The Interagency Security Classification Appeals Panel (ISCAP) Bylaws, Rules, and Appeal Procedures, 40261-40265 [2012-16655]

Agencies

• Information Security Oversight Office
• National Archives and Records Administration

[Federal Register Volume 77, Number 131 (Monday, July 9, 2012)]
[Rules and Regulations]
[Pages 40261-40265]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16655]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

Information Security Oversight Office

32 CFR Part 2003

[NARA-12-0003]
RIN 3095-AB76


The Interagency Security Classification Appeals Panel (ISCAP) 
Bylaws, Rules, and Appeal Procedures

AGENCY: Information Security Oversight Office, National Archives and 
Records Administration.

ACTION: Direct final rule.

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SUMMARY: The Interagency Security Classification Appeals Panel (ISCAP) 
is a Presidential panel that decides on certain classification and 
declassification issues, as established in Executive Order 13526, 
Classified National Security Information, December 29, 2009, section 
5.3(a)(1), and the E.O.'s implementing directives. Section 5.3(c) of 
the E.O. directs ISCAP to issue bylaws, rules, and procedures and to 
publish them in the Federal Register. ISCAP previously published its 
bylaws as a regulatory appendix, Classified National Security 
Information Directive No. 1. This rule revamps ISCAP's bylaws and 
appellate procedures and publishes them in their own part for easier 
access.

DATES: This rule is effective September 7, 2012, without further 
action, unless adverse comment is received by August 8, 2012. If 
adverse comment is received, NARA will publish a timely withdrawal of 
the rule in the Federal Register.

ADDRESSES: NARA invites interested persons to submit comments on this 
direct final rule. Please include ``Attn: 3095-AB76 and your name and 
mailing address in your comments. Comments may be submitted by any of 
the following methods:
    [ssquf] Federal eRulemaking Portal: Go to: https://www.regulations.gov. Follow the instructions for submitting comments.
    [ssquf] Fax: Submit comments by facsimile transmission to 301-837-
0319, attention Regulations Comments Desk.
    [ssquf] Mail: Send comments to Strategy and Policy Office (SP); 
Regulations Comments Desk, Room 4100; National and Archives Records 
Administration; ATTN: Laura McCarthy; 8601 Adelphi Road; College Park, 
MD 20740.
    [ssquf] Hand Delivery or Courier: Deliver comments to 8601 Adelphi 
Road, College Park, MD. Address them to Strategy and Policy Office 
(SP); Regulations Comments Desk, Room 4100, Attn: Laura McCarthy.

FOR FURTHER INFORMATION CONTACT: John P. Fitzpatrick, Director, ISOO, 
at 202-357-5250.

SUPPLEMENTARY INFORMATION: ISCAP is a Presidential appellate panel made 
up of representatives from the Departments of State, Defense, and 
Justice, the National Archives and Records Administration, the Office 
of the Director of National Intelligence, and the National Security 
Advisor, with an occasional representative from the Central 
Intelligence Agency. The director of the Information Security Oversight 
Office (ISOO), a unit of the National Archives and Records 
Administration (NARA), has been tasked by E.O. 13526 as the Panel's 
Executive Secretary, and the ISOO staff as the administrative staff 
supporting the Panel. As a result, the ISCAP bylaws and appellate 
procedures are published by NARA along with other ISOO regulations.
    ISCAP's bylaws were previously published in 2004 as Appendix A to 
ISOO's Directive 1. When ISOO's directive was updated in 2009, the 
ISCAP bylaws were not included as an appendix again, and are now being 
added, along with appellate procedures, for publication as Part 2003. 
Publishing ISCAP's bylaws and appellate procedures in a separate part 
will make them easier to find and to use.
    This rule is effective upon publication for good cause as permitted 
by the Administrative Procedure Act (5 U.S.C. 553(d)(3)). NARA believes 
that delaying the effective date for 30 days is unnecessary as this 
rule represents minor technical amendments from the previous by-laws as 
mandated by E.O. 13526.
    This direct final rule is not a significant regulatory action for 
the purposes of E.O. 12866 and has [not] been reviewed by the Office of 
Management and Budget (OMB). The proposed amendment is also not a major 
rule as defined in 5 U.S.C. chapter 8, Congressional Review of Agency 
Rulemaking. As required by the Regulatory Flexibility Act, we certify 
that this rule will not have a significant impact on a substantial 
number of small entities because it sets out only the bylaws by which 
the Panel will operate and the review procedures for Federal agency 
declassification actions.

List of Subjects in 32 CFR Part 2003

    Classified information.

    For the reasons stated in the preamble, NARA adds 32 CFR part 2003, 
to read as follows:

PART 2003--INTERAGENCY SECURITY CLASSIFICATION APPEALS PANEL 
(ISCAP) BYLAWS, RULES, AND APPEAL PROCEDURES

Subpart A--Bylaws
Sec.
2003.1 Purpose (Article I).
2003.2 Authority (Article II).
2003.3 Functions (Article III).
2003.4 Membership (Article IV).
2003.5 Meetings (Article V).
2003.6 Voting (Article VI.).

[[Page 40262]]

2003.7 Support Staff (Article VII).
2003.8 Records (Article VIII).
2003.9 Reports to the President (Article IX).
2003.10 Approval, amendment, and publication of bylaws, rules, and 
procedures (Article X).
Subpart B--Appeal Procedures
Sec.
2003.11 Appeals of agency decisions regarding classification 
challenges under section 1.8 of the Order.
2003.12 Review of agency exemptions from automatic declassification 
under section 3.3 of the Order.
2003.13 Appeals of agency decisions denying declassification under 
mandatory review provisions in section 3.5 of the Order.
2003.14 Dissemination of ISCAP decisions.
2003.15 Additional functions.

    Authority: E.O. 13526, 75 FR 707, 75 FR 1013, 3 CFR, 2010 Comp., 
p. 298

Subpart A--Bylaws


Sec.  2003.1  Purpose (Article I).

    The Interagency Security Classification Appeals Panel (hereafter 
``ISCAP'' or ``the Panel'') advises and assists the President in the 
discharge of his constitutional and discretionary authority to protect 
the national security of the United States.


Sec.  2003.2  Authority (Article II).

    ISCAP was established by, and receives its authority from, 
Executive Order 13526 ``Classified National Security Information'' 
(hereafter the ``Order''), December 29, 2009, section 5.3(a)(1), and 
the Order's implementing directives. Section 5.3(c) of the Order 
directs ISCAP to issue bylaws, rules, and procedures and to publish 
them in the Federal Register.


Sec.  2003.3  Functions (Article III).

    In carrying out its purpose, the Panel:
    (a) Decides appeals by people who have filed classification 
challenges under section 1.8 of the Order;
    (b) Approves, denies, or amends agency exemptions from automatic 
declassification under section 3.3 of the Order;
    (c) Decides appeals by people or entities who have filed requests 
for mandatory declassification review under section 3.5 of the Order; 
and
    (d) Informs senior agency officials and the public, as appropriate, 
of final Panel decisions on appeals under sections 1.8 and 3.5 of the 
Order.


Sec.  2003.4  Membership (Article IV).

    (a) Member organizations and members.
    (1) The Departments of State, Defense, and Justice, the National 
Archives and Records Administration, the Office of the Director of 
National Intelligence, and the National Security Advisor each have a 
member on the Panel.
    (2) Additionally, the Director of the Central Intelligence Agency 
may appoint a temporary representative, who meets the member criteria, 
to participate as a voting member in all Panel deliberations and 
associated support activities concerning classified information 
originated by the Central Intelligence Agency.
    (b) Alternate member. Each member organization also designates in 
writing an alternate, or alternates, to represent it on all occasions 
when the primary member is unable to participate. When serving for a 
primary member, an alternate assumes all the rights and 
responsibilities of that primary member, including voting. The 
alternate member must meet the member criteria. The member organization 
head, or the organization's deputy or senior agency official for the 
Order, makes the written designation of an alternate, addressed to the 
ISCAP Chair.
    (c) Selection criteria for member.
    (1) Members must be senior-level agency Federal officials or 
employees, full-time or permanent part-time, and must be designated to 
serve as a member on the Panel by the respective agency head.
    (2) Panel members must meet security access criteria in order to 
fulfill the Panel's functions.
    (d) Member vacancies. Vacancies among the primary members must be 
filled as quickly as possible. The Chair, working through the Executive 
Secretary, takes all appropriate measures to encourage the organization 
to fill the vacancy quickly. In the interim, the organization's 
designated alternate serves as its member.
    (e) Liaisons. Each member organization also designates in writing 
an individual or individuals (hereafter ``liaisons'') to serve as 
liaison to the Executive Secretary in support of the primary member and 
alternate(s). The liaisons meet at the call of the Executive Secretary. 
The agency head, or the deputy or senior agency official for the Order, 
makes the written designation, addressed to the ISCAP Chair.
    (f) Chair. The President of the United States selects the Chair 
from among the primary members.
    (g) Vice Chair. The members may elect from among the primary 
members a Vice Chair who:
    (1) Chairs meetings that the Chair is unable to attend; and
    (2) Serves as Acting Chair during a vacancy in the Chair of the 
ISCAP.
    (h) Executive Secretary. The Director of the Information Security 
Oversight Office (ISOO), National Archives and Records Administration, 
is the Executive Secretary of the Panel and oversees the Panel's 
support staff.


Sec.  2003.5  Meetings (Article V).

    (a) Purpose. The primary purpose of ISCAP meetings is to discuss 
and bring formal resolution to matters before the Panel and carry out 
the functions listed in Sec.  2003.3, Article III, of these bylaws.
    (b) Frequency. The Panel meets at the call of the Chair, who 
schedules meetings as necessary for the Panel to fulfill its functions 
in a timely manner. The Chair also convenes the ISCAP when requested by 
a majority of its member organizations.
    (c) Quorum. Panel meetings may be held only when a quorum is 
present. For this purpose, a quorum requires the presence of at least 
five primary or alternate members.
    (d) Attendance. As determined by the Chair, attendance at Panel 
meetings is limited to only the people necessary for the Panel to 
fulfill its functions in a complete and timely manner. The members may 
arrange briefings by substantive experts from individual departments or 
agencies, after consultation with the Chair.
    (e) Agenda. The Chair establishes the agenda for all meetings. Any 
member or the Executive Secretary may submit potential items for the 
agenda. Acting through the Executive Secretary, the Chair distributes 
the agenda and supporting materials to the members as soon as possible 
before a scheduled meeting.
    (f) Minutes. The Executive Secretary and staff prepare each 
meeting's minutes, and distribute draft minutes to each member. The 
minutes include a record of the members present at the meeting and the 
result of each vote. At each Panel meeting, the Chair reads or 
references the previous meeting's draft minutes. At that time the 
minutes are corrected, as necessary, approved by the membership, and 
certified by the Chair. The approved minutes are maintained among the 
Panel's records.


Sec.  2003.6  Voting (Article VI).

    (a) Motions. When the Panel is required to make a decision or 
recommendation to resolve a matter before it, the Chair requests or 
accepts a motion for a vote. Any member, including the Chair, may make 
a motion for a vote. No second is required to bring any motion to a 
vote. A quorum must be present when a vote is taken.
    (b) Eligibility. Only the member, including the Chair, may vote on 
a motion before the ISCAP, with each represented member organization 
having one vote.

[[Page 40263]]

    (c) Voting procedures at meetings. Votes are ordinarily taken and 
tabulated by a show of hands.
    (d) Passing a motion. In response to a motion, members may vote 
affirmatively, negatively, or abstain from voting. A motion passes when 
it receives a majority of affirmative votes of the members voting. In 
circumstances in which members abstain from voting, a Panel decision to 
reverse an agency's classification decision requires the affirmative 
vote of at least a majority of the members present.
    (e) Votes in a non-meeting context. The Chair may call for a vote 
of the membership outside the context of a formal ISCAP meeting. An 
alternate member may also participate in such a vote if the primary 
member cannot be present. The Executive Secretary records and retains 
such votes in a documentary form and immediately reports the results to 
the Chair and other primary or alternate members, including all notes 
of concurrence or dissent. If a member expresses dissent to taking a 
non-meeting vote, any member may request the Chair call a meeting of 
the members to discuss the issue under consideration and to hold an in-
person vote.


Sec.  2003.7  Support Staff (Article VII).

    The staff of the Information Security Oversight Office (ISOO), 
National Archives and Records Administration, provides program and 
administrative support for the Panel. The Executive Secretary 
supervises the staff in this function pursuant to the direction of the 
Chair and ISCAP. On an as-needed basis, the Panel may seek detailees 
from agencies to augment the ISOO staff in support of the ISCAP. All 
staff must meet security access criteria in order to fulfill the 
Panel's functions.


Sec.  2003.8  Records (Article VIII).

    (a) Integrity of ISCAP Records. The Executive Secretary maintains 
records that are produced by or presented to the ISCAP or its staff in 
the performance of the Panel's functions, consistent with applicable 
law.
    (b) Access requests or Freedom of Information Act (FOIA) requests 
for ISCAP records. The Panel refers any FOIA request or other access 
request for information that originated within an agency other than the 
ISCAP to that agency for processing. The Panel processes requests for 
information originated by the ISCAP in accordance with 44 U.S.C. 
sections 2201-2207 (Presidential Records Act).
    (c) Disposition. The Executive Secretary maintains Panel records in 
accordance with 44 U.S.C. sections 2201-2207 (Presidential Records 
Act).


Sec.  2003.9  Reports to the President (Article IX).

    ISOO includes pertinent information and data about the activities 
of the Panel in ISOO's reports to the President of the United States. 
The Panel also includes such information in any reports it may make to 
the President. The Chair, in coordination with the other members of the 
ISCAP and the Executive Secretary, determines what information and data 
to include in each report.


Sec.  2003.10  Approval, amendment, and publication of bylaws, rules, 
and procedures (Article X).

    Approval and amendment of Panel bylaws, rules, and procedures 
requires the affirmative vote of at least four members. The Executive 
Secretary submits approved bylaws, rules, procedures, and their 
amendments, for publication in the Federal Register.

Subpart B--Appeal Procedures


Sec.  2003.11  Appeals of agency decisions regarding classification 
challenges under section 1.8 of the Order.

    Authorized holders of information who, in good faith, believe that 
its classification status is improper may challenge an agency's 
classification of the information in accordance with agency procedures. 
After challenging the classification at the agency level, the 
authorized holder may appeal the agency's decision to the ISCAP.
    (a) Jurisdiction. The ISCAP will consider and decide appeals from 
classification challenges that otherwise meet the standards of the 
Order if:
    (1) The appeal is filed in accordance with these procedures;
    (2) The appellant has previously challenged the classification 
action at the agency that originated, or is otherwise responsible for, 
the information in question. The previous challenge must have followed 
the agency's established procedures or, if the agency has failed to 
establish procedures, the appellant must have filed a written challenge 
directly with the agency head or designated senior agency official, as 
defined in section 5.4(d) of the Order;
    (3) The appellant has:
    (i) Received a final agency decision denying his or her challenge; 
or
    (ii) Not received--
    (A) An initial written response to the classification challenge 
from the agency within 120 days of its filing, or
    (B) A written response to an agency level appeal within 90 days of 
the filing of the appeal;
    (4) There is no action pending in the federal courts regarding the 
information in question;
    (5) The information in question has not been the subject of a FOIA 
or mandatory declassification review within the past two years; and
    (6) The information in question has not been the subject of a 
prepublication review or other administrative process pursuant to an 
approved nondisclosure agreement.
    (b) Submission of appeals. Appeals may be submitted to the Panel by 
email or mail. Appeals should be sent via email to: ISCAP@nara.gov or 
by mail to: Executive Secretary, Interagency Security Classification 
Appeals Panel; Attn: Classification Challenge Appeals; c/o Information 
Security Oversight Office; National Archives and Records 
Administration; 700 Pennsylvania Avenue NW., Room 503; Washington, DC 
20408.
    (1) The appeal must contain enough information for the Executive 
Secretary to be able to obtain all pertinent documents about the 
classification challenge from the affected agency.
    (2) No classified information should be included within the initial 
appeal correspondence. The Executive Secretary will arrange for the 
transmittal of classified information from the agency after receiving 
the appeal. If it is impossible for the appellant to file an appeal 
without including classified information, prior arrangements must be 
made by contacting the Panel in one of the two methods listed above.
    (c) Timeliness of appeals. An appeal to the ISCAP must be filed 
within 60 days of:
    (1) The date of the final agency decision; or
    (2) The agency's failure to meet the time frames established in 
paragraph (a)(3)(i) and (ii) of this section.
    (d) Rejection of appeals. If the Executive Secretary determines 
that an appeal does not meet the requirements of the Order or these 
bylaws, the Executive Secretary notifies the appellant in writing that 
the appeal will not be considered by the ISCAP. The notification 
includes an explanation of why the appeal is deficient.
    (e) Preparation of appeals and creation of appeals files. The 
Executive Secretary notifies the designated senior agency official, 
and, if applicable, the primary member, alternate, or liaison of the 
affected agency(ies) when an appeal is lodged. Under the direction of 
the ISCAP, the Executive Secretary supervises the preparation of an 
appeal file, pertinent portions of which are presented to the members 
of the Panel for review prior to a vote on the appeal.

[[Page 40264]]

The appeal file eventually includes all records pertaining to the 
appeal.
    (f) Resolution of appeals. The Panel may vote to affirm the 
agency's decision, to reverse the agency's decision in whole or in 
part, or to remand the matter to the agency for further consideration. 
A decision to reverse an agency's decision requires the affirmative 
vote of at least a majority of the members present. In circumstances in 
which members abstain from voting, a Panel decision to reverse an 
agency's classification decision requires the affirmative vote of at 
least a majority of the members present.
    (g) Notification. The Executive Secretary promptly notifies the 
appellant and the designated senior agency official in writing of the 
Panel's decision.
    (h) Agency appeals. Within 60 days of receipt of an ISCAP decision 
that reverses a final agency decision, the agency head may petition the 
President through the National Security Advisor to overrule the Panel's 
decision. The information at issue remains classified until the 
President has issued a decision.
    (i) Protection of classified information. All persons involved in 
the appeal will make every effort to minimize the inclusion of 
classified information in the appeal file. Any classified information 
contained in the appeal file is handled and protected in accordance 
with the Order and its implementing directives. Information being 
challenged for classification remains classified unless and until a 
final decision is made to declassify it.
    (j) Maintenance and disposition of file. The Executive Secretary 
maintains the appeal file among the ISCAP's records in accordance with 
44 U.S.C. 2201-2207 (the Presidential Records Act).


Sec.  2003.12  Review of agency exemptions from automatic 
declassification under section 3.3 of the Order.

    All classified records that are more than 25 years old and have 
been determined to have permanent historical value under title 44, 
United States Code, are automatically declassified whether or not the 
records have been reviewed. However, agency heads may exempt 
information that would otherwise fall into this category on specific 
bases set out in section 3.3 of the Order. The ISCAP reviews and 
approves, denies, or amends agency proposals to exempt such information 
from automatic declassification.
    (a) Agency notification of exemptions. The agency head or 
designated senior agency official notifies the Executive Secretary of 
proposed agency exemptions in accordance with the requirements of the 
Order and its implementing directives. Agencies provide any additional 
information or justification that the Executive Secretary believes is 
necessary or helpful in order for the ISCAP to review and decide on the 
exemption.
    (b) Preparation of the exemptions files. The Executive Secretary 
notifies the Chair of an agency's submission. At the direction of the 
ISCAP, the Executive Secretary supervises the preparation of an 
exemption file, pertinent portions of which are presented to the 
members of the Panel for review prior to a vote on the exemptions. The 
exemption file eventually includes all records pertaining to the 
ISCAP's consideration of the agency's exemptions.
    (c) Resolution. The Panel may vote to approve an agency exemption, 
to deny an agency exemption, to amend an agency exemption, or to remand 
the matter to the agency for further consideration. A decision to deny 
or amend an agency exemption requires the affirmative vote of a 
majority of the members present.
    (d) Notification. The Executive Secretary promptly notifies the 
designated senior agency official in writing of the Panel's decision.
    (e) Agency appeals. Within 60 days of receipt of an ISCAP decision 
that denies or amends an agency exemption, the agency head may petition 
the President through the National Security Advisor to overrule the 
Panel's decision.
    (f) Protection of classified information. All persons involved in 
the appeal will make every effort to minimize the inclusion of 
classified information in the appeal file. Any classified information 
contained in the exemption file is handled and protected in accordance 
with the Order and its implementing directives. Information that the 
agency maintains is exempt from declassification remains classified 
unless and until a final decision is made to declassify it.
    (g) Maintenance and disposition of file. The Executive Secretary 
maintains the exemption file among the ISCAP's records in accordance 
with 44 U.S.C. 2201-2207 (the Presidential Records Act).


Sec.  2003.13  Appeals of agency decisions denying declassification 
under mandatory review provisions in section 3.5 of the Order.

    Section 3.5 of the Order requires agencies to conduct a mandatory 
declassification review, upon request, of classified information that 
meets the requirements set out in the Order. An agency may deny such a 
review for specific reasons set out in section 5.3(a) of the Order. If 
an agency denies a request for such review, a person may appeal the 
denial through the agency's appeal process. After that process, a 
person may further appeal to the ISCAP.
    (a) Jurisdiction. The ISCAP considers and decides appeals from 
denials of mandatory review for declassification requests that 
otherwise meet the standards of the Order if:
    (1) The appeal is filed in accordance with these procedures;
    (2) The appellant has previously filed a request for mandatory 
declassification review at the agency that originated, or is otherwise 
responsible for, the information in question, and filed an appeal at 
the agency level. The request and appeal must have followed the 
agency's established procedures or, if the agency has failed to 
establish procedures, the appellant must have filed a written request 
directly with the agency head or designated senior agency official;
    (3) The appellant has:
    (i) Received a final agency decision denying his or her request; or
    (ii) Not received--
    (A) An initial decision on the request for mandatory 
declassification review from the agency within one year of its filing, 
or
    (B) A final decision on an agency level appeal within 180 days of 
the filing of the appeal;
    (4) There is no action pending in the federal courts regarding the 
information in question;
    (5) The information in question has not been the subject of an 
access review by the Federal courts or the ISCAP within the past two 
years; and
    (6) The information in question is not the subject of a 
prepublication review or other administrative process pursuant to an 
approved nondisclosure agreement.
    (b) Submission of appeals. Appeals may be submitted to the Panel by 
email or mail. Appeals should be sent via email to: ISCAP@nara.gov or 
by mail to: Executive Secretary, Interagency Security Classification 
Appeals Panel; Attn: Mandatory Declassification Review Appeals; c/o 
Information Security Oversight Office; National Archives and Records 
Administration; 700 Pennsylvania Avenue NW., Room 503; Washington, DC 
20408.
    (1) The appeal must contain enough information for the Executive 
Secretary to be able to obtain all pertinent documents about the 
mandatory declassification review appeal from the affected agency.

[[Page 40265]]

    (2) No classified information should be included within the initial 
appeal correspondence. The Executive Secretary will arrange for the 
transmittal of classified information from the agency after receiving 
the appeal. If it is impossible for the appellant to file an appeal 
without including classified information, prior arrangements must be 
made by contacting the Panel in one of the two methods listed above.
    (c) Timeliness of appeals. An appeal to the ISCAP must be filed 
within 60 days of:
    (1) The date of the final agency decision; or
    (2) The agency's failure to meet the time frames established in 
paragraph (a)(3)(i) and (ii) of this section.
    (d) Rejection of appeals. If the Executive Secretary determines 
that an appeal does not meet the requirements of the Order or these 
bylaws, the Executive Secretary notifies the appellant in writing that 
the appeal will not be considered by the ISCAP. The notification 
includes an explanation of why the appeal is deficient.
    (e) Preparation of appeals and creation of appeals files. The 
Executive Secretary notifies the senior agency official or primary 
member, alternate, or liaison of the affected agency(ies) when an 
appeal is lodged. Under the direction of the ISCAP, the Executive 
Secretary supervises the preparation of an appeal file, pertinent 
portions of which are presented to the members of the Panel for review 
prior to a vote on the appeal. The appeal file eventually includes all 
records pertaining to the appeal.
    (f) Narrowing appeals. To expedite the resolution of appeals and 
minimize backlogs, the Executive Secretary consults as relevant with 
appellants and agencies to narrow or prioritize the information subject 
to the appeal.
    (g) Resolution of appeals. The Panel may vote to affirm the 
agency's decision, to reverse the agency's decision in whole or in 
part, or to remand the matter to the agency for further consideration. 
A decision to reverse an agency's decision requires the affirmative 
vote of at least a majority of the members present. In circumstances in 
which members abstain from voting, a Panel decision to reverse an 
agency's classification decision requires the affirmative vote of at 
least a majority of the members present.
    (h) Notification. The Executive Secretary promptly notifies the 
appellant and designated senior agency official in writing of the 
Panel's decision.
    (i) Agency appeals. Within 60 days of receipt of an ISCAP decision 
that reverses a final agency decision, the agency head may petition the 
President through the National Security Advisor to overrule the Panel's 
decision.
    (j) Protection of classified information. All persons involved in 
the appeal will make every effort to minimize the inclusion of 
classified information in the appeal file. Any classified information 
contained in the appeal file is handled and protected in accordance 
with the Order and its implementing directives. Information that is 
subject to an appeal from an agency decision denying declassification 
under the mandatory review provisions of the Order remains classified 
unless and until a final decision is made to declassify it.
    (k) Maintenance and disposition of file. The Executive Secretary 
shall maintain the appeal file among the ISCAP's records in accordance 
with 44 U.S.C. 2201-2207 (Presidential Records Act).


Sec.  2003.14  Dissemination of ISCAP decisions.

    The Executive Secretary informs senior agency officials and the 
public of final ISCAP decisions on appeals under sections 1.8 and 3.5 
of the Order.


Sec.  2003.15  Additional functions.

    As directed by the President through the National Security Advisor, 
the ISCAP performs such additional advisory functions as are consistent 
with, and supportive of, the successful implementation of the Order.

     Dated: June 25, 2012.
John P. Fitzpatrick,
Director, Information Security Oversight Office.
    Approved: June 25, 2012.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2012-16655 Filed 7-6-12; 8:45 am]
BILLING CODE 7515-01-P