ISOO, CUI, PIDB &
ISCAP,
The Information
Security Oversight Office (ISOO)
The Information Security Oversight Office (ISOO) is
responsible to the President for policy and oversight of the Government-wide
security classification system and the National Industrial Security Program.
ISOO receives authority from: "Classified National
Security Information," Executive Order 13526 was released by the White
House on December 29, 2009
ISOO is a component of the National Archives and Records
Administration (NARA ) and receives policy
and program guidance from the National Security Council (NSC ).
ISOO has three components:
The Classification Management Staff: Develops security
classification policies for classifying, declassifying and safeguarding
national security information generated in Government and industry. The
Operations Staff: Evaluates the effectiveness of the security classification
programs established by Government and industry to protect information vital to
our national security interests.
Controlled
Unclassified Informatin Office (CUI) of ISOO
Develops standardized CUI policies and procedures that appropriately protect sensitive information through effective data access and control measures.
Public Interest
Declassification Board (PIDB)
The Public Interest Declassification Board (PIDB) is an
advisory committee established by Congress in order to promote the fullest
possible public access to a thorough, accurate, and reliable documentary record
of significant U.S.
national security decisions and activities. The President appointed Nancy Soderberg as
Chair and Martin
C. Faga, William
H. Leary, and Elizabeth Rindskopf
Parker as members. The Minority Leader of the House appointed David Skaggs and
the Speaker of the House appointed William O.
Studeman. The Majority Leader of the Senate appointed Sanford Ungar.
The Director of the Information Security Oversight Office
(ISOO), serves as the PIDB Executive Secretary, and the ISOO staff provides
staff support on a reimbursable basis.
Background: Section 1102 of the Intelligence Reform and
Terrorism Prevention Act of 2004 extended and modified the PIDB as established
by the Public
Interest Declassification Act of 2000 [PDF document] (P.L.
106-567, title VII , Dec. 27, 2000, 114 Stat.
2856).
Functions: Advises and provides recommendations to the
President and other executive branch officials on the systematic, thorough,
coordinated, and comprehensive identification, collection, review for
declassification, and release of declassified records and materials of archival
value, including records and materials of extraordinary public interest.
Promotes the fullest possible public access to a thorough,
accurate, and reliable documentary record of significant U.S. national security
decisions and activities in order to: support the oversight and legislative
functions of Congress; support the policymaking role of the executive branch;
respond to the public interest on national security matters; and promote
reliable historical analysis and new avenues of historical study in national
security matters.
Advises the President and other executive branch officials
on policies deriving from Executive Orders regarding the classification and
declassification of national security information.
Reviews and makes recommendations to the President with
respect to any Congressional request, made by the committee of jurisdiction, to
declassify certain records or to reconsider a rejection to declassify specific
records.
Interagency Security
Classification Appeals Panel
The Interagency Security Classification Appeals Panel
(ISCAP) provides the public and users of the classification system with a forum
for further review of classification decisions.
The protection of the national security requires that some
of the work of the U.S. Government be done outside the purview of its
citizenry. In order to ensure an informed public while simultaneously
protecting certain information, checks and balances are needed over the
classification system.
Establishment: The Interagency Security Classification
Appeals Panel, or "ISCAP," was created under Executive Order 12958,
"Classified National Security Information," when it was signed on April 17, 1995 . Today the ISCAP
receives its guidelines from Executive Order 13526. The ISCAP held its first
meeting in May of 1996 and has met regularly since that time.
Functions: Section
5.3 of E.O.
13526, directs the ISCAP to perform four critical functions: Classification
Challenges: deciding on appeals by authorized persons who have filed
classification challenges under Section 1.8 of E.O. 13526;
Exemptions
from Automatic Declassification: approving, denying or amending agency
exemptions from automatic declassification, as provided in Section 3.3 of E.O.
13526; and Mandatory
Declassification Review Appeals: deciding on mandatory
declassification review appeals by parties whose requests for declassification
under Section 3.5 of E.O. 13526, have been denied at the agency level.
Inform Decisions: appropriately inform senior agency
officials and the public of final Panel decisions on appeals under Sections 1.8
and 3.5 of E.O. 13526.
How to appeal to the ISCAP:
Article VIII section A(3) of the ISCAP bylaws indicates
that:
1) If the appellant has not received an initial decision for
a MDR within one year of its filing, the
requestor may appeal directly to the ISCAP. The appeal must be filed within 60
days of the agency's failure to meet the time frames established in paragraph
(A)(3)(b) of this article. If the agency denies the initial request, it must
notify the requestor of his or her right to file an administrative appeal.
2) Failure by the agency to make a final decision within 180
days for an agency level administrative appeal will permit the requestor to
appeal directly to the ISCAP. The appeal must be filed within 60 days of the
agency's failure to meet the time frames established in paragraph (A)(3)(b) of
this article.
3) If the agency denies the administrative appeal, it must
notify the requestor in writing of the final determination and the reasons for
the denial. It must notify the requestor that he or she may, within 60 days of
the receipt of the notification, file an appeal with the ISCAP.
Membership: The ISCAP member body consists of senior level
representatives appointed by the Departments of State, Defense, and Justice,
the National Archives, the Office of the Director of National Intelligence, and
the National Security Advisor. Each shall be represented by a senior-level
representative who is a full-time or permanent part-time Federal officer or
employee designated to serve as a member of the Panel by the respective agency
head. The President shall designate a Chair from among the members of the
Panel. The Director of ISOO serves as its Executive Secretary, and ISOO staff
provides program and administrative support for the panel. The Director of the
Central Intelligence Agency may appoint a temporary representative to
participate as a voting member in all Panel deliberations and associated
support activities concerning classified information originated by the Central
Intelligence Agency.
[I want to thank Joe Backes - see his JusticeforJFK blog - for pointing out the significance of these agencies.]
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