Mandatory Declassification Review and the Interagency Security Classification Appeals Panel Society of American Archivists, Austin, Texas Session 603: August 15, 2009 William C. Carpenter: NARA, Information Security Oversight Office Mary Ronan: National Security Council David Mengel: NARA, Special Access/FOIA Section David Daley: Department of Defense William Burr: National Security Archive

2 Declassification Overview Confidential, Secret, Top Secret Executive Order 12958, as amended Presidential decision Automatic declassification at 25 years Freedom of Information Act Mandatory Declassification Review

3 What is Mandatory Declassification Review (MDR)? MDR is a means by which any individual (regardless of nationality) or entity can request any agency to review classified information for declassification, regardless of its age or origin, subject to certain limitations set forth in Executive Order 12958, as amended, “Classified National Security Information” (the Order)

4 What is the ISCAP? Interagency Security Classification Appeals Panel The ISCAP provides the public and users of the classification system with a forum for further review of classification decisions Three Functions Decide on appeals for classification challenges lodged under section 1.8 of the Order Approve, deny, or amend application by agency heads of exemptions under section 3.3(b) of the Order Decide on appeals for MDR

5 Membership Senior-Level Representatives of: Assistant to the President for National Security Affairs Department of Defense Department of State Department of Justice Central Intelligence Agency National Archives and Records Administration The President appoints the ISCAP's chair from among its members ISCAP liaisons support members Director of ISOO serves as Executive Secretary ISOO provides program and administrative staff support

6 Authority and Purpose Section 5.3 of the Order ISCAP Bylaws - Appendix A to 32 C.F.R. Part 2001 Advises and assists the President in the discharge of his constitutional and discretionary authority to protect the national security of the United States ISCAP decisions are considered to be final, unless changed by the President Agency heads can appeal ISCAP decisions to the President Special role of the Director of National Intelligence - section 5.3(f) of the Order

7 Disposition of Initial MDR Requests FY 1996 – 2008 (Total: 2,808,808 Pages)

8 ISCAP MDR Decisions May 1996 to September 2008 (769 Documents)

9 Number of MDR ISCAP Appeals May 1996 to December 2008

10 Sample Documents US DOJ OLC Memo, 2002 Israel and Nuclear Weapons, 1960 Walter Pincus article, Washington Post, June 16, 2009 Arab-Israeli War Post-Mortem, 1973 Likelihood of Nuclear Acts by Terrorist Groups, 1986 Likelihood of Nuclear Acts by Terrorist Groups, 1986

11 DOJ OLC Memo, 2002

12 Israel and Nuclear Weapons, 1960

13 Arab-Israeli War Post-Mortem, 1973

14 Likelihood of Nuclear Acts by Terrorist Groups, 1986

15 Resources - General ISCAP: groups/iscap/index.html MDR: groups/iscap/mdr-appeals.html ISOO:

16 Contact Information Information Security Oversight Office (ISOO) William J. (Jay) Bosanko Director, ISOO Executive Secretary, ISCAP The National Archives Building 700 Pennsylvania Avenue, NW Washington, D.C Telephone: (202) FAX: (202) Bill Carpenter Program Analyst Telephone:

17 Panelists Mary Ronan: National Security Council David Mengel: NARA, Special Access/FOIA Section David Daley: Department of Defense Office of Security Review William Burr: National Security Archive