A FOIA alternative: Mandatory declassification review

If you choose to file a request for mandatory declassification review rather than file a FOIA request, check with the agency that has the records you seek to find out who is designated to receive these requests. Each agency with classification authority designates an official to receive them.

In a letter to that official, describe the records you want as specifically as you can and ask the agency to declassify them.

The rules governing declassification review state that you should receive a final determination promptly and have your request addressed within 180 days. If the agency cannot process your request promptly, it should notify you that it needs additional time. If it has not contacted you within 120 days, you may file an appeal directly with the Interagency Security Classification Appeals Panel (ISCAP).

If the agency does not declassify any of the records you request, it must release the records or portions of records it has declassified and tell you how to appeal its decisions within the agency. You should file your appeal with the agency within 60 days. If you receive a denial of your appeal to the agency, or if you do not receive an initial response within 120 days or a response to your appeal within 90 days, you may appeal to ISCAP. Address your appeal to:

Interagency Security Classification Appeals Panel
Attn: Classification Challenge Appeals
National Archives and Records Administration
7th and Pennsylvania Ave, N.W., Room 5W
Washington, D.C. 20408

The ISCAP will vote to reverse or affirm an agency’s decision, or to go back to the agency with directions on reprocessing the request. Only the president can reverse an ISCAP decision. If an agency decision is reversed, the agency head may petition the president through the Assistant to the President for National Security Affairs for a reversal.

If you have no intention of filing a lawsuit over your records, declassification review can be a convenient avenue to obtain them. Unlike with FOIA, the requester is not charged fees for this option. Also, delays are far less significant and can result in prying at least some records loose.

However, if you pursue declassification rather than requesting your records under FOIA, you lose the right to litigate if the records are not declassified. ISCAP is the only available review in this process. In addition, you may not file a FOIA request for that information for two years.