PUBLIC LAW 108–136—NOV. 24, 2003
117 STAT. 1571
‘‘(3) The specific subject matter of an investigation by any of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity: ‘‘(A) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. ‘‘(B) The Committee on Armed Services and the Select Committee on Intelligence of the Senate. ‘‘(C) The Intelligence Oversight Board. ‘‘(D) The Department of Justice. ‘‘(E) The Office of General Counsel of the National Security Agency. ‘‘(F) The Office of the Inspector General of the Department of Defense. ‘‘(G) The Office of the Director of the National Security Agency. ‘‘(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED OPERATIONAL FILES.—(1) Files that are not exempted under subsection (a) that contain information derived or disseminated from exempted operational files shall be subject to search and review. ‘‘(2) The inclusion of information from exempted operational files in files that are not exempted under subsection (a) shall not affect the exemption under subsection (a) of the originating operational files from search, review, publication, or disclosure. ‘‘(3) The declassification of some of the information contained in exempted operational files shall not affect the status of the operational file as being exempt from search, review, publication, or disclosure. ‘‘(4) Records from exempted operational files that have been disseminated to and referenced in files that are not exempted under subsection (a) and that have been returned to exempted operational files for sole retention shall be subject to search and review. ‘‘(e) SUPERCEDURE OF OTHER LAWS.—The provisions of subsection (a) may not be superseded except by a provision of law that is enacted after the date of the enactment of this section and that specifically cites and repeals or modifies such provisions. ‘‘(f) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; JUDICIAL REVIEW.—(1) Except as provided in paragraph (2), whenever any person who has requested agency records under section 552 of title 5, United States Code, alleges that the National Security Agency has withheld records improperly because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5, United States Code. ‘‘(2) Judicial review shall not be available in the manner provided for under paragraph (1) as follows: ‘‘(A) In any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by the National Security Agency, such information shall be examined ex parte, in camera by the court. ‘‘(B) The court shall determine, to the fullest extent practicable, the issues of fact based on sworn written submissions of the parties.
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