Page:United States Statutes at Large Volume 124.djvu/2748

124 STAT. 2722 PUBLIC LAW 111–259—OCT. 7, 2010 SEC. 408. PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (a) IN GENERAL.—Title VII of the National Security Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ‘‘SEC. 706. (a) INAPPLICABILITY OF FOIA TO EXEMPTED OPER- ATIONAL FILES PROVIDED TO ODNI.—(1) Subject to paragraph (2), the provisions of section 552 of title 5, United States Code, that require search, review, publication, or disclosure of a record shall not apply to a record provided to the Office of the Director of National Intelligence by an element of the intelligence community from the exempted operational files of such element. ‘‘(2) Paragraph (1) shall not apply with respect to a record of the Office that— ‘‘(A) contains information derived or disseminated from an exempted operational file, unless such record is created by the Office for the sole purpose of organizing such exempted operational file for use by the Office; ‘‘(B) is disseminated by the Office to a person other than an officer, employee, or contractor of the Office; or ‘‘(C) is no longer designated as an exempted operational file in accordance with this title. ‘‘(b) EFFECT OF PROVIDING FILES TO ODNI.—Notwithstanding any other provision of this title, an exempted operational file that is provided to the Office by an element of the intelligence community shall not be subject to the provisions of section 552 of title 5, United States Code, that require search, review, publication, or disclosure of a record solely because such element provides such exempted operational file to the Office. ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PURPOSES.—Notwith- standing subsection (a) or (b), an exempted operational file shall continue to be subject to search and review for information con- cerning any of the following: ‘‘(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on them- selves pursuant to the provisions of section 552 or 552a of title 5, United States Code. ‘‘(2) Any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5, United States Code. ‘‘(3) The specific subject matter of an investigation for any impropriety or violation of law, Executive order, or Presi- dential directive, in the conduct of an intelligence activity by any of the following: ‘‘(A) The Select Committee on Intelligence of the Senate. ‘‘(B) The Permanent Select Committee on Intelligence of the House of Representatives. ‘‘(C) The Intelligence Oversight Board. ‘‘(D) The Department of Justice. ‘‘(E) The Office of the Director of National Intelligence. ‘‘(F) The Office of the Inspector General of the Intel- ligence Community. 50 USC 432d.