Page:United States Statutes at Large Volume 124.djvu/2749

124 STAT. 2723 PUBLIC LAW 111–259—OCT. 7, 2010 ‘‘(d) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.— (1) Not less than once every 10 years, the Director of National Intelligence shall review the exemptions in force under subsection (a) to determine whether such exemptions may be removed from any category of exempted files or any portion thereof. ‘‘(2) The review required by paragraph (1) shall include consid- eration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein. ‘‘(3) A complainant that alleges that the Director of National Intelligence has improperly withheld records because of failure to comply with this subsection may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court’s review shall be limited to determining the following: ‘‘(A) Whether the Director has conducted the review required by paragraph (1) before the expiration of the 10- year period beginning on the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2010 or before the expiration of the 10-year period beginning on the date of the most recent review. ‘‘(B) Whether the Director of National Intelligence, in fact, considered the criteria set forth in paragraph (2) in conducting the required review. ‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provisions of this section may not be superseded except by a provision of law that is enacted after the date of the enactment of this section and that specifically cites and repeals or modifies such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), when- ever any person who has requested agency records under section 552 of title 5, United States Code, alleges that the Office 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 pro- vided for under paragraph (1) as follows: ‘‘(A) In any case in which information specifically author- ized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign rela- tions is filed with, or produced for, the court by the Office, such information shall be examined ex parte, in camera by the court. ‘‘(B) The court shall determine, to the fullest extent prac- ticable, the issues of fact based on sworn written submissions of the parties. ‘‘(C)(i) When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the Office may meet the burden of the Office under section 552(a)(4)(B) of title 5, United States Code, by demonstrating to the court by sworn written submission that exempted files likely to contain responsive records are records provided to the Office by an element of the intelligence commu- nity from the exempted operational files of such element.