Page:United States Statutes at Large Volume 113 Part 3.djvu/99

 PUBLIC LAW 106-120—DEC. 3, 1999 113 STAT. 1617 establishment of NIMA were performed by the National Photographic Interpretation Center of the Central Intelligence Agency (NPIC), that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems. "(B) Files which are the sole repository of disseminated intelligence are not operational files. "(3) Notwithstanding paragraph (1), exempted operational files shall continue to be subject to search and review for information concerning— "(A) United States citizens or aliens ][awfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title 5, United States Code; "(B) any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5, United States Code; or "(C) 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: "(i) The Permanent Select Committee on Intelligence of the House of Representatives. "(ii) The Select Committee on Intelligence of the Senate. "(iii) The Intelligence Oversight Board, "(iv) The Department of Justice, "(v) The Office of General Counsel of NIMA. "(vi) The Office of the Director of NIMA. "(4)(A) Files that are not exempted under paragraph (1) which contain information derived or disseminated from exempted operational files shall be subject to search and revi<jw. "(B) The inclusion of information from exempted operational files in files that are not exempted under paragraph (1) shall not affect the exemption under paragraph (1) of the originating operational files from search, review, publication, or disclosure. "(C) Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under paragraph (1) and which have been ]'etumed to exempted operational files for sole retention shall be subject to search and review. "(5) The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after the date of the enactment of this section, and which specifically cites and repeals or modifies its provisions. "(6)(A) Except as provided in subparagraph (B), whenever any person who has requested agency records under section 552 of title 5, United States Code, alleges that NIM^fi 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. "(B) Judicial review shall not be available in the manner provided for under subparagraph (A) as follows: "(i) 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

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