Page:United States Statutes at Large Volume 119.djvu/3432

 119 STAT. 3414

PUBLIC LAW 109–163—JAN. 6, 2006

of that directorate) that document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services; and ‘‘(B) files of the Directorate of Technology of the Defense Intelligence Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through technical systems. ‘‘(2) Files that are the sole repository of disseminated intelligence are not operational files. ‘‘(c) SEARCH AND REVIEW FOR INFORMATION.—Notwithstanding subsection (a), exempted operational files shall continue to be subject to search and review for information concerning: ‘‘(1) United States citizens or aliens lawfully 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. ‘‘(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 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 Department of Defense or of the Defense Intelligence Agency. ‘‘(F) The Office of Inspector General of the Department of Defense or of the Defense Intelligence Agency. ‘‘(G) The Office of the Director of the Defense Intelligence 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 an exempted operational file 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.

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