Page:United States Statutes at Large Volume 124.djvu/2750

 124 STAT. 2724 PUBLIC LAW 111–259—OCT. 7, 2010 ‘‘(ii) The court may not order the Office to review the content of any exempted file in order to make the demonstration required under clause (i), unless the complainant disputes the Office’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence. ‘‘(D) In proceedings under subparagraph (C), a party may not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that requests for admissions may be made pursuant to rules 26 and 36 of the Federal Rules of Civil Procedure. ‘‘(E) If the court finds under this subsection that the Office has improperly withheld requested records because of failure to comply with any provision of this section, the court shall order the Office to search and review each appropriate exempted file for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with this section. ‘‘(F) If at any time following the filing of a complaint pursuant to this paragraph the Office agrees to search each appropriate exempted file for the requested records, the court shall dismiss the claim based upon such complaint. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) The term ‘exempted operational file’ means a file of an element of the intelligence community that, in accordance with this title, is exempted from the provisions of section 552 of title 5, United States Code, that require search, review, publication, or disclosure of such file. ‘‘(2) Except as otherwise specifically provided, the term ‘Office’ means the Office of the Director of National Intel- ligence.’’. (b) TABLE OF CONTENTS AMENDMENT.—The table of contents in the first section of the National Security Act of 1947, as amended by section 406(b) of this Act, is further amended by inserting after the item relating to section 705 the following new item: ‘‘Sec. 706. Protection of certain files of the Office of the Director of National Intel- ligence.’’. SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE INTEL- LIGENCE COMMUNITY. Section 1102 of the National Security Act of 1947 (50 U.S.C. 442a) is amended— (1) in subsection (a)— (A) by striking paragraph (2); and (B) by striking ‘‘(1) In’’ and inserting ‘‘In’’; and (2) in subsection (c)— (A) by striking paragraph (2); and (B) by striking ‘‘(1) The’’ and inserting ‘‘The’’. SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO ADVISORY COMMITTEES OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (a) IN GENERAL.—Section 4(b) of the Federal Advisory Com- mittee Act (5 U.S.C. App.) is amended— (1) in paragraph (1), by striking ‘‘or’’;