Page:United States Statutes at Large Volume 98 Part 2.djvu/1051

 PUBLIC LAW 98-477—OCT. 15, 1984

98 STAT. 2211

submission based on personal knowledge or otherwise admissible evidence; "(5) in proceedings under paragraphs (3) and (4) of this subsection, the parties shall not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that 28 USC app. requests for admission may be made pursuant to rules 26 and 36; "(6) if the court finds under this subsection that the Central Intelligence Agency has improperly withheld requested records because of failure to comply with any provision of this section, the court shall order the Central Intelligence Agency to search and review the appropriate exempted operational file or files 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 (Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with this section; and "(7) if at any time following the filing of a complaint pursuant to this subsection the Central Intelligence Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint. "DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES

"SEC. 702. (a) Not less than once every ten years, the Director of Central Intelligence shall review the exemptions in force under subsection (a) of section 701 of this Act to determine whether such exemptions may be removed from any cat^ory of exempted files or any portion thereof. '(b) The review required by subsection (a) of this section shall include consideration 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. "(c) A complainant who alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with this section 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 C!olumbia. In such a proceeding, the court's review shall be limited to determining (1) whether the Central Intelligence Agency has conducted the review required by subsection (a) of this section within ten years of enactment of this title or within ten years after the last review, and (2) whether the Central Intelligence Agency, in fact, considered the criteria set forth in subsection (b) of this section in conducting the required review.". (b) The table of contents at the beginning of such Act is amended by adding at the end thereof the following: "TITLE VN—PROTECTION OF OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY "Sec. 701. Exemption of certain operational flies from search, review, publication, or disclosure. "Sec. 702. Decennial review of exempted operational files.".

(c) Subsection (q) of section 552a of title 5, United States C!ode, is amended— (1) by inserting "(1)" after "(q)"; and

50 USC 432. Ante, p. 2209.

eourts, U.S.

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