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‘‘(A) In any case in which information specifi-
cally authorized under criteria established by an Ex-
ecutive order to be kept secret in the interests of na-
tional defense or foreign relations is filed with, or
produced for, the court by the Office of the Director
of National Intelligence, such information shall be ex-
amined ex parte, in camera by the court.
‘‘(B) The court shall determine, to the fullest ex-
tent practicable, the issues of fact based on sworn
written submissions of the parties.
‘‘(C) When a complainant alleges that requested
records are improperly withheld because of improper
placement solely in exempted operational files, the
complainant shall support such allegation with a
sworn written submission based upon personal knowl-
edge or otherwise admissible evidence.
‘‘(D)(i) When a complainant alleges that re-
quested records were improperly withheld because of
improper exemption of operational files, the Office of
the Director of National Intelligence shall meet its
burden under section 552(a)(4)(B) of title 5, United
States Code, by demonstrating to the court by sworn
written submission that exempted operational files
likely to contain responsive records currently meet the
criteria set forth in subsection.
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‘‘(ii) The court may not order the Office of the
Director of National Intelligence to review the content
of any exempted operational file or files in order to
make the demonstration required under clause (i), un-
less the complainant disputes the Office’s showing
with a sworn written submission based on personal
knowledge or otherwise admissible evidence.
‘‘(E) In proceedings under subparagraphs (C)
and (D), the parties may not obtain discovery pursu-
ant 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.
‘‘(F) If the court finds under this subsection that
the Office of the Director of National Intelligence has
improperly withheld requested records because of fail-
ure to comply with any provision of this section, the
court shall order the Office 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, and such
order shall be the exclusive remedy for failure to com-
ply with this section.
‘‘(G) If at any time following the filing of a com-
plaint pursuant to this paragraph the Office of the
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Director of National Intelligence agrees to search the
appropriate exempted operational file or files for the
requested records, the court shall dismiss the claim
based upon such complaint.’’.
(b) CLERICAL AMENDMENT.—The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 705
the following new item:
‘‘Sec. 706. Operational files in the Office of the Director of National Intel-
ligence.’’.
SEC. 414. REPEAL OF CERTAIN AUTHORITIES RELATING TO
THE OFFICE OF THE NATIONAL COUNTER-IN-
TELLIGENCE EXECUTIVE.
(a) REPEAL OF CERTAIN AUTHORITIES.—Section 904
of the Counterintelligence Enhancement Act of 2002 (title
IX of Public Law 107–306; 50 U.S.C. 402c) is amended—
(1) by striking subsections (d), (h), (i), and (j);
and
(2) by redesignating subsections (e), (f), (g), (k),
(l), and (m) as subsections (d), (e), (f), (g), (h), and
(i), respectively; and
(3) in subsection (f), as redesignated by para-
graph (2), by striking paragraphs (3) and (4).
(b) CONFORMING AMENDMENTS.—That section is fur-
ther amended—
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(1) in subsection (d), as redesignated by sub-
section (a)(2) of this section, by striking ‘‘subsection
(f)’’ each place it appears in paragraphs (1) and (2)
and inserting ‘‘subsection (e)’’; and
(2) in subsection (e), as so redesignated—
(A) in paragraph (1), by striking ‘‘sub-
section (e)(1)’’ and inserting ‘‘subsection (d)(1)’’;
and
(B) in paragraph (2), by striking ‘‘sub-
section (e)(2)’’ and inserting ‘‘subsection (d)(2)’’.
SEC. 415. INAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT TO ADVISORY COMMITTEES OF
THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 4(b) of the Federal Advisory Committee Act
(5 U.S.C. App.) is amended—
(1) in paragraph (1), by striking ‘‘or’’;
(2) in paragraph (2), by striking the period and
inserting ‘‘; or’’; and
(3) by adding at the end the following new para-
graph:
‘‘(3) the Office of the Director of National Intel-
ligence.’’.
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SEC. 416. MEMBERSHIP OF THE DIRECTOR OF NATIONAL
INTELLIGENCE ON THE TRANSPORTATION
SECURITY OVERSIGHT BOARD.
Subparagraph (F) of section 115(b)(1) of title 49,
United States Code, is amended to read as follows:
‘‘(F) The Director of National Intelligence,
or the Director’s designee.’’.
SEC. 417. APPLICABILITY OF THE PRIVACY ACT TO THE DI-
RECTOR OF NATIONAL INTELLIGENCE AND
THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Subsection (j) of section 552a of title 5, United States
Code, is amended—
(1) in paragraph (1), by striking ‘‘or’’ at the
end;
(2) by redesignating paragraph (2) as para-
graph (3); and
(3) by inserting after paragraph (1) the fol-
lowing new paragraph:
‘‘(2) maintained by the Office of the Director of
National Intelligence; or’’.