103 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to final court orders or court 
orders seeking enforcement of prior final decrees issued 
on or after the date of the enactment of this Act. 
Subtitle D—Other Matters 
SEC. 631. PAYMENT OF EXPENSES TO OBTAIN PROFES-
SIONAL CREDENTIALS. 
(a) IN GENERAL.—Chapter 101 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2015. Payment of expenses for members of the 
armed forces to obtain professional cre-
dentials 
‘‘The Secretary of Defense and the Secretary of 
Homeland Security, with respect to the Coast Guard when 
it is not operating as a service in the Navy, may use appro-
priated funds, or funds otherwise available to such Sec-
retary, to pay for— 
‘‘(1) expenses for members of the armed forces 
to obtain professional credentials, including expenses 
for professional accreditation, State-imposed and 
professional licenses, and professional certification; 
and 
‘‘(2) examinations to obtain such credentials.’’.
104 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2015. Payment of expenses for members of the armed forces to obtain profes-
sional credentials.’’. 
SEC. 632. MONTHLY DISBURSEMENT TO THE STATES OF 
STATE INCOME TAX VOLUNTARILY WITH-
HELD FROM RETIRED OR RETAINED PAY. 
Section 1045(a) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘quarter’’ the first place it ap-
pears and inserting ‘‘month’’; and 
(2) by striking ‘‘during the month following 
that calendar quarter’’ and inserting ‘‘during the fol-
lowing calendar month’’. 
SEC. 633. LEAVE ACCRUAL FOR MEMBERS ASSIGNED TO A 
DEPLOYABLE SHIP OR MOBILE UNIT OR 
OTHER DUTY. 
Subparagraph (B) of section 701(f)(1) of title 10, 
United States Code, is amended to read as follows: 
‘‘(B) This subsection applies to a member— 
‘‘(i) who serves on active duty for a continuous 
period of at least 120 days in an area in which the 
member is entitled to special pay under section 
310(a) of title 37; or
105 
‘‘(ii) who is assigned to a deployable ship or 
mobile unit or to other duty designated for the pur-
pose of this section.’’. 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—Enhanced Benefits for 
Reserves 
SEC. 701. CORRECTION TO ELIGIBILITY FOR HEALTH CARE 
PENDING ACTIVE DUTY FOLLOWING COMMIS-
SIONING. 
Clause (iii) of section 1074(a)(2)(B) of title 10, 
United States Code, is amended by inserting before the 
semicolon the following: ‘‘, or the member has been issued 
orders but has not entered active duty’’. 
Subtitle B—Other Benefits 
Improvements 
SEC. 711. AUTHORITY TO RELOCATE PATIENT SAFETY CEN-
TER; RENAMING MEDTEAMS PROGRAM. 
(a) REPEAL OF REQUIREMENT TO LOCATE THE DE-
PARTMENT
OF
DEFENSE
PATIENT
SAFETY
CENTER 
WITHIN THE ARMED FORCES INSTITUTE OF PATHOL-
OGY.—Subsection (c)(3) of section 754 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal 
Year 2001 (Public Law 106–398; 114 Stat. 1654A–196)
106 
is amended by striking ‘‘within the Armed Forces Institute 
of Pathology’’. 
(b) RENAMING MEDTEAMS PROGRAM.—Subsection 
(d) of such section is amended by striking ‘‘MEDTEAMS’’ 
in the heading and inserting ‘‘MEDICAL TEAM TRAINING’’. 
Subtitle C—Planning, 
Programming, and Management 
SEC. 721. MODIFICATION OF HEALTH CARE QUALITY IN-
FORMATION AND TECHNOLOGY ENHANCE-
MENT REPORTING REQUIREMENT. 
Section 723(e) of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 
697) is amended by striking paragraphs (1) through (4) 
and inserting the following: 
‘‘(1) Quality measures, including structure, 
process and outcomes. 
‘‘(2) Population health. 
‘‘(3) Patient safety. 
‘‘(4) Patient satisfaction. 
‘‘(5) The extent of use of evidence-based prac-
tices. 
‘‘(6) Biosurveillance.’’.
107 
Subtitle D—Medical Readiness 
Tracking and Health Surveillance 
SEC. 731. REVISION OF REQUIREMENTS FOR PHYSICAL EX-
AMINATIONS AND CERTIFICATES OF PHYS-
ICAL CONDITION FOR MEMBERS OF THE SE-
LECTED RESERVE. 
Subsection (a) of section 10206 of title 10, United 
States Code, is amended— 
(1) in paragraph (1), by striking ‘‘examined’’ 
and all that follows through ‘‘necessary’’ and insert-
ing ‘‘provided a periodic health assessment on a fre-
quency basis established by the Secretary con-
cerned’’; and 
(2) in paragraph (2), by striking ‘‘annually to 
the Secretary concerned’’ and inserting ‘‘to the Sec-
retary concerned, on a frequency basis established 
by the Secretary,’’.
108 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. JOINT WARFIGHTING SCIENCE AND TECHNOLOGY 
PLAN. 
(a) SUBMITTAL
OF
THE
JOINT
WARFIGHTING 
SCIENCE AND TECHNOLOGY PLAN.—Section 270 of the 
National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104–201; 110 Stat. 2469; 10 U.S.C. 2501 
note), as amended by sections 242 and 1067 of the Na-
tional Defense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 113 Stat. 551, 774), is amended— 
(1) by striking ‘‘(a) Annual’’ and inserting ‘‘Bi-
ennial’’; and 
(2) by striking ‘‘On March 1 of each year’’ and 
inserting ‘‘By March 1, 2006, and biennially there-
after,’’. 
(b) TECHNOLOGY AREA REVIEW AND ASSESSMENT 
SUMMARIES.—Section 270 of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 104– 
201; 110 Stat. 2469), as amended by section 242 of the 
National Defense Authorization Act for Fiscal Year 2000
109 
(Public Law 106–65; 113 Stat. 551), is further amended 
by striking subsection (b). 
SEC. 802. MAKING THE STATUTORY EXECUTIVE COMPENSA-
TION CAP PROSPECTIVE FROM THE DATE OF 
THE LEGISLATION. 
Section 808(e)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (Public Law 105–85; 111 
Stat. 1838), is amended by striking ‘‘before, on,’’ and in-
serting ‘‘on’’. 
SEC. 803. CLARIFICATION OF RAPID ACQUISITION AUTHOR-
ITY TO RESPOND TO COMBAT EMERGENCIES. 
Section 806 of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003 (Public Law 107– 
314; 116 Stat. 2607; 10 U.S.C. 2302 note), as amended 
by section 811 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108– 
375; 118 Stat. 2012), is further amended— 
(1) in subsection (c)— 
(A) by inserting ‘‘or services’’ after ‘‘equip-
ment’’ each place it appears; 
(B) by striking ‘‘combat capability’’ each 
place it appears; 
(C) by striking ‘‘fatalities’’ each place it 
appears and inserting ‘‘casualties’’;
110 
(D) in paragraph (1), by inserting ‘‘below 
the Under Secretary of Defense (Acquisition, 
Technology and Logistics)’’ after ‘‘delegation’’; 
and. 
(E) by striking paragraph (4) and insert-
ing the following: 
‘‘(4) The Secretary of Defense shall notify the 
congressional defense committees within 15 days 
after the end of each quarter of the fiscal year with 
regard to each determination made under paragraph 
(1) during that quarter. For each determination, 
such notice shall identify— 
‘‘(A) the equipment and services being ac-
quired; 
‘‘(B) the amount being expended for each 
acquisition; and 
‘‘(C) the source of funds for each acquisi-
tion.’’; and 
(2) in subsection (d)(1)— 
(A) by inserting ‘‘or services’’ after ‘‘equip-
ment’’ each place it appears; 
(B) in subparagraph (B), by striking ‘‘or’’ 
(C) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; or’’; and
111 
(D) by adding at the end the following new 
subparagraph: 
‘‘(D) domestic source and domestic content 
restrictions that would inhibit or impede the 
rapid acquisition of protective materials.’’. 
SEC. 804. CLARIFICATION OF BUY AMERICAN REQUIRE-
MENTS. 
Section 2533a of title 10, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘(h)’’ and in-
serting ‘‘(i)’’; 
(2) by redesignating subsections (f) through (j) 
as subsections (g) through (k), respectively; 
(3) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) EXCEPTION
FOR
CIVIL-MILITARY
INTEGRA-
TION.—Subsection (a) does not preclude the procurement 
of an item containing specialty metals produced outside 
the United States if: 
‘‘(1) the contractor that produced the item (or, 
alternatively, in the case of a component that con-
tains specialty metals, the producer of the compo-
nent)— 
‘‘(A) used the same production processes 
for the production of the item or component
112 
being delivered to the Department of Defense 
as it uses for similar items to be delivered to 
other customers; and 
‘‘(B) purchased an amount of domestically- 
melted specialty metals equivalent in quality 
and amount to what would have been used to 
produce the item or component for delivery to 
the Department of Defense if this exception 
were not being relied upon; 
‘‘(2) the contractor purchased the domestically- 
melted specialty metals before delivery of the item to 
the Department of Defense and after the date of the 
award of the contract; and 
‘‘(3) the contractor notifies the contracting offi-
cer before delivery of the item that it intends to rely 
upon this exception and that it has complied with, 
or will comply with, paragraphs (1) and (2) above.’’; 
and 
(4) in subsection (i) (as so redesignated), by 
adding at the end the following new sentence: ‘‘Sub-
section (a) does not apply to the procurement of cov-
ered items with textile components or materials that 
are not produced or manufactured in the United 
States if the total cost of all such textile components 
and materials is not greater than (i) the simplified
113 
acquisition threshold referred to in section 2304(g) 
of this title, or (ii) 10 percent of the total price of 
the covered items, whichever is less.’’. 
SEC. 805. INCREASE LIMITATION ON ADVANCE BILLING OF 
WORKING CAPITAL FUND CUSTOMERS. 
Section 2208(l)(3) of title 10, United States Code, 
is amended by striking ‘‘$1,000,000,000’’ and inserting 
‘‘$4,000,000,000’’. 
SEC. 806. PROCUREMENT OF SUPPLIES AND SERVICES 
FROM EXCHANGE STORES; RAISING DOLLAR 
LIMITATION. 
Subsection 2424(b) of title 10, United States Code, 
is amended by striking ‘‘$50,000’’ and inserting 
‘‘$100,000’’. 
SEC. 807. AUTHORIZATION TO ENTER INTO ACQUISITION 
AND CROSSSERVICING AGREEMENTS WITH 
REGIONAL ORGANIZATIONS OF WHICH THE 
UNITED STATES IS NOT A MEMBER. 
(a) Section 2341(1) of title 10, United States Code, 
is amended by striking ‘‘of which the United States is a 
member’’. 
(b) Section 2342(a)(1)(C) of such title is amended 
by striking ‘‘of which the United States is a member’’. 
(c) Section 2344(b)(4) of such title is amended by 
striking ‘‘of which the United States is a member’’.
114 
(d) Section 2347 of such title is repealed. 
Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 811. DEFENSE ACQUISITION WORKFORCE IMPROVE-
MENTS. 
(a) Section 1732 of title 10, United States Code, is 
amended— 
(1) in subsection (c)— 
(A) by striking ‘‘(b)(2)(A) and (b)(2)(B)’’ 
wherever it appears and inserting ‘‘(b)(1)(A) 
and (b)(1)(B)’’; and 
(B) by striking paragraph (3); and 
(2) 
in 
paragraph 
(d)(2), 
by 
striking 
‘‘(b)(2)A)(ii)’’ and inserting ‘‘(b)(1)(A)(ii)’’. 
(b) Section 1733(b)(1)(A) of such title is amended 
to read as follows: 
‘‘(A) Any acquisition position, which is re-
quired to be filled by a senior civilian employee 
or a senior commissioned officer of the Army, 
Navy, Air Force, or Marines Corps, as deter-
mined in accordance with guidelines prescribed 
by the Secretary.’’.
115 
SEC. 812. PROCUREMENT OF PERISHABLE FOOD FOR ES-
TABLISHMENTS OUTSIDE OF THE UNITED 
STATES. 
Paragraph 2533a(d)(3) of title 10, United States 
Code, is amended— 
(1) by inserting ‘‘by,’’ after ‘‘emergency pro-
curements’’; and 
(2) by inserting ‘‘, or for,’’ after ‘‘perishable 
foods by’’. 
Subtitle C—United States Defense 
Industrial Base Provisions 
SEC. 821. REVISION OF AUTHORITY TO DISPOSE OF CER-
TAIN MATERIALS IN NATIONAL DEFENSE 
STOCKPILE. 
(a) Section 3303(a) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105–261; 50 U.S.C. 98d note), as amended by sec-
tion 3302 of the Ronald W. Reagan National Defense Au-
thorization Act for Year 2005 (Public Law 108–375; 50 
U.S.C. 98d note), is amended by striking paragraph (5) 
and inserting the following new paragraph: 
‘‘(5) $970,000,000 by the end of fiscal year 2013.’’. 
(b) Section 3402(b) of the National Defense Author-
ization Act for Fiscal Year 2000 (Public Law 106–65; 113 
Stat. 972; 50 U.S.C. 98d note), as amended by section 
3302 of the National Defense Authorization Act for Fiscal
116 
Year 2004 (Public Law 108–136; 50 U.S.C. 98d note), 
is amended by striking paragraph (4) and inserting the 
following new paragraph: 
‘‘(4) $550,000,000 by the end of fiscal year 2013.’’. 
Subtitle D—Extension of 
Temporary Program Authorities 
SEC. 831. MODIFICATION OF EQUIPMENT WITHIN FIVE 
YEARS OF ITS RETIREMENT OR DISPOSAL. 
(a) IN GENERAL.—Chapter 137 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2333. Modification of equipment within five years 
of its retirement or disposal 
‘‘(a) PROHIBITION.—A military department shall not 
modify an aircraft, weapon, ship or other item of equip-
ment that the military department concerned plans to re-
tire or otherwise dispose of within 5 years after completion 
of the modification. 
‘‘(b) EXCEPTIONS.—The prohibition in subsection (a) 
shall not apply— 
‘‘(1) to safety modifications; or 
‘‘(2) when the total cost of such modification, 
including procurement, installation, and removal 
costs, does not exceed $100,000.
117 
‘‘(c) WAIVER.—The Secretary of a military depart-
ment may waive the prohibition in subsection (a) if the 
Secretary determines it is in the best national security in-
terest of the United States to provide such waiver and so 
notifies the congressional defense committees in writing.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) Section 8053 of the Department of Defense Appro-
priations Act, 1998 (Public Law 105–56; 111 Stat. 1232), 
is repealed. 
(2) The table of sections at the beginning of chapter 
137 of title 10, United States Code, is amended by adding 
at the end the following new item: 
‘‘2333. Modification of equipment within five years of its retirement or dis-
posal.’’. 
SEC. 832. AMENDMENT OF AUTHORITY TO PROVIDE LOGIS-
TICS SUPPORT AND SERVICES. 
Section 365(g)(1) of the Bob Stump National De-
fense Authorization Act for Fiscal Year 2003 (Public Law 
107–314; 116 Stat. 2520) is amended by striking ‘‘2007’’ 
and inserting ‘‘2010’’. 
Subtitle E—Other Acquisition 
Matters 
SEC. 841. PROCUREMENT OF BALL AND ROLLER BEARINGS. 
(a) LIMITATION.—Paragraph (a)(5) of section 2534 
of title 10, United States Code, is amended to read as 
follows:
118 
‘‘(5) BALL BEARINGS AND ROLLER BEARINGS.—Ball 
bearings and roller bearings or bearing components, ex-
cept ball bearings and roller bearings being procured for 
use in an end product manufactured by a manufacturer 
that does not satisfy the requirements of subsection (b) 
or in a component part manufactured by such a manufac-
turer. ‘Bearing components’ means the bearing element, 
retainer, inner race, or outer race.’’. 
(b) INAPPLICABILITY
TO CERTAIN CONTRACTS.— 
Paragraph (2) of subsection (j) of such section is amended 
to read as follows: 
‘‘(2) This section does not apply with respect to a 
contract or subcontract to purchase items described in 
subsection (a)(5) if such contract or subcontract is for the 
acquisition of commercial items, unless commercial ball 
and roller bearings are being acquired as end items.’’. 
SEC. 842. REVITALIZATION OF DEPARTMENT OF DEFENSE 
LABORATORIES. 
(a) LABORATORY REVITALIZATION.—Section 2805 of 
title 10, United States Code, is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d):
119 
‘‘(d) LABORATORY REVITALIZATION.—(1) For the 
revitalization of laboratories owned by the United States 
and under the jurisdiction of the Secretary concerned, the 
Secretary may spend from appropriations available— 
‘‘(A) for operation and maintenance amounts 
necessary to carry out an unspecified minor military 
construction 
project 
costing 
not 
more 
than 
$1,500,000; or 
‘‘(B) for military construction not otherwise au-
thorized by law amounts necessary to carry out an 
unspecified minor military construction project cost-
ing not more than $3,000,000. 
‘‘(2) For projects conducted pursuant to this sub-
section, $1,500,000 shall be the amount applied for pur-
poses of subsection (b)(1). 
‘‘(3) For purposes of this subsection, a laboratory in-
cludes— 
‘‘(A) a research, engineering, and development 
center; 
‘‘(B) a test and evaluation activity; and 
‘‘(C) any buildings, structures, or facilities lo-
cated at and supporting such centers or activities.’’. 
(b) STYLISTIC AND CLERICAL AMENDMENTS.—Such 
section is further amended—
120 
(1) in subsection (a), by inserting ‘‘Military 
Construction Funding.—’’ after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘Notifica-
tions.—’’ after ‘‘(b)’’; 
(3) in subsection (c), by inserting ‘‘Operation 
and Maintenance Funding.—’’ after ‘‘(c)’’; and 
(4) in subsection (e), as redesignated by sub-
section (a) of this section, by inserting ‘‘Limita-
tions.—’’ after ‘‘(e)’’. 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Intelligence-Related 
Matters 
SEC. 901. OPERATIONAL FILES OF THE DEFENSE INTEL-
LIGENCE AGENCY. 
(a) PROTECTION OF OPERATIONAL FILES OF DE-
FENSE INTELLIGENCE AGENCY.—Title I of the National 
Security Act of 1947 (50 U.S.C. 401 et. seq.) is amended 
by inserting after section 705 the following new section: 
‘‘§ 706. Operational files of the Defense Intelligence 
Agency 
‘‘(a) EXEMPTION OF OPERATIONAL FILES.—The Di-
rector of the Defense Intelligence Agency, in coordination 
with the Director of National Intelligence, may exempt
121 
operational files of the Defense Intelligence Agency from 
the provisions of section 552 of title 5, United States 
Code, which require publication, disclosure, search, or re-
view in connection therewith. 
‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this 
section, the term ‘operational files’ means: 
‘‘(A) files of the Directorate of Human Intel-
ligence of the Defense Intelligence Agency (and any 
successor organization of that directorate) that doc-
ument the conduct of foreign intelligence or counter-
intelligence operations or intelligence or security liai-
son arrangements or information exchanges with for-
eign 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 counterintel-
ligence is collected through technical systems. 
‘‘(2) Files that are the sole repository of dis-
seminated intelligence are not operational files. 
‘‘(c) SEARCH
AND REVIEW
FOR INFORMATION.— 
Notwithstanding subsection (a) of this section, exempted 
operational files shall continue to be subject to search and 
review for information concerning:
122 
‘‘(1) United States citizens or aliens lawfully 
admitted for permanent residence who have re-
quested 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 investiga-
tion by any of the following for any impropriety, or 
violation of law, Executive Order, or Presidential di-
rective, in the conduct of an intelligence activity: 
‘‘(A) The Committee on Armed Services 
and the Permanent Select Committee on Intel-
ligence 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 Intel-
ligence Agency.
123 
‘‘(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 De-
fense Intelligence Agency. 
‘‘(d) INFORMATION DERIVED
OR DISSEMINATED 
FROM EXEMPTED OPERATIONAL FILES.—(1) Files that 
are not exempted under subsection (a) of this section 
which 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 sub-
section (a) of this section shall not affect the exemption 
under subsection (a) of this section of the originating 
operational files from search, review, publication, or dis-
closure. 
‘‘(3) Records from exempted operational files that 
have been disseminated to and referenced in files that are 
not exempted under subsection (a) of this section and that 
have been returned to exempted operational files for sole 
retention shall be subject to search and review. 
‘‘(e) ALLEGATION; IMPROPER
WITHOLDING
OF 
RECORDS; JUDICIAL REVIEW.—(1) Except as provided in 
paragraph (2), whenever any person who has requested
124 
agency records under section 552 of title 5, alleges that 
the Defense Intelligence Agency has withheld records im-
properly 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. 
‘‘(2) Judicial review shall not be available in the man-
ner provided under paragraph (1) as follows: 
‘‘(A) In any case in which information specifi-
cally authorized under criteria established by an Ex-
ecutive order to be kept secret in the interest of na-
tional defense or foreign relations which is filed 
with, or produced for, the court by the Defense In-
telligence Agency, such information shall be exam-
ined ex parte, in camera by the court. 
‘‘(B) The court shall determine, to the fullest 
extent practicable, determine issues of fact based on 
sworn written submissions of the parties. 
‘‘(C) When a complaint alleges that requested 
records were improperly withheld because of im-
proper placement solely in exempted operational 
files, the complainant shall support such allegation 
with a sworn written submission based upon per-
sonal knowledge or otherwise admissible evidence.
125 
‘‘(D)(i) When a complainant alleges that re-
quested records were improperly withheld because of 
improper exemption of operational files, the Defense 
Intelligence Agency shall meet its burden under sec-
tion 552(a)(4)(B) of title 5, United States Code, by 
demonstrating to the court by sworn written submis-
sion that exempted operational files likely to contain 
responsible records currently perform the functions 
set forth in subsection (b). 
‘‘(ii) The court may not order the Defense In-
telligence Agency to review the content of any ex-
empted operational file or files in order to make the 
demonstration required under clause (i) of this para-
graph, unless the complainant disputes the Defense 
Intelligence Agency’s showing with a sworn written 
submission based on personal knowledge or other-
wise admissible evidence. 
‘‘(E) In proceedings under subparagraphs (C) 
and (D), the parties shall not obtain discovery pur-
suant to rules 26 through 36 of the Federal Rules 
of Civil Procedure, except that requests for admis-
sion may be made pursuant to rules 26 and 36. 
‘‘(F) If the court finds under this subsection 
that the Defense Intelligence Agency has improperly 
withheld requested records because of failure to com-
126 
ply with any provision of this subsection, the court 
shall order the Defense 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, and such order shall be the exclusive 
remedy for failure to comply with this section (other 
than subsection(g)). 
‘‘(G) If at any time following the filing of a 
complaint pursuant to this subsection the Defense 
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. 
‘‘(H) Any information filed with, or produced 
for the court pursuant to subparagraphs (A) and 
(D) shall be coordinated with the Director of Na-
tional Intelligence before submission to the court. 
‘‘(f) DECENNIAL REVIEW
OF EXEMPTED OPER-
ATIONAL FILES.—(1) Not less than once every ten years, 
the Director of the Defense Intelligence Agency and the 
Director of National Intelligence shall review the exemp-
tions in force under subsection (a) to determine whether 
such exemptions may be removed from a category of ex-