
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC431]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
      SUBCHAPTER V--PROTECTION OF OPERATIONAL FILES OF THE CENTRAL 
                           INTELLIGENCE AGENCY
 
Sec. 431. Exemption of certain operational files from search, 
        review, publication, or disclosure
        

(a) Exemption by Director of Central Intelligence

    Operational files of the Central Intelligence Agency may be exempted 
by the Director of Central Intelligence from the provisions of section 
552 of title 5 (Freedom of Information Act) which require publication or 
disclosure, or search or review in connection therewith.

(b) ``Operational files'' defined

    For the purposes of this title the term ``operational files'' 
means--
        (1) files of the Directorate of Operations which 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;
        (2) files of the Directorate for Science and Technology which 
    document the means by which foreign intelligence or 
    counterintelligence is collected through scientific and technical 
    systems; and
        (3) files of the Office of Personnel Security which document 
    investigations conducted to determine the suitability of potential 
    foreign intelligence or counterintelligence sources;

except that files which are the sole repository of disseminated 
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--
        (1) United States citizens or aliens lawfully admitted for 
    permanent residence who have requested information on themselves 
    pursuant to the provisions of section 552 of title 5 (Freedom of 
    Information Act) or section 552a of title 5 (Privacy Act of 1974);
        (2) any special activity the existence of which is not exempt 
    from disclosure under the provisions of section 552 of title 5 
    (Freedom of Information Act); or
        (3) the specific subject matter of an investigation by the 
    intelligence committees of the Congress, the Intelligence Oversight 
    Board, the Department of Justice, the Office of General Counsel of 
    the Central Intelligence Agency, the Office of Inspector General of 
    the Central Intelligence Agency, or the Office of the Director of 
    Central Intelligence for any impropriety, or violation of law, 
    Executive order, or Presidential directive, in the conduct of an 
    intelligence activity.

(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 subsection (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 
disclosure.
    (3) Records from exempted operational files which have been 
disseminated to and referenced in files that are not exempted under 
subsection (a) of this section and which have been returned to exempted 
operational files for sole retention shall be subject to search and 
review.

(e) Supersedure of prior law

    The provisions of subsection (a) of this section shall not be 
superseded except by a provision of law which is enacted after October 
15, 1984, and which specifically cites and repeals or modifies its 
provisions.

(f) Allegation; improper withholding of records; judicial review

    Whenever any person who has requested agency records under section 
552 of title 5 (Freedom of Information Act), alleges that the Central 
Intelligence Agency has improperly withheld records 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, 
except that--
        (1) in any case in which information specifically authorized 
    under criteria established by an Executive order to be kept secret 
    in the interest of national defense or foreign relations which is 
    filed with, or produced for, the court by the Central Intelligence 
    Agency, such information shall be examined ex parte, in camera by 
    the court;
        (2) the court shall, to the fullest extent practicable, 
    determine issues of fact based on sworn written submissions of the 
    parties;
        (3) when a complaint alleges that requested records were 
    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 knowledge or 
    otherwise admissible evidence;
        (4)(A) when a complainant alleges that requested records were 
    improperly withheld because of improper exemption of operational 
    files, the Central Intelligence Agency shall meet its burden under 
    section 552(a)(4)(B) of title 5 by demonstrating to the court by 
    sworn written submission that exempted operational files likely to 
    contain responsive records currently perform the functions set forth 
    in subsection (b) of this section; and
        (B) the court may not order the Central Intelligence Agency to 
    review the content of any exempted operational file or files in 
    order to make the demonstration required under subparagraph (A) of 
    this paragraph, unless the complainant disputes the Central 
    Intelligence Agency's showing with a sworn written 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 
    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 (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.

(July 26, 1947, ch. 343, title VII, Sec. 701, as added Pub. L. 98-477, 
Sec. 2(a), Oct. 15, 1984, 98 Stat. 2209; amended Pub. L. 104-93, title 
VII, Sec. 702, Jan. 6, 1996, 109 Stat. 978.)

                       References in Text

    The Federal Rules of Civil Procedure, referred to in subsec. (f)(5), 
are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.


                               Amendments

    1996--Subsec. (b)(3). Pub. L. 104-93 substituted ``Office of 
Personnel Security'' for ``Office of Security''.


                             Effective Date

    Section 4 of Pub. L. 98-477 provided that: ``The amendments made by 
subsections (a) and (b) of section 2 [enacting this subchapter and 
amending section 552a of Title 5, Government Organization and Employees] 
shall be effective upon enactment of this Act [Oct. 15, 1984] and shall 
apply with respect to any requests for records, whether or not such 
request was made prior to such enactment, and shall apply to all civil 
actions not commenced prior to February 7, 1984.''

                  Section Referred to in Other Sections

    This section is referred to in section 432 of this title; title 10 
section 457.
