§ 3143. Operational files of the National Reconnaissance Office

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1947

   Pub. L. 107–306 title V § 502(a) · 116 Stat. 2383

   Enacted · 50 U.S.C. § 3143

   July 26, 1947, ch. 343, title VII, § 703, formerly title I, § 105D, as added Pub. L. 107–306, title V, § 502(a), Nov. 27, 2002, 116 Stat. 2405

   Source evidence

   Code source credit
   July 26, 1947, ch. 343, title VII, § 703, formerly title I, § 105D, as added Pub. L. 107–306, title V, § 502(a), Nov. 27, 2002, 116 Stat. 2405

   Enacted provision · exact public law section
   (a) In General.— Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 105C (50 U.S.C. 403–5c) the following new section: “PROTECTION OF OPERATIONAL FILES OF THE NATIONAL RECONNAISSANCE OFFICE ”SEC. 105D. (a) Exemption Of Certain Operational Files From Search, Review, Publication, or Disclosure.— (1) 50 USC 403–5e. The Director of the National Reconnaissance Office, with the coordination of the Director of Central Intelligence, may exempt operational files of the National Reconnaissance Office from the provisions of section 552 of title 5, United States Code, which require publication, disclosure, search, or review in connection therewith. “(2) (A) Subject to subparagraph (B), for the purposes of this section, the term ‘operational files’ means files of the National Reconnaissance Office (hereafter in this section referred to as ‘NRO’) that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems. “(B) Files which are the sole repository of disseminated intelligence are not operational files. “(3) Notwithstanding paragraph (1), exempted operational files shall continue to be subject to search and review for information concerning— “(A) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title 5, United States Code; “(B) any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5, United States Code; or “(C) the specific subject matter of an investigation by any of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity: “(i) The Permanent Select Committee on Intelligence of the House of Representatives. “(ii) The Select Committee on Intelligence of the Senate. “(iii) The Intelligence Oversight Board. “(iv) The Department of Justice. “(v) The Office of General Counsel of NRO. “(vi) The Office of the Director of NRO. “(4) (A) Files that are not exempted under paragraph (1) which contain information derived or disseminated from exempted operational files shall be subject to search and review. “(B) The inclusion of information from exempted operational files in files that are not exempted under paragraph (1) shall not affect the exemption under paragraph (1) of the originating operational files from search, review, publication, or disclosure. “(C) The declassification of some of the information contained in exempted operational files shall not affect the status of the operational file as being exempt from search, review, publication, or disclosure. “(D) Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under paragraph (1) and which have been returned to exempted operational files for sole retention shall be subject to search and review. “(5) The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after the date of the enactment of this section, and which specifically cites and repeals or modifies its provisions. “(6) (A) Except as provided in subparagraph (B), whenever any person who has requested agency records under section 552 of title 5, United States Code, alleges that NRO has withheld records improperly 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. “(B) Judicial review shall not be available in the manner provided for under subparagraph (A) as follows: “(i) In any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by NRO, such information shall be examined ex parte, in camera by the court. “(ii) The court shall, to the fullest extent practicable, determine the issues of fact based on sworn written submissions of the parties. “(iii) 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 knowledge or otherwise admissible evidence. “(iv) (I) When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, NRO 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 responsible records currently perform the functions set forth in paragraph (2). “(II) The court may not order NRO to review the content of any exempted operational file or files in order to make the demonstration required under subclause (I), unless the complainant disputes NRO’s showing with a sworn written submission based on personal knowledge or otherwise admissible evidence. “(v) In proceedings under clauses (iii) and (iv), the parties 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. “(vi) If the court finds under this paragraph that NRO has improperly withheld requested records because of failure to comply with any provision of this subsection, the court shall order NRO 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 subsection. “(vii) If at any time following the filing of a complaint pursuant to this paragraph NRO agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint. “(viii) Any information filed with, or produced for the court pursuant to clauses (i) and (iv) shall be coordinated with the Director of Central Intelligence prior to submission to the court. “(b) Decennial Review of Exempted Operational Files.— (1) Not less than once every 10 years, the Director of the National Reconnaissance Office and the Director of Central Intelligence shall review the exemptions in force under subsection (a)(1) to determine whether such exemptions may be removed from the category of exempted files or any portion thereof. The Director of Central Intelligence must approve any determination to remove such exemptions. “(2) The review required by paragraph (1) 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. “(3) A complainant that alleges that NRO has improperly withheld records because of failure to comply with this subsection 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 Columbia. In such a proceeding, the court’s review shall be limited to determining the following: “(A) Whether NRO has conducted the review required by paragraph (1) before the expiration of the 10-year period beginning on the date of the enactment of this section or before the expiration of the 10-year period beginning on the date of the most recent review. “(B) Whether NRO, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.”.

2. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title IX § 922(c) · 117 Stat. 1392

   Substituted · 50 U.S.C. § 3143

   Pub. L. 108–136 substituted “Operational files of the National Reconnaissance Office” for “Protection of operational files of the National Reconnaissance Office” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 108–136 substituted “Operational files of the National Reconnaissance Office” for “Protection of operational files of the National Reconnaissance Office” in section catchline.

   Enacted provision · exact public law section
   (c) Consolidation of Current Provisions on Protection of Operational Files of Certain Other Intelligence Agencies.— The National Security Act of 1947 (50 U.S.C. 401 et seq.) is further amended— (1) by transferring section 105C (50 U.S.C. 403–5c), as amended by section 921(e)(4), and section 105D (50 U.S.C. 403–5e) to title VII of that Act and inserting them after section 701, as amended by subsection (b); and (2) by redesignating those sections, as so transferred, as sections 702 and 703, respectively.

3. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title X § 1084(j) · 118 Stat. 1811

   Substituted · 50 U.S.C. § 3143(a)(6)(B)(iv)(I)

   Pub. L. 108–375 substituted “responsive records” for “responsible records”

   Source evidence

   Code amendment note
   Subsec. (a)(6)(B)(iv)(I). Pub. L. 108–375 substituted “responsive records” for “responsible records”.

   Enacted provision · exact public law section
   (j) National Security Act of 1947.— Sections 702(a)(6)(B)(iv)(I), 703(a)(6)(B)(iv)(I), and 704(f)(2)(D)(i) of the National Security Act of 1947 are 50 USC 432, 432a, 432b. amended by striking “responsible records” and inserting “responsive records”.

4. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1071(a)(1)(GG) · 118 Stat. 3638

   Substituted · 50 U.S.C. § 3143(a)(1)

   Pub. L. 108–458, § 1071(a)(1)(GG), substituted “Director of National Intelligence” for “Director of Central Intelligence”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(GG), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

   Enacted provision · exact public law section
   (GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).

   Effective date note
   For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

5. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1071(a)(1)(HH) · 118 Stat. 3638

   Substituted · 50 U.S.C. § 3143(a)(6)(B)(viii)

   Pub. L. 108–458, § 1071(a)(1)(HH), substituted “Director of National Intelligence” for “Director of Central Intelligence”

   Source evidence

   Code amendment note
   Subsec. (a)(6)(B)(viii). Pub. L. 108–458, § 1071(a)(1)(HH), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

   Enacted provision · exact public law section
   (HH) Section 703(a)(6)(B)(viii) (50 U.S.C. 432a(a)(6)(B)(viii)).

   Effective date note
   For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

6. 2004

   National Security Intelligence Reform Act of 2004

   Pub. L. 108–458 § 1071(a)(1)(II) · 118 Stat. 3638

   Substituted · 50 U.S.C. § 3143(b)(1)

   Pub. L. 108–458, § 1071(a)(1)(II), substituted “Director of National Intelligence” for “Director of Central Intelligence” in two places

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 108–458, § 1071(a)(1)(II), substituted “Director of National Intelligence” for “Director of Central Intelligence” in two places.

   Enacted provision · exact public law section
   (II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places it appears.

   Effective date note
   For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

7. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title IX § 933(b)(2) · 119 Stat. 3136

   Added · 50 U.S.C. § 3143(a)(3)(C)(vii)

   Pub. L. 109–163 added cl. (vii)

   Source evidence

   Code amendment note
   Subsec. (a)(3)(C)(vii). Pub. L. 109–163 added cl. (vii).

   Enacted provision · exact public law section
   (2) in section 703(a)(3)(C) (50 U.S.C. 432a(a)(3)(C)), by adding at the end the following new clause: “(vii) The Office of the Inspector General of the NRO.” ; and

7 of 7 references resolved to an enrolled provision