国会纪录：2003年11月6日（房屋）关于2004年财政年度大会报告的国防授权法案（H. Rept.108-354）的国防授权法案[摘录][...]秒。922。保护国家安全机构的运营档案。[...]秒。1041。防御抵抗智能码头计划权限的编纂与修订。[...]秒。1442。公开披露伊拉克基础设施重建的非竞争性契约。[...]秒。922.保护国家安全机构的运营档案。(a) Protection of Operational Files of NSA.--Title VII of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following new section: "operational files of the national security agency "Sec. 704. (a) Exemption of Certain Operational Files From Search, Review, Publication, or Disclosure.--The Director of the National Security Agency, in coordination with the Director of Central Intelligence, may exempt operational files of the National Security Agency from the provisions of section 552 of title 5, United States Code, which require publication, disclosure, search, or review in connection therewith. "(b) Operational Files Defined.--(1) In this section, the term `operational files' means-- "(A) files of the Signals Intelligence Directorate of the National Security Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through technical systems; and "(B) files of the Research Associate Directorate of the National Security Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems. "(2) Files that are the sole repository of disseminated intelligence, and files that have been accessioned into the National Security Agency Archives (or any successor organization) are not operational files. "(c) Search and Review for Information.--Notwithstanding subsection (a), exempted operational files shall continue to be subject to search and review for information concerning any of the following: "(1) 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. "(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 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: "(A) The Committee on Armed Services and the Permanent Select Committee on Intelligence 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 National Security Agency. "(F) The Office of the Inspector General of the Department of Defense. "(G) The Office of the Director of the National Security Agency. "(d) Information Derived or Disseminated from Exempted Operational Files.--(1) Files that are not exempted under subsection (a) that 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) shall not affect the exemption under subsection (a) of the originating operational files from search, review, publication, or disclosure. "(3) 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. "(4) Records from exempted operational files that have been disseminated to and referenced in files that are not exempted under subsection (a) and that have been returned to exempted operational files for sole retention shall be subject to search and review. "(e) Supercedure of Other Laws.--The provisions of subsection (a) may not be superseded except by a provision of law that is enacted after the date of the enactment of this section and that specifically cites and repeals or modifies such provisions. "(f) Allegation; Improper Withholding of Records; Judicial Review.--(1) Except as provided in paragraph (2), whenever any person who has requested agency records under section 552 of title 5, United States Code, alleges that the National Security Agency 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. "(2) Judicial review shall not be available in the manner provided for under paragraph (1) as follows: "(A) 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 the National Security Agency, such information shall be examined ex parte, in camera by the court. "(B) The court shall determine, to the fullest extent 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 knowledge or otherwise admissible evidence. "(D)(i) When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the National Security Agency 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 subsection (b). "(ii) The court may not order the National Security Agency to review the content of any exempted operational file or files in order to make the demonstration required under clause (i), unless the complainant disputes the National Security Agency'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 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. "(F) If the court finds under this subsection that the National Security Agency has improperly withheld requested records because of failure to comply with any provision of this subsection, the court shall order the 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 paragraph the National Security 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 Central Intelligence before submission to the court. "(g) Decennial Review of Exempted Operational Files.--(1) Not less than once every 10 years, the Director of the National Security Agency and the Director of Central Intelligence shall review the exemptions in force under subsection (a) to determine whether such exemptions may be removed from a 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 a 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 the National Security Agency 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 the National Security Agency 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 the National Security Agency, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.". (b) Consolidation of Current Provisions on Protection of Operational Files of CIA.--Title VII of such Act is further amended-- (1) in section 701(b) (50 U.S.C. 431(b)), by striking "For purposes of this title" and inserting "In this section,"; and (2) in section 702 (50 U.S.C. 432)-- (A) by striking the section heading; (B) by redesignating the text of that section as subsection (g) of section 701 and redesignating subsections (a), (b), and (c) thereof as paragraphs (1), (2), and (3), respectively; (C) by inserting "Decennial Review of Exempted Operational Files.--" after the subsection designation (as designated by subparagraph (B)); (D) in paragraph (1) (as redesignated by subparagraph (B)), by striking "of section 701 of this Act"; (E) in paragraph (2) (as redesignated by subparagraph (B)), by striking "of subsection (a) of this section" and inserting "paragraph (1)"; and (F) in paragraph (3) (as redesignated by subparagraph (B))-- (i) by striking "with this section" in the first sentence and inserting "with this subsection"; and (ii) by striking "to determining" in the second sentence and all that follows and inserting "to determining the following: "(A) Whether the Central Intelligence Agency has conducted the review required by paragraph (1) before October 15, 1994, or before the expiration of the 10-year period beginning on the date of the most recent review. "(B) Whether the Central Intelligence Agency, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.". (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. (d) Clerical Amendments.--The National Security Act of 1947 is amended as follows: (1)(A) The heading for title VII is amended to read as follows: "TITLE VII--PROTECTION OF OPERATIONAL FILES". (B) The heading for section 701 is amended to read as follows: "operational files of the central intelligence agency". (C) The heading for section 702, as transferred and redesignated by subsection (c), is amended to read as follows: "operational files of the national geospatial-intelligence agency". (D) The heading for section 703, as transferred and redesignated by subsection (c), is amended by striking the first two words. (2) The table of contents in the first section of the National Security Act of 1947 is amended-- (A) by striking the items relating to sections 105C and 105D; and (B) by striking the items relating to title VII and sections 701 and 702 and inserting the following new items: "Title VII--Protection of Operational Files "Sec. 701. Operational files of the Central Intelligence Agency. "Sec. 702. Operational files of the National Geospatial-Intelligence Agency. "Sec. 703. Operational files of the National Reconnaissance Office. "Sec. 704. Operational files of the National Security Agency.".保护国家安全局的运营档案（第922章）房屋账单载有一项规定（秒1050），可豁免国家安全局（NSA）的某些业务档案，从搜索，审查和披露规定中提供信息法案的自由，包含在第5条，美国代码的第552条中。该权威使中央智能局，国家意象和绘图局以及国家侦察办公室提供的权威。参议院修正案载有类似的规定（秒1035），也将限制国家部门的具体办公室，这些办事处能够有资格获得豁免。房子回去了澄清修正案。[...]秒。1041.防御逆势传染码级别管理局的编纂和修订。（a）编纂.--（1）第10章第10章，美国代码，通过在以下新部分插入第1564节之后进行修改：“秒1564A。违反智慧传票计划”（a）程序权限.--国防部长可以对根据第（B）款所述的人员执行抵抗智能影视考试的计划。该计划应以1984年12月24日日期日期为5210.48的国防部5210.48。“（b）所涵盖的人.--除（c）款中提供的职责涉及涉及分类的信息的人员在执行订单12958（或继承人执行命令）第4.4（a）条的特殊访问计划中的最高秘密或指定的水平须遵守本条：“（1）国防部的军事和文职人员。“（2）国防承包商人员。”（3）为国防部分配或详述的人。“（4）申请国防部门的职位。”（c）某些情报机构和职能报道的例外.--本节不适用于以下人员：“（1）分配或详细的人向中央情报机构或与中央情报局合同的专家或顾问。“（2）一个人 - ”（a）由国家安全局雇用或分配或详述;“（b）合同的专家或顾问到国家安全局;“（c）国家安全机构承包商的雇员;或”（d）申请国家安全机构职位的人。“（3）分配给敏感加密信息，处理或储存的空间的人。”（4）由辩护部门的办公室雇用或分配或详述的人员，以收集专门的国家外国情报通过侦察计划或此类办公室的承包商。 "(d) Oversight.--(1) The Secretary shall establish a process to monitor responsible and effective application of polygraph examinations within the Department of Defense. "(2) The Secretary shall make information on the use of polygraphs within the Department of Defense available to the congressional defense committees. "(e) Polygraph Research Program.--The Secretary shall carry out a continuing research program to support the polygraph examination activities of the Department of Defense. The program shall include-- "(1) an on-going evaluation of the validity of polygraph techniques used by the Department; "(2) research on polygraph countermeasures and anti- countermeasures; and "(3) developmental research on polygraph techniques, instrumentation, and analytic methods.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1564 the following new item: "1564a. Counterintelligence polygraph program.". (b) Conforming Repeal.--Section 1121 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (10 U.S.C. 113 note), is repealed.防御抵制传染措施管理局的编纂和修订（秒1041）房屋账单载有一项规定（秒1041），该条例草案将消除对国防部（国防部）在任何财政年度管理的测量考试数量的现有限制。该条款还扩大了可能需要进行测绘考试的个人的类别，包括在国防部和其他机构申请国防部职位或向国防部提供的人提供职位的人员，他们需要获得最高秘密或特殊获取信息。该规定将进一步要求国防部长调查一个过程，以监测国防部在国防部中的复合和有效应用的过程，并根据要求提供关于国会辩护委员会使用的多音点的信息，代替经常发出的报告要求。参议院修正案没有任何类似的规定。参议院与技术修正后退。[...]秒。1442.公开披露伊拉克基础设施重建的非竞争性契约。（a）所需披露.--（1）出版和公共可用性.--美国的执行机构负责人进入伊拉克建设，维护，维护或建设基础设施的合同，没有全面和开放的竞争应每天在联邦登记或商业业务中公布，另外为公众提供，而不是在订立合同的日期后30天内提供以下信息：（a）合同金额。（b）合同范围的简要说明。（c）讨论执行机构如何确定，并征求潜在承包商履行合同的职责，以及潜在承包商的列表，该潜在承包商是为提议的提名。（d）关于使用除了提供全新和开放竞争的程序以外的程序的规定，就基于辩论和批准文件。（2）2005财政年度后持续合同.--第（1）款不适用于在2005年9月30日之后申请的合同。（b）分类信息.--（1）扣留权限 - 头部执行机构可能 - （a）根据国家国防或外交政策的执行命令归类为（a）款（a）款（a）款披露的公布和披露;（b）减少所以分类的任何部分，这些部分是在发布之前如此披露的文件中没有如此分类，并根据第（a）款披露文件。（2）国会的可用性.--在任何情况下，执行机构负责人拒绝根据第（1）款的信息，此类执行机构的负责人应向主席和董事长提供该文件的未更新版本。以下各委员会的排名成员：（a）参议院政府事务委员会和代表院政府改革委员会。 (B) The Committees on Appropriations of the Senate and House of Representatives. (C) Each committee that the head of the executive agency determines has legislative jurisdiction for the operations of such department or agency to which the information relates. (c) Fiscal Year 2003 Contracts.--This section shall apply to contracts entered into on or after October 1, 2002, except that, in the case of a contract entered into before the date of the enactment of this Act, subsection (a) shall be applied as if the contract had been entered into on the date of the enactment of this Act. (d) Relationship to Other Disclosure Laws.--Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law. (e) Definitions.--In this section, the terms "executive agency" and "full and open competition" have the meanings given such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).公开披露伊拉克基础设施重建的非竞争性缔约书（秒1442）房屋票据载有一项规定（第二部分），要求各机构报告授予伊拉克基础设施的合同的理由，而无需全额开放竞争。参议院修正案载有类似的规定（第1209章）。参议院召开了一项修正案，这些修正案将将报告要求限制在2005年9月30日或之前签订的合同。[...]