CONFERENCE REPORT ON H.R. 2360, DEPARTMENT OF HOMELAND SECURITY 
                        APPROPRIATIONS ACT, 2006
						
                  Conference Report (H. Rept. 109-241)

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                    Sensitive Security Information

       The conferees agree to include a general provision (section 
     537) on Sensitive Security Information (SSI) as proposed by 
     the House. The conferees are concerned that because of 
     insufficient management controls, information that should be 
     in the public domain may be unnecessarily withheld from 
     public scrutiny. The conferees require the Secretary to 
     ensure that each appropriate office has an official with the 
     clear authority to designate documents as SSI and to provide 
     clear guidance as to what is SSI material and what is not. 
     Designation means an original determination made by a limited 
     number of appointed officials pursuant to 49 CFR 
     Sec. 1520.5(b (1)-(16)). The conferees direct the Secretary 
     to report to the Committees not later than January 3, 2006, 
     the titles of all documents that are designated by DHS as SSI 
     in their entirety during the period beginning October 1, 
     2005, and ending December 31, 2005, and a full-year report 
     each year thereafter.	

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                          H.R. 2360

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       Sec. 537. Using funds made available in this Act, the 
     Secretary of Homeland Security shall provide that each office 
     within the Department that handles documents marked as 
     Sensitive Security Information (SSI) shall have at least one 
     employee in that office with authority to coordinate and make 
     determinations on behalf of the agency that such documents 
     meet the criteria for marking as SSI: Provided, That not 
     later than December 31, 2005, the Secretary shall submit 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives: (1) Department-wide policies for 
     designating, coordinating and marking documents as SSI; 
     (2) Department-wide auditing and accountability procedures 
     for documents designated and marked as SSI; (3) the total 
     number of SSI Coordinators within the Department; and (4) 
     the total number of staff authorized to designate SSI 
     documents within the Department: Provided further, That 
     not later than January 31, 2006, the Secretary shall 
     provide to the Committees on Appropriations of the Senate 
     and the House of Representatives the title of all DHS 
     documents that are designated as SSI in their entirety 
     during the period October 1, 2005, through December 31, 
     2005: Provided further, That not later than January 31 of 
     each succeeding year, starting on January 31, 2007, the 
     Secretary shall provide annually a similar report to the 
     Committees on Appropriations of the Senate and the House 
     of Representatives on the titles of all DHS documents that 
     are designated as SSI in their entirety during the period 
     of January 1 through December 31 for the preceding year: 
     Provided further, That the Secretary shall promulgate 
     guidance that includes common but extensive examples of 
     SSI that further define the individual categories of 
     information cited under 49 CFR 1520(b)(1) through (16) and 
     eliminates judgment by covered persons in the application 
     of the SSI marking: Provided further, That such guidance 
     shall serve as the primary basis and authority for the 
     marking of DHS information as SSI by covered persons.

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