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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