To require the Secretary of Homeland Security to revise Management Directive 11056 relative to the treatment of certain sensitive security information.

SA 4579. Mr. GREGG proposed an amendment to the bill H.R. 5441,
making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2007, and for other purposes; as
follows:

On page 118, strike line 7 through page 119, line 2 and
inset in lieu thereof the following:
Sec. 524. Using funds made available in this Act:

[[Page S7356]]

(a) Within 60 days of enactment of this Act, the Secretary
of the Department of Homeland Security shall revise DHS MD
[Management Directive] 11056 to provide for the following:
(1) that when a lawful request is made to publicly release
a document containing information designated as SSI, the
document shall be reviewed in a timely manner to determine
whether any information contained in the document meets the
criteria for continued SSI protection under applicable law
and regulation and shall further provide that all portions
that no longer require SSI designation be released, subject
to applicable law, including sections 552 and 552a of title
5, United States Code;
(2) that sensitive security information that is four years
old shall be subject to release upon request unless:
(A) the Secretary or his designee makes a written
determination that identifies a rational basis why the
information must remain SSI;
(B) the information is covered by a current sensitive
security information application guide approved by the
Secretary or his designee in writing; or
(C) such information is otherwise exempt from disclosure
under applicable law.

Any determination made by the secretary under clause
(a)(2)(A) shall be provided to the party making a request to
release such information and to the Committees on
Appropriations of the Senate and House of Representatives as
part of the annual reporting requirement pursuant to section
537 of the Department of Homeland Security Appropriations
Act, 2006 (Public Law 109-90; 119 Stat. 2088);
(3) common and extensive examples of the individual
categories of SSI information cited under 49 CFR 1520(b)(1)
through (16) in order to minimize and standardize judgment by
covered persons in the application of SSI marking; and
(b) Not later than 120 days after the date of enactment of
this Act, the Secretary of Homeland Security shall report to
the Committees on Appropriations of the Senate and the House
of Representatives on the progress that the Department has
made in implementing the remaining requirements of section
537 of the Department of Homeland Security Appropriations
Act, 2006 (Public Law 109-90; 119 Stat. 2088), including
information on the current procedures regarding access to
sensitive security information (SSI) by civil litigants and
the security risks and benefits of any proposed changes to
these procedures.
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