DHS Appropriations Act

PUBLIC LAW 109–295—OCT. 4, 2006

120 STAT. 1381

Improvements’’ account specifically identified in the Joint Explanatory Statement (House Report 109–241) accompanying Public Law
109–90 for the Fast Response Cutter, the service life extension
program of the current 110-foot Island Class patrol boat fleet,
and accelerated design and production of the Fast Response Cutter,
$78,693,508 are rescinded.
(b) ADDITIONAL APPROPRIATION.—For necessary expenses of the
United States Coast Guard for ‘‘Acquisition, Construction, and
Improvements’’, there is appropriated an additional $78,693,508,
to remain available until September 30, 2009, for the service life
extension program of the current 110-foot Island Class patrol boat
fleet and the acquisition of traditional patrol boats (‘‘parent craft’’).
SEC. 522. None of the funds made available in this Act may
be used by any person other than the Privacy Officer appointed
under section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142) to alter, direct that changes be made to, delay, or prohibit
the transmission to Congress of any report prepared under paragraph (6) of such section.
SEC. 523. No funding provided by this or previous appropriation
Acts shall be available to pay the salary of any employee serving
as a contracting officer’s technical representative (COTR), or anyone
acting in a similar or like capacity, who has not received COTR
training.
SEC. 524. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’ and ‘‘Transportation Security Support’’ in fiscal years 2004,
2005, and 2006 that are recovered or deobligated shall be available
only for procurement and installation of explosive detection systems
for air cargo, baggage, and checkpoint screening systems, subject
to notification.
SEC. 525. (a) Within 30 days after enactment of this Act,
the Secretary of Homeland Security shall revise Department of
Homeland Security (DHS) Management Directive (MD) 11056 to
provide for the following:
(1) That when a lawful request is made to publicly release
a document containing information designated as sensitive
security information (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 three years
old and not incorporated in a current transportation security
directive, security plan, contingency plan, or information circular; or does not contain current information in one of the
following SSI categories: equipment or personnel performance
specifications, vulnerability assessments, security inspection or
investigative information, threat information, security measures, security screening information, security training materials, identifying information of designated transportation security personnel, critical aviation or maritime infrastructure asset
information, systems security information, confidential business
information, or research and development information shall
be subject to release upon request unless:

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120 STAT. 1382

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31 USC 501 note.

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PUBLIC LAW 109–295—OCT. 4, 2006

(A) the Secretary or his designee makes a written
determination that identifies a rational reason why the
information must remain SSI; or
(B) such information is otherwise exempt from disclosure under applicable law:
Provided, That 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 the 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); and
(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.
(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 requirements of this section and of section
537 of the Department of Homeland Security Appropriations Act,
2006 (Public Law 109–90; 119 Stat. 2088).
(c) Not later than one year from the date of enactment of
this Act, the Government Accountability Office shall report to the
Committees on Appropriations of the Senate and the House of
Representatives on DHS progress and procedures in implementing
the requirements of this section.
(d) That in civil proceedings in the United States District
Courts, where a party seeking access to SSI demonstrates that
the party has substantial need of relevant SSI in the preparation
of the party’s case and that the party is unable without undue
hardship to obtain the substantial equivalent of the information
by other means, the party or party’s counsel shall be designated
as a covered person under 49 CFR Part 1520.7 in order to have
access to the SSI at issue in the case, provided that the overseeing
judge enters an order that protects the SSI from unauthorized
or unnecessary disclosure and specifies the terms and conditions
of access, unless upon completion of a criminal history check and
terrorist assessment like that done for aviation workers on the
persons seeking access to SSI, or based on the sensitivity of the
information, the Transportation Security Administration or DHS
demonstrates that such access to the information for the proceeding
presents a risk of harm to the nation: Provided, That notwithstanding any other provision of law, an order granting access to
SSI under this section shall be immediately appealable to the
United States Courts of Appeals, which shall have plenary review
over both the evidentiary finding and the sufficiency of the order
specifying the terms and conditions of access to the SSI in question:
Provided further, That notwithstanding any other provision of law,
the Secretary may assess a civil penalty of up to $50,000 for
each violation of 49 CFR Part 1520 by persons provided access
to SSI under this provision.
SEC. 526. The Department of Homeland Security Working Capital Fund, established, pursuant to section 403 of Public Law 103–
356 (31 U.S.C. 501 note), shall continue operations during fiscal
year 2007.

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