it may be noted that the development of these CII Regulations by DHS was the
subject of a statutory report that DHS submitted to Congress on February 20,
pursuant to section 893 of the Homeland Security Act, 6 U.S.C.A. § 483.
Also addressed in that report was the ongoing development of a new policy and
procedures for the handling of "sensitive homeland security information" (referred
to as "SHSI") throughout the executive branch. See also FOIA Post, "FOIA
Officers Conference Held on Homeland Security" (posted 7/3/03). While that
development will not directly impact the governmentwide administration of the
FOIA, in that it will involve no additional authority for protecting
information from public disclosure, it certainly holds the potential of significantly
altering the landscape for the safeguarding of federal information.
It remains to be seen whether this latter initiative as described in DHS's statutory
report will be instituted prior to the finalization of its regulations on CII.
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