OMB Watch filed additional comments to the Department of Homeland Security (DHS) recommending additional improvements in the interim final rule for Critical Infrastructure Information (CII) program. The interim final CII rule still requires significant revisions to create an efficient program that ensures the protection of citizens and infrastructure, does not interfere with the operations of other agencies, and prevents misuse by corporations. The interim final rule contains notable management changes, improvements even, from the initial proposed rule. Unfortunately, the improvements are minor and do little to counter the more serious and fundamental flaws in the CII program. Many of the CII program's worst flaws are dictated by congressional statute and lie outside DHS's authority to alter in this rulemaking. However, DHS retains a significant level of discretion concerning the program's definitions, details and procedures. OMB Watch urges DHS to improve these areas of program management and implementation. OMB Watch recommends for the final CII rule that DHS:

• Retain the requirement that any and all submissions to the CII program must be made directly to the DHS and not through any other federal agencies.
• Strongly define good faith with a provision that identified infrastructure submission and how submissions will be tested against the definition.
• Establish a deadline for evaluating the validity of submissions.
• Establish a schedule for automatic re-review of CII submissions to evaluate if the information qualifies for continued protection.
• Reword the provision for changing status of protected CII to non-protected CII to include new reporting requirements by other federal agencies as a reason for changing status.
• Include a clear and reasonable definition of "customarily in the public domain" along with an explanation of how the submissions will be checked against the definition.
• Clarify the definition of voluntary to exclude information collected by any Federal agency other than DHS.

OMB Watch sincerely hopes DHS will take this opportunity to further improve the CII rule prior to finalization. The recommendations will improve the manageability and effectiveness of the entire program while reducing the opportunity for less conscientious participants to misuse and manipulate this innovative program. Click here to see the detail analysis and recommendation OMB Watch submitted.