CUNA Regulatory Comment Call

March 24, 2004

Procedures for Handling Critical Infrastructure Information



Requirements for Protection

In order for CII to receive the protections of Section 214 of the CII Act, the information must be:

Acknowledgment of Receipt

Safeguarding of Protected CII

Disclosure of Protected CII

Investigation and Reporting of Violations


  1. DHS received many comments on the proposal expressing concern regarding the provision enabling indirect submissions. Indirect submission refers to the situation where other federal government agencies act as conduits for submissions to DHS. Under the proposal, a person or private sector entity would submit the CII to any federal agency; the federal agency, in turn, would forward the information to the DHS IAIP Directorate, pursuant to the submitter’s express direction. As a result of comments received, all references to indirect submissions have been deleted in the interim rule. After the Protected CII Program has become operational (and pending additional legal and related analyses), DHS anticipates the development of appropriate mechanisms to allow for indirect submissions in the final rule. What do you feel would constitute appropriate procedures for the implementation of indirect submissions?

  2. Do the protections in this interim rule for CII go far enough to alleviate the concerns of credit unions and other private sector entities in sharing such information with DHS?

    Yes ______ No ______

    If not, what additional protective measures should be included in the final rule? Or what could DHS do to further encourage credit unions and other private sector entities to share CII?

  3. Do you feel this interim rule is sufficiently flexible to allow DHS to adapt as the Protected CII Program evolves?

    Yes ______ No ______

    If not, what provisions should be more flexible?

  4. Other comments?

Eric Richard • General Counsel • (202) 508-6742 •
Mary Mitchell Dunn • SVP & Associate General Counsel • (202) 508-6736 •
Jeffrey Bloch • Assistant General Counsel • (202) 508-6732 •
Catherine Orr • Senior Regulatory Counsel • (202) 508-6743 •