Regulatory Update – NACD Joins Others in Commenting on DHS Personnel Surety Proposal

Last week, NACD and 12 other industry organizations sent a letter to the Office of Management and Budget (OMB) expressing concerns about a recent U.S. Department of Homeland Security (DHS) information collection request (ICR) on its proposed Chemical Facility Anti-Terrorism Standards (CFATS) Personnel Surety Program (PSP). This program is DHS’s proposed mechanism under which CFATS-regulated facilities must meet Risk Based Performance Standard #12 on Personnel Surety. The PSP would require facilities to submit to DHS personally-identifying information on individuals seeking access to restricted areas and critical assets at facilities. DHS would then arrange for these individuals to be checked against the Federal Bureau of Investigation’s Terrorist Screening Database. The comments urge OMB to disapprove the ICR because: (1) the proposed PSP is unnecessary for the proper performance of DHS’s functions; (2) the proposed PSP is unnecessarily duplicative; (3) DHS has not complied with the procedural requirements of the Paperwork Reduction Act (PRA) and OMB’s PRA regulations; and (4) DHS has failed to include within the ICR key facts without which it is impossible to assess the burden of DHS’s proposed collection. For a copy of the industry comments to OMB, go to For a copy of the DHS proposal, go to