Evaluating Need to Know for Chemical-Terrorism Vulnerability Information (CVI)
CFATS Announcement
As of July 28, 2023, Congress has allowed the statutory authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program (6 CFR Part 27) to expire.
Therefore, CISA cannot enforce compliance with the CFATS regulations at this time. This means that CISA will not require facilities to report their chemicals of interest or submit any information in CSAT, perform inspections, or provide CFATS compliance assistance, amongst other activities. CISA can no longer require facilities to implement their CFATS Site Security Plan or CFATS Alternative Security Program.
CISA encourages facilities to maintain security measures. CISA’s voluntary ChemLock resources are available on the ChemLock webpages.
If CFATS is reauthorized, CISA will follow up with facilities in the future. To reach us, please contact CFATS@hq.dhs.gov.
Access to or disclosure of Chemical-terrorism Vulnerability Information (CVI) requires that an individual (1) has a need to know the information and (2) is a CVI Authorized User.
Under the Chemical Facility Anti-Terrorism Standards (CFATS) (6 CFR § 27.400), a covered person is an individual who has a need to know CVI or someone who gains access to what they know to be or reasonably know to constitute CVI.
Covered State, Local, or Tribal Officials
Under CFATS (6 CFR § 27.400(e)), a person (including a state, local, or tribal official) has a need to know when:
- That person requires access to specific CVI to carry out chemical facility security activities approved, accepted, funded, recommended, or directed by the Cybersecurity and Infrastructure Security Agency (CISA).
- That person needs the CVI to receive training to carry out chemical facility security activities approved, accepted, funded, recommended, or directed by the Agency.
- That person needs the CVI to supervise or otherwise manage individuals carrying out chemical facility security activities approved, accepted, funded, recommended, or directed by the Agency.
- That person needs the CVI to provide technical or legal advice to a covered person, who has a need to know that CVI, regarding chemical facility security requirements of federal law.
- CISA determines that access by that person to specific information is required under 6 CFR §§ 27.400(h) or (i) in the course of judicial or administrative proceedings.
Covered Federal and Non-Federal Employees
Under CFATS, (6 CFR §§ 27.400(e)(2), (4) and (5)), federal employees, contractors, and grantees have a need to know when:
- A federal employee has a need to know if access to the information is necessary for performance of the employee’s official duties.
- A contractor acting in the performance of a contract with or grant from the Agency has a need to know if access to the information is necessary to performance of the contract or grant.
- Notwithstanding the other provisions of the rules, the Agency may determine that only specific persons or classes of persons have a need to know specific CVI.
- Nothing shall prevent the Agency from determining, in its discretion, that a person or class of persons not otherwise listed above has a need to know CVI in a particular circumstance.
Learn More
CVI Authorized User Training
Complete CVI Authorized User training.
Defining CVI
What information is protected as CVI?
Disclosure of CVI
How to safeguard and share CVI.
Handling CVI
Materials containing CVI must be physically controlled and protected, appropriately designated, and withheld from public disclosure.
Reporting CVI Incidents
Under 6 CFR § 27.400(d), covered persons must notify the Agency of any unauthorized releases of CVI and refer to the Agency any requests for access to CVI by persons without a need to know.
Contact Information
If you have questions or need to contact the CISA Chemical Security Inspector assigned to your area, call the Chemical Security Assessment Tool (CSAT) Help Desk at 866-323-2957 Monday through Friday (except federal holidays) from 8:30 a.m. to 5 p.m. (ET) or email CSAT@hq.dhs.gov.