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• Chemical-terrorism Vulnerability Information

Evaluating Need to Know for Chemical-terrorism Vulnerability Information

Any person with a "need to know," as defined in the interim final rule, will be granted access to Chemical-terrorism Vulnerability Information (CVI). Before being authorized to access Chemical-terrorism Vulnerability Information, individuals will have to complete training to ensure that the individuals understand and comply with the various safeguarding and handling requirements for Chemical-terrorism Vulnerability Information.

For further information on the marking and disclosure of Chemical-terrorism Vulnerability Information, and the use of Chemical-terrorism Vulnerability Information in enforcement or judicial proceedings, see 6 CFR § 27.400. To the extent State "right to know" or "sunshine" laws purport to require the public release of Chemical-terrorism Vulnerability Information, the Department of Homeland Security believes that such laws are preempted by the interim final rule.

A person, including a state or local official, has a need to know in each of the following circumstances:

• When the person requires access to specific materials containing Chemical-terrorism Vulnerability Information to carry out chemical facility security activities approved, accepted, funded, recommended, or directed by the Department of Homeland Security;
• When the person needs the information to receive training to carry out chemical facility security activities approved, accepted, funded, recommended, or directed by the Department of Homeland Security;
• When the information is necessary for the person to supervise or otherwise manage individuals carrying out chemical facility security activities approved, accepted, funded, recommended, or directed by the the Department of Homeland Security; and
• When a person needs the information to provide technical or legal advice to a covered person regarding chemical facility security requirements of Federal law.

In addition:

• A Federal, state or local governmental employee has a need to know if access to the information is necessary for performance of the employee’s official homeland security duties; and
• A person acting in the performance of a contract with or grant from the Department of Homeland Security has a need to know if access to the information is necessary to performance of the contract or grant specifically related to chemical security.

Need-to-know determinations are ultimately the responsibility of the Secretary of Homeland Security. The Chemical Security Compliance Division has established the protocols that both government agencies and chemical facilities must follow to ensure access to CVI is managed correctly and this sensitive information is not improperly disclosed to those individuals who do not have a need to know.

Regulated chemical facilities and the Chemical Security Compliance Division may only designate that information listed in the regulation as Chemical-terrorism Vulnerability Information. A list of those categories is provided in the CVI Procedures Manual. The raw information chemical facilities use to develop these records or documents should not be marked as Chemical-terrorism Vulnerability Information. Only information submitted to the Department will be marked. The Chemical Security Assessment tool will automatically mark the outputs generated from chemical facility inputs. Chemical facilities may also mark qualifying correspondence submitted to the Department.

Any information that could be detrimental to chemical facility security that does not appear within the categories identified in the regulation should be forwarded to the Chemical Security Compliance Division Director, who will coordinate with the Secretary of Homeland Security to determine whether it qualifies for designation as Chemical-terrorism Vulnerability Information.

This page was last modified on October 4, 2007