Evaluating Need to Know for Chemical-terrorism Vulnerability Information (CVI)

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 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 Department.
• That person needs the CVI to receive training to carry out chemical facility security activities approved, accepted, funded, recommended, or directed by the Department.
• 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 Department.
• 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.
• DHS 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.

In addition, as provided by 6 CFR §§ 27.400(e)(2), (4) and (5):

• 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 Department 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 Department may determine that only specific persons or classes of persons have a need to know specific CVI.
• Nothing shall prevent the Department 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.

Any disputes between persons and facilities about whether an individual seeking access to the CVI has a need to know should be referred to the Department for resolution. In particular, any dispute between facilities and state, local or tribal officials about whether a given official has a need to know specific CVI should be referred to the the Department chemical facility security inspector responsible for working with the facility in question.

For more information, contact the CFATS Help Desk at CSAT@hq.dhs.gov or 866-323-2957. The Help Desk is available Monday to Friday (except federal holidays) from 8:30 a.m. to 5 p.m. (ET).