Disclosing CVI within a Facility and Among Private Sector Entities
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.
A facility may disclose Chemical-terrorism Vulnerability Information (CVI) to any of the facility's board members, officers, employees, and any private sector third parties who are affiliated with the facility (e.g., outside attorneys, accountants, consultants, trade association employees) who are CVI Authorized Users with a need to know.
Notification and Tracking of Disclosures
Facilities do not need to notify the Agency of proper disclosures of CVI (i.e., disclosures to Authorized Users with a need to know). Nonetheless, the Agency encourages facilities to maintain a Tracking Log of the receipt and disclosure of all CVI.See Appendix D of the CVI Procedural Manual.
Chemical facilities should also consider:
- Appointing a CVI Point of Contact (POC) to provide oversight and assistance to individuals within the facility.
- Implementing procedures to ensure that CVI is used, handled, safeguarded, and disclosed appropriately.
- Establishing a self-inspection program to include periodic review and assessment of the handling, use, and storage of CVI.
If you have questions or need the contact info for your local CISA Chemical Security Inspector (CSI), 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.