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 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.