DHS FAQ Page Updates 7-1-08

Yesterday DHS posted five new questions and answers on their FAQ Page. They are placed under the SVA heading, but all of the questions deal with Chemical-terrorism Vulnerability Information (CVI). The questions are:

• 1520. Is the fact that a facility is a covered facility under 6 CFR part 27 considered CVI?
• 1521. Is the preliminary tier determination of a covered facility by DHS considered CVI?
• 1522. May a covered facility disclose its preliminary tier level to another entity or individual (e.g. a trade association or another facility)?
• 1523. Does DHS need to be notified when a CVI Authorized User at a covered facility shares CVI (e.g., its preliminary tier determination) with another CVI Authorized User, who has a "need to know", within the private sector?
• 1524. May individuals who are not US Citizens be CVI Authorized Users?

As I noted in an earlier blog (see: "Blogosphere Reaction to SVA News") the fact that a facility is considered a high-risk facility, and thus covered under CFATS, is not considered CVI while the assigned Tier Level and the chemicals responsible for that assignment are considered to be CVI. It will be interesting to see how soon local news organizations publicize their local high-risk facilities.

CVI can be disclosed to other CVI cleared individuals, so as long as they have a need to know. According to the FAC response to 1523, DHS does not need to be notified of the disclosure. This does not square with my understanding of Para 6.2 of the CVI Procedure Manual. That paragraph states:

• "With the consent of CSCD {Chemical Security Compliance Division} Director, regulated chemical facilities may also share CVI with private third parties, i.e. bank, insurance company, utility commission, etc. that have vested interest in the chemical facility and a need to know. These individuals are not considered authorized users since they will (not) have the right to further disseminate CVI. These individuals must sign a chemical facility approved NDA and complete the training provided to authorized users."

Of course, I am not the CVI expert. When in doubt, notify CCSD. That would probably be a safe rule.

For the final question, the FAQ answer is "Yes". An awful simple answer to what I would assume may be a more complicated issue. I do not remember having to tell DHS that I was a US National when I got my CVI clearance a year ago, but I think we can assume that DHS is checking names against various terrorist watch lists before certifying them for CVI.

Tags: Chemical Facility Security, DHS FAQ Update, CVI