Review – CISA Publishes CVI 60-day ICR Renewal Notice – 9-13-24

Today CISA published a 60-day information collection request (ICR) revision notice in the Federal Register (89 FR 74975-74977) for “Revision of a Currently Approved Information Collection for

Chemical-Terrorism Vulnerability Information (CVI)”. CVI is the data protection regime for the Chemical Facility Anti-Terrorism Standards (CFATS) program. While CISA acknowledges that the authority to operate the CFATS program expired on July 28^th, 20223, today’s notice explains:

“It is the Administration's position that CFATS should be reauthorized. However, even without statutory reauthorization, there is both a reason to continue collecting this information (i.e., enabling individuals with a need to know but who are not CVI Authorized Users to access historical government records safeguarded as CVI) as well as existing statutory authority to do so under 6 U.S.C. 652(e)(1)(J) [link added]. Once CFATS is reauthorized, the training and application to become a CVI Authorized User will be made accessible to the public.”

There is no change in the burden estimate for responses or burden hours, as can be seen in the table below.

The change in the burden cost estimate is due to updating the Site Security Officers (SSOs) average wage figure.

Public Comments

CISA is soliciting public comments on this ICR revision. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # CISA-2024-0023). Comments should be submitted by November 12^th, 2024.

Commentary

CISA has been steadfast in their belief that Congress will reinstate the CFATS program. This ICR is another example of that continued belief, even more than a year after the authorization expired. As the end of the 118^th Congress quickly approaches, I am not sure that I share the same suspension of political reality that CISA is, at least publicly, showing in their continued support for this program. Sen Paul (R,KY) is not known for changing his positions or bowing to political pressure.

 

For more information on this ICR notice, including more details about the burden estimate and a more detailed commentary, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/cisa-publishes-cvi-60-day-icr-renewal - subscription required.