Full Report
The Infrastructure Security Division (ISD) of the U.S. Cybersecurity and Infrastructure Security Agency (CISA) is set to submit... The post CISA seeks public input on new ChemLock information collection initiative by Mar. 3 appeared first on Industrial Cyber.
Analysis Summary
# Regulation/Compliance: CISA ChemLock Information Collection Initiative
## Overview
This outlines a proposed information collection initiative by the Cybersecurity and Infrastructure Security Agency (CISA) under the **Paperwork Reduction Act of 1995 (PRA)**. The initiative is designed to support the **ChemLock Program**, which is described as a voluntary program for facilities possessing dangerous chemicals. CISA, acting as the Sector Risk Management Agency (SRMA) for the chemical sector, is seeking public review and approval from the Office of Management and Budget (OMB) for three specific information instruments related to this program.
## Key Details
- Issuing Authority: U.S. Cybersecurity and Infrastructure Security Agency (CISA), Infrastructure Security Division (ISD), as sanctioned through the Department of Homeland Security (DHS) via the Federal Register.
- Effective Date: The process submission to OMB is underway; public comment period noted until March 3, 2025.
- Jurisdiction: United States federal information collection compliance.
- Status: Proposed (Information Collection Request submitted for OMB review and requiring public comment).
## Requirements
### Mandatory Requirements (For CISA/DHS Process)
1. CISA must submit the Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval, adhering to the Paperwork Reduction Act of 1995.
2. CISA must solicit and accept public comments on the proposed information collection instruments for a period of 60 days following the Federal Register notice.
3. Organizations submitting comments must take extensive care regarding sensitive information:
* Comments containing protected information (e.g., trade secrets, confidential commercial/financial information, Chemical-Terrorism Vulnerability Information (CVI), Sensitive Security Information (SSI), or Protected Critical Infrastructure Information (PCII)) **must not** be submitted to the public docket openly.
* Protected information must be appropriately marked and packaged according to applicable requirements if submitted to CISA/DHS.
### Recommended Practices (For Affected Facilities Engaging with ChemLock)
1. Engage in the ChemLock program if the facility possesses dangerous chemicals, as it is established as a framework for security engagement.
2. Utilize the three proposed instruments (ChemLock Request for Services; ChemLock Service Registration and Preparation; ChemLock Service Feedback) as intended by CISA once approved.
## Affected Organizations
- Industries: Primarily the **Chemical Sector**, as CISA serves as the Sector Risk Management Agency (SRMA) for this sector.
- Organization Size: Not explicitly stated, but relevant to any facility possessing dangerous chemicals involved in the chemical sector supply chain.
- Geographic Scope: United States.
## Compliance Timeline
- **Prior to Jan 02, 2025 (Implied):** DHS announced the initiative in the Federal Register.
- **March 3, 2025:** Deadline for the public to submit comments on the proposed ICR to CISA/DHS.
- **TBD (Post-Public Comment):** OMB review and final approval of the ICR required before mandatory use of the three instruments begins for facilities.
## Implementation Guidance
### Assessment Phase
- Review the Federal Register notice comprehensively to understand the scope of the three proposed instruments.
- Assess organizational data holdings against the types of protected information (CVI, SSI, PCII) that must be segregated if providing feedback on the chemical security program.
### Implementation Phase
- Develop and submit formal feedback to CISA regarding the proposed ICR within the consultation window.
- For chemical facilities, prepare internal processes to engage with the ChemLock program, anticipating future registration and service requests based on the proposed instruments.
### Validation Phase
- Ensure all submitted comments adhere strictly to guidance regarding protected information segregation to avoid regulatory violations related to improper disclosure.
## Technical Requirements
No explicit technical cybersecurity requirements are detailed in the summary, as the focus is on the administrative process of requesting public OMB approval for *information collection instruments* related to the voluntary ChemLock program.
## Penalties & Enforcement
The summary focuses on the administrative compliance related to the *Paperwork Reduction Act (PRA)* process rather than punitive measures for non-participation in the voluntary ChemLock program itself.
- Fines: Not applicable in this summary context, as this is a request for comment on a proposed information collection, not a final regulation with associated civil penalties for non-compliance.
- Other Consequences: Failure by CISA/DHS to comply with the PRA review process could lead to OMB rejection of the information collection request. Submission of protected information to the public docket carries associated legal risks for the submitting entity.
- Enforcement: Enforcement relates to the OMB's authority under the PRA to approve or reject the information collection instruments.
## Related Standards
- Paperwork Reduction Act of 1995 (PRA): The statutory basis mandating federal agencies seek OMB approval for information requests.
- **CISA Chemical Sector SRMA Role:** Implies alignment with broader CISA critical infrastructure protection directives.
## Resources
- Official Documentation: Federal Register notice (referenced but link is defanged: `https://www.federalregister.gov/documents/2024/12/31/2024-31370/notice-of-proposed-information-collection-under-the-paperwork-reduction-act-request-for-the-chemlock`)
- Guidance Documents: DHS announcement regarding the initiative.
- Tools: None specified.
## Practical Recommendations
1. **Monitor Deadlines:** Ensure all stakeholder feedback regarding the proposed ChemLock instruments is submitted by March 3, 2025.
2. **Classify Information:** Chemical sector entities must rigorously map their existing data against CVI, SSI, and PCII definitions before responding to CISA requests.
3. **Prepare for Voluntarism:** While ChemLock appears voluntary, facilities should proactively review the three proposed instruments to understand the eventual administrative burden should they choose to participate in this CISA-managed framework.