Adapting to the CFATS Personnel Surety Requirements Program
September 11th, 2010 by fasteddie565Recent Notices of Federal Rule Making have caused some concern among chemical facility owner / operators that have elected to have their affected personnel (personnel requiring access to restricted areas) apply for and maintain a TWIC card. Some made this decision based upon their operating of MTSA facilities while others elected to use it as it apparently met all of the standards of RBPS 12, Personnel Surety which include:
- Validate the Affected persons Identity
- Validate the Citizenship / Right to Work in the US
- Certify Criminal History
- Check for Terrorist Ties
- Have some sort of Audit System
As most TWIC owners already know, this security token not only validates the status as a low risk person, it also has the electronics to activate access control measures via the use of accepted TWIC readers. These readers can be used to open vehicles gates, pedestrian turnstyles and even interior doors. With these capabilities, the TWIC seemed to be a panacea for chemical companies, some of which that are just now growing comfortable with MTSA.So why will DHS not accept the TWIC as a solution to RBPS 12?In the 13 April Request for Comments, DHS provides the following bureaucratic answer:Response: TWIC’s authorizing statute, the Maritime Transportation Security Act of 2002 (MTSA), as amended, 46 U.S.C. 70101 et seq., explicitly applies ‘‘transportation security card’’ requirements only to: ‘‘individual[s] allowed unescorted access to secure area[s] designated in * * * [maritime] vessel or [maritime] facility security plan[s]’’ (§ 70105(b)(2)(A)); certain MTSA license and permit holders (§ 70105(b)(2)(B)); maritime vessel pilots (§ 70105(b)(2)(C)); maritime towing vessel personnel (§ 70105(b)(2)(D)); individuals with access to certain protected maritime security information (§ 70105(b)(2)(E)); and ‘‘other individuals engaged in port security activities’’ (§ 70105(b)(2)(F)). Furthermore, individuals are only eligible to receive TWICs if they have not committed certain ‘‘disqualifying criminal offense[s],’’ or if they do not meet certain ‘‘immigration status requirements’’ 49 CFR 1572.5(a)(1)–(2). However, the CFATS authorizing statute applies to ‘‘chemical facilities that * * * present high levels of security risk’’ Department of Homeland Security Appropriations Act of 2007, Public Law 109–295, section 550 (Oct. 4, 2006), as amended. CFATS Personnel Surety Program requirements apply only to high-risk chemical facilities’ ‘‘personnel, and as appropriate * * * unescorted visitors with access to restricted areas or critical assets’’ 6 CFR 27.230(a)(12). Moreover, facilities regulated under MTSA are exempt from CFATS. Accordingly, the CFATS Personnel Surety Program is not duplicative of the TWIC program. In short, CFATS personnel surety is not TWIC, so therefore they are not duplicative. Having worked with DHS in the past on the CFATS effort, they have stated that they were very critical of MTSA and are hesitant to make it seem that they are mirroring the existing program. We do have to give credit to the chemical folks for agreeing to revisit the issue of honoring the TSDB vettings already performed for TWIC and other TSDB dependent credentials.So how do we incorporate all of these new TWIC cards into our CFATS program? take a look…. In short, your SSP has to do several things to meet the RBPS, these include:1. conducting a background check on existing and new employees which should include:
- Validate the Affected persons Identity
- Validate the Citizenship / Right to Work in the US
- Cerify Criminal History
NOTE: The TWIC Program meets these requirements2. The next requirement is to develop a schedule for renewing / performing checks for existing employees and new employees ( or others recently requiring access to restricted areas).We recommend starting this now!3. Develop an Audit program whereby the personnel surety is audited to ensure it continues to meet the RBPS and is being applied in accordance with the approved SSP. This should also include checks to make sure updates are being performed on a regularily scheduled basis ( We 3 recommend 3-7 years, depending upon Tier rating).NOTE: TWIC’s are valid for 5 years, with an established program for updating, lost credentials etc.4. Finally, we see the requirement for checks against the TSA Terrorist Screening database (TSDB). This is simply a method by which you collect personal information on affected persons and submit this information to DHS who will in turn vette this information against the TSA TSDB. The schedule for submission is found in the request for comments on page 18853. Ideally, DHS would like to collect the following information to support their PI collection for vetting against the TSA TSDB, however a less detailed collection of information will probably be accepted:
- Full name
- Date of birth
- Place of birth
Gender
- Citizenship
- Passport information
- Visa information
- Alien registration number
- DHS Redress Number (if available)
- Work phone number(s)
- Work e-mail address(es)
Upon receipt of new personnel, deleted personnel or changes to personal information, DHS states they will issue a receipt of submission of your personal information. e recommend waiting 3 days after you receive this acknowledgement from DHS before granting unescorted access to new personnel or contractors.In Summary, for those of you that have already acquired or plan to acquire TWIC’s in support of your personnel surety program, here is what you need to do to meet the RBPS:1. Have all affected personnel obtain and maintain valid TWIC’s in accordance with the appropriate NVIC.2. Establish internal procedures and schedules for having new hires obtain TWIC’s as well as an audit procedure.3. Prepare to submit your personal information to DHS for vetting against the TSA TSDB in accordance with the established schedule.
NOTE: These requirements apply to vendors and contractors that require unescorted access within restricted areas as well. Consider adding a process for validating their background checks! You are still required to submitt their personal information to dDHS if they need unescorted access to your facility.
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I receive a great deal of telephone calls from reporters wanting to know what I think about various situations in the Homeland Security Industry. Although I haven’t done any work on the border, I cannot help but think that my Rubic’s Cube philosophy hold’s true for this situation as it does for most everything in life. Yea, I am getting to the point….