DHS Publishes CFATS PSP 60-day ICR Notice

As I noted yesterday, today DHS published a 60-day information collection request (ICR) in the Federal Register (78 FR 17680-17701) supporting the long awaited revised CFATS Personnel Surety Program (PSP). As one would expect this is a very complicated and detailed ICR and will require a number of blog posts to delve into all of the details.

Program Summary

ISCD envisions the PSP to be a four part background check to be conducted by high-risk chemical facilities under the CFATS program {6 CFR 27.230(a)(12)(iv)} for personnel granted unescorted access to sensitive or restricted areas within the facility. Only one of those checks would involve data submission to ISCD via a new PSP tool within the current on-line Chemical Security Assessment Tool (CSAT); that would be the vetting against the terrorist screening database (TSDB).

Facilities would have three options for conducting this TSDB vetting:

• Submit a full suite of personally identifiable information (PII) thru the PSP tool;

• Submit a limited amount of PII on personnel holding a credential that already requires a TSA security threat assessment (STA) such as a TWIC, HME.; or

• Electronically verify the validity of the credential and the identy of a person currently holding a TWIC via a TWIC Reader.

The ICR notice still does not include a commitment to notify facilities if a person is identified as having terrorist ties as a result of the PSP TSDB vetting.

Facilities will have the option of having corporate submission of data thru the PSP tool or third party submission of data in addition to the facility submitting the data.

Tier 1 and 2 facilities will have 60-days from the notification that the PSP Tool is up and running to submit their initial data to ISCD and Tier 3 and 4 facilities will have 90-days. Once that initial data dump is completed, facilities will be required to submit data on new individuals 48 hours before they are allowed unescorted access to sensitive or restricted areas as defined in the facility site security plan.

Public Comment

DHS ISCD is soliciting public comments on this 60-day ICR notice. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # DHS-2012-0061). Comments need to be submitted by May 21, 2013.