RBPS 12 - Personnel Surety

RBPS 12 – Personnel Surety is the performance standard facilities are required to complete for all individuals (e.g. employees, contractors, unescorted visitors) who have access to restricted areas or critical assets.

Under this RBPS, facilities are required to perform four types of background checks, including measures designed to:

i) Verify and validate identity
ii) Check criminal history
iii) Verify and validate legal authorization to work, and
iv) Identify people with terrorist ties

Part iv—screening for terrorist ties—is implemented through the CFATS Personnel Surety Program (PSP).

What is a Critical Asset?

A critical asset is an asset whose theft, diversion, loss, damage, disruption, or degradation would result in a significant adverse impact to human life, national security, or a critical economic asset.

Assets include but are not limited to:

  • Physical security infrastructure, activities, procedures, personnel, or measures that comprise all or part of the facility’s system for managing security risks
  • Physical safety infrastructure, activities, procedures, personnel, or measures for managing process safety and emergency response measures
  • Cyber systems involved in the management of processes, process safety, security, product or material stewardship, or business management and control
  • Vessels, process equipment, piping, transport vessels, or any container or equipment used in the processing or holding of chemicals
  • On-site and off-site response protocols
  • Warehouses, vaults, storage bays, and similar infrastructure; and
  • Specially trained, qualified personnel who are engaged in the management of security and safety risk

Security Measures for Personnel Surety

Under RBPS 12, background checks can range from simple employment screening (e.g., using public or commercially available records and investigation to confirm or disprove the accuracy of an applicant’s resume) to comprehensive investigations that consider prior criminal activity, immigration status, credit checks, and potential terrorist ties.

Part i - Measures to verify and validate identity

Covered chemical facilities should consider measures to:

  • Conduct a social security/name trace search to verify that the employee name and social security number match

Results may also be used to cross-reference addresses supplied by the applicant to ensure the integrity of the information on the job application or resume.

Part ii - Measures to check criminal history

Covered chemical facilities should consider measures to:

  • Search Federal, state, and county criminal records in all jurisdictions in which the individual has worked or resided during the previous seven (7) years

Results may uncover any criminal charges, outstanding warrants, dates, sentencing, disposition for felonies and/or misdemeanors, and major traffic violations.  

A second type of search that often is used to check criminal history is a national criminal scan. A national scan serves as a supplement to Criminal History Searches by searching to identify criminal activity in jurisdictions outside of the geographical locations of current and previous residence and employment.

Part iii - Measures to verify and validate legal authorization to work

Covered chemical facilities should consider measures to:

  • Validate legal authorization to work through the filing of U.S. Citizenship and Immigration Services (USCIS) Form I-9: Employment Eligibility Verification or through DHS’s E-Verify program.

Part iv - Measures to identify people with terrorist ties

Part iv—screening for terrorist ties—is implemented through the CFATS Personnel Surety Program (PSP). Because information regarding terrorist ties is not publicly available, the Department screens relevant individuals screened through the Terrorist Screening Database (TSDB).

High-risk chemical facilities will be individually notified of when the Department expects them to begin updating their security plans and begin implementing RBPS 12(iv).

Contact Information

The information provided is derived from the CFATS RBPS Guidance. For additional information on RBPS 12 – Personnel Surety and all other DHS RBPS, please visit the RBPS webpage.

For more information about the CFATS program, please contact CFATS@hq.dhs.gov.

Last Published Date: August 22, 2018

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