CFATS Personnel Surety Program
IME has filed comments opposing burdensome and unworkable requirements of DHS’s proposal Personnel Surety Program PSP. The program is the last element DHS needs to finalize to make the CFATS program for chemical facility security fully operational. However, certain program elements are without statutory foundation and do not comport with Executive Orders to avoid program duplication and to opt for regulatory solutions that impose the least burden. In 2012, DHS’s original PSP proposal was withdrawn in the face of industry opposition. Regrettably, the agency’s reproposal still does not address that core concerns. By law, DHS may not require facility to use any metric to meet risk-based performance standards, including the one for personal surety. DHS has no statutory or regulatory authority to demand that it verify and validate credentials or clearances of individuals who have been cleared by other federal vetting programs including ATF’s program to clear employees by possess explosives. IME is meeting with OMB to discuss these and other concerns.