This is the Chemical Facility Anti-Terrorism Standards (CFATS) Advisory Opinion 2016-001: RBPS-12 Background Check Requirements for Legacy Employees.
Summary: Under CFATS, covered chemical facilities must ensure that background checks are conducted on certain individuals with or seeking access to restricted areas or critical assets. See 6 CFR 27.230(a)(12). The attached letter addresses the requirement to conduct these background checks on legacy/long-time employees in addition to conducting them on newer employees. The Agency's longstanding position and interpretation of 6 CFR 27.230(a)(12) is that background checks are required to be conducted for all facility personnel with access to restricted areas or critical assets at high-risk chemical facilities, regardless of their length of service, as described in more detail in the attachment.
Learn more about the CFATS Advisory Opinions.