The Background Investigator November 2016 Edition

Volume 16 Number 11 November 2016

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THROWBACK SCREENING Bruce Berg Barry Nixon Steven Brownstein These 3 alone can provide insight into background screening that only experience and knowledge can provide.

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Leave It To The Government A company connected to the massive hack targeting the Office of Personnel Management two years ago has been rehired by the US government.

Keypoint, which processes background investigations on behalf of its clients, will provide its vetting services for a new government agency that was set up in the wake of the 2014 intrusion.

The hack, which came to light last year, grabbed more than 22 million records of Americans who had applied for security clearance to work for the government. That data included background investigation and vetting records of current, former, and prospective federal employees and contractors, as well as some mental health and financial records. Later reports showed as many as 5.6 million fingerprints were stolen in the breach.

It was one of the largest breaches of government data in US history that was entirely preventable, according to a congressional report.

trol of a list of usernames and passwords used to access the OPM's databases, which led to the larger intrusion.

number of clearance requests.

According to the news agency, one investigator found that when the OPM The newly formed Nation- fired one of its core conal Background Investigatractors, its backlog in tions Bureau will also work clearance investigations Though the government still hasn't said how it was with three other contractors rocketed. hacked, all signs pointed to to process the thousands of 80 days. applications it receives The hope is that the NBIB China, which denied the each month. can cut down the proWhen you REALLY need allegations. something done, call cessing time of higherSTEVEN Contractors are a key part range clearances by more Keypoint has repeatedly BROWNSTEIN been accused of losing con- of processing the massive than half, from 170 days to

ground Investigations Bureau, Phelan will lead a partnership with the Pentagon, tasked with setting up a more robust IT backbone for background check processes. NBIB, which will absorb personnel from the previous Federal Investigative Services, will remain within OPM, while the Defense Department is largely responsible for the technology, called the National Background Investigation System.

Feds Ramp Up Their Background Check Systems

system is underway.

The Office of Personnel Management's new background check agency will be led by Charles Phelan, formerly vice president of corporate security for Northrop Grumman.

Following a massive intrusion into federal background check records, a plan to revamp the technol- In addition to heading up ogy underlying that records the new National Back-

ture," per DOD Chief Information Officer Terry Halvorsen. "Among improvements from the old system are capabilities that ensure no single user can access all system data and ways to better protect data at rest," he explained.

Earlier, DISA issued a request for information about commercial technology that could support NBIS. The system would have to automate the process that decides what type of check an individual needs to undergo and allow applicants to submit their own supporting information online, among other features.

Under Phelan, OPM plans to create a new office to automate background inBefore NBIB vestigation records collecopens, OPM has tion; the Federal Investigaa "detailed blueprint to tive Records Enterprise guide our efforts," accord- would also set up data exing to Acting Director Beth changes for records and Cobert. protocol on how to incorporate other sources such as "The Defense Information social media checks.

Systems Agency (DISA) has already started architecting the NBIS infrastrucNO DELAYS

Halvorsen noted OPM's new CIO, David DeVries, had been his deputy at DOD and would be a large part of their collaboration.

When DeVries' hire was announced in August, Halvorsen said he would still provide input to DOD while he worked at OPM.

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The Background Investigator is published by Steven Brownstein, LLC,

PMB 1007, Box 10001, Saipan, MP 96950. Phone: 670-256-7000. Copyright 2016 by Steven Brownstein. Some material in this publication must not be reproduced by any method without the written permission of the copyright holder.

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Northern Ireland Attempts Even As UK Failed Workers from Germany, Lithuania, Poland, Portugal, Romania and Spain will be checked to see if they have a UK or home country conviction.

Employers can continue to obtain a certificate of good conduct from any country that an AccessNI criminal records check applicant may come from.

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However, for the countries within the scope of this project, AccessNI will automatically obtain any criminal record information available and, if relevant, disclose this on AccessNI certificates.

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Les Rosen’s Corner

A monthly column

By Lester Rosen, Attorney at Law

certificate you must have a National Identity Card (DNI) and a Multired card from the National Bank to complete the payment online. It should be noted that in two or three months the system will allow you to issue the payment with any credit or debit card from any bank.

Once payment is made, the user obtains a registration code that will be used during the whole online process. Completed the process, an electronic PDF file will be generated with a digital signature.

The printing of this file will include a verification Peru Simplifies code that will validate its authenticity, as a way to Record Check prevent it from being counThe judicial branch imple- terfeited. mented a system that al“With this system, users lows for any citizen to obcan save time and money tain this certificate in real time and from anywhere in by avoiding tips to an agency of the National Bank the country. and then to a judicial office The judicial branch imple- to issue the document,” announced the Judiciary in a mented a system that allows for any citizen to ob- statement.

Not this Month

tain in real time and from anywhere in the country their Electronic Criminal Record Certificate (CAPE).

As it was reported, this new service is safe, reliable and fast. Citizens can access it through the institution’s web portal (www.pj.gob.pe) and it allows the user to process and print the document from your home, office or anywhere with internet access.

To process your CAPE

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A Note From Phyllis Nadel

Details About The Fed's New Security Clearance Organization And Processes Officials promise the National Background Investigations Bureau (NBIB) will be a much different organization than its predecessor, the Federal Investigative Services.

“It will have a politically appointed director, will be headquartered in D.C. and be a full member of the Performance Accountability Council, so it aligns with customers for increased accountability and formulation of policy. That is key,” said Jim Onusko, transition leader of the NBIB, during the INSAAFCEA National Security Summit. “With the NBIB transition team, nothing is done in a vacuum. We work closely with the transition advisory group, including the Defense Department, the Director of National Intelligence, the Office of Management and Budget and other federal agencies. In addition, we’ve created eight new key functions for the NBIB to transform how the government performs background investigations. In addition to those eight new key functions, we also enhanced seven legacy functions to more effectively and efficiently perform those investigations.”

Onusko said one key new function is the creation of a Senior Executive Service (SES) position to lead the

Federal Investigative Rec- the backlog of security ords Enterprise (FIRE). clearance cases is more This person’s charge will than 500,000. be to automate and digitize the NBIB’s processes.

OPM told the senators that “secret cases are taking 105 OPM offered more details days to complete and initial on the NBIB in a Sept. 2 top secret cases are taking letter to Sens. John Tester 214 days.”

(D-Mont.) and Claire McCaskill (D-Mo.). Tester Under the Intelligence Reand McCaskill wrote to form and Terrorism PreOPM asking for an update vention Act of 2004, Conon the NBIB on Aug. 23. gress mandated OPM complete 90 percent of all iniIn the letter, OPM provid- tial security clearance ined more specifics around vestigations in 40 days and the makeup of the NBIB. the 90 percent of the initial For example, along with top secret investigations in the FIRE directorate, the 80 days.

NBIB also will include an Engagements and Customer “FIS is also undergoing a Service office, which will business process reinclude a newly established engineering effort, which law enforcement liaison to includes identification of promote and augment the continuous process imexchange of vital electronic provements that may also records, and a Business ultimately result in investiTransformation directorate, gative capacity and process which will focus on dataefficiencies,” OPM stated driven decisions and poli- in the letter. “The BPR cies to support strategic team has met with the larggoals. est investigations stakeholders to explore ‘pain Several other interesting points’ and identify targets details emerged such as the for process improvements.

NBIB will have 8,500 em- For example, improved auployees, including 3,000 tomation in front-end infeds and 5,500 contractors. vestigations processing proOPM said it hired 400 new duces benefits throughout federal investigators in fis- the investigation review, cal 2016 and plans to add closing and delivery proanother 200 in 2017. cess. The BPR results will help generate requirements OPM also recently award- to inform DoD on the deed a contract to four venvelopment of a next generadors to support the work of tion case management sysfederal investigators to do tem for the NBIB.” background investigations and begin addressing the Onusko said there is no backlog of cases. quick fix to reducing the time it takes to complete an Currently, Onusko said investigation or the back-

log. But OPM continues to look at a broad range of solutions, including working with customer agencies to optimize access to federal employees who need new or renewed investigations. OPM also hired back retired investigators and offered current ones overtime pay.

tem using a modern technology stack, digitizing Standard Form 86 and importing existing data through an API. Bids are due Sept. 20.

OPM also expects the cost of security clearance investigations to rise in 2017 and 2018. Onusko said the 2017 pricing schedule for securiOPM offered few new de- ty clearance should be fitails on DoD’s progress or nalized later in September. efforts to develop the NBIB’s IT infrastructure.

“Amongst other business process improvements The agency stated it NBIB will be able to delivwould make some short er to its customers, in the term IT improvements future, NBIB expects to be based on its Digital Trans- able to better align pricing formation Strategy. with the federal budget timeline,” OPM stated in “The initial phase of this the letter. “This initiative plan is to enhance existing was developed as a result legacy systems currently of structured engagements hosted by OPM to address with customer agencies and new critical functional, user is supported by a study and security requirements,” done by DoD’s Cost AsOPM stated. “Concurrently, sessment and Program OPM and DoD, in partner- Evaluation (CAPE) organiship with GSA’s 18F team, zation in concert with OPM has launched a project to and key stakeholders.” modernize the eApplication process and associated sys- A spokesman for Tester tems. The prototype of this said the senator “still has modernized system is tar- some very strong concerns geted for first quarter of about the National Back2017.” ground Investigations Bureau. Until he is able to Part of that work with 18F meet with the bureau’s peris refreshing the Electronic manent director and get Questionnaires for Investi- more specific answers gations Processing system about the ‘new’ entity, he (e-QIP). 18F issued a solic- remains skeptical that the itation Sept. 6 through its NBIB will be capable of agile development blanket properly vetting folks who purchase agreement to re- want access to our nation’s place the 13-year-old sys- most sensitive information tem. OPM and 18F wants a and locations.” contractor to build a frontend software application prototype of the e-QIP sys-

Dennis Brownstein’s Extreme Court News (And Other Things, Too)

http://extremecourtnews.blogspot.com/ could be imposed on any person or company deemed to have fallen law," he said. He short. The overriding prinadded that they can make ciple: “If trust is broken in sure that the information one place, restrictions are courts disclose is accurate imposed everywhere.” A and also avoids unneceswhole range of privileges sary privacy leaks, such as would be denied, while releasing verdicts involving people and companies children or the personal information of litigants in marriage disputes.

Also From China: In this world, anything from defaulting on a loan to criticizing the ruling party, from running a red light to failing to care for your parproperly, could cause China Likes USA ents you to lose points. And in Openness this world, your score becomes the ultimate truth of Emulates who you are – determining Aiming to increase judi- whether you can borrow cial transparency, an offi- money, get your children into the best schools or cial of China's top court travel abroad; whether you said that Chinese courts have been asked to improve get a room in a fancy hotel, the quality of data they dis- a seat in a top restaurant – or even just get a date. close. The great achievements in judicial openness This is not the dystopian of the past three years will superstate of Steven Spielcontinue. berg's Minority Report, in which all-knowing police At the November 10 pubstop crime before it haplic unveiling of the top pens. But it could be China court's internal work databy 2020. It is the scenario base, Xu Jianfeng, director contained in China's ambiof information center at the tious plans to develop a farSupreme People's Court said: "To ensure the quality reaching social credit system, a plan that the Comof disclosed information and provide better legal ser- munist Party hopes will vices for residents will be build a culture of main tasks for courts at all “sincerity” and a “harmonious socialist socilevels." ety” where “keeping trust is "The new database can be glorious.” called our information hub.

It will disclose to the public A high-level policy document released in September the trials that should be open in accordance with the listed the sanctions that

breaking social trust would also be subject to expanded daily supervision and random inspections.

assign each of them a score based on their political, commercial, social and legal “credit.”

The ambition is to collect every scrap of information available online about China's companies and citizens in a single place – and then

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NJ Lawsuit About Access To Court Records

a decision rendered earlier this year by an Atlantic/ Cape May County Superior Court judge who said outof-state residents have no right to benefits of the act.

Information and Resource Center's (EIRC) denial for records filed under OPRA because he was not a state resident. Attorney C.J. Griffin, of Pashman Stein A New Jersey Superior Walder Hayden, representCourt judge has determined that a Georgia man can ac- Peter Heimlich, an Atlanta ed Heimlich and specializes cess state records under the -based investigative blog- in First Amendment law. ger, filed a lawsuit in June Griffin also represented the Open Public Records Act (OPRA). That differs with challenging the Educational North Carolina man who

sought records from the City of Cape May mostly related to a police department compensatory time issue.

In that case, Superior Court Judge Nelson C. Johnson determined that Harry Scheeler, who lives in North Carolina, had no

right to access city records under an OPRA lawsuit because the state Legislature did not intend that a "non-resident, nontaxpaying, out-of-state gadfly" be entitled to its benefits.

It was the first case in the state in which a non-citizen had been denied access to public records.

In delivering her ruling orally Oct. 13, Assignment Judge Georgia Curio, of the Cumberland-SalemGloucester vicinage, joined judges from Ocean and Burlington counties who have ruled that "any person" may request government records under OPRA. Griffin said the case of Scheeler v. Cape May currently is on appeal; the case has been briefed but has not been argued.

"The public benefits when government records are made publicly available, regardless of whether they were requested by a local resident or by a journalist who wishes to publish a news story on a newsworthy event occurring in New Jersey," Griffin said.

According to Heimlich, he has filed other records requests in the Garden State without any problems so he "wasn't thrilled to learn about Judge Nelson Johnson's ruling in Scheeler v.

Cape May. My reaction was, 'Yesterday I could get my records requests filled, but today I can't?'"

As soon as the court signs the order, EIRC have seven business days to produce the records Heimlich requested for a story he is investigating.

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