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November 25, 2015 issue of the DPSAC NEWS  
In This Issue
Spotlight on . . . Special Government Employees
Latest NED Release Supports RLA Badge Issuance to Clinical Rotators
NOT IN NED = NOT ENTERING ON DUTY
Helpful Tips
FAQs
News Briefs - OMB to Tighten Information Security and Privacy Practices
NED Training Schedule for Remainder of FY '16
Safety Corner - Fire Safety During the Holiday Season

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This is the third in a series of articles spotlighting position classifications that the NIH uses to determine the type of badge it can issue. Based on the individual's classification, s/he will be eligible for either an HHS ID Badge/ PIV Card, an RLA Badge or an NIH Legacy ID Badge.

Determining an individual's correct classification is an important first step in the badge issuance process since it helps ensure that each person requiring access to NIH facilities and resources is vetted appropriately and qualifies for one of the three badge types. 

Each classification also governs whether the individual will be entered into NED, the type of background investigation to be administered, who will conduct the background check (DPSAC or the NIH Police) and the lifecycle of the badge (i.e., less than six months, up to a year, up to 3 years or up to 5 years).*

Classification: Special Government Employee
Who is a Special Government Employee? 
A Special Government Employee (SGE) is a member of an NIH Advisory Council, Board of Scientific Counselors or Program Advisory Committee who receives an honorarium and/or per diem and travel.

SGEs are appointed by the Secretary of the Department of Health and Human Services (HHS), the Director of NIH or the Director of an Institute/Center (IC).

Who is NOT a Special Government Employee?  NIH Boards are comprised of individuals who bring expertise from a multitude of disciplines and represent a wide range of stakeholders and organizations, including government agencies, academia, business, voluntary health organizations, associations, and many other public and private organizations.

An SGE is one of three categories of individuals that make up NIH boards and other formal NIH advisory groups. The other two are 'Federal Employee' and 'Representative.' How these individuals are categorized is based on their affiliation with the organization they represent and whether and how they are compensated for their service.
  • Federal Employee - The NIH federal employee has a PIV Card issued by NIH; a non-NIH federal employee has a PIV Card issued by another federal entity and is subject to the requirements to obtain a PIV Card. Please note that if a federal employee already has a PIV Card, he/she will not be required to complete additional background checks to serve as a Board Member.

  • Representative - This individual is a representative of an organization outside of the federal government, (e.g., the American Lung Association, the American Cancer Society), and not compensated in any way by the NIH. This individual is not in NED and, like an SGE, is subject to a 'name check' to obtain the NIH ID Legacy Badge. This individual will not be fingerprinted. He or she is not a federal employee or contractor.
Pay/Compensation 
An SGE receives an honorarium and/or per diem and travel benefits.
 
Type of badge issued to Special Government Employee
SGEs are issued NIH Legacy ID badges (Figure 1) that are typically good for three years. If SGEs leave before the three years are up, their NED record should be deactivated and their Legacy ID Badge is revoked.
   
Are Special Government Employees entered into NED?
Yes. The IC AO sponsors the SGE in NED for an ID Badge.                                                                                          (Fig. 1) 
Who processes the badge requests for Special Government Employees? 
Once the AO sponsors the SGE for a badge in the NED Portal, NED will automatically notify the NIH Police to conduct a name check on the individual. Once the investigation is favorably completed, NED will notify the SGE via e-mail that his or her badge is ready for issuance.
 
What background investigation is required for a Special Government Employee? 
The NIH Police will run the SGE's name through the FBI's Criminal Information Database (referred to as an NCIC or Name Check). The individual will not be fingerprinted and is not considered a full time federal employee or a contractor.
 
Who issues the ID badge?
The NIH Police or DPSAC can issue the NIH Legacy ID Badge to an SGE. Once the name check is completed, NED will notify the SGE via e-mail that his or her badge is ready for issuance. The SGE has the option of picking up their new Legacy Badge at either the NIH Gateway Center or the DPSAC Badging Office in Building 31, Room B1A26.
 
How long is the badge good for?
Most SGEs are issued a full-term 3-year NIH Legacy ID Badge. If they leave before the full 3 years, their NED record is deactivated and their ID badge is revoked.
What else should you know about a Special Government Employee? 
According to the Office of Government Ethics (OGE) report, Conflict of Interest and the Special Government Employee, A Summary of Ethical Requirements Applicable to SGEs, the SGE category was created by Congress as "a way to apply an important, but limited, set of conflict of interest requirements to a group of individuals who provide important, but limited services to the Government."

An SGE is defined, in 18 U.S.C. §202(a) as "an officer or employee...who is retained, designated, appointed, or employed" by the Government to perform temporary duties, with or without compensation, for not more than 130 days during any period of 365 consecutive days.
As noted in the report, one of the more common types of non-employee from which an SGE must be distinguished is the "Representative."

The report states that "Representatives...typically serve on advisory bodies, and they represent specific interest groups, such as industry, consumers, labor, etc. Like SGEs, Representatives can be appointed by the government for a specified term on a federal advisory committee and they may make policy recommendations to the government. However, representatives can provide only advice.

Moreover, unlike SGEs and other federal employees, Representatives are not expected to render disinterested advice to the government. Rather, they are expected to 'represent a particular bias.' Therefore, Representatives are not deemed employees of the government for purposes of the conflict of interest laws."
The OGE report is posted on the NIH Ethics Program website at: https://ethics.od.nih.gov/topics/oge-sge.pdf.

See also, "NIH Policy Manual 1810-1 - Procedures for Avoiding Conflict of Interest for Special government and other Federal Employees Serving as Advisory Committee Meetings (Release Date: 10/01/14)."

Please note that when an SGE ends his or her term, the NED record should not be deactivated until all travel reimbursements are completed and paid. Deactivating the NED record will cause any pending reimbursements to stop being processed.
Disposition of a Special Government Employee's ID Badge
When SGEs end their employment/affiliation with the NIH, they must turn in their badge to their AO/Sponsor. The AO/Sponsor must return the badge to DPSAC in Building 31, Room 1B03.

* The 'NIH Badging Authority by Classification Table' containing brief descriptions of all position classifications can be viewed on the DPSAC website at: http://www.ors.od.nih.gov/ser/dpsac/badge/Pages/applying.aspx
NED Release v.3.7.6 Supports RLA Badge Issuance to Clinical Rotators

On November 16, 2015, the NED Team deployed maintenance release NED v3.7.6. According to the Team, "the ... release implements functionality to support a new ORS Division of Personnel Security and Access Control (DPSAC) requirement that NIH issue RLA (Restricted Local Access) ID badges to Volunteer-Clinical Rotators instead of NIH ID 'Legacy' badges."

As of November 16, Volunteer-Clinical Rotators entered into NED will be sent to DPSAC for fingerprinting. Upon successful completion of the fingerprint check, these individuals will be issued an RLA badge.  


NOT IN NED = NOT ENTERING ON DUTY   
A version of this article first appeared in the August 5, 2015 DPSAC News.

A significant number of new hires are still showing up at the DPSAC Enrollment Offiice on their Entry on Duty (EOD) day without being entered into NED by their AO. Unfortunately, DPSAC staff must send these individuals back to their AOs to be entered into NED before they can be enrolled and issued an HHS ID Badge (PIV Card).

According to DPSAC, on a given EOD day, DPSAC staff will regularly send as many as 25 new hires back to their AOs to be entered into NED. Remember, no further action can be taken for these individuals by either OHR or DPSAC because they can't be 'seen' in the system by DPSAC. "Not in NED" translates to being invisible to DPSAC.

An additional 10 to 15 applicants requiring changes to their NED records, particularly updates to their status or position classification, will also be sent back to their AOs for changes to their NED record so they can be issued a new HHS ID Badge.

According to DPSAC, it is now imperative that new hires be entered into NED ASAP! Why? Because DPSAC needs to gather their Personally Identifiable Information or PII (Full Legal Name, SSN, Date of Birth and Place of Birth) in order to check OPM's database to see if the individual has a closed background investigation on file. This search requires DPSAC to have the individual's PII from the NED data entry. 

The check of the OPM database may indicate that the future new hire may not need another background investigation, thus saving the IC money and saving the new hire the time needed to complete background investigation paperwork.

Entering the person into NED also saves DPSAC time since it won't have to initiate a new background investigation, review the investigation when it is returned and release it to OPM. This obviously speeds up the new hiring process for DPSAC, OHR and the IC.

DPSAC is urging the administrative community to enter future new hires into NED as soon as possible so that DPSAC can determine if a new background investigation is needed.

Simply stated: Not in NED = Not Entering on Duty
 
Helpful Tips

Do not lend your ID badge to anyone! -- lending out your ID badge is prohibited. The issuance of ID badges is based on strict identity proofing and the determination of one's suitability for a specific position classification.
 
AOs who wish to obtain sponsor authority -- must complete the sponsor training (see: http://www.ors.od.nih.gov/ser/dpsac/Training/Pages/administrators.aspx) and e-mail a copy of your signed certificate to the NIH HSPD-12 Program Office at hspd12@od.nih.gov. Upon receipt of the certificate, the Program Office will authorize the AO as a sponsor.
ICs that want to add Lifecycle Work Station (LWS) operators to the approved roster -- send a written request to Richie Taffet at: taffetr@mail.nih.gov. Your request should include:  
  • the new operator's name
  • his/her IC
  • his/her NED number
  • the operator's e-mail address, building/room and phone number
Once Mr. Taffet has approved the request, he will forward the name(s) to HHSIdentityAdmins@deloitte.com to complete the approval process, add the name(s) to the LWS operator roster, and inform the IC that the individual is now approved to operate the LWS.

Need to make changes to the LWS operator directories? -- drop an e-mail to Lanny Newman, newmanl@mail.nih.gov, and let him know what needs changing (e.g., adding new operators or LWS locations, removing operators, etc.). Remember, before a new operator can be added to the LWS directory, s/he must first be approved by Richie Taffet (see preceding Helpful Tip).

If an LWS is not available in your IC or your immediate area, and you work in the greater Bethesda or Rockville area -- please call 301-451-4766 or 301-402-9755 to schedule an appointment with the Division of Personnel Security and Access Control located in Building 31, Room B1A26 or in Building 10, South Lobby, Room 1C52.    
 

Know someone who could benefit by receiving DPSAC News? -- have the person contact Lanny Newman, newmanl@mail.nih.gov, and ask to be put on the mailing list.   
 
FAQ

Q. Our Institute has invited an individual from Minnesota to speak at an upcoming meeting being held on the NIH campus in mid-December. Since this person is from Minnesota, his driver's license does not meet the REAL ID ACT requirement for identification to access the NIH campus.  However, this person does have a 'Global Entry Card.' Will he be able to access the campus with that card?
      
A. Yes. Global Entry is a U.S. Customs and Border Protection (CBP) program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States.

According to the Associate Director for Security and Emergency Response, the Global Entry Program screening and identity verification processes correspond to HSPD-12 procedures. Therefore, if a person has a Global Entry Card with a picture and RFID chip, it suffices for access to NIH.

Note: the REAL ID Act will also affect identification requirements for air travel as of January 1, 2016. 


News Briefs

OMB to Tighten Information Security and Privacy Practices

On Oct. 21, the Office of Management and Budget (OMB) released for public comment the first revisions in 15 years to OMB Circular No. A-130 aimed at improving management of Information Technology (IT) investments, tightening information security practices and streamlining government-wide acquisition of new technology.

The circular's revised Appendix I on managing and protecting personally identifiable information provides ... "best practices" to retain confidentiality in line with privacy controls outlined by the National Institute of Standards and Technology.

The revisions to A-130 also will include a requirement that agencies designate a senior agency official for privacy (called a SOAP) to conduct regular privacy impact statements.

The proposed revisions to the Circular are the result of new statutory requirements and enhanced technological capabilities since the last update to the Circular in 2000. Modernizing this policy will enable OMB to provide timely and relevant guidance to agencies and will ensure that the Federal IT ecosystem operates more securely and more efficiently while saving tax dollars and serving the needs of the American people.

The proposed Circular reflects a rapidly evolving digital economy, where more than ever, individuals, groups, and organizations rely on information technology to carry out a wide range of missions and business functions. Information technology changes rapidly and the Federal workforce managing IT must have the flexibility to address known and emerging threats while implementing continuous improvements.

This update acknowledges the pace of change and the need to increase capabilities provided by 21st century technology while recognizing the need for strong governance and safeguarding of taxpayer funded assets and information.

The proposed guidance is now open for public comment on this page. The public feedback period has been extended by 15 days. The new deadline for public feedback is December 5, 2015. Following the public feedback period, OMB will analyze all submitted feedback and revise the policy as necessary.

NED Training Schedule Offers a Class a Month for the Balance of FY '16 

A total of 10 NED training classes will be offered (one each month) between December 2, 2015 and September 13, 2016 for new and relatively inexperienced NED Portal users with an Administrative Officer (AO) or Administrative Technician (AT) role.

Each class will provide an overview of the NED Portal and the NIH business functions it supports from the perspective of a NED Portal user with the AO or AT role.

Upon completing the course, students will have a solid working knowledge of the NED Portal and be able to perform the following tasks: Register/Activate, Update, Modify, Transfer, Badge Renewal and Deactivate.

The course will also familiarize students with other aspects of the NED Portal so they can set their primary SAC coverage using Preferences, determine the status of a person's ID badge and/or network account request, look up and view information in a person's NED record and utilize NED reporting capabilities.

To register for one of the classes listed below, go to: http://training.cit.nih.gov/class_details.aspx?cId=NIHCIT-GN142. 

 

Safety Corner 

Fire Safety During the Holiday Season Holiday lights 2
The following fire safety awareness article was prepared by the Division of the Fire Marshal, ORS

With the approach of the holiday season, many of us look forward to decorating our workplace. When planning, here are some practical guidelines to minimize fire hazards.

Many of these fire safety tips are equally appropriate for your home as well.
  • Christmas trees may be displayed beginning Monday, November 30, 2015 through Friday, January 8, 2016.
  • Only small artificial trees are permitted in laboratory areas.
  • The height of natural trees is limited to four feet. Be sure that the tree base is submerged in water at all times.
  • Display trees and decorations away from room exits in a manner that does not obstruct entering or leaving the room. Trees are not permitted in corridors or stairwells.
  • All artificial trees and decorations must be made of flame retardant or non-combustible materials. Non-combustible decorations are safer and preferred.
  • Open flame candles (including menorahs with real candles) are not permitted.
  • Because of the risk of electrical shock, lights are not to be used on aluminum trees.
These guidelines apply only to Bethesda main campus facilities. For other NIH occupied facilities, contact your local fire department for guidance.
The Division of the Fire Marshal, ORS, wishes everyone the happiest of holidays and a fire-safe and prosperous New Year.

If you have any questions concerning holiday fire safety issues in the workplace, or in the home, please contact the Office of Research Services, Division of the Fire Marshal at 301-496-0487.

A biweekly e-newsletter from the Office of Research Services, Division of Personnel Security and Access Control (ORS/DPSAC) to keep you informed as NIH rolls out "Homeland Security Presidential Directive 12" (HSPD-12) establishing a common identification standard to better safeguard NIH and its workforce.