ATCH_3_-_Base_Access_Memo.pdf

Sol # FA4801-13-T-0004

Base Access/Contractor Background Checks Inquiry

1. Base access waiver request and instructions documents (Appeal Process/Instruction): If an individual contractor was denied installation access as a result of an unfavorable background check and cross referenced with the attached matrix, the individual and contractor are advised that the individual in question, has received an unfavorable background check and that the information in the check cannot be released outside of Law Enforcement agencies. They are then advised how to obtain information concerning their record and the appeal process and provided written step-by-step instructions on how to do same (see page 4).

The process is as follows; if past criminal history is unknown: The individual must send a written request to the Federal Bureau of Investigations, Criminal Justice Information Services Division and attach an $18.00 check. Additionally, they must submit a complete set of (rolled inked fingerprint impressions), with name, date, and place of birth which can be obtained from the local police departments.

Once the individual receives the information pertaining to their background from the FBI, they must then submit a letter of memorandum explaining the negative information identified in the background check and justification as to why the decision to be denied access should be reconsidered. Furthermore, a character reference letter will be required by their immediate supervisor along with a letter from the sponsoring unit commander requesting the contractor employee be authorized access.

2. Procedures for contractors to submit access requests for pre-approval (prior to work): Contractors are able to proceed with contractor employee installation access paperwork when given the order to proceed at the final preconstruction meeting. The final preconstruction meeting occurs 14-30 days prior to the project start date. At that time, the contractor is provided all the paperwork and instructions required for their employees to be granted installation access. The background checks are then completed by Holloman AFB (HAFB) Security Forces (SF). The background checks are completed an average of 3 business days upon receipt but will not exceed 5 business days.

3. Instructions and POCs for contractors to follow if they opt to vet their employees' criminal records with downtown law enforcement: Contractors have two options to pre-vet all their employees prior to the HAFB SF background checks. Note: If the contractor decides to pursue one of the two options below along with option A, it will not preclude the HAFB SF from completing background checks. The two options are there for contractor employee pre-hire/vetting purposes.

Option-1: They may contact the NM state police who will give them instructions and paperwork to complete. Once the paperwork is completed, the paperwork will need to be sent to Santa Fe, NM along with associated fees. From there, the NM State Police will then run a State wide background investigation and return the results. The address to send the paperwork to is included in the instructions provided by the State Police. Go to http://www.dps.nm.org to complete the authorization for release of information form.

Option-2: They may contact Alamogordo Department of Public Safety or the Otero County Sheriff's department. There is no fee associated with either of these checks. However, these checks are local only and will not provide the same results as the check conducted by the state of New Mexico (option 1) or the

HAFB SF.

Option-A: E-Verify (formerly the Basic Pilot/Employment Eligibility Verification Program) is an online system operated jointly by the DHS and the SSA and can be accessed via the following web address: http://www.dhs.gov/files/programs/gc_1185221678150.shtm Participating employers can check the work status of new hires online by comparing information from an employee's I-9 form against SSA and DHS databases. E-Verify is free and voluntary, and is the best means available for determining employment eligibility of new hires and the validity of their Social Security numbers.

July 2012

Attachment 3 Page 1 of 4 http://www.dps.nm.org/ http://www.dhs.gov/files/programs/gc_1185221678150.shtm

July 2012 Attachment 3 Page 2 of 4

ACCESS DENIED: DENIES ACCESS TO THE INSTALLATION NOT EMPLOYMENT

OFFENSE Incident Occurred within the Past 5 yrs.

inIncident Occurred Between 5-10 yrs.

Incident Occurred Over 10 Years Ago

Not guilty, Insufficient Evidence, Deferred Disposition, etc…

Unescorted Entry Unescorted Entry Unescorted Entry

Possesion of Narcotics Less Than One Gram

Unescorted Entry Unescorted Entry Unescorted Entry

Vehicle Violations Unescorted Entry Unescorted Entry Unescorted Entry Public Intoxication Unescorted Entry Unescorted Entry Unescorted Entry Harassment Unescorted Entry Unescorted Entry Unescorted Entry Embezzlement Unescorted Entry Unescorted Entry Unescorted Entry Battery Escort Required Unescorted Entry Unescorted Entry Child abuse Escort Required Unescorted Entry Unescorted Entry Assault Escort Required Unescorted Entry Unescorted Entry Damage to Private Property Escort Required Unescorted Entry Unescorted Entry Failure to Identify Fugitive from Justice Escort Required Unescorted Entry Unescorted Entry

Possession of Stolen Property Escort Required Unescorted Entry Unescorted Entry Eleuding Authorities/Evading Arrest Escort Required Unescorted Entry Unescorted Entry Negligent Dishcharge of a Firearm Escort Required Unescorted Entry Unescorted Entry Probation Violation Escort Required Unescorted Entry Unescorted Entry Possession/Distribution Escort Required Unescorted Entry Unescorted Entry Forgery/Fraud Escort Required Unescorted Entry Unescorted Entry Theft/Burglary Escort Required Unescorted Entry Unescorted Entry Assualting and Officer Escort Required Unescorted Entry Unescorted Entry DWI/DUI conviction (**No Driving for first year from date of conviction.**)

Escort Required (See note bleow)

Unescorted Entry Unescorted Entry

Identity Theft Escort Required Unescorted Entry Unescorted Entry Weapons Violation Escort Required Escort Required Unescorted Entry Counterfiet Money Escort Required Escort Required Unescorted Entry Possession of Gambling Device Escort Required Escort Required Unescorted Entry Harassment through Telephone Escort Required Escort Required Unescorted Entry False Imprisonment Escort Required Escort Required Unescorted Entry Assault on a Family Member (habitual offender)

Escort Required Escort Required Escort Required

Tampering with Govenrment Documents Escort Required Escort Required Escort Required

Street Robbery Access Denied Escort Required Unescorted Entry Aggraveted Assault Access Denied Escort Required Unescorted Entry Aggravated Burglary Access Denied Escort Required Unescorted Entry Multiple counts of Dangerous Drugs Access Denied Escort Required Unescorted Entry Alien Smuggling Access Denied Escort Required Unescorted Entry Contribution to the Delinquency of a Minor

Access Denied Escort Required Unescorted Entry

Unlawful Possession of a Firearm Access Denied Escort Required Unescorted Entry Carrying of a Conceald Weapon Access Denied Escort Required Unescorted Entry Multiple counts of Forgery Access Denied Escort Required Unescorted Entry Child Endangerment, Domestic Abuse, Criminal Endangerment

Access Denied Escort Required Escort Required

Grand Theft Auto Access Denied Escort Required Escort Required

July 2012 Attachment 3 Page 3 of 4

OFFENSE Incident Occurred within the Past 5 yrs.

inIncident Occurred Between 5-10 yrs.

Incident Occurred Over 10 Years Ago

Terroristic Threats Access Denied Access Denied Access Denied Trafficking/Importation of Illegal Substance

Access Denied Access Denied Access Denied

Assault with a Deadly Weapon Access Denied Access Denied Access Denied Armed Robbery Access Denied Access Denied Access Denied Habitual Drug Offender Access Denied Access Denied Access Denied Inciting Riot Access Denied Access Denied Access Denied Peeping Tom Activities Access Denied Access Denied Access Denied Murderous Intents Access Denied Access Denied Access Denied Any Active Warrants Access Denied Access Denied Access Denied Any Felony Pending Charges or Convictions

Access Denied Access Denied Access Denied

Homicide Access Denied Access Denied Access Denied Any Sexual Offenses Access Denied Access Denied Access Denied Unlawful Bomb Scares Access Denied Access Denied Access Denied Any Unconfirmed SSN Access Denied Access Denied Access Denied Manufacturing & Selling Deadly Weapons Access Denied Access Denied Access Denied

Vehicular Homicide/Murder Access Denied Access Denied Access Denied Involuntary/Vehicular Manslaughter Access Denied Access Denied Access Denied Note: Individuals with a DWI/DUI convition within the past 5 years may be granted unescorted entry, however, they will not be granted base driving privileges All individuals who are Denied Access to HAFB can appeal their entry status. The individual will receive an appeal process briefing and documentation from a member of the HAFB Welcome Center Staff. Once the appeal has been reviewed, installation entry will be determined on a case by case basis.

I.A.W. AFI 31-101 ACC Sup I

2.4.3.1.6.1. (Added-ACC) Unescorted visitors must produce a valid government issued picture credential prior to being granted entry. This is to verify their identity as the sponsored person.

2.4.3.1.5. (Added-ACC) The following supplemented guidance further clarifies para 2.4.3.1. Proper Escort within ACC means the visitor is within reasonable control of the escort: for example they are in the same vehicle, staying in the same quarters, working in the same facility, group size is small enough for the escort to keep track of all members of the group, etc. Visitors who will not remain within reasonable control of the escort are not under escort and must meet rules for unescorted visitor entry. DOD, or other federal, state or local government credentials must contain a picture to be considered valid. Telephone vouching is prohibited for visitors requiring proper escort.

//SIGNED// 13 July 2012

DAVID J. BOYD, Lt. Col, USAF Commander, 49th Security Forces Squadron

Sol# FA4801-12-R-xxxx

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 49TH WING (ACC)

HOLLOMAN AIR FORCE BASE, NEW MEXICO

MEMORANDUM FOR APPELLANT

FROM: 49 SFS/CC

SUBJECT: Appeal Process

1. This memorandum is to explain the appeal process for personnel requesting access to Holloman AFB after an initial decision has been made giving them access other than unescorted.

The 49th Security Forces Squadron Welcome Center processes all visitors and conducts a Federal Interstate Identification Index (III) background check through the National Crime Information Computer (NCIC). The information obtained for NCIC is for law enforcement use only and cannot be released to personnel outside law enforcement agencies. To obtain information concerning your record, send a written request to the Federal Bureau of Investigation, Criminal Justice Information Services Division. The process requires a fee of $18 U.S.D. made payable to the Treasury of the United States by money order or check. The FBI will verify the record and advise you of the appropriate state agency to contact. If it is a federal record, the FBI will advise you to comply with procedures set forth in Attorney General Order 556-73. Written requests must be submitted with a complete set of rolled inked fingerprint impressions, name, date, and place of birth. All written request must be sent to:

Federal Bureau of Investigation, CJIS Division Attention: Special Correspondence Unit, Module D-2 1000 Custer Hollow Road Clarksburg, West Virginia 26306-0171

2. Per HAFB IDP 101, Integrated Base Defense Plan, Para 3.7.5. appeal process, contractor employees may appeal the decision to be denied access to the installation. They will be required to provide a letter of memorandum explaining the negative information identified in the background check and justification as to why the decision to be denied access should be reconsidered. A character reference letter will be required to be provided by their immediate supervisor along with a letter from the sponsoring unit commander requesting the contractor employee be authorized escorted or unescorted access to the installation. Upon receipt of all three letters, 49 SFS/S5AV will forward the letters to the MSG/CC or designee.

//SIGNED// 12 July 12

DAVID J. BOYD, Maj, USAF Commander, 49th Security Forces Squadron