Privacy Act of 1974; System of Records, 17328-17331 [E8-6632]

Agencies

• DEPARTMENT OF DEFENSE
• Navy Department

[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Notices]
[Pages 17328-17331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6632]


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DEPARTMENT OF DEFENSE

 Department of the Navy

[USN-2008-0017]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice to Amend a System of Records

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SUMMARY: The Department of the Navy is amending a system of records 
notice in its existing inventory of record systems subject to the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
May 1, 2008 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy 
Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, 
Washington, DC 20350-2000.

FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545.

SUPPLEMENTARY INFORMATION: The Department of the Navy systems of 
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the address above.
    The specific changes to the record system being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The proposed amendments are not within the purview of 
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, 
which requires the submission of a new or altered system report.

    Dated: March 26, 2008.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N01070-12

System name:
    NCIS Administrative Files System (February 22, 1993, 58 FR 10702).

Changes:
* * * * *

System location:
    Delete entry and replace with ``Primary: Director, Naval Criminal 
Investigative Service, Washington Navy Yard, Building 111, 716 Sicard 
Street, SE., Washington Navy Yard, DC 20388-5380.

Decentralized Segments: Naval Criminal Investigative Service Field 
Offices (NCISFOs) retain duplicate copies of certain segments of the 
administrative files. Official mailing addresses are published in the 
Standard Navy Distribution List that is available at https://
doni.daps.dla.mil/sndl.aspx.''
Categories of individuals covered by the system:
    At end of entry, add ``Persons communicating by correspondence with 
DON and NCIS.''

[[Page 17329]]

Categories of records in the system:
    Delete para 6.

Add the following new paras: ``Full name, Social Security Number (SSN), 
grade level, duty station, special qualifications, or language 
qualifications, date and place of birth.
    Unsubstantiated reports to DON components from members of the 
public alleging imminent invasion, plots, and similar events of a 
delusional nature and assorted ``crank'' letters.
    Unsolicited letters and other communications received by or 
referred to NCIS for analysis and inquiry when contents convey or can 
be interpreted to convey a possible threat to DON persons or 
property.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 5013, Secretary of the 
Navy and E.O. 9397 (SSN).''

Purpose(s):
    Delete last para and replace with the following new paras: ``The 
records in this system may be used by other DoD components requiring 
confirmation of security clearance levels and for statistical purposes.
    Unsolicited letters and other communications received by or 
referred to NCIS for analysis are used to determine if a possible 
threat exists or might exist at a later date upon the receipt of 
additional correspondence. When a threat is determined possible, a 
formal investigative case is opened.''
* * * * *

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Delete entry and replace with ``Automated, electronic media, and 
paper records.''

Retrievability:
    Delete last para and replace with the following two paras: ``For 
unsubstantiated reports to DON components from members of the public 
alleging imminent invasion, plots, and similar events of a delusional 
nature and assorted ``crank'' letters unsolicited suspicious by name.
    For unsolicited letters and other communications received by or 
referred to NCIS for analysis, retrieved by name.''
* * * * *

Retention and disposal:
    Delete last entry and replace with the following two paras: 
``Unsubstantiated reports to DON components from members of the public 
alleging imminent invasion, plots, and similar events of a delusional 
nature and assorted ``crank'' letters are deleted 1 year. Early 
destruction is authorized if determined no longer pertinent by annual 
review.
    Unsolicited letters and other communications received by or 
referred to NCIS are deleted 50 years after last entry except paper 
copy of imaged correspondence which is destroyed upon verification that 
the record copy has been fully and accurately converted to electronic/
optical images.''

System manager(s) and address:
    Delete entry and replace with ``Director, Naval Criminal 
Investigative Service, Washington Navy Yard, Building 111, 716 Sicard 
Street, SE., Washington, DC 20388-5380.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether this system of records contains information about themselves 
should address written inquiries to the Director, Naval Criminal 
Investigative Service, Washington Navy Yard, Building 111, Code 00LJF, 
716 Sicard Street, SE., Washington, DC 20388-5380.
    ``Requests must contain the full name of the individual and at 
least one additional personal identifier such as date and place of 
birth, or Social Security Number (SSN). Persons submitting written 
requests must properly establish their identity to the satisfaction of 
the Naval Criminal Investigative Service. This can be accomplished by 
providing an unsworn declaration that states ``I declare under perjury 
or penalty under the laws of the United States of America that the 
foregoing is true and correct.''
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for their 
representative to act on their behalf.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
records about themselves contained in this system of records should 
address written inquiries to the Director, Naval Criminal Investigative 
Service, Washington Navy Yard, Building 111, Code 00JF, 716 Sicard 
Street, SE., Washington, DC 20388-5380.
    Requests must contain the full name of the individual and at least 
one additional personal identifier such as date and place of birth and 
Social Security Number. Persons submitting written requests must 
properly establish their identity to the satisfaction of the Naval 
Criminal Investigative Service. This can be accomplished by providing 
an unsworn declaration that states ``I declare under perjury or penalty 
under the laws of the United States of America that the foregoing is 
true and correct.''
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for their 
representative to act on their behalf.''

Record source categories:
    Delete last para and replace with ``Information for the unsolicited 
letters database is obtained from the individual. Also contains copies 
of analytical and other information and reports created during course 
of NCIS' inquiry.''
* * * * *
N01070-12

System name:
    NCIS Administrative Files System.

System location:
    Primary: Director, Naval Criminal Investigative Service, Washington 
Navy Yard, Building 111, 716 Sicard Street, SE., Washington Navy Yard, 
DC 20388-5380.
    Decentralized Segments: Naval Criminal Investigative Service Field 
Offices (NCISFOs) retain duplicate copies of certain segments of the 
administrative files. Official mailing addresses are published in the 
Standard Navy Distribution List that is available at https://
doni.daps.dla.mil/sndl.aspx.

Categories of individuals covered by the system:
    Past and present civilian, military, and foreign national personnel 
assigned world-wide to the Naval Criminal Investigative Service. 
Persons communicating by correspondence with DON and NCIS.

Categories of records in the system:
    Full name, Social Security Number (SSN), grade level, duty station, 
special qualifications, or language qualifications, date and place of 
birth.
    Personnel and Resource Information System--contains personnel 
management information/statistical information on NCIS personnel.
    Special Agent Career Development Files--contains correspondence 
unique to the NCIS Special Agent, including annual physical 
examinations, assignment preferences, and special qualifications, which 
has a bearing on world-wide assignability, promotion, and general 
career assessment.
    Weapons and Equipment Files--identifies credential numbers, badges,

[[Page 17330]]

PSP pins, and weapons assigned to authorized NCIS personnel.
    Personnel Security Clearance File--identifies the classified 
material access level and date of last security clearance for assigned 
civilian and military personnel of NCIS.
    Personnel Utilization Data File--provides statistical information 
regarding the manner by which available NCIS man-hours are expended in 
the execution of its assigned investigative and counterintelligence 
mission. The file is formed by the submission (monthly) of individual 
manhour diaries. All assigned personnel input to this system; their 
man-hours are categorized by function.
    Unsubstantiated reports to DON components from members of the 
public alleging imminent invasion, plots, and similar events of a 
delusional nature and assorted ``crank'' letters.
    Unsolicited letters and other communications received by or 
referred to NCIS for analysis and inquiry when contents convey or can 
be interpreted to convey a possible threat to DON persons or property.

Authority for maintenance of the system:
    10 U.S.C. 5013, Secretary of the Navy and E.O. 9397 (SSN).

Purpose(s):
    The Personnel and Resource Information System is used to prepare 
all personnel documents and personnel statistical studies. It provides 
such information as the average grade, the total number and composition 
of personnel at each NCIS component, and the past assignments of 
personnel. It is used on a daily basis by personnel in the formation 
and execution of staffing actions for the various NCIS components, 
information verification of employee's tenure, and the compilation of 
necessary statistical studies.
    Special Agent Career Development Files are used for in-house agency 
decisions regarding reassignment, promotion, career training, and long-
range development. They form in-house agency repository for both 
adverse and favorable documents regarding Special Agents. The files 
have a long-range function, that of forming the basis for law 
enforcement retirement service certification. Though part of the file 
is duplicated in the official file maintained by the Civilian Personnel 
Office, the Special Agent Career Development File is considered 
privileged information and its contents are not released outside NCIS. 
Within NCIS, the files are maintained and controlled exclusively within 
the Career Services Division, NCIS, and by assigned personnel of that 
Division. The files are released for review only to senior management 
personnel of NCIS.
    Weapons and Equipment Files are used to identify and inventory 
credentials, weapons, badges, and handcuffs issued to authorized NCIS 
personnel.
    Personnel Security Clearance Files are used to informally verify 
and authenticate security clearances issued to NCIS personnel. The file 
has a daily working purpose of acting as a check sheet for the updating 
of security clearances. It is used by the Commander, NCIS to certify 
the access level of certain assigned NCIS personnel to other Navy 
commands as well as civilian contractors. Personnel Utilization Data 
File is used to make analyses which modify the staffing levels at 
various NCIS components based on the actual work level. It further 
provides a tool to NCIS management to gauge the efficiency of all 
components by comparing their workload with the amount of man-hours 
available.
    The records in this system may be used by other DoD components 
requiring confirmation of security clearance levels and for statistical 
purposes.
    Unsolicited letters and other communications received by or 
referred to NCIS for analysis are used to determine if a possible 
threat exists or might exist at a later date upon the receipt of 
additional correspondence. When a threat is determined possible, a 
formal investigative case is opened.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To law enforcement activities conducting criminal or suitability 
investigations.
    To the Office of Personnel Management when making personnel 
determinations, e.g., awards or disciplinary actions.
    To credit companies in response to credit queries.
    To personal physicians regarding medical records.
    The `Blanket Routine Uses' that appear at the beginning of the 
Navy's compilation of systems notices also apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Automated, electronic media, and paper records.

Retrievability:
    For the Special Agent Career Development File--name only.
    For the Weapons and Equipment File--by name or by item number 
(i.e., badge, credential, weapon, handcuff serial number).
    For the Personnel and Resource Information System--by name and 
Social Security Number or by individual data characteristic, such as 
GS-grade level, duty-station, special qualifications, or language 
qualifications.
    For the Personnel Utilization Data File--normally accessed and 
retrieved by location and functional category of employment (i.e., 
Special Agent, clerical, etc.). The capability exists, however, to 
retrieve by Social Security Number.
    The Personnel Security Classification File, which is a subordinate 
file to the Personnel and Resource Information System, is accessed by 
name and Social Security Number.
    For unsubstantiated reports to DON components from members of the 
public alleging imminent invasion, plots, and similar events of a 
delusional nature and assorted ``crank'' letters unsolicited suspicious 
by name.
    For unsolicited letters and other communications received by or 
referred to NCIS for analysis, retrieved by name.

Safeguards:
    Files are protected by limited controlled access, safes, locked 
cabinets, and locked doors. Visitor control and security computer 
software measures (where applicable) are utilized.

Retention and disposal:
    Personnel indexed in the Personnel and Resource Information System 
and the Personnel Security Clearance Files are deleted from the 
magnetic tape data storage upon termination of employment. Residual 
paper records are retained from two to five years and then destroyed.
    Personnel indexed in the Weapons and Equipment Files are deleted as 
assigned equipment is accounted for or returned. Residual paper 
printouts are destroyed at least semi-annually. The Special Agent 
Career Development Files are semi-permanent and are retained, at least 
in essential skeletal format, indefinitely.
    Unsubstantiated reports to DON components from members of the 
public

[[Page 17331]]

alleging imminent invasion, plots, and similar events of a delusional 
nature and assorted ``crank'' letters are deleted after 1 year. Early 
destruction is authorized if determined no longer pertinent by annual 
review.
    Unsolicited letters and other communications received by or 
referred to NCIS are deleted 50 years after last entry except paper 
copy of imaged correspondence which is destroyed upon verification that 
the record copy has been fully and accurately converted to electronic/
optical images.

System manager(s) and address:
    Director, Naval Criminal Investigative Service, Washington Navy 
Yard, Building 111, 716 Sicard Street, SE., Washington, DC 20388-5380.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the Director, Naval Criminal Investigative Service, Washington Navy 
Yard, Building 111, Code 00LJF, 716 Sicard Street, SE., Washington, DC 
20388-5380.
    Requests must contain the full name of the individual and at least 
one additional personal identifier such as date and place of birth, or 
Social Security Number (SSN).
    Persons submitting written requests must properly establish their 
identity to the satisfaction of the Naval Criminal Investigative 
Service. This can be accomplished by providing an unsworn declaration 
that states ``I declare under perjury or penalty under the laws of the 
United States of America that the foregoing is true and correct.''
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for their 
representative to act on their behalf.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system of records should address written inquiries to the 
Director, Naval Criminal Investigative Service, Washington Navy Yard, 
Building 111, Code 00JF, 716 Sicard Street, SE., Washington, DC 20388-
5380.
    Requests must contain the full name of the individual and at least 
one additional personal identifier such as date and place of birth and 
Social Security Number. Persons submitting written requests must 
properly establish their identity to the satisfaction of the Naval 
Criminal Investigative Service. This can be accomplished by providing 
an unsworn declaration that states ``I declare under perjury or penalty 
under the laws of the United States of America that the foregoing is 
true and correct.''
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for their 
representative to act on their behalf.

Contesting record procedures:
    The Navy's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are published in Secretary 
of the Navy Instruction 5211.5; 32 CFR Part 701; or may be obtained 
from the system manager.

Record source categories:
    Information for the Personnel and Resource Information System and 
the Personnel Utilization Data System is obtained from the individual 
employee, who is the prime source of information both for initial 
access to the files as well as for the periodic update.
    Information for the Personnel Security Clearance File information 
is obtained from the Personnel and Resource Information System.
    The information for the Weapons and Equipment Files is obtained 
from personnel charged with the issuance of various items inventoried 
therein (with verification by the personnel to whom the items are 
issued.)
    Information for the Special Agent Career Development File is 
obtained from the individuals' supervisors, from various naval 
commands, and other federal and state agencies with whom the special 
agent has had professional contact and from the individual. Also, this 
file contains copies of each physical examination required annually of 
assigned civilian special agents.
    Information for the unsolicited letters database is obtained from 
the individual. Also contains copies of analytical and other 
information and reports created during course of NCIS' inquiry.

Exemptions claimed for the system:
    None.
 [FR Doc. E8-6632 Filed 3-31-08; 8:45 am]
BILLING CODE 5001-06-P