Privacy Act of 1974; System of Records, 19483-19491 [E8-7617]
Download as PDF
Federal Register / Vol. 73, No. 70 / Thursday, April 10, 2008 / Notices
published in the Standard Navy
Distribution List that is available at
https://doni.daps.dla.mil/sndl.aspx.
NOTIFICATION PROCEDURE:
Individuals seeking to determine
whether this system of records contains
information about themselves should
address written inquiries to the
Commanding Officer or head of the
activity where assigned. Official mailing
addresses are published in the Standard
Navy Distribution List that is available
at https://doni.daps.dla.mil/sndl.aspx.
Written requests should contain the
individual’s full name, Social Security
Number (SSN), and the request must be
signed.
RECORD ACCESS PROCEDURES:
Individuals seeking access to records
about themselves should address
written inquiries to the Commanding
Officer or head of the activity where
assigned. Official mailing addresses are
published in the Standard Navy
Distribution List that is available at
https://doni.daps.dla.mil/sndl.aspx.
Written requests should contain the
individual’s full name, Social Security
Number (SSN), and the request must be
signed.
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:
Individual concerned, driving record,
insurance papers, activity
correspondence, investigators reports,
and witness statements.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
[FR Doc. E8–7615 Filed 4–9–08; 8:45 am]
N05520–4
SYSTEM NAME:
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Department of the Navy
[USN–2008–0027]
Privacy Act of 1974; System of
Records
Department of the Navy, DoD.
Notice to Alter a System of
Records.
AGENCY:
ACTION:
SUMMARY: The Department of the Navy
proposes to alter a system of records
notice in its existing inventory of
records systems subject to the Privacy
Jkt 214001
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SYSTEM LOCATION:
DEPARTMENT OF DEFENSE
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Dated: April 4, 2008.
L.M. Bynum,
Alternate, OSD Federal Register Liaison
Officer, Department of Defense.
CHANGES:
BILLING CODE 5001–06–P
16:48 Apr 09, 2008
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) 685–325–6545.
SUPPLEMENTARY INFORMATION: The
Department of the Navy’s 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 proposed system reports, as
required by 5 U.S.C. 552a(r), of the
Privacy Act of 1974, as amended, was
submitted on March 28, 2008, to the
House Committee on Oversight and
Government Reform, the Senate
Committee on Homeland Security and
Governmental Affairs, and the Office of
Management and Budget (OMB)
pursuant to paragraph 4c of Appendix I
to OMB Circular No. A–130, ‘Federal
Agency Responsibilities for Maintaining
Records About Individuals,’ dated
February 8, 1996 (February 20, 1996, 61
FR 6427).
ADDRESSES:
NCIS Investigative Files System (June
30, 1998, 63 FR 35575).
None.
VerDate Aug<31>2005
Act of 1974, (5 U.S.C. 552a), as
amended. The alteration consists of
redefining the purpose and routine uses
for the system.
DATES: This proposed action will be
effective without further notice on May
12, 2008 unless comments are received
which result in a contrary
determination.
Delete para 2 and replace with
‘‘Decentralized Segments—Located at
the Naval Criminal Investigative Service
(NCIS) Field Offices (FO), Resident
Agencies (RA), and Polygraph sites
worldwide. Law Enforcement
Information Exchange (LInX) secure
remote computer server sites. Naval
Criminal Investigative Service Regional
Offices retain copies of certain portions
of some investigative files and related
documentation. The number and
location of these Naval Criminal
Investigative Service Field Offices,
Naval Criminal Investigative Service
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19483
Resident Agencies, and Polygraph sites
are subject to change in order to meet
the requirements of the Department of
the Navy.’’
Delete para 3.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Delete para 2 and replace with
‘‘Active, reserve, and inactive members
of the naval service; civilians, to include
applicants for employment with NCIS;
both citizen and alien employees
located in both the U.S. and in overseas
areas and including temporary, parttime, and advisory personnel employed
by the Department of the Navy;
industrial and contractor personnel;
civilian personnel being considered for
sensitive positions, boards, conferences,
etc. Civilian personnel who worked or
resided overseas, e.g., Red Cross
personnel. Civilian and military
personnel accused, suspected, a witness
to, or victims of felonious type offenses,
or lesser offenses impacting on the good
order, discipline, morale or security of
the Department of the Navy; civilian
personnel seeking access to or seeking
to conduct or operate any business or
other function aboard a Department of
the Navy installation, facility or ship;
civilians and civilian or military
personnel who are subjects, co-subjects,
witnesses, and victims in law
enforcement and investigative cases in
which law enforcement and
investigative authorities (Federal, state,
local, tribal, and foreign) have requested
laboratory analysis of submitted
evidence for law enforcement purposes;
civilian or military personnel involved
in the loss, compromise, or
unauthorized disclosure of classified
material/information; civilian and
military personnel who were/are of
counterintelligence interest to the
Department of the Navy. Persons under
investigation and parties to the
communications whose
communications have been intercepted
during wire, electronic or oral
surveillance operations conducted by or
on behalf of NCIS.’’
CATEGORIES OF RECORDS IN THE SYSTEM:
Delete and replace with ‘‘Official
investigative reports prepared by NCIS,
DON, Department of Defense (DoD), or
other Federal, state, local, tribal, or
foreign law enforcement or investigative
bodies.
Biographic data, intelligence/
counterintelligence debriefing reports,
information concerning U.S. personnel
who are missing, captured, or detained
by a hostile entity. The information may
be of criminal, counterintelligence, or
general investigative interest.
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Preliminary Investigation Reports
(PIR) document receipt of information
that at the initial stage indicates an
incident occurred involving one or more
criminal offenses, however it was
subsequently determined that no
criminal offense occurred or that the
incident and offenses did not fall within
NCIS’ jurisdiction and or responsibility
to investigate.
Polygraph Data.
A listing of persons who submitted to
polygraph examination by NCIS
examiners. The data includes the
examinee’s name, location and results of
the examination and the identity of the
examiner. Also, copies of examination
records created in support of criminal
investigations. This data includes
statistical and technical data sheets,
questions sheets, charts, numerical
evaluation forms, subject statements,
consent forms, medical waivers,
interview logs, personal data sheets, and
related documents.
Case Control and Management
documents which serve as the basis for
recording, conducting, controlling, and
guiding the investigative activity.
Records identifying confidential sources
and contacts with them. Index to
persons reported by ‘Name Only.’
Forensic Laboratory Report Records.
Records reporting and documenting
laboratory analysis of submitted
evidence. Fingerprint Card Files.
Fingerprint card and related
correspondence obtained by DON
designated law enforcement officials
and submitted to NCIS Headquarters for
quality review and forwarding to the
Federal Bureau of Investigations in
support of criminal investigations.
Personnel Security and Suitability
Investigations. Requests for and results
of investigations or inquiries conducted
by U.S. Navy or other DoD, Federal,
state, or local investigative agency.
Record includes: Personal history
statements; fingerprint cards; personnel
security questionnaire; medical and/or
educational records and waivers for
release; requests for and National
Agency checks; local agency checks;
military records; birth records;
employment records; credit records and
waivers for release; interviews of
education, employment, and credit
references; interviews of listed and
developed character references;
interviews of neighbors; and other
similar records.’’
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Delete entry and replace with ‘‘10
U.S.C. 5013, Secretary of the Navy; 18
U.S.C. 2510–2520 and 3504; 47 U.S.C.
605; DoD Directive 5210.48, Polygraph
and Credibility Assessment Program;
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DoD Regulation 5240.1–R, Procedures
Governing the Activities of DoD
Intelligence Components that Affect
United States Persons; DoD Directive
5505.9, Interception of Wire, Electronic,
and Oral Communications for Law
Enforcement; Secretary of the Navy
Instruction 5430.107, Mission and
Functions of the Naval Criminal
Investigative Service; Secretary of the
Navy M–5510.30, Department of the
Navy Personnel Security Program;
Secretary of the Navy M–5510.36,
Department of the Navy Information
Security Program; OPNAVINST
5530.14, Navy Physical Security and
Law Enforcement; MCO 558.2, Law
Enforcement Manual; E.O. 9397 (SSN);
E.O. 10450, Security Requirements for
Government Employees, in particular
sections 2, 3, 4, 5, 6, 7, 8, 9, and 14; and
E.O. 12333, United States Intelligence
Activities.’’
PURPOSE(S):
Delete para 2 and replace with ‘‘The
records in this system are used for the
following purposes: suitability for
access or continued access to classified
information; suitability for promotion,
employment, or assignment; suitability
for access to military installations or
industrial firms engaged in government
projects/contracts; suitability for awards
or similar benefits; use in current law
enforcement investigation or program of
any type including applicants; use in
judicial or adjudicative proceedings
including litigation or in accordance
with a court order; to assist Federal,
state, and local agencies that perform
law enforcement or quasi-law
enforcement functions; to assist Federal,
state, and local agencies that perform
victim/witness assistance services, child
protection services or family support or
sailor services; insurance claims
including workmen’s compensation;
provide protective operations under the
DoD Distinguished Visitor Protection
Program and to assist the U.S. Secret
Service in meeting its responsibilities;
assist local law enforcement agencies in
meeting their responsibilities for
complying with Congressionally
mandated records checks such as Brady
Handgun Violence Prevention Act
checks; used for public affairs or
publicity purposes such as wanted
persons announcements, etc.; referral of
matters under their cognizance to
Federal, state or local law enforcement
authorities including criminal
prosecution, civil court action or
regulatory order; advising higher
authorities and naval commands of the
important developments impacting on
security, good order or discipline;
reporting of statistical data to naval
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commands and higher authority; input
into the Defense Security Service
managed Defense Clearance Index of
Investigations (DCII) database under
system notice V5–02. Wire, Electronic,
and Oral Interceptions Index is
maintained to enable NCIS to quickly
locate records of intercept activities in
response to motions for discovery and
inquiries.’’
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Delete entry and replace with ‘‘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:
(1) To any criminal, civil, or
regulatory law enforcement authority
(whether Federal, state, local, tribal, or
foreign) where the information is
relevant to the recipient entity’s law
enforcement responsibilities.
(2) To a governmental entity lawfully
engaged in collecting criminal law
enforcement, criminal law enforcement
intelligence, or national security
intelligence information for law
enforcement or intelligence purposes.
(3) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records.
(4) In an appropriate proceeding
before a court, or administrative or
adjudicative body, when NCIS
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding.
(5) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings.
(6) To a former employee of NCIS for
purposes of: Responding to an official
inquiry by a Federal, state, or local
government entity or professional
licensing authority, in accordance with
applicable NCIS regulations; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where NCIS requires
information and/or consultation
assistance from the former employee
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regarding a matter within that person’s
former area of responsibility.
(7) To such recipients and under such
circumstances and procedures as are
mandated by Federal statute or treaty.
(8) To complainants and/or victims to
the extent necessary to provide such
persons with information and
explanations concerning the progress
and/or results of the investigation or
case arising from the matters of which
they complained and/or of which they
were a victim.
(9) To commercial insurance
companies in those instances in which
they have a legitimate interest in the
results of the investigation, but only to
that extent and provided an
unwarranted invasion of privacy is not
involved.
(10) To the White House for the
purpose of personnel actions requiring
approval of the President of the United
States as provided for in DoD
Instruction 1320.4.
(11) To any person or entity if deemed
by NCIS to be necessary in order to
elicit information or cooperation from
the recipient for use by NCIS in the
performance of an authorized law
enforcement activity.
(12) To any individual, organization,
or governmental entity in order to notify
them of a serious terrorist threat for the
purpose of guarding against or
responding to such a threat.
The DoD Blanket Routine Uses that
appear at the beginning of the Navy’s
compilation of systems notices also
apply to this system.’’
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RETRIEVABILITY:
Delete entry and replace with ‘‘NCIS
closed case paper files are filed by
numeric sequential number, alphabetic
by company and topical title, and
geographic location; microfilm files are
filed by dossier number and location;
and electronic/optically imaged files by
case or control number, name, and
Social Security Number (SSN).
In order to locate the file it is
necessary to query the Defense
Clearance Index of Investigations. Open
case files may also be retrieved from
NCIS automated systems by a case
number assigned at the time the
investigation was initiated.
Copies of the files in the Naval
Criminal Investigative Service Field
Offices, Naval Criminal Investigative
Service Resident Agencies, and
Polygraph sites are retrieved by name.
Polygraph sites can also retrieve copies
of the file by polygraph approval
number. Wire, Electronic, and Oral
Intercept Index records are retrieved by
a combination of name, address, Social
VerDate Aug<31>2005
16:48 Apr 09, 2008
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Security Number, telephone number/
radio call sign, or case designation.’’
SAFEGUARDS:
Delete entry and replace with
‘‘Buildings employ alarms, security
guards, and or rooms with security
controlled areas accessible only to
authorized persons. Classified and
highly sensitive paper records are
maintained in General Service
Administrative approved security
containers. Paper and microform
records in NCIS records office are stored
on open shelves and in filing cabinets
in security controlled areas accessible
only to authorized persons.
Electronically, digital, and optically
stored records are maintained in ‘failsafe’ system software with password
protected access. Records are accessible
only to authorized persons with a needto-know who are properly screened,
cleared and trained. Noncurrent
hardcopy and master copy of
microfilmed files are retired to the
Washington National Records Center
where retrieval is restricted to
authorized NCIS personnel.
NCIS employees authorized to work
offsite will safeguard government/
agency records from unauthorized
disclosure or damage by transporting
only unclassified records in approved
locked briefcases, satchels, or boxes.
When not in use by the offsite
employee, all records or case-related
material is stored in a locked file cabinet
or desk in the areas designated that is
accessible only to authorized persons.
Some documents will be prepared on
government computers by NCIS
employees at designated offsite
locations. When offsite, computers may
be connected securely to the Navy
networks using approved virtual private
network (VPN) software, and data and
documents on government computers
are protected using encryption. No data
is authorized to be transferred to or
stored on any employee’s personal
computer. Documents prepared at
designated offsite locations and or
temporarily held for the purposes of
offsite work will not be printed at any
unauthorized offsite location.’’
RETENTION AND DISPOSAL:
Delete entry and replace with
‘‘Counterintelligence (CI)/
Counterterrorism (CT) Records: CI
records are retained in the active file
until the case is closed, then retired to
the NCIS records office; then destroyed
25 years after the date of last action.
Major CI/CT investigations are retired to
the NCIS records office upon case
closure; then transferred to the National
Archives when 50 years old.
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19485
Copies may be retained at NCIS Field
Offices for one year after case closure
unless extended retention is authorized.
Source records are retained in the active
file until the operation is complete; then
destroyed 75 years after the date of the
last action.
Reciprocal CI/CT investigative files
regarding individuals or organizations
under investigative jurisdiction of the
requesting agency are disposed of as
prescribed above for CI/CT investigative
records; except when the request is for
CI/CT personnel security matters; then
the file is destroyed after one year.
CI defensive briefings are retained
until case closure, retired to the NCIS
records office; then destroyed after 15
years. Foreign national marriage and
visa applicant investigations are retired
to the NCIS records office upon case
closure; then destroyed after one year
except when the investigation surfaces
significant derogatory material. These
files are destroyed after five years.
Records pertaining to CI polygraph
examinations conducted in support of
CI activities are filed with the case file
and disposed of in accordance with the
guidance for the associated file.
CI Security Polygraph Program (CSP)
records are maintained in the active file
until no longer needed; then disposed of
after the final quality control review as
follows: (1) CSP cases favorably
resolved are destroyed after the final
quality assurance review, except at
NCIS Polygraph Units which retain the
CSP investigative reports only;
destroying it when no longer needed or
after one year (2) CSP cases other than
favorably resolved are destroyed 25
years after completion of the final
quality assurance review, except when
an existing criminal investigation exists.
In such cases the CSP Package is
incorporated into the investigative file
and disposed of in accordance with the
disposition guidance for the dossier (3)
audio tape recordings of routine CSP
examinations with no significant
responses are erased when no longer
needed or after 90 days. Recordings
referred for further investigation are
incorporated into the investigative case
file and disposed of in accordance with
the disposition guidance for the dossier.
Personnel investigations: Completed
NCIS investigative files on Personnel
Security Investigations (PSI’s) are
destroyed after 15 years unless
significant incidents or adverse
information is developed, in which case
they are destroyed after 25 years. PSI
files on persons considered for
affiliation with DoD will be destroyed
within one year if the affiliation is not
consummated. Special Agent applicant
records are retained for one year if the
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applicant declines offer of employment
and five years if the applicant is rejected
for employment. Non-DoD-affiliated
applicant records are destroyed when
no longer needed or after 90 days.
Records for applicants who are accepted
are retired to NCIS records office upon
case closure; then destroyed 10 years
after release, separation, transfer,
retirement, or resignation. Internal
personnel inquiries records are retired
to NCIS records office after case closure;
then destroyed 15 years after case
closure.
Limited inquiries records are retired
to NCIS records office at inquiry
closure; then destroyed after 5 years.
Support applicant records are retired
to NCIS records office at case closure;
then destroyed after 15 years.
Law Enforcement Records: Criminal
investigative files are destroyed after 25
years, except (1) controlled death and
criminal sex investigations and
investigations created on or after
January 1, 1988 and where DoDI
5505.11 requires submission of offender
criminal history data to the FBI are
destroyed 50 years after date of case
closure (2) files of cases determined to
be of historical value are transferred to
NARA 50 years after the date of the last
action, except Grand Jury material
which is destroyed at the time of
transfer. Copies may be retained at NCIS
Field Offices for one year after case
closure unless extended retention is
authorized.
Incident Reports (IR) received from
Navy Law Enforcement and Marine
Corps Military Police offices pertaining
to categories of investigations/reports
under the jurisdiction of NCIS and
created prior to 1 January 1988 are
destroyed when 25 years old. Cases
created on or after 1 January 1988 are
destroyed when 50 years old. Cases
referred but determined not under NCIS
jurisdiction are destroyed when no
longer needed. Copies may be retained
at the submitting office for two years
after case closure unless extended
retention is authorized.
Criminal Initiative Operations files
are retired to NCIS records office upon
closure; then destroyed 15 years after
closure for Group 1 records and five
years for Group 2.
Protective Operations files involving
protective details of distinguished
persons are destroyed when five years
old, except records where a threat or
attempted threat materialized are
destroyed when 25 years old.
Law enforcement source records are
retired to NCIS records office after case
closure and destroyed 15 years after the
date of last action.
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Preliminary Investigation Reports
(PIR) Records are used to document the
receipt of information that at the initial
stage indicated an incident occurred
involving one or more criminal offenses,
however, it was subsequently
determined that no criminal offense
occurred or that the incident and
offenses did not fall within NCIS’
jurisdiction and or responsibility to
investigate. These records are
destroyed/deleted 5 years after case
closure.
Reciprocal investigative files
regarding requests for investigative
assistance from other Federal, state and
local law enforcement agencies are
disposed of as prescribed for the
criminal investigative reports and IRs,
as appropriate. Polygraph examinations
conducted for criminal investigations
are quality assured and filed in the
associated criminal investigation.
Disposition is in accordance with the
guidance for the investigative case file.
Wire, Electronic, Oral Interception
Index computer entries are deleted upon
destruction or transfer to NARA of the
case file containing intercept
information. Disposition of the case files
is governed by the NARA approved
retention period applied to the case
dossier.
Hardcopy records used to create the
index are destroyed upon verification
that the indexing information has been
fully and accurately entered into the
automated index.
National Crime Information Center
(NCIC) records that support Department
of the Navy entries into the FBI’s
National Crime Information Center are
destroyed after the related entry is
deleted from the National Crime
Information Center computer.
Microfiche copies are destroyed when
all cases on the fiche are cleared from
the National Crime Information Center.
Fingerprint card files are disposed of
as follows:
(1) digital capture of one fingerprint
card set is forwarded to the Federal
Bureau of Investigation; and the card is
destroyed when it is verified that the
digitally copy was accurately captured
and transferred
(2) second fingerprint card, indices,
and related correspondence are
destroyed when 5 years old.
Counterintelligence records retained
solely for the purpose of determining
whether the information may be
permanently retained on persons not
affiliated with DoD must be destroyed
within 90 days, unless retention is
required by law or specifically approved
by the Secretary of the Navy.
Counterintelligence Security
Polygraph packages forwarded to Naval
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Criminal Investigative Service
headquarters is destroyed when 35 years
old. Files retained in the Naval Criminal
Investigative Service Field Offices and
Naval Criminal Investigative Service
Resident Agencies and Polygraph sites
are temporary and are destroyed after 90
days or earlier if no longer needed.
Destruction of records will be by
shredding, burning, or pulping for paper
records; burning for microform records;
and magnetic erasing for computerized
records. Optical digital data and CD
ROM records are destroyed as specified
by Department of the Navy, Information
Assurance Remanence Publication
5239–26.’’
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N05520–4
SYSTEM NAME:
NCIS Investigative Files System.
SYSTEM LOCATION:
Primary System: Director, Naval
Criminal Investigative Service,
Washington Navy Yard, Building 111,
716 Sicard Street, SE., Washington, DC
20388–5380.
Decentralized Segments—Located at
the Naval Criminal Investigative Service
(NCIS) Field Offices (FO), Resident
Agencies (RA), and Polygraph sites
worldwide. Law Enforcement
Information Exchange (LInX) secure
remote computer server sites. Naval
Criminal Investigative Service Regional
Offices retain copies of certain portions
of some investigative files and related
documentation. The number and
location of these Naval Criminal
Investigative Service Field Offices,
Naval Criminal Investigative Service
Resident Agencies, and Polygraph sites
are subject to change in order to meet
the requirements of the Department of
the Navy.
Consolidated Evidence Facilities
maintain evidence inventory records.
Current locations of NCIS
decentralized segments may be obtained
from the Director, Naval Criminal
Investigative Service, Washington Navy
Yard, Building 111, 716 Sicard Street,
SE., Washington, DC 20388–5380.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Persons in the following categories
who require access to classified defense
information and others who are of
criminal, counterintelligence, security
or general investigative interest to NCIS:
Active, reserve, and inactive members
of the naval service; civilians, to include
applicants for employment with NCIS;
both citizen and alien employees
located in both the U.S. and in overseas
areas and including temporary, part-
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time, and advisory personnel employed
by the Department of the Navy;
industrial and contractor personnel;
civilian personnel being considered for
sensitive positions, boards, conferences,
etc. Civilian personnel who worked or
resided overseas, e.g., Red Cross
personnel. Civilian and military
personnel accused, suspected, a witness
to, or victims of felonious type offenses,
or lesser offenses impacting on the good
order, discipline, morale or security of
the Department of the Navy; civilian
personnel seeking access to or seeking
to conduct or operate any business or
other function aboard a Department of
the Navy installation, facility or ship;
civilians and civilian or military
personnel who are subjects, co-subjects,
witnesses, and victims in law
enforcement and investigative cases in
which law enforcement and
investigative authorities (Federal, state,
local, tribal, and foreign) have requested
laboratory analysis of submitted
evidence for law enforcement purposes;
civilian or military personnel involved
in the loss, compromise, or
unauthorized disclosure of classified
material/information; civilian and
military personnel who were/are of
counterintelligence interest to the
Department of the Navy. Persons under
investigation and parties to the
communications whose
communications have been intercepted
during wire, electronic or oral
surveillance operations conducted by or
on behalf of NCIS.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 5013, Secretary of the Navy;
18 U.S.C. 2510–2520 and 3504; 47
U.S.C. 605; DoD Directive 5210.48,
Polygraph and Credibility Assessment
Program; DoD Regulation 5240.1-R,
Procedures Governing the Activities of
DoD Intelligence Components that
Affect United States Persons; DoD
Directive 5505.9, Interception of Wire,
Electronic, and Oral Communications
for Law Enforcement; Secretary of the
Navy Instruction 5430.107, Mission and
Functions of the Naval Criminal
Investigative Service; Secretary of the
Navy M–5510.30, Department of the
Navy Personnel Security Program;
Secretary of the Navy M–5510.36,
Department of the Navy Information
Security Program; OPNAVINST
5530.14, Navy Physical Security and
Law Enforcement; MCO 558.2, Law
Enforcement Manual; E.O. 10450,
Security Requirements for Government
Employees, in particular sections 2, 3, 4,
5, 6, 7, 8, 9, and 14; E.O. 12333, United
States Intelligence Activities and E.O.
9397 (SSN).
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PURPOSE(S):
The information in this system is
(was) collected to meet the investigative,
counterintelligence, and security
responsibilities of the Department of the
Navy. This includes personal, personnel
security, internal security, criminal, and
other law enforcement matters all of
which are essential to the effective
operation of the Department of the
Navy.
The records in this system are used
for the following purposes: suitability
for access or continued access to
classified information; suitability for
promotion, employment, or assignment;
suitability for access to military
installations or industrial firms engaged
in government projects/contracts;
suitability for awards or similar benefits;
use in current law enforcement
investigation or program of any type
including applicants; use in judicial or
adjudicative proceedings including
litigation or in accordance with a court
order; to assist Federal, state and local
agencies that perform law enforcement
or quasi-law enforcement functions; to
assist Federal, state and local agencies
that perform victim/witness assistance
services, child protection services or
family support or sailor services;
insurance claims including workmen’s
compensation; provide protective
operations under the DoD Distinguished
Visitor Protection Program and to assist
the U.S. Secret Service in meeting its
responsibilities; assist local law
enforcement agencies in meeting their
responsibilities for complying with
Congressionally mandated records
checks such as Brady Handgun Violence
Prevention Act checks; used for public
affairs or publicity purposes such as
wanted persons announcements, etc;
referral of matters under their
cognizance to Federal, state or local law
enforcement authorities including
criminal prosecution, civil court action
or regulatory order; advising higher
authorities and naval commands of the
important developments impacting on
security, good order or discipline;
reporting of statistical data to naval
commands and higher authority; input
into the Defense Security Service
managed Defense Clearance Index of
Investigations (DCII) database under
system notice V5–02. Wire, Electronic,
and Oral Interceptions Index is
maintained to enable NCIS to quickly
locate records of intercept activities in
response to motions for discovery and
inquiries.
Users of the records in this system
include NCIS employees who require
access for operational, administrative, or
supervisory purposes; DoD criminal
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19487
investigative and intelligence units; DoD
components making suitability
determinations.
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:
(1) To any criminal, civil, or
regulatory law enforcement authority
(whether Federal, state, local, tribal, or
foreign) where the information is
relevant to the recipient entity’s law
enforcement responsibilities.
(2) To a governmental entity lawfully
engaged in collecting criminal law
enforcement, criminal law enforcement
intelligence, or national security
intelligence information for law
enforcement or intelligence purposes.
(3) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records.
(4) In an appropriate proceeding
before a court, or administrative or
adjudicative body, when NCIS
determines that the records are arguably
relevant to the proceeding; or in an
appropriate proceeding before an
administrative or adjudicative body
when the adjudicator determines the
records to be relevant to the proceeding.
(5) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion of such
matters as settlement, plea bargaining,
or in informal discovery proceedings.
(6) To a former employee of NCIS for
purposes of: responding to an official
inquiry by a Federal, state, or local
government entity or professional
licensing authority, in accordance with
applicable NCIS regulations; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where NCIS requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
(7) To such recipients and under such
circumstances and procedures as are
mandated by Federal statute or treaty.
(8) To complainants and/or victims to
the extent necessary to provide such
persons with information and
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explanations concerning the progress
and/or results of the investigation or
case arising from the matters of which
they complained and/or of which they
were a victim.
(9) To commercial insurance
companies in those instances in which
they have a legitimate interest in the
results of the investigation, but only to
that extent and provided an
unwarranted invasion of privacy is not
involved.
(10) To the White House for the
purpose of personnel actions requiring
approval of the President of the United
States as provided for in DoD
Instruction 1320.4.
(11) To any person or entity if deemed
by NCIS to be necessary in order to
elicit information or cooperation from
the recipient for use by NCIS in the
performance of an authorized law
enforcement activity.
(12) To any individual, organization,
or governmental entity in order to notify
them of a serious terrorist threat for the
purpose of guarding against or
responding to such a threat.
The DoD 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:
Maintained on paper records in file
folders, audio and audiovisual tapes,
microimaging, electronic systems,
magnetic tape, optical digital data disks,
CD ROM, and computer output
products. Some laboratory documents
are stored in loose-leaf notebooks or
bound record books.
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RETRIEVABILITY:
NCIS closed case paper files are filed
by numeric sequential number,
alphabetic by company and topical title,
and geographic location; microfilm files
are filed by dossier number and
location; and electronic/optically
imaged files by case or control number,
name, and Social Security Number
(SSN).
In order to locate the file it is
necessary to query the Defense
Clearance Index of Investigations. Open
case files may also be retrieved from
NCIS automated systems by a case
number assigned at the time the
investigation was initiated.
Copies of the files in the Naval
Criminal Investigative Service Field
Offices, Naval Criminal Investigative
Service Resident Agencies, and
Polygraph sites are retrieved by name.
Polygraph sites can also retrieve
copies of the file by polygraph approval
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number. Wire, Electronic, and Oral
Intercept Index records are retrieved by
a combination of name, address, Social
Security Number, telephone number/
radio call sign, or case designation.
SAFEGUARDS:
Buildings employ alarms, security
guards, and or rooms with security
controlled areas accessible only to
authorized persons. Classified and
highly sensitive paper records are
maintained in General Service
Administrative approved security
containers. Paper and microform
records in NCIS records office are stored
on open shelves and in filing cabinets
in security controlled areas accessible
only to authorized persons.
Electronically, digital, and optically
stored records are maintained in ‘failsafe’ system software with password
protected access. Records are accessible
only to authorized persons with a needto-know who are properly screened,
cleared and trained. Noncurrent
hardcopy and master copy of
microfilmed files are retired to the
Washington National Records Center
where retrieval is restricted to
authorized NCIS personnel.
NCIS employees authorized to work
offsite will safeguard government/
agency records from unauthorized
disclosure or damage by transporting
only unclassified records in approved
locked briefcases, satchels, or boxes.
When not in use by the offsite
employee, all records or case-related
material is stored in a locked file cabinet
or desk in the areas designated that is
accessible only to authorized persons.
Some documents will be prepared on
government computers by NCIS
employees at designated offsite
locations. When offsite, computers may
be connected securely to the Navy
networks using approved virtual private
network (VPN) software, and data and
documents on government computers
are protected using encryption. No data
is authorized to be transferred to or
stored on any employee’s personal
computer. Documents prepared at
designated offsite locations and or
temporarily held for the purposes of
offsite work will not be printed at any
unauthorized offsite location.
RETENTION AND DISPOSAL:
Counterintelligence (CI) Records:
CI records are retained in the active
file until the case is closed; then
destroyed 25 years after the date of last
action. Major CI investigations are
retired to the NCIS records office upon
case closure; then transferred to the
National Archives and Records
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Administration (NARA) when 25 years
old.
Source records are retained in the
active file until the operation is
complete; then destroyed 75 years after
the date of the last action.
Reciprocal CI investigative files
regarding individuals or organizations
under investigative jurisdiction of the
requesting agency are disposed of as
prescribed above for CI investigative
records; except when the request is for
CI personnel security matters; then the
file is destroyed after one year. CI
defensive briefings are retained until
case closure, retired to the NCIS records
office; then destroyed after 15 years.
Foreign national marriage and visa
applicant investigations are retired to
the NCIS records office upon case
closure; then destroyed after one year
except when the investigation surfaces
significant derogatory material. These
files are destroyed after five years.
Records pertaining to CI polygraph
examinations conducted in support of
CI activities are filed with the case file
and disposed of in accordance with the
guidance for the associated file. CI
Security Polygraph Program (CSP)
records are maintained in the active file
until no longer needed; then disposed of
after the final quality control review as
follows: (1) CSP cases favorably
resolved are destroyed after the final
quality assurance review, except at
NCIS Polygraph Units which retain the
CSP investigative reports only;
destroying it when no longer needed or
after one year (2) CSP cases other than
favorably resolved are destroyed 25
years after completion of the final
quality assurance review, except when
an existing criminal investigation exists.
In such cases the CSP Package is
incorporated into the investigative file
and disposed of in accordance with the
disposition guidance for the dossier (3)
audio tape recordings of routine CSP
examinations with no significant
responses are erased when no longer
needed or after 90 days. Recordings
referred for further investigation are
incorporated into the investigative case
file and disposed of in accordance with
the disposition guidance for the dossier.
PERSONNEL INVESTIGATIONS:
Completed NCIS investigative files on
Personnel Security Investigations (PSI’s)
are destroyed after 15 years unless
significant incidents or adverse
information is developed, in which case
they are destroyed after 25 years. PSI
files on persons considered for
affiliation with DoD will be destroyed
within one year if the affiliation is not
consummated. Special Agent applicant
records are retained for one year if the
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applicant declines offer of employment
and five years if the applicant is rejected
for employment. Non-DoD-affiliated
applicant records are destroyed when
no longer needed or after 90 days.
Records for applicants who are accepted
are retired to NCIS records office upon
case closure; then destroyed 10 years
after release, separation, transfer,
retirement, or resignation. Internal
personnel inquiries records are retired
to NCIS records office after case closure;
then destroyed 25 years after the date of
last action or 10 years after termination
of employment, whichever is later.
Limited inquiries records are retired
to NCIS records office at inquiry
closure; then destroyed after 5 years.
Support applicant records are retired to
NCIS records office at case closure; then
destroyed after 15 years.
Law Enforcement Records:
Criminal investigative files are
destroyed after 25 years, except (1)
controlled death investigations which
are destroyed 75 years after date of case
closure (2) files of cases determined to
be of historical value are transferred to
NARA 25 years after the date of the last
action, except Grand Jury material
which is destroyed at the time of
transfer. Incident Complaint Reports
(ICR) received from Navy Shore Patrol
and Marine Corps military police offices
pertaining to categories of
investigations/reports under the
jurisdiction of NCIS are destroyed when
25 years old. Cases referred but
determined not under NCIS jurisdiction
are destroyed when no longer needed.
Criminal intelligence operations files
are retired to NCIS records office upon
closure; then destroyed 15 years after
closure for Group 1 records and five
years for Group 2. Protective operations
files involving protective details of
distinguished persons are destroyed
when five years old, except records
where a threat or attempted threat
materialized are destroyed when 25
years old.
Law enforcement source (also called
‘cooperating witness’) records are
retired to NCIS records office after case
closure and destroyed 15 years after the
date of last action. Information reports
consisting of incidental information
impacting on the security or discipline
of commands or of interest to other law
enforcement elements are destroyed
when 25 years old.
Reciprocal investigative files
regarding requests for investigative
assistance from other Federal, state and
local law enforcement agencies are
disposed of as prescribed for the
criminal investigative reports and ICRs,
as appropriate.
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Polygraph examinations conducted
for criminal investigations are quality
assured and filed in the associated
criminal investigation. Disposition is in
accordance with the guidance for the
investigative case file.
Wire, Electronic, Oral Interception
Index computer entries are deleted upon
destruction or transfer to NARA of the
case file containing intercept
information. Disposition of the case files
is governed by the NARA approved
retention period applied to the case
dossier. Hardcopy records used to create
the index are destroyed upon
verification that the indexing
information has been fully and
accurately entered into the automated
index. National Crime Information
Center (NCIC) records that support
Department of the Navy entries into the
FBI’s National Crime Information Center
are destroyed after the related entry is
deleted from the National Crime
Information Center computer.
Microfiche copies are destroyed when
all cases on the fiche are cleared from
the National Crime Information Center.
Laboratory fingerprint card files are
disposed of as follows:
(1) One fingerprint card set is
forwarded to the Federal Bureau of
Investigation; the other set is destroyed
when 75 years old.
(2) Fingerprint card indices and
related correspondence are destroyed
when all administrative needs have
expired.
Counterintelligence records on
persons not affiliated with DoD must be
destroyed within 90 days or one year
under criteria set forth in DoD Directive
5200.27, unless retention is required by
law or specifically approved by the
Secretary of the Navy. Files retained in
the Naval Criminal Investigative Service
Field Offices and Naval Criminal
Investigative Service Resident Agencies
and Polygraph sites are temporary and
are destroyed after 90 days or one year,
as appropriate.
Destruction of records will be by
shredding, burning, or pulping for paper
records; burning for microform records;
and magnetic erasing for computerized
records. Optical digital data and CD
ROM records are destroyed as specified
by NAVSO P–5239–26, ‘Remanence
Security Guidebook’ of September 1993.
Counterintelligence (CI)/
Counterterrorism (CT) Records: CI
records are retained in the active file
until the case is closed, then retired to
the NCIS records office; then destroyed
25 years after the date of last action.
Major CI/CT investigations are retired to
the NCIS records office upon case
closure; then transferred to the National
Archives when 50 years old.
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19489
Copies may be retained at NCIS Field
Offices for one year after case closure
unless extended retention is authorized.
Source records are retained in the active
file until the operation is complete; then
destroyed 75 years after the date of the
last action.
Reciprocal CI/CT investigative files
regarding individuals or organizations
under investigative jurisdiction of the
requesting agency are disposed of as
prescribed above for CI/CT investigative
records; except when the request is for
CI/CT personnel security matters; then
the file is destroyed after one year.
CI defensive briefings are retained
until case closure, retired to the NCIS
records office; then destroyed after 15
years. Foreign national marriage and
visa applicant investigations are retired
to the NCIS records office upon case
closure; then destroyed after one year
except when the investigation surfaces
significant derogatory material. These
files are destroyed after five years.
Records pertaining to CI polygraph
examinations conducted in support of
CI activities are filed with the case file
and disposed of in accordance with the
guidance for the associated file.
CI Security Polygraph Program (CSP)
records are maintained in the active file
until no longer needed; then disposed of
after the final quality control review as
follows: (1) CSP cases favorably
resolved are destroyed after the final
quality assurance review, except at
NCIS Polygraph Units which retain the
CSP investigative reports only;
destroying it when no longer needed or
after one year (2) CSP cases other than
favorably resolved are destroyed 25
years after completion of the final
quality assurance review, except when
an existing criminal investigation exists.
In such cases the CSP Package is
incorporated into the investigative file
and disposed of in accordance with the
disposition guidance for the dossier (3)
audio tape recordings of routine CSP
examinations with no significant
responses are erased when no longer
needed or after 90 days. Recordings
referred for further investigation are
incorporated into the investigative case
file and disposed of in accordance with
the disposition guidance for the dossier.
Personnel investigations: Completed
NCIS investigative files on Personnel
Security Investigations (PSI’s) are
destroyed after 15 years unless
significant incidents or adverse
information is developed, in which case
they are destroyed after 25 years. PSI
files on persons considered for
affiliation with DoD will be destroyed
within one year if the affiliation is not
consummated. Special Agent applicant
records are retained for one year if the
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applicant declines offer of employment
and five years if the applicant is rejected
for employment. Non-DoD-affiliated
applicant records are destroyed when
no longer needed or after 90 days.
Records for applicants who are accepted
are retired to NCIS records office upon
case closure; then destroyed 10 years
after release, separation, transfer,
retirement, or resignation. Internal
personnel inquiries records are retired
to NCIS records office after case closure;
then destroyed 15 years after case
closure.
Limited inquiries records are retired
to NCIS records office at inquiry
closure; then destroyed after 5 years.
Support applicant records are retired
to NCIS records office at case closure;
then destroyed after 15 years.
Law Enforcement Records: Criminal
investigative files are destroyed after 25
years, except (1) controlled death and
criminal sex investigations and
investigations created on or after
January 1, 1988 and where DoDI
5505.11 requires submission of offender
criminal history data to the FBI are
destroyed 50 years after date of case
closure (2) files of cases determined to
be of historical value are transferred to
NARA 50 years after the date of the last
action, except Grand Jury material
which is destroyed at the time of
transfer. Copies may be retained at NCIS
Field Offices for one year after case
closure unless extended retention is
authorized.
Incident Reports (IR) received from
Navy Law Enforcement and Marine
Corps Military Police offices pertaining
to categories of investigations/reports
under the jurisdiction of NCIS and
created prior to 1 January 1988 are
destroyed when 25 years old. Cases
created on or after 1 January 1988 are
destroyed when 50 years old. Cases
referred but determined not under NCIS
jurisdiction are destroyed when no
longer needed. Copies may be retained
at the submitting office for two years
after case closure unless extended
retention is authorized.
Criminal Initiative Operations files
are retired to NCIS records office upon
closure; then destroyed 15 years after
closure for Group 1 records and five
years for Group 2.
Protective Operations files involving
protective details of distinguished
persons are destroyed when five years
old, except records where a threat or
attempted threat materialized are
destroyed when 25 years old.
Law enforcement source records are
retired to NCIS records office after case
closure and destroyed 15 years after the
date of last action.
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Preliminary Investigation Reports
(PIR) Records are used to document the
receipt of information that at the initial
stage indicated an incident occurred
involving one or more criminal offenses,
however, it was subsequently
determined that no criminal offense
occurred or that the incident and
offenses did not fall within NCIS’
jurisdiction and or responsibility to
investigate. These records are
destroyed/deleted 5 years after case
closure.
Reciprocal investigative files
regarding requests for investigative
assistance from other Federal, state and
local law enforcement agencies are
disposed of as prescribed for the
criminal investigative reports and IRs,
as appropriate.
Polygraph examinations conducted
for criminal investigations are quality
assured and filed in the associated
criminal investigation. Disposition is in
accordance with the guidance for the
investigative case file.
Wire, Electronic, Oral Interception
Index computer entries are deleted upon
destruction or transfer to NARA of the
case file containing intercept
information. Disposition of the case files
is governed by the NARA approved
retention period applied to the case
dossier.
Hardcopy records used to create the
index are destroyed upon verification
that the indexing information has been
fully and accurately entered into the
automated index.
National Crime Information Center
(NCIC) records that support Department
of the Navy entries into the FBI’s
National Crime Information Center are
destroyed after the related entry is
deleted from the National Crime
Information Center computer.
Microfiche copies are destroyed when
all cases on the fiche are cleared from
the National Crime Information Center.
Fingerprint card files are disposed of
as follows:
(1) Digital capture of one fingerprint
card set is forwarded to the Federal
Bureau of Investigation; and the card is
destroyed when it is verified that the
digitally copy was accurately captured
and transferred
(2) Second fingerprint card, indices,
and related correspondence are
destroyed when 5 years old.
Counterintelligence records retained
solely for the purpose of determining
whether the information may be
permanently retained on persons not
affiliated with DoD must be destroyed
within 90 days, unless retention is
required by law or specifically approved
by the Secretary of the Navy.
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Sfmt 4703
Counterintelligence Security
Polygraph packages forwarded to Naval
Criminal Investigative Service
headquarters is destroyed when 35 years
old. Files retained in the Naval Criminal
Investigative Service Field Offices and
Naval Criminal Investigative Service
Resident Agencies and Polygraph sites
are temporary and are destroyed after 90
days or earlier if no longer needed.
Destruction of records will be by
shredding, burning, or pulping for paper
records; burning for microform records;
and magnetic erasing for computerized
records. Optical digital data and CD
ROM records are destroyed as specified
by Department of the Navy, Information
Assurance Remanence Publication
5239–26.
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 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, or Social
Security Number (SSN). Persons
submitting written requests must
properly establish their identity to the
satisfaction of the Naval Criminal
Investigative Service. In addition, the
requester must provide a notarized
statement or an unsworn declaration in
accordance with 28 U.S.C. 1746, in the
following format:
If executed outside the United States:
I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature).
If executed within the United States,
its territories, possessions, or
commonwealths: I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature).
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
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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 (SSN). Persons
submitting written requests must
properly establish their identity to the
satisfaction of the Naval Criminal
Investigative Service. In addition, the
requester must provide a notarized
statement or an unsworn declaration in
accordance with 28 U.S.C. 1746, in the
following format:
If executed outside the United States:
I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature).
If executed within the United States,
its territories, possessions, or
commonwealths: I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature).
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.
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RECORD SOURCE CATEGORIES:
From individual, DoD and Military
Department records; Federal Agency
records; foreign law enforcement
agencies, security, intelligence,
investigatory, or administrative
authorities; state, county, and municipal
records; employment records of public
schools, colleges, universities, technical
and trade schools; hospital records; real
estate agencies; credit bureaus; financial
institutions which maintain credit
information on individuals such as loan
and mortgage companies, credit unions,
banks, etc.; transportation companies
(airlines, railroad, etc.); other private
records sources deemed necessary in
order to complete an investigation;
miscellaneous records such as:
telephone directories, city directories;
Who’s Who in America; Who’s Who in
Commerce and Industry; Who Knows
What, a listing of experts in various
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fields; American Medical Directory;
Martindale-Hubbell Law Directory; U.S.
Postal Guide; Insurance Directory; Dunn
and Bradstreet; and the U.S. Navy
BIDEX (Biographical Index); any other
type of miscellaneous records deemed
necessary to complete the investigation
or inquiry; the interview of individuals
who have knowledge of the subject’s
background and activities; the interview
of witnesses, victims, confidential
sources, and or other individuals
deemed necessary to complete the
investigation.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Parts of this system may be exempt
pursuant to 5 U.S.C. 552a(j)(2), since the
information is compiled and maintained
by the Naval Criminal Investigative
Command, which performs as its
principle function the enforcement of
criminal laws.
Information specifically authorized to
be classified under E.O. 12958, as
implemented by DoD 5200.1–R, may be
exempt pursuant to 5 U.S.C. 552a(k)(1).
Records maintained in connection
with providing protective services to the
President and other individuals under
18 U.S.C. 3506, may be exempt pursuant
to 5 U.S.C. 552a(k)(3).
Records maintained solely for
statistical research or program
evaluation purposes and which are not
used to make decisions on the rights,
benefits, or entitlement of an individual
except for census records which may be
disclosed under 13 U.S.C. 8, may be
exempt pursuant to 5 U.S.C. 552a(k)(4).
Investigatory material compiled solely
for the purpose of determining
suitability, eligibility, or qualifications
for federal civilian employment,
military service, federal contracts, or
access to classified information may be
exempt pursuant to 5 U.S.C. 552a(k)(5),
but only to the extent that such material
would reveal the identity of a
confidential source.
Testing or examination material used
solely to determine individual
qualifications for appointment or
promotion in the Federal service may be
exempt pursuant to 5 U.S.C. 552a(k)(6),
if the disclosure would compromise the
objectivity or fairness of the test or
examination process.
An exemption rule for this system has
been promulgated in accordance with
requirements of 5 U.S.C. 553(b)(1), (2),
and (3), (c) and (e) and published in 32
CFR part 701, subpart G. For additional
information, contact the system
manager.
[FR Doc. E8–7617 Filed 4–9–08; 8:45 am]
BILLING CODE 5001–06–P
PO 00000
Frm 00038
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19491
DEPARTMENT OF EDUCATION
Submission for OMB Review;
Comment Request
AGENCY:
Department of Education.
The IC Clearance Official,
Regulatory Information Management
Services, Office of Management invites
comments on the submission for OMB
review as required by the Paperwork
Reduction Act of 1995.
SUMMARY:
Interested persons are invited to
submit comments on or before May 12,
2008.
DATES:
Written comments should
be addressed to the Office of
Information and Regulatory Affairs,
Attention: Education Desk Officer,
Office of Management and Budget, 725
17th Street, NW., Room 10222,
Washington, DC 20503. Commenters are
encouraged to submit responses
electronically by email to
oira_submission@omb.eop.gov or via fax
to (202) 395–6974. Commenters should
include the following subject line in
their response ‘‘Comment: [insert OMB
number], [insert abbreviated collection
name, e.g., ‘‘Upward Bound
Evaluation’’]. Persons submitting
comments electronically should not
submit paper copies.
ADDRESSES:
Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The IC Clearance
Official, Regulatory Information
Management Services, Office of
Management, publishes that notice
containing proposed information
collection requests prior to submission
of these requests to OMB. Each
proposed information collection,
grouped by office, contains the
following: (1) Type of review requested,
e.g. new, revision, extension, existing or
reinstatement; (2) Title; (3) Summary of
the collection; (4) Description of the
need for, and proposed use of, the
information; (5) Respondents and
frequency of collection; and (6)
Reporting and/or Recordkeeping
burden. OMB invites public comment.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\10APN1.SGM
10APN1
Agencies
[Federal Register Volume 73, Number 70 (Thursday, April 10, 2008)]
[Notices]
[Pages 19483-19491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7617]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
[USN-2008-0027]
Privacy Act of 1974; System of Records
AGENCY: Department of the Navy, DoD.
ACTION: Notice to Alter a System of Records.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy proposes to alter a system of
records notice in its existing inventory of records systems subject to
the Privacy Act of 1974, (5 U.S.C. 552a), as amended. The alteration
consists of redefining the purpose and routine uses for the system.
DATES: This proposed action will be effective without further notice on
May 12, 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) 685-325-6545.
SUPPLEMENTARY INFORMATION: The Department of the Navy's 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 proposed system reports, as required by 5 U.S.C. 552a(r), of
the Privacy Act of 1974, as amended, was submitted on March 28, 2008,
to the House Committee on Oversight and Government Reform, the Senate
Committee on Homeland Security and Governmental Affairs, and the Office
of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I
to OMB Circular No. A-130, `Federal Agency Responsibilities for
Maintaining Records About Individuals,' dated February 8, 1996
(February 20, 1996, 61 FR 6427).
Dated: April 4, 2008.
L.M. Bynum,
Alternate, OSD Federal Register Liaison Officer, Department of Defense.
N05520-4
SYSTEM NAME:
NCIS Investigative Files System (June 30, 1998, 63 FR 35575).
CHANGES:
* * * * *
SYSTEM LOCATION:
Delete para 2 and replace with ``Decentralized Segments--Located at
the Naval Criminal Investigative Service (NCIS) Field Offices (FO),
Resident Agencies (RA), and Polygraph sites worldwide. Law Enforcement
Information Exchange (LInX) secure remote computer server sites. Naval
Criminal Investigative Service Regional Offices retain copies of
certain portions of some investigative files and related documentation.
The number and location of these Naval Criminal Investigative Service
Field Offices, Naval Criminal Investigative Service Resident Agencies,
and Polygraph sites are subject to change in order to meet the
requirements of the Department of the Navy.''
Delete para 3.
Categories of individuals covered by the system:
Delete para 2 and replace with ``Active, reserve, and inactive
members of the naval service; civilians, to include applicants for
employment with NCIS; both citizen and alien employees located in both
the U.S. and in overseas areas and including temporary, part-time, and
advisory personnel employed by the Department of the Navy; industrial
and contractor personnel; civilian personnel being considered for
sensitive positions, boards, conferences, etc. Civilian personnel who
worked or resided overseas, e.g., Red Cross personnel. Civilian and
military personnel accused, suspected, a witness to, or victims of
felonious type offenses, or lesser offenses impacting on the good
order, discipline, morale or security of the Department of the Navy;
civilian personnel seeking access to or seeking to conduct or operate
any business or other function aboard a Department of the Navy
installation, facility or ship; civilians and civilian or military
personnel who are subjects, co-subjects, witnesses, and victims in law
enforcement and investigative cases in which law enforcement and
investigative authorities (Federal, state, local, tribal, and foreign)
have requested laboratory analysis of submitted evidence for law
enforcement purposes; civilian or military personnel involved in the
loss, compromise, or unauthorized disclosure of classified material/
information; civilian and military personnel who were/are of
counterintelligence interest to the Department of the Navy. Persons
under investigation and parties to the communications whose
communications have been intercepted during wire, electronic or oral
surveillance operations conducted by or on behalf of NCIS.''
Categories of records in the system:
Delete and replace with ``Official investigative reports prepared
by NCIS, DON, Department of Defense (DoD), or other Federal, state,
local, tribal, or foreign law enforcement or investigative bodies.
Biographic data, intelligence/counterintelligence debriefing
reports, information concerning U.S. personnel who are missing,
captured, or detained by a hostile entity. The information may be of
criminal, counterintelligence, or general investigative interest.
[[Page 19484]]
Preliminary Investigation Reports (PIR) document receipt of
information that at the initial stage indicates an incident occurred
involving one or more criminal offenses, however it was subsequently
determined that no criminal offense occurred or that the incident and
offenses did not fall within NCIS' jurisdiction and or responsibility
to investigate.
Polygraph Data.
A listing of persons who submitted to polygraph examination by NCIS
examiners. The data includes the examinee's name, location and results
of the examination and the identity of the examiner. Also, copies of
examination records created in support of criminal investigations. This
data includes statistical and technical data sheets, questions sheets,
charts, numerical evaluation forms, subject statements, consent forms,
medical waivers, interview logs, personal data sheets, and related
documents.
Case Control and Management documents which serve as the basis for
recording, conducting, controlling, and guiding the investigative
activity. Records identifying confidential sources and contacts with
them. Index to persons reported by `Name Only.'
Forensic Laboratory Report Records. Records reporting and
documenting laboratory analysis of submitted evidence. Fingerprint Card
Files. Fingerprint card and related correspondence obtained by DON
designated law enforcement officials and submitted to NCIS Headquarters
for quality review and forwarding to the Federal Bureau of
Investigations in support of criminal investigations.
Personnel Security and Suitability Investigations. Requests for and
results of investigations or inquiries conducted by U.S. Navy or other
DoD, Federal, state, or local investigative agency. Record includes:
Personal history statements; fingerprint cards; personnel security
questionnaire; medical and/or educational records and waivers for
release; requests for and National Agency checks; local agency checks;
military records; birth records; employment records; credit records and
waivers for release; interviews of education, employment, and credit
references; interviews of listed and developed character references;
interviews of neighbors; and other similar records.''
Authority for maintenance of the system:
Delete entry and replace with ``10 U.S.C. 5013, Secretary of the
Navy; 18 U.S.C. 2510-2520 and 3504; 47 U.S.C. 605; DoD Directive
5210.48, Polygraph and Credibility Assessment Program; DoD Regulation
5240.1-R, Procedures Governing the Activities of DoD Intelligence
Components that Affect United States Persons; DoD Directive 5505.9,
Interception of Wire, Electronic, and Oral Communications for Law
Enforcement; Secretary of the Navy Instruction 5430.107, Mission and
Functions of the Naval Criminal Investigative Service; Secretary of the
Navy M-5510.30, Department of the Navy Personnel Security Program;
Secretary of the Navy M-5510.36, Department of the Navy Information
Security Program; OPNAVINST 5530.14, Navy Physical Security and Law
Enforcement; MCO 558.2, Law Enforcement Manual; E.O. 9397 (SSN); E.O.
10450, Security Requirements for Government Employees, in particular
sections 2, 3, 4, 5, 6, 7, 8, 9, and 14; and E.O. 12333, United States
Intelligence Activities.''
Purpose(s):
Delete para 2 and replace with ``The records in this system are
used for the following purposes: suitability for access or continued
access to classified information; suitability for promotion,
employment, or assignment; suitability for access to military
installations or industrial firms engaged in government projects/
contracts; suitability for awards or similar benefits; use in current
law enforcement investigation or program of any type including
applicants; use in judicial or adjudicative proceedings including
litigation or in accordance with a court order; to assist Federal,
state, and local agencies that perform law enforcement or quasi-law
enforcement functions; to assist Federal, state, and local agencies
that perform victim/witness assistance services, child protection
services or family support or sailor services; insurance claims
including workmen's compensation; provide protective operations under
the DoD Distinguished Visitor Protection Program and to assist the U.S.
Secret Service in meeting its responsibilities; assist local law
enforcement agencies in meeting their responsibilities for complying
with Congressionally mandated records checks such as Brady Handgun
Violence Prevention Act checks; used for public affairs or publicity
purposes such as wanted persons announcements, etc.; referral of
matters under their cognizance to Federal, state or local law
enforcement authorities including criminal prosecution, civil court
action or regulatory order; advising higher authorities and naval
commands of the important developments impacting on security, good
order or discipline; reporting of statistical data to naval commands
and higher authority; input into the Defense Security Service managed
Defense Clearance Index of Investigations (DCII) database under system
notice V5-02. Wire, Electronic, and Oral Interceptions Index is
maintained to enable NCIS to quickly locate records of intercept
activities in response to motions for discovery and inquiries.''
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Delete entry and replace with ``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:
(1) To any criminal, civil, or regulatory law enforcement authority
(whether Federal, state, local, tribal, or foreign) where the
information is relevant to the recipient entity's law enforcement
responsibilities.
(2) To a governmental entity lawfully engaged in collecting
criminal law enforcement, criminal law enforcement intelligence, or
national security intelligence information for law enforcement or
intelligence purposes.
(3) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records.
(4) In an appropriate proceeding before a court, or administrative
or adjudicative body, when NCIS determines that the records are
arguably relevant to the proceeding; or in an appropriate proceeding
before an administrative or adjudicative body when the adjudicator
determines the records to be relevant to the proceeding.
(5) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or in informal
discovery proceedings.
(6) To a former employee of NCIS for purposes of: Responding to an
official inquiry by a Federal, state, or local government entity or
professional licensing authority, in accordance with applicable NCIS
regulations; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
NCIS requires information and/or consultation assistance from the
former employee
[[Page 19485]]
regarding a matter within that person's former area of responsibility.
(7) To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
(8) To complainants and/or victims to the extent necessary to
provide such persons with information and explanations concerning the
progress and/or results of the investigation or case arising from the
matters of which they complained and/or of which they were a victim.
(9) To commercial insurance companies in those instances in which
they have a legitimate interest in the results of the investigation,
but only to that extent and provided an unwarranted invasion of privacy
is not involved.
(10) To the White House for the purpose of personnel actions
requiring approval of the President of the United States as provided
for in DoD Instruction 1320.4.
(11) To any person or entity if deemed by NCIS to be necessary in
order to elicit information or cooperation from the recipient for use
by NCIS in the performance of an authorized law enforcement activity.
(12) To any individual, organization, or governmental entity in
order to notify them of a serious terrorist threat for the purpose of
guarding against or responding to such a threat.
The DoD Blanket Routine Uses that appear at the beginning of the
Navy's compilation of systems notices also apply to this system.''
* * * * *
Retrievability:
Delete entry and replace with ``NCIS closed case paper files are
filed by numeric sequential number, alphabetic by company and topical
title, and geographic location; microfilm files are filed by dossier
number and location; and electronic/optically imaged files by case or
control number, name, and Social Security Number (SSN).
In order to locate the file it is necessary to query the Defense
Clearance Index of Investigations. Open case files may also be
retrieved from NCIS automated systems by a case number assigned at the
time the investigation was initiated.
Copies of the files in the Naval Criminal Investigative Service
Field Offices, Naval Criminal Investigative Service Resident Agencies,
and Polygraph sites are retrieved by name. Polygraph sites can also
retrieve copies of the file by polygraph approval number. Wire,
Electronic, and Oral Intercept Index records are retrieved by a
combination of name, address, Social Security Number, telephone number/
radio call sign, or case designation.''
Safeguards:
Delete entry and replace with ``Buildings employ alarms, security
guards, and or rooms with security controlled areas accessible only to
authorized persons. Classified and highly sensitive paper records are
maintained in General Service Administrative approved security
containers. Paper and microform records in NCIS records office are
stored on open shelves and in filing cabinets in security controlled
areas accessible only to authorized persons. Electronically, digital,
and optically stored records are maintained in `fail-safe' system
software with password protected access. Records are accessible only to
authorized persons with a need-to-know who are properly screened,
cleared and trained. Noncurrent hardcopy and master copy of microfilmed
files are retired to the Washington National Records Center where
retrieval is restricted to authorized NCIS personnel.
NCIS employees authorized to work offsite will safeguard
government/agency records from unauthorized disclosure or damage by
transporting only unclassified records in approved locked briefcases,
satchels, or boxes. When not in use by the offsite employee, all
records or case-related material is stored in a locked file cabinet or
desk in the areas designated that is accessible only to authorized
persons. Some documents will be prepared on government computers by
NCIS employees at designated offsite locations. When offsite, computers
may be connected securely to the Navy networks using approved virtual
private network (VPN) software, and data and documents on government
computers are protected using encryption. No data is authorized to be
transferred to or stored on any employee's personal computer. Documents
prepared at designated offsite locations and or temporarily held for
the purposes of offsite work will not be printed at any unauthorized
offsite location.''
Retention and disposal:
Delete entry and replace with ``Counterintelligence (CI)/
Counterterrorism (CT) Records: CI records are retained in the active
file until the case is closed, then retired to the NCIS records office;
then destroyed 25 years after the date of last action. Major CI/CT
investigations are retired to the NCIS records office upon case
closure; then transferred to the National Archives when 50 years old.
Copies may be retained at NCIS Field Offices for one year after
case closure unless extended retention is authorized. Source records
are retained in the active file until the operation is complete; then
destroyed 75 years after the date of the last action.
Reciprocal CI/CT investigative files regarding individuals or
organizations under investigative jurisdiction of the requesting agency
are disposed of as prescribed above for CI/CT investigative records;
except when the request is for CI/CT personnel security matters; then
the file is destroyed after one year.
CI defensive briefings are retained until case closure, retired to
the NCIS records office; then destroyed after 15 years. Foreign
national marriage and visa applicant investigations are retired to the
NCIS records office upon case closure; then destroyed after one year
except when the investigation surfaces significant derogatory material.
These files are destroyed after five years.
Records pertaining to CI polygraph examinations conducted in
support of CI activities are filed with the case file and disposed of
in accordance with the guidance for the associated file.
CI Security Polygraph Program (CSP) records are maintained in the
active file until no longer needed; then disposed of after the final
quality control review as follows: (1) CSP cases favorably resolved are
destroyed after the final quality assurance review, except at NCIS
Polygraph Units which retain the CSP investigative reports only;
destroying it when no longer needed or after one year (2) CSP cases
other than favorably resolved are destroyed 25 years after completion
of the final quality assurance review, except when an existing criminal
investigation exists.
In such cases the CSP Package is incorporated into the
investigative file and disposed of in accordance with the disposition
guidance for the dossier (3) audio tape recordings of routine CSP
examinations with no significant responses are erased when no longer
needed or after 90 days. Recordings referred for further investigation
are incorporated into the investigative case file and disposed of in
accordance with the disposition guidance for the dossier.
Personnel investigations: Completed NCIS investigative files on
Personnel Security Investigations (PSI's) are destroyed after 15 years
unless significant incidents or adverse information is developed, in
which case they are destroyed after 25 years. PSI files on persons
considered for affiliation with DoD will be destroyed within one year
if the affiliation is not consummated. Special Agent applicant records
are retained for one year if the
[[Page 19486]]
applicant declines offer of employment and five years if the applicant
is rejected for employment. Non-DoD-affiliated applicant records are
destroyed when no longer needed or after 90 days. Records for
applicants who are accepted are retired to NCIS records office upon
case closure; then destroyed 10 years after release, separation,
transfer, retirement, or resignation. Internal personnel inquiries
records are retired to NCIS records office after case closure; then
destroyed 15 years after case closure.
Limited inquiries records are retired to NCIS records office at
inquiry closure; then destroyed after 5 years.
Support applicant records are retired to NCIS records office at
case closure; then destroyed after 15 years.
Law Enforcement Records: Criminal investigative files are destroyed
after 25 years, except (1) controlled death and criminal sex
investigations and investigations created on or after January 1, 1988
and where DoDI 5505.11 requires submission of offender criminal history
data to the FBI are destroyed 50 years after date of case closure (2)
files of cases determined to be of historical value are transferred to
NARA 50 years after the date of the last action, except Grand Jury
material which is destroyed at the time of transfer. Copies may be
retained at NCIS Field Offices for one year after case closure unless
extended retention is authorized.
Incident Reports (IR) received from Navy Law Enforcement and Marine
Corps Military Police offices pertaining to categories of
investigations/reports under the jurisdiction of NCIS and created prior
to 1 January 1988 are destroyed when 25 years old. Cases created on or
after 1 January 1988 are destroyed when 50 years old. Cases referred
but determined not under NCIS jurisdiction are destroyed when no longer
needed. Copies may be retained at the submitting office for two years
after case closure unless extended retention is authorized.
Criminal Initiative Operations files are retired to NCIS records
office upon closure; then destroyed 15 years after closure for Group 1
records and five years for Group 2.
Protective Operations files involving protective details of
distinguished persons are destroyed when five years old, except records
where a threat or attempted threat materialized are destroyed when 25
years old.
Law enforcement source records are retired to NCIS records office
after case closure and destroyed 15 years after the date of last
action.
Preliminary Investigation Reports (PIR) Records are used to
document the receipt of information that at the initial stage indicated
an incident occurred involving one or more criminal offenses, however,
it was subsequently determined that no criminal offense occurred or
that the incident and offenses did not fall within NCIS' jurisdiction
and or responsibility to investigate. These records are destroyed/
deleted 5 years after case closure.
Reciprocal investigative files regarding requests for investigative
assistance from other Federal, state and local law enforcement agencies
are disposed of as prescribed for the criminal investigative reports
and IRs, as appropriate. Polygraph examinations conducted for criminal
investigations are quality assured and filed in the associated criminal
investigation. Disposition is in accordance with the guidance for the
investigative case file.
Wire, Electronic, Oral Interception Index computer entries are
deleted upon destruction or transfer to NARA of the case file
containing intercept information. Disposition of the case files is
governed by the NARA approved retention period applied to the case
dossier.
Hardcopy records used to create the index are destroyed upon
verification that the indexing information has been fully and
accurately entered into the automated index.
National Crime Information Center (NCIC) records that support
Department of the Navy entries into the FBI's National Crime
Information Center are destroyed after the related entry is deleted
from the National Crime Information Center computer.
Microfiche copies are destroyed when all cases on the fiche are
cleared from the National Crime Information Center.
Fingerprint card files are disposed of as follows:
(1) digital capture of one fingerprint card set is forwarded to the
Federal Bureau of Investigation; and the card is destroyed when it is
verified that the digitally copy was accurately captured and
transferred
(2) second fingerprint card, indices, and related correspondence
are destroyed when 5 years old.
Counterintelligence records retained solely for the purpose of
determining whether the information may be permanently retained on
persons not affiliated with DoD must be destroyed within 90 days,
unless retention is required by law or specifically approved by the
Secretary of the Navy.
Counterintelligence Security Polygraph packages forwarded to Naval
Criminal Investigative Service headquarters is destroyed when 35 years
old. Files retained in the Naval Criminal Investigative Service Field
Offices and Naval Criminal Investigative Service Resident Agencies and
Polygraph sites are temporary and are destroyed after 90 days or
earlier if no longer needed.
Destruction of records will be by shredding, burning, or pulping
for paper records; burning for microform records; and magnetic erasing
for computerized records. Optical digital data and CD ROM records are
destroyed as specified by Department of the Navy, Information Assurance
Remanence Publication 5239-26.''
* * * * *
N05520-4
System name:
NCIS Investigative Files System.
System location:
Primary System: Director, Naval Criminal Investigative Service,
Washington Navy Yard, Building 111, 716 Sicard Street, SE., Washington,
DC 20388-5380.
Decentralized Segments--Located at the Naval Criminal Investigative
Service (NCIS) Field Offices (FO), Resident Agencies (RA), and
Polygraph sites worldwide. Law Enforcement Information Exchange (LInX)
secure remote computer server sites. Naval Criminal Investigative
Service Regional Offices retain copies of certain portions of some
investigative files and related documentation. The number and location
of these Naval Criminal Investigative Service Field Offices, Naval
Criminal Investigative Service Resident Agencies, and Polygraph sites
are subject to change in order to meet the requirements of the
Department of the Navy.
Consolidated Evidence Facilities maintain evidence inventory
records.
Current locations of NCIS decentralized segments may be obtained
from the Director, Naval Criminal Investigative Service, Washington
Navy Yard, Building 111, 716 Sicard Street, SE., Washington, DC 20388-
5380.
Categories of individuals covered by the system:
Persons in the following categories who require access to
classified defense information and others who are of criminal,
counterintelligence, security or general investigative interest to
NCIS:
Active, reserve, and inactive members of the naval service;
civilians, to include applicants for employment with NCIS; both citizen
and alien employees located in both the U.S. and in overseas areas and
including temporary, part-
[[Page 19487]]
time, and advisory personnel employed by the Department of the Navy;
industrial and contractor personnel; civilian personnel being
considered for sensitive positions, boards, conferences, etc. Civilian
personnel who worked or resided overseas, e.g., Red Cross personnel.
Civilian and military personnel accused, suspected, a witness to, or
victims of felonious type offenses, or lesser offenses impacting on the
good order, discipline, morale or security of the Department of the
Navy; civilian personnel seeking access to or seeking to conduct or
operate any business or other function aboard a Department of the Navy
installation, facility or ship; civilians and civilian or military
personnel who are subjects, co-subjects, witnesses, and victims in law
enforcement and investigative cases in which law enforcement and
investigative authorities (Federal, state, local, tribal, and foreign)
have requested laboratory analysis of submitted evidence for law
enforcement purposes; civilian or military personnel involved in the
loss, compromise, or unauthorized disclosure of classified material/
information; civilian and military personnel who were/are of
counterintelligence interest to the Department of the Navy. Persons
under investigation and parties to the communications whose
communications have been intercepted during wire, electronic or oral
surveillance operations conducted by or on behalf of NCIS.
Authority for maintenance of the system:
10 U.S.C. 5013, Secretary of the Navy; 18 U.S.C. 2510-2520 and
3504; 47 U.S.C. 605; DoD Directive 5210.48, Polygraph and Credibility
Assessment Program; DoD Regulation 5240.1-R, Procedures Governing the
Activities of DoD Intelligence Components that Affect United States
Persons; DoD Directive 5505.9, Interception of Wire, Electronic, and
Oral Communications for Law Enforcement; Secretary of the Navy
Instruction 5430.107, Mission and Functions of the Naval Criminal
Investigative Service; Secretary of the Navy M-5510.30, Department of
the Navy Personnel Security Program; Secretary of the Navy M-5510.36,
Department of the Navy Information Security Program; OPNAVINST 5530.14,
Navy Physical Security and Law Enforcement; MCO 558.2, Law Enforcement
Manual; E.O. 10450, Security Requirements for Government Employees, in
particular sections 2, 3, 4, 5, 6, 7, 8, 9, and 14; E.O. 12333, United
States Intelligence Activities and E.O. 9397 (SSN).
Purpose(s):
The information in this system is (was) collected to meet the
investigative, counterintelligence, and security responsibilities of
the Department of the Navy. This includes personal, personnel security,
internal security, criminal, and other law enforcement matters all of
which are essential to the effective operation of the Department of the
Navy.
The records in this system are used for the following purposes:
suitability for access or continued access to classified information;
suitability for promotion, employment, or assignment; suitability for
access to military installations or industrial firms engaged in
government projects/contracts; suitability for awards or similar
benefits; use in current law enforcement investigation or program of
any type including applicants; use in judicial or adjudicative
proceedings including litigation or in accordance with a court order;
to assist Federal, state and local agencies that perform law
enforcement or quasi-law enforcement functions; to assist Federal,
state and local agencies that perform victim/witness assistance
services, child protection services or family support or sailor
services; insurance claims including workmen's compensation; provide
protective operations under the DoD Distinguished Visitor Protection
Program and to assist the U.S. Secret Service in meeting its
responsibilities; assist local law enforcement agencies in meeting
their responsibilities for complying with Congressionally mandated
records checks such as Brady Handgun Violence Prevention Act checks;
used for public affairs or publicity purposes such as wanted persons
announcements, etc; referral of matters under their cognizance to
Federal, state or local law enforcement authorities including criminal
prosecution, civil court action or regulatory order; advising higher
authorities and naval commands of the important developments impacting
on security, good order or discipline; reporting of statistical data to
naval commands and higher authority; input into the Defense Security
Service managed Defense Clearance Index of Investigations (DCII)
database under system notice V5-02. Wire, Electronic, and Oral
Interceptions Index is maintained to enable NCIS to quickly locate
records of intercept activities in response to motions for discovery
and inquiries.
Users of the records in this system include NCIS employees who
require access for operational, administrative, or supervisory
purposes; DoD criminal investigative and intelligence units; DoD
components making suitability determinations.
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:
(1) To any criminal, civil, or regulatory law enforcement authority
(whether Federal, state, local, tribal, or foreign) where the
information is relevant to the recipient entity's law enforcement
responsibilities.
(2) To a governmental entity lawfully engaged in collecting
criminal law enforcement, criminal law enforcement intelligence, or
national security intelligence information for law enforcement or
intelligence purposes.
(3) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records.
(4) In an appropriate proceeding before a court, or administrative
or adjudicative body, when NCIS determines that the records are
arguably relevant to the proceeding; or in an appropriate proceeding
before an administrative or adjudicative body when the adjudicator
determines the records to be relevant to the proceeding.
(5) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or in informal
discovery proceedings.
(6) To a former employee of NCIS for purposes of: responding to an
official inquiry by a Federal, state, or local government entity or
professional licensing authority, in accordance with applicable NCIS
regulations; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
NCIS requires information and/or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
(7) To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
(8) To complainants and/or victims to the extent necessary to
provide such persons with information and
[[Page 19488]]
explanations concerning the progress and/or results of the
investigation or case arising from the matters of which they complained
and/or of which they were a victim.
(9) To commercial insurance companies in those instances in which
they have a legitimate interest in the results of the investigation,
but only to that extent and provided an unwarranted invasion of privacy
is not involved.
(10) To the White House for the purpose of personnel actions
requiring approval of the President of the United States as provided
for in DoD Instruction 1320.4.
(11) To any person or entity if deemed by NCIS to be necessary in
order to elicit information or cooperation from the recipient for use
by NCIS in the performance of an authorized law enforcement activity.
(12) To any individual, organization, or governmental entity in
order to notify them of a serious terrorist threat for the purpose of
guarding against or responding to such a threat.
The DoD 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:
Maintained on paper records in file folders, audio and audiovisual
tapes, microimaging, electronic systems, magnetic tape, optical digital
data disks, CD ROM, and computer output products. Some laboratory
documents are stored in loose-leaf notebooks or bound record books.
Retrievability:
NCIS closed case paper files are filed by numeric sequential
number, alphabetic by company and topical title, and geographic
location; microfilm files are filed by dossier number and location; and
electronic/optically imaged files by case or control number, name, and
Social Security Number (SSN).
In order to locate the file it is necessary to query the Defense
Clearance Index of Investigations. Open case files may also be
retrieved from NCIS automated systems by a case number assigned at the
time the investigation was initiated.
Copies of the files in the Naval Criminal Investigative Service
Field Offices, Naval Criminal Investigative Service Resident Agencies,
and Polygraph sites are retrieved by name.
Polygraph sites can also retrieve copies of the file by polygraph
approval number. Wire, Electronic, and Oral Intercept Index records are
retrieved by a combination of name, address, Social Security Number,
telephone number/radio call sign, or case designation.
Safeguards:
Buildings employ alarms, security guards, and or rooms with
security controlled areas accessible only to authorized persons.
Classified and highly sensitive paper records are maintained in General
Service Administrative approved security containers. Paper and
microform records in NCIS records office are stored on open shelves and
in filing cabinets in security controlled areas accessible only to
authorized persons. Electronically, digital, and optically stored
records are maintained in `fail-safe' system software with password
protected access. Records are accessible only to authorized persons
with a need-to-know who are properly screened, cleared and trained.
Noncurrent hardcopy and master copy of microfilmed files are retired to
the Washington National Records Center where retrieval is restricted to
authorized NCIS personnel.
NCIS employees authorized to work offsite will safeguard
government/agency records from unauthorized disclosure or damage by
transporting only unclassified records in approved locked briefcases,
satchels, or boxes. When not in use by the offsite employee, all
records or case-related material is stored in a locked file cabinet or
desk in the areas designated that is accessible only to authorized
persons. Some documents will be prepared on government computers by
NCIS employees at designated offsite locations. When offsite, computers
may be connected securely to the Navy networks using approved virtual
private network (VPN) software, and data and documents on government
computers are protected using encryption. No data is authorized to be
transferred to or stored on any employee's personal computer. Documents
prepared at designated offsite locations and or temporarily held for
the purposes of offsite work will not be printed at any unauthorized
offsite location.
Retention and disposal:
Counterintelligence (CI) Records:
CI records are retained in the active file until the case is
closed; then destroyed 25 years after the date of last action. Major CI
investigations are retired to the NCIS records office upon case
closure; then transferred to the National Archives and Records
Administration (NARA) when 25 years old.
Source records are retained in the active file until the operation
is complete; then destroyed 75 years after the date of the last action.
Reciprocal CI investigative files regarding individuals or
organizations under investigative jurisdiction of the requesting agency
are disposed of as prescribed above for CI investigative records;
except when the request is for CI personnel security matters; then the
file is destroyed after one year. CI defensive briefings are retained
until case closure, retired to the NCIS records office; then destroyed
after 15 years. Foreign national marriage and visa applicant
investigations are retired to the NCIS records office upon case
closure; then destroyed after one year except when the investigation
surfaces significant derogatory material. These files are destroyed
after five years.
Records pertaining to CI polygraph examinations conducted in
support of CI activities are filed with the case file and disposed of
in accordance with the guidance for the associated file. CI Security
Polygraph Program (CSP) records are maintained in the active file until
no longer needed; then disposed of after the final quality control
review as follows: (1) CSP cases favorably resolved are destroyed after
the final quality assurance review, except at NCIS Polygraph Units
which retain the CSP investigative reports only; destroying it when no
longer needed or after one year (2) CSP cases other than favorably
resolved are destroyed 25 years after completion of the final quality
assurance review, except when an existing criminal investigation
exists. In such cases the CSP Package is incorporated into the
investigative file and disposed of in accordance with the disposition
guidance for the dossier (3) audio tape recordings of routine CSP
examinations with no significant responses are erased when no longer
needed or after 90 days. Recordings referred for further investigation
are incorporated into the investigative case file and disposed of in
accordance with the disposition guidance for the dossier.
Personnel investigations:
Completed NCIS investigative files on Personnel Security
Investigations (PSI's) are destroyed after 15 years unless significant
incidents or adverse information is developed, in which case they are
destroyed after 25 years. PSI files on persons considered for
affiliation with DoD will be destroyed within one year if the
affiliation is not consummated. Special Agent applicant records are
retained for one year if the
[[Page 19489]]
applicant declines offer of employment and five years if the applicant
is rejected for employment. Non-DoD-affiliated applicant records are
destroyed when no longer needed or after 90 days. Records for
applicants who are accepted are retired to NCIS records office upon
case closure; then destroyed 10 years after release, separation,
transfer, retirement, or resignation. Internal personnel inquiries
records are retired to NCIS records office after case closure; then
destroyed 25 years after the date of last action or 10 years after
termination of employment, whichever is later.
Limited inquiries records are retired to NCIS records office at
inquiry closure; then destroyed after 5 years. Support applicant
records are retired to NCIS records office at case closure; then
destroyed after 15 years.
Law Enforcement Records:
Criminal investigative files are destroyed after 25 years, except
(1) controlled death investigations which are destroyed 75 years after
date of case closure (2) files of cases determined to be of historical
value are transferred to NARA 25 years after the date of the last
action, except Grand Jury material which is destroyed at the time of
transfer. Incident Complaint Reports (ICR) received from Navy Shore
Patrol and Marine Corps military police offices pertaining to
categories of investigations/reports under the jurisdiction of NCIS are
destroyed when 25 years old. Cases referred but determined not under
NCIS jurisdiction are destroyed when no longer needed.
Criminal intelligence operations files are retired to NCIS records
office upon closure; then destroyed 15 years after closure for Group 1
records and five years for Group 2. Protective operations files
involving protective details of distinguished persons are destroyed
when five years old, except records where a threat or attempted threat
materialized are destroyed when 25 years old.
Law enforcement source (also called `cooperating witness') records
are retired to NCIS records office after case closure and destroyed 15
years after the date of last action. Information reports consisting of
incidental information impacting on the security or discipline of
commands or of interest to other law enforcement elements are destroyed
when 25 years old.
Reciprocal investigative files regarding requests for investigative
assistance from other Federal, state and local law enforcement agencies
are disposed of as prescribed for the criminal investigative reports
and ICRs, as appropriate.
Polygraph examinations conducted for criminal investigations are
quality assured and filed in the associated criminal investigation.
Disposition is in accordance with the guidance for the investigative
case file.
Wire, Electronic, Oral Interception Index computer entries are
deleted upon destruction or transfer to NARA of the case file
containing intercept information. Disposition of the case files is
governed by the NARA approved retention period applied to the case
dossier. Hardcopy records used to create the index are destroyed upon
verification that the indexing information has been fully and
accurately entered into the automated index. National Crime Information
Center (NCIC) records that support Department of the Navy entries into
the FBI's National Crime Information Center are destroyed after the
related entry is deleted from the National Crime Information Center
computer. Microfiche copies are destroyed when all cases on the fiche
are cleared from the National Crime Information Center.
Laboratory fingerprint card files are disposed of as follows:
(1) One fingerprint card set is forwarded to the Federal Bureau of
Investigation; the other set is destroyed when 75 years old.
(2) Fingerprint card indices and related correspondence are
destroyed when all administrative needs have expired.
Counterintelligence records on persons not affiliated with DoD must
be destroyed within 90 days or one year under criteria set forth in DoD
Directive 5200.27, unless retention is required by law or specifically
approved by the Secretary of the Navy. Files retained in the Naval
Criminal Investigative Service Field Offices and Naval Criminal
Investigative Service Resident Agencies and Polygraph sites are
temporary and are destroyed after 90 days or one year, as appropriate.
Destruction of records will be by shredding, burning, or pulping
for paper records; burning for microform records; and magnetic erasing
for computerized records. Optical digital data and CD ROM records are
destroyed as specified by NAVSO P-5239-26, `Remanence Security
Guidebook' of September 1993.
Counterintelligence (CI)/ Counterterrorism (CT) Records: CI records
are retained in the active file until the case is closed, then retired
to the NCIS records office; then destroyed 25 years after the date of
last action. Major CI/CT investigations are retired to the NCIS records
office upon case closure; then transferred to the National Archives
when 50 years old.
Copies may be retained at NCIS Field Offices for one year after
case closure unless extended retention is authorized. Source records
are retained in the active file until the operation is complete; then
destroyed 75 years after the date of the last action.
Reciprocal CI/CT investigative files regarding individuals or
organizations under investigative jurisdiction of the requesting agency
are disposed of as prescribed above for CI/CT investigative records;
except when the request is for CI/CT personnel security matters; then
the file is destroyed after one year.
CI defensive briefings are retained until case closure, retired to
the NCIS records office; then destroyed after 15 years. Foreign
national marriage and visa applicant investigations are retired to the
NCIS records office upon case closure; then destroyed after one year
except when the investigation surfaces significant derogatory material.
These files are destroyed after five years.
Records pertaining to CI polygraph examinations conducted in
support of CI activities are filed with the case file and disposed of
in accordance with the guidance for the associated file.
CI Security Polygraph Program (CSP) records are maintained in the
active file until no longer needed; then disposed of after the final
quality control review as follows: (1) CSP cases favorably resolved are
destroyed after the final quality assurance review, except at NCIS
Polygraph Units which retain the CSP investigative reports only;
destroying it when no longer needed or after one year (2) CSP cases
other than favorably resolved are destroyed 25 years after completion
of the final quality assurance review, except when an existing criminal
investigation exists.
In such cases the CSP Package is incorporated into the
investigative file and disposed of in accordance with the disposition
guidance for the dossier (3) audio tape recordings of routine CSP
examinations with no significant responses are erased when no longer
needed or after 90 days. Recordings referred for further investigation
are incorporated into the investigative case file and disposed of in
accordance with the disposition guidance for the dossier.
Personnel investigations: Completed NCIS investigative files on
Personnel Security Investigations (PSI's) are destroyed after 15 years
unless significant incidents or adverse information is developed, in
which case they are destroyed after 25 years. PSI files on persons
considered for affiliation with DoD will be destroyed within one year
if the affiliation is not consummated. Special Agent applicant records
are retained for one year if the
[[Page 19490]]
applicant declines offer of employment and five years if the applicant
is rejected for employment. Non-DoD-affiliated applicant records are
destroyed when no longer needed or after 90 days. Records for
applicants who are accepted are retired to NCIS records office upon
case closure; then destroyed 10 years after release, separation,
transfer, retirement, or resignation. Internal personnel inquiries
records are retired to NCIS records office after case closure; then
destroyed 15 years after case closure.
Limited inquiries records are retired to NCIS records office at
inquiry closure; then destroyed after 5 years.
Support applicant records are retired to NCIS records office at
case closure; then destroyed after 15 years.
Law Enforcement Records: Criminal investigative files are destroyed
after 25 years, except (1) controlled death and criminal sex
investigations and investigations created on or after January 1, 1988
and where DoDI 5505.11 requires submission of offender criminal history
data to the FBI are destroyed 50 years after date of case closure (2)
files of cases determined to be of historical value are transferred to
NARA 50 years after the date of the last action, except Grand Jury
material which is destroyed at the time of transfer. Copies may be
retained at NCIS Field Offices for one year after case closure unless
extended retention is authorized.
Incident Reports (IR) received from Navy Law Enforcement and Marine
Corps Military Police offices pertaining to categories of
investigations/reports under the jurisdiction of NCIS and created prior
to 1 January 1988 are destroyed when 25 years old. Cases created on or
after 1 January 1988 are destroyed when 50 years old. Cases referred
but determined not under NCIS jurisdiction are destroyed when no longer
needed. Copies may be retained at the submitting office for two years
after case closure unless extended retention is authorized.
Criminal Initiative Operations files are retired to NCIS records
office upon closure; then destroyed 15 years after closure for Group 1
records and five years for Group 2.
Protective Operations files involving protective details of
distinguished persons are destroyed when five years old, except records
where a threat or attempted threat materialized are destroyed when 25
years old.
Law enforcement source records are retired to NCIS records office
after case closure and destroyed 15 years after the date of last
action.
Preliminary Investigation Reports (PIR) Records are used to
document the receipt of information that at the initial stage indicated
an incident occurred involving one or more criminal offenses, however,
it was subsequently determined that no criminal offense occurred or
that the incident and offenses did not fall within NCIS' jurisdiction
and or responsibility to investigate. These records are destroyed/
deleted 5 years after case closure.
Reciprocal investigative files regarding requests for investigative
assistance from other Federal, state and local law enforcement agencies
are disposed of as prescribed for the criminal investigative reports
and IRs, as appropriate.
Polygraph examinations conducted for criminal investigations are
quality assured and filed in the associated criminal investigation.
Disposition is in accordance with the guidance for the investigative
case file.
Wire, Electronic, Oral Interception Index computer entries are
deleted upon destruction or transfer to NARA of the case file
containing intercept information. Disposition of the case files is
governed by the NARA approved retention period applied to the case
dossier.
Hardcopy records used to create the index are destroyed upon
verification that the indexing information has been fully and
accurately entered into the automated index.
National Crime Information Center (NCIC) records that support
Department of the Navy entries into the FBI's National Crime
Information Center are destroyed after the related entry is deleted
from the National Crime Information Center computer.
Microfiche copies are destroyed when all cases on the fiche are
cleared from the National Crime Information Center.
Fingerprint card files are disposed of as follows:
(1) Digital capture of one fingerprint card set is forwarded to the
Federal Bureau of Investigation; and the card is destroyed when it is
verified that the digitally copy was accurately captured and
transferred
(2) Second fingerprint card, indices, and related correspondence
are destroyed when 5 years old.
Counterintelligence records retained solely for the purpose of
determining whether the information may be permanently retained on
persons not affiliated with DoD must be destroyed within 90 days,
unless retention is required by law or specifically approved by the
Secretary of the Navy.
Counterintelligence Security Polygraph packages forwarded to Naval
Criminal Investigative Service headquarters is destroyed when 35 years
old. Files retained in the Naval Criminal Investigative Service Field
Offices and Naval Criminal Investigative Service Resident Agencies and
Polygraph sites are temporary and are destroyed after 90 days or
earlier if no longer needed.
Destruction of records will be by shredding, burning, or pulping
for paper records; burning for microform records; and magnetic erasing
for computerized records. Optical digital data and CD ROM records are
destroyed as specified by Department of the Navy, Information Assurance
Remanence Publication 5239-26.
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 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, or
Social Security Number (SSN). Persons submitting written requests must
properly establish their identity to the satisfaction of the Naval
Criminal Investigative Service. In addition, the requester must provide
a notarized statement or an unsworn declaration in accordance with 28
U.S.C. 1746, in the following format:
If executed outside the United States: I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).
If executed within the United States, its territories, possessions,
or commonwealths: I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).
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
[[Page 19491]]
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 (SSN). Persons submitting written requests must
properly establish their identity to the satisfaction of the Naval
Criminal Investigative Service. In addition, the requester must provide
a notarized statement or an unsworn declaration in accordance with 28
U.S.C. 1746, in the following format:
If executed outside the United States: I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).
If executed within the United States, its territories, possessions,
or commonwealths: I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).
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:
From individual, DoD and Military Department records; Federal
Agency records; foreign law enforcement agencies, security,
intelligence, investigatory, or administrative authorities; state,
county, and municipal records; employment records of public schools,
colleges, universities, technical and trade schools; hospital records;
real estate agencies; credit bureaus; financial institutions which
maintain credit information on individuals such as loan and mortgage
companies, credit unions, banks, etc.; transportation companies
(airlines, railroad, etc.); other private records sources deemed
necessary in order to complete an investigation; miscellaneous records
such as: telephone directories, city directories; Who's Who in America;
Who's Who in Commerce and Industry; Who Knows What, a listing of
experts in various fields; American Medical Directory; Martindale-
Hubbell Law Directory; U.S. Postal Guide; Insurance Directory; Dunn and
Bradstreet; and the U.S. Navy BIDEX (Biographical Index); any other
type of miscellaneous records deemed necessary to complete the
investigation or inquiry; the interview of individuals who have
knowledge of the subject's background and activities; the interview of
witnesses, victims, confidential sources, and or other individuals
deemed necessary to complete the investigation.
Exemptions claimed for the system:
Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2),
since the information is compiled and maintained by the Naval Criminal
Investigative Command, which performs as its principle function the
enforcement of criminal laws.
Information specifically authorized to be classified under E.O.
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5
U.S.C. 552a(k)(1).
Records maintained in connection with providing protective services
to the President and other individuals under 18 U.S.C. 3506, may be
exempt pursuant to 5 U.S.C. 552a(k)(3).
Records maintained solely for statistical research or program
evaluation purposes and which are not used to make decisions on the
rights, benefits, or entitlement of an individual except for census
records which may be disclosed under 13 U.S.C. 8, may be exempt
pursuant to 5 U.S.C. 552a(k)(4).
Investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for federal
civilian employment, military service, federal contracts, or access to
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5),
but only to the extent that such material would reveal the identity of
a confidential source.
Testing or examination material used solely to determine individual
qualifications for appointment or promotion in the Federal service may
be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would
compromise the objectivity or fairness of the test or examination
process.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (e) and published in 32 CFR part 701, subpart G. For additional
information, contact the system manager.
[FR Doc. E8-7617 Filed 4-9-08; 8:45 am]
BILLING CODE 5001-06-P