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1 April 2008
[Federal Register: April 1, 2008 (Volume 73, Number 63)]
[Notices]
[Page 17328-17331]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap08-44]
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DEPARTMENT OF DEFENSE
Department of the Navy
[USN-2008-0017]
Privacy Act of 1974; System of Records
AGENCY: Department of the Navy, DoD.
ACTION: Notice to Amend a System of Records
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending a system of records
notice in its existing inventory of record systems subject to the
Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: This proposed action will be effective without further notice on
May 1, 2008 unless comments are received which result in a contrary
determination.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy
Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon,
Washington, DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545.
SUPPLEMENTARY INFORMATION: The Department of the Navy systems of
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as
amended, have been published in the Federal Register and are available
from the address above.
The specific changes to the record system being amended are set
forth below followed by the notice, as amended, published in its
entirety. The proposed amendments are not within the purview of
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended,
which requires the submission of a new or altered system report.
Dated: March 26, 2008.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N01070-12
System name:
NCIS Administrative Files System (February 22, 1993, 58 FR 10702).
Changes:
* * * * *
System location:
Delete entry and replace with ``Primary: Director, Naval Criminal
Investigative Service, Washington Navy Yard, Building 111, 716 Sicard
Street, SE., Washington Navy Yard, DC 20388-5380.
Decentralized Segments: Naval Criminal Investigative Service Field
Offices (NCISFOs) retain duplicate copies of certain segments of the
administrative files. Official mailing addresses are published in the
Standard Navy Distribution List that is available at http://
doni.daps.dla.mil/sndl.aspx.''
Categories of individuals covered by the system:
At end of entry, add ``Persons communicating by correspondence with
DON and NCIS.''
[[Page 17329]]
Categories of records in the system:
Delete para 6.
Add the following new paras: ``Full name, Social Security Number (SSN),
grade level, duty station, special qualifications, or language
qualifications, date and place of birth.
Unsubstantiated reports to DON components from members of the
public alleging imminent invasion, plots, and similar events of a
delusional nature and assorted ``crank'' letters.
Unsolicited letters and other communications received by or
referred to NCIS for analysis and inquiry when contents convey or can
be interpreted to convey a possible threat to DON persons or
property.''
Authority for maintenance of the system:
Delete entry and replace with ``10 U.S.C. 5013, Secretary of the
Navy and E.O. 9397 (SSN).''
Purpose(s):
Delete last para and replace with the following new paras: ``The
records in this system may be used by other DoD components requiring
confirmation of security clearance levels and for statistical purposes.
Unsolicited letters and other communications received by or
referred to NCIS for analysis are used to determine if a possible
threat exists or might exist at a later date upon the receipt of
additional correspondence. When a threat is determined possible, a
formal investigative case is opened.''
* * * * *
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Delete entry and replace with ``Automated, electronic media, and
paper records.''
Retrievability:
Delete last para and replace with the following two paras: ``For
unsubstantiated reports to DON components from members of the public
alleging imminent invasion, plots, and similar events of a delusional
nature and assorted ``crank'' letters unsolicited suspicious by name.
For unsolicited letters and other communications received by or
referred to NCIS for analysis, retrieved by name.''
* * * * *
Retention and disposal:
Delete last entry and replace with the following two paras:
``Unsubstantiated reports to DON components from members of the public
alleging imminent invasion, plots, and similar events of a delusional
nature and assorted ``crank'' letters are deleted 1 year. Early
destruction is authorized if determined no longer pertinent by annual
review.
Unsolicited letters and other communications received by or
referred to NCIS are deleted 50 years after last entry except paper
copy of imaged correspondence which is destroyed upon verification that
the record copy has been fully and accurately converted to electronic/
optical images.''
System manager(s) and address:
Delete entry and replace with ``Director, Naval Criminal
Investigative Service, Washington Navy Yard, Building 111, 716 Sicard
Street, SE., Washington, DC 20388-5380.''
Notification procedure:
Delete entry and replace with ``Individuals seeking to determine
whether this system of records contains information about themselves
should address written inquiries to the Director, Naval Criminal
Investigative Service, Washington Navy Yard, Building 111, Code 00LJF,
716 Sicard Street, SE., Washington, DC 20388-5380.
``Requests must contain the full name of the individual and at
least one additional personal identifier such as date and place of
birth, or Social Security Number (SSN). Persons submitting written
requests must properly establish their identity to the satisfaction of
the Naval Criminal Investigative Service. This can be accomplished by
providing an unsworn declaration that states ``I declare under perjury
or penalty under the laws of the United States of America that the
foregoing is true and correct.''
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for their
representative to act on their behalf.''
Record access procedures:
Delete entry and replace with ``Individuals seeking access to
records about themselves contained in this system of records should
address written inquiries to the Director, Naval Criminal Investigative
Service, Washington Navy Yard, Building 111, Code 00JF, 716 Sicard
Street, SE., Washington, DC 20388-5380.
Requests must contain the full name of the individual and at least
one additional personal identifier such as date and place of birth and
Social Security Number. Persons submitting written requests must
properly establish their identity to the satisfaction of the Naval
Criminal Investigative Service. This can be accomplished by providing
an unsworn declaration that states ``I declare under perjury or penalty
under the laws of the United States of America that the foregoing is
true and correct.''
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for their
representative to act on their behalf.''
Record source categories:
Delete last para and replace with ``Information for the unsolicited
letters database is obtained from the individual. Also contains copies
of analytical and other information and reports created during course
of NCIS' inquiry.''
* * * * *
N01070-12
System name:
NCIS Administrative Files System.
System location:
Primary: Director, Naval Criminal Investigative Service, Washington
Navy Yard, Building 111, 716 Sicard Street, SE., Washington Navy Yard,
DC 20388-5380.
Decentralized Segments: Naval Criminal Investigative Service Field
Offices (NCISFOs) retain duplicate copies of certain segments of the
administrative files. Official mailing addresses are published in the
Standard Navy Distribution List that is available at http://
doni.daps.dla.mil/sndl.aspx.
Categories of individuals covered by the system:
Past and present civilian, military, and foreign national personnel
assigned world-wide to the Naval Criminal Investigative Service.
Persons communicating by correspondence with DON and NCIS.
Categories of records in the system:
Full name, Social Security Number (SSN), grade level, duty station,
special qualifications, or language qualifications, date and place of
birth.
Personnel and Resource Information System--contains personnel
management information/statistical information on NCIS personnel.
Special Agent Career Development Files--contains correspondence
unique to the NCIS Special Agent, including annual physical
examinations, assignment preferences, and special qualifications, which
has a bearing on world-wide assignability, promotion, and general
career assessment.
Weapons and Equipment Files--identifies credential numbers, badges,
[[Page 17330]]
PSP pins, and weapons assigned to authorized NCIS personnel.
Personnel Security Clearance File--identifies the classified
material access level and date of last security clearance for assigned
civilian and military personnel of NCIS.
Personnel Utilization Data File--provides statistical information
regarding the manner by which available NCIS man-hours are expended in
the execution of its assigned investigative and counterintelligence
mission. The file is formed by the submission (monthly) of individual
manhour diaries. All assigned personnel input to this system; their
man-hours are categorized by function.
Unsubstantiated reports to DON components from members of the
public alleging imminent invasion, plots, and similar events of a
delusional nature and assorted ``crank'' letters.
Unsolicited letters and other communications received by or
referred to NCIS for analysis and inquiry when contents convey or can
be interpreted to convey a possible threat to DON persons or property.
Authority for maintenance of the system:
10 U.S.C. 5013, Secretary of the Navy and E.O. 9397 (SSN).
Purpose(s):
The Personnel and Resource Information System is used to prepare
all personnel documents and personnel statistical studies. It provides
such information as the average grade, the total number and composition
of personnel at each NCIS component, and the past assignments of
personnel. It is used on a daily basis by personnel in the formation
and execution of staffing actions for the various NCIS components,
information verification of employee's tenure, and the compilation of
necessary statistical studies.
Special Agent Career Development Files are used for in-house agency
decisions regarding reassignment, promotion, career training, and long-
range development. They form in-house agency repository for both
adverse and favorable documents regarding Special Agents. The files
have a long-range function, that of forming the basis for law
enforcement retirement service certification. Though part of the file
is duplicated in the official file maintained by the Civilian Personnel
Office, the Special Agent Career Development File is considered
privileged information and its contents are not released outside NCIS.
Within NCIS, the files are maintained and controlled exclusively within
the Career Services Division, NCIS, and by assigned personnel of that
Division. The files are released for review only to senior management
personnel of NCIS.
Weapons and Equipment Files are used to identify and inventory
credentials, weapons, badges, and handcuffs issued to authorized NCIS
personnel.
Personnel Security Clearance Files are used to informally verify
and authenticate security clearances issued to NCIS personnel. The file
has a daily working purpose of acting as a check sheet for the updating
of security clearances. It is used by the Commander, NCIS to certify
the access level of certain assigned NCIS personnel to other Navy
commands as well as civilian contractors. Personnel Utilization Data
File is used to make analyses which modify the staffing levels at
various NCIS components based on the actual work level. It further
provides a tool to NCIS management to gauge the efficiency of all
components by comparing their workload with the amount of man-hours
available.
The records in this system may be used by other DoD components
requiring confirmation of security clearance levels and for statistical
purposes.
Unsolicited letters and other communications received by or
referred to NCIS for analysis are used to determine if a possible
threat exists or might exist at a later date upon the receipt of
additional correspondence. When a threat is determined possible, a
formal investigative case is opened.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
To law enforcement activities conducting criminal or suitability
investigations.
To the Office of Personnel Management when making personnel
determinations, e.g., awards or disciplinary actions.
To credit companies in response to credit queries.
To personal physicians regarding medical records.
The `Blanket Routine Uses' that appear at the beginning of the
Navy's compilation of systems notices also apply to this system.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Automated, electronic media, and paper records.
Retrievability:
For the Special Agent Career Development File--name only.
For the Weapons and Equipment File--by name or by item number
(i.e., badge, credential, weapon, handcuff serial number).
For the Personnel and Resource Information System--by name and
Social Security Number or by individual data characteristic, such as
GS-grade level, duty-station, special qualifications, or language
qualifications.
For the Personnel Utilization Data File--normally accessed and
retrieved by location and functional category of employment (i.e.,
Special Agent, clerical, etc.). The capability exists, however, to
retrieve by Social Security Number.
The Personnel Security Classification File, which is a subordinate
file to the Personnel and Resource Information System, is accessed by
name and Social Security Number.
For unsubstantiated reports to DON components from members of the
public alleging imminent invasion, plots, and similar events of a
delusional nature and assorted ``crank'' letters unsolicited suspicious
by name.
For unsolicited letters and other communications received by or
referred to NCIS for analysis, retrieved by name.
Safeguards:
Files are protected by limited controlled access, safes, locked
cabinets, and locked doors. Visitor control and security computer
software measures (where applicable) are utilized.
Retention and disposal:
Personnel indexed in the Personnel and Resource Information System
and the Personnel Security Clearance Files are deleted from the
magnetic tape data storage upon termination of employment. Residual
paper records are retained from two to five years and then destroyed.
Personnel indexed in the Weapons and Equipment Files are deleted as
assigned equipment is accounted for or returned. Residual paper
printouts are destroyed at least semi-annually. The Special Agent
Career Development Files are semi-permanent and are retained, at least
in essential skeletal format, indefinitely.
Unsubstantiated reports to DON components from members of the
public
[[Page 17331]]
alleging imminent invasion, plots, and similar events of a delusional
nature and assorted ``crank'' letters are deleted after 1 year. Early
destruction is authorized if determined no longer pertinent by annual
review.
Unsolicited letters and other communications received by or
referred to NCIS are deleted 50 years after last entry except paper
copy of imaged correspondence which is destroyed upon verification that
the record copy has been fully and accurately converted to electronic/
optical images.
System manager(s) and address:
Director, Naval Criminal Investigative Service, Washington Navy
Yard, Building 111, 716 Sicard Street, SE., Washington, DC 20388-5380.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the Director, Naval Criminal Investigative Service, Washington Navy
Yard, Building 111, Code 00LJF, 716 Sicard Street, SE., Washington, DC
20388-5380.
Requests must contain the full name of the individual and at least
one additional personal identifier such as date and place of birth, or
Social Security Number (SSN).
Persons submitting written requests must properly establish their
identity to the satisfaction of the Naval Criminal Investigative
Service. This can be accomplished by providing an unsworn declaration
that states ``I declare under perjury or penalty under the laws of the
United States of America that the foregoing is true and correct.''
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for their
representative to act on their behalf.
Record access procedures:
Individuals seeking access to records about themselves contained in
this system of records should address written inquiries to the
Director, Naval Criminal Investigative Service, Washington Navy Yard,
Building 111, Code 00JF, 716 Sicard Street, SE., Washington, DC 20388-
5380.
Requests must contain the full name of the individual and at least
one additional personal identifier such as date and place of birth and
Social Security Number. Persons submitting written requests must
properly establish their identity to the satisfaction of the Naval
Criminal Investigative Service. This can be accomplished by providing
an unsworn declaration that states ``I declare under perjury or penalty
under the laws of the United States of America that the foregoing is
true and correct.''
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for their
representative to act on their behalf.
Contesting record procedures:
The Navy's rules for accessing records, and for contesting contents
and appealing initial agency determinations are published in Secretary
of the Navy Instruction 5211.5; 32 CFR Part 701; or may be obtained
from the system manager.
Record source categories:
Information for the Personnel and Resource Information System and
the Personnel Utilization Data System is obtained from the individual
employee, who is the prime source of information both for initial
access to the files as well as for the periodic update.
Information for the Personnel Security Clearance File information
is obtained from the Personnel and Resource Information System.
The information for the Weapons and Equipment Files is obtained
from personnel charged with the issuance of various items inventoried
therein (with verification by the personnel to whom the items are
issued.)
Information for the Special Agent Career Development File is
obtained from the individuals' supervisors, from various naval
commands, and other federal and state agencies with whom the special
agent has had professional contact and from the individual. Also, this
file contains copies of each physical examination required annually of
assigned civilian special agents.
Information for the unsolicited letters database is obtained from
the individual. Also contains copies of analytical and other
information and reports created during course of NCIS' inquiry.
Exemptions claimed for the system:
None.
[FR Doc. E8-6632 Filed 3-31-08; 8:45 am]
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