52468 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

that the foregoing is true and correct. 

Executed on (date). (Signature)’. 

Record access procedures: 

Individuals seeking access to 

information about themselves contained 

in this system should address written 

inquiries to the U.S. Army Center of 

Military History, 103 3rd Street, Fort 

McNair Washington, DC 20318–5058. 

Individual should provide full name 

and military status or other information 

verifiable from the record itself. 

In addition, the requester must 

provide a notarized statement or an 

unsworn declaration made 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)’. 

Contesting record procedures: 

The Army’s rules for accessing 

records, and for contesting contents and 

appealing initial agency determinations 

are contained in Army Regulation 340– 

21; 32 CFR part 505; or may be obtained 

from the system manager. 

Record source categories: 

From the individual, his/her Army 

record, official Army documents, public 

records. 

Exemptions claimed for the system: 

None. 

[FR Doc. E9–24504 Filed 10–9–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

[Docket No. USN–2009–0019] 

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 

proposes to amend 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 

November 12, 2009 unless comments 

are received which result in a contrary 

determination. 

ADDRESSES: Send comments to the 

Department of the Navy, PA/FOIA 

Policy Branch, Head of Naval 

Operations (DNS–36), 2000 Navy 

Pentagon, Washington, DC 20350–2000. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Miriam Brown-Lam (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: September 24, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

N05520–4 

SYSTEM NAME: 

NCIS Investigative Files System (April 

10, 2008, 73 FR 19486). 

CHANGES: 

* * * * * 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Delete entry 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. 

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.’’ 

* * * * * 

STORAGE: 

Delete entry and replace with 

‘‘Maintained on paper records and 

electronic storage media.’’ 

* * * * * 

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 


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(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, 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: 

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. 

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: 

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), as amended. 

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 


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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 of 1974, these 

records 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 

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 and 

electronic storage media. 

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 ‘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. 


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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; 

and (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 (PSIs) 

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 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 


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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 (PSIs) 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 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 


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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 52473 

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 

digital 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 are 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 

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. 


erowe on DSK5CLS3C1PROD with NOTICES
52474 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

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. E9–24509 Filed 10–9–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF ENERGY 

International Energy Agency Meeting 

AGENCY: Department of Energy. 

ACTION: Notice of meeting. 

SUMMARY: A meeting of the Industry 

Advisory Board (IAB) to the 

International Energy Agency (IEA) will 

be held on October 20, 2009, at the 

headquarters of the IEA in Paris, France, 

in connection with a meeting of the 

IEA’s Standing Group on Emergency 

Questions (SEQ) on October 20 and 21, 

2009. 

DATES: October 20–21, 2009. 

ADDRESSES: 9, rue de la Fe ́de ́ration, 

Paris, France. 

FOR FURTHER INFORMATION CONTACT: 

Diana D. Clark, Assistant General for 

International and National Security 

Programs, Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585, 202–586–3417. 

SUPPLEMENTARY INFORMATION: In 

accordance with section 252(c)(1)(A)(i) 

of the Energy Policy and Conservation 

Act (42 U.S.C. 6272(c)(1)(A)(i)) (EPCA), 

the following notice of meeting is 

provided: 

A meeting of the Industry Advisory 

Board (IAB) of the International Energy 

Agency (IEA) will be held at the 

headquarters of the IEA, 9, rue de la 

Fe ́de ́ration, Paris, France, on October 

20, 2009, beginning at 9:30 a.m. The 

purpose of this notice is to permit 

attendance by representatives of U.S. 

company members of the IAB at a 

meeting of the IEA’s Standing Group on 

Emergency Questions (SEQ), which is 

scheduled to be held at the same 

location beginning at 2 p.m. on October 

20 and continuing at 9:30 a.m. on 

October 21. The IAB meeting is in 

preparation for the SEQ meeting. The 

agenda for this preparatory meeting is to 

review the agenda for the SEQ meeting 

and to discuss the availability and 

suitability of public emergency oil 

stocks. 

The agenda of the SEQ meeting is 

under the control of the SEQ. It is 

expected that the SEQ will adopt the 

following agenda: 

1. Installation of New Vice-Chair 

2. Adoption of the Agenda 

3. Approval of the Summary Record of 

the 127th Meeting 

4. Status of Compliance with IEP 

Stockholding Commitments 

5. Program of Work 

—Report on the Meeting of the 

Governing Board at the Ministerial 

Level 

—Mid-term Review of the Program of 

Work 2009–2010 

6. Bilateral Cooperation with Thailand 

7. The Current Oil Market Situation 

8. Emergency Response Review Program 

—Schedule of Emergency Response 

Reviews 

—Questionnaire Response of the 

Czech Republic 

—Emergency Response Review of 

Ireland 

—Emergency Response Review of 

Canada 

9. Emergency Response Exercise 5 

(ERE5) 

—Proposal for the Fifth Emergency 

Response Training and Oil Supply 

Disruption Response Simulation 

Exercise 

10. Emergency Policy for Natural Gas 

—Update on the Natural Gas Market 

—Developments in EU Natural Gas 

Emergency Policy 

11. Emergency Response Measures 

—Recommendations on Release of 

Public Stocks 

—Guidelines for Demand Restraint 

—Review of IEA Procedures for 

Collective Actions 

—Explanation of the Energy Security 

Model 

12. Policy and Other Developments in 

Member Countries 

—Belgium 

—Switzerland 

—United States 

13. Activities with International 

Organizations and Non-Member 

Countries 

—Report on the Fossil Fuels Forum, 

Berlin 

—Report on the 1st Oil Forum of the 

Energy Community, Belgrade 

14. Report from the Industry Advisory 

Board 

15. Documents for Information 

—Emergency Reserve Situation of IEA 

Member Countries on July 1, 2009 

—Base Period Final Consumption: 3Q 

2008–2Q 2009 

—Monthly Oil Statistics: July 2009 

—Updated Emergency Contacts List 

13. Other Business 

—Demonstration of New SEQ Web 

Site Discussion Forum 

—Tentative Schedule of Meetings: 

—March 23–25, 2010 

—June 29–30 and July 1, 2010 

—November 16–18, 2010 (ERE5) 

As provided in section 252(c)(1)(A)(ii) 

of the Energy Policy and Conservation 

Act (42 U.S.C. 6272(c)(1)(A)(ii)), the 

meetings of the IAB are open to 

representatives of members of the IAB 

and their counsel; representatives of 

members of the IEA’s Standing Group 

on Emergency Questions; 

representatives of the Departments of 

Energy, Justice, and State, the Federal 

Trade Commission, the General 

Accounting Office, Committees of 

Congress, the IEA, and the European 

Commission; and invitees of the IAB, 

the SEQ, or the IEA. 

Issued in Washington, DC, October 6th, 

2009. 

Diana D. Clark, 

Assistant General Counsel for International 

and National Security Programs. 

[FR Doc. E9–24555 Filed 10–9–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

National Coal Council 

AGENCY: Department of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the National Coal Council 

(NCC). The Federal Advisory Committee 


erowe on DSK5CLS3C1PROD with NOTICES