ADMINISTRATIVE MESSAGE
 
ROUTINE       
 
R 111644Z DEC 02 ZYB MIN PSN 970967J38
 
FM CNO WASHINGTON DC//N09//
 
TO NAVADMIN
 
UNCLAS
NAVADMIN 398/02
 
MSGID/GENADMIN/CNO WASHINGTON DC/-/DEC//
 
SUBJ/RESPONSIBILITY FOR NATIONAL SECURITY CASES//
 
REF/A/DOC/JAG/03OCT1990//
 
REF/B/DOC/SECNAV/17MAR1999//
 
NARR/REF A IS JAGINST 5800.7C, JAGMAN/REF B IS SECNAVINST 5510.36
(CHAP 12 PERTAINS)//
 
RMKS/1.  THIS NAVADMIN HIGHLIGHTS MAJOR CHANGES IN SECTIONS 0126 AND
0159 OF REF A AND IN CHAPTER 12 OF REF B WHICH CLARIFY
RESPONSIBILITIES AT ALL LEVELS OF COMMAND FOR IDENTIFYING,
INVESTIGATING, REPORTING AND DISPOSING OF JAGMAN-DEFINED NATIONAL
SECURITY CASES.  THE CHANGES HAVE BEEN APPROVED BY SECNAV AND ARE
EFFECTIVE IMMEDIATELY.  THE FULL TEXT OF THESE CHANGES IS AVAILABLE
AT WWW.JAG.NAVY.MIL UNDER JAG TOOLS", "JAG VIRTUAL LIBRARY", "INTERIM
CHANGE TO JAGMAN 0126 AND 0159."  THESE CHANGES MUST BE READ IN THEIR
ENTIRETY AND MUST BE PRINTED AND INCORPORATED INTO REFS A AND B.
THEY WILL APPEAR IN THE NEXT PRINTED CHANGES TO REFS A AND B.
 
2.  HIGHLIGHTS. THE CHANGES ACCOMPLISH THE FOLLOWING.
 
A.  PROVIDE CLEAR CRITERIA FOR DESIGNATION AS A "NATIONAL SECURITY
CASE."  IN GENERAL, A NATIONAL SECURITY CASE IS ONE WHICH, TO ANY
SERIOUS DEGREE, INVOLVES THE COMPROMISE OF A MILITARY OR DEFENSE
ADVANTAGE OVER ANY FOREIGN NATION OR TERRORIST GROUP; INVOLVES
WILLFUL COMPROMISE OF CLASSIFIED INFORMATION; AFFECTS OUR CAPABILITY
TO RESIST HOSTILE OR DESTRUCTIVE ACTION; OR INVOLVES AN ACT OF
TERRORISM.  NATIONAL SECURITY CASE DISPOSITION AUTHORITIES (NSCDAS)
ARE SENIOR LINE COMMANDERS WHO MAKE THE DETERMINATION THAT THE
CRITERIA FOR DESIGNATION HAVE BEEN MET AND THEY ARE RESPONSIBLE FOR
THE DISPOSITION OF SUCH CASES.  NSCDAS ARE IDENTIFIED IN PARA 3
BELOW.
B.  LIST THE CRIMINAL OFFENSES TYPICALLY INVOLVED IN
NATIONAL SECURITY CASES, E.G., WILLFUL COMPROMISE OF CLASSIFIED
INFORMATION, ESPIONAGE, SABOTAGE AND TERRORISM.
C.  REQUIRE COMMANDERS TO IMMEDIATELY REFER TO NCIS ANY CASE THAT
HAS THE POTENTIAL TO BE A NATIONAL SECURITY CASE.
D.  REQUIRE COMMANDERS TO INITIATE AND COMPLETE A PRELIMINARY
INQUIRY INTO A POTENTIAL NATIONAL SECURITY CASE WITHIN 72 HOURS.
E.  REQUIRE COMMANDERS AND NCIS TO NOTIFY THE COGNIZANT NSCDA AND
JAG (CODE 17) NATIONAL SECURITY LITIGATION AND INTELLIGENCE LAW
DIVISION WITHIN THE SAME 72 HOURS IF THE PRELIMINARY INQUIRY OR NCIS
INVESTIGATION INDICATE THE CASE MAY MEET NATIONAL SECURITY CASE
CRITERIA.
F.  REQUIRE COMMANDERS, THE CONVENING AUTHORITY, OR THE SJA TO
REPORT TO JAG (CODE 17) ALL CASES THAT INVOLVE CLASSIFIED
INFORMATION, REGARDLESS OF STATUS AS A NATIONAL SECURITY CASE, WHEN
CRIMINAL PROSECUTION IS CONTEMPLATED; WHENEVER A MAJOR DEVELOPMENT
IN THE CASE OR INVESTIGATION OCCURS; OR AT LEAST EVERY 30 DAYS.
 
3.  THE FOLLOWING OFFICERS ARE DESIGNATED NSCDAS AND SHALL ASSUME
THIS ROLE FOR SUBORDINATE COMMANDS:
      (1) CHIEF OF NAVAL OPERATIONS
      (2) COMMANDANT OF THE MARINE CORPS
      (3) VICE CHIEF OF NAVAL OPERATIONS
      (4) ASSISTANT COMMANDANT OF THE MARINE CORPS
      (5) COMMANDERS, U.S. ATLANTIC AND PACIFIC FLEETS,
          AND U.S. NAVAL FORCES, EUROPE
      (6) COMMANDER, U.S. NAVAL FORCES CENTRAL COMMAND
      (7) COMMANDERS, U.S. MARINE FORCES, ATLANTIC AND PACIFIC
      (8) COMMANDERS, SIXTH AND SEVENTH FLEETS
      (9) COMMANDERS, NAVAL AIR, SUBMARINE, AND SURFACE FORCES,
          U.S. ATLANTIC AND PACIFIC FLEETS
     (10) CHIEF OF NAVAL EDUCATION AND TRAINING
     (11) COMMANDING GENERAL, MARINE CORPS COMBAT DEVELOPMENT
          COMMAND, QUANTICO, VA
     (12) COMMANDING GENERAL, MARINE CORPS BASES, JAPAN AND
     (13) COMMANDING GENERALS, MARINE CORPS BASES, CAMP LEJEUNE
          AND CAMP PENDLETON.
COMMANDER, U.S. ATLANTIC FLEET, IS THE NSCDA FOR ALL NAVY ECHELON II
COMMANDS WHICH ARE NOT THEMSELVES NSCDAS.
 
4.  RESPONSIBILITY OF NSCDAS.  ACT TO DETERMINE WHETHER THE CASE IS
INDEED A NATIONAL SECURITY CASE AS EXPEDITIOUSLY AS POSSIBLE AND
OVERSEE THE DISPOSITION OF THE CASE.  THE NSCDA SHALL DEVELOP AND
IMPLEMENT A PLAN OF ACTION AND MILESTONES TO ACHIEVE THIS GOAL FOR
EACH CASE.
 
5.  REPORTING REQUIREMENTS OF NSCDAS.  ONCE INFORMED OF A POTENTIAL
NATIONAL SECURITY CASE, THE NSCDA SHALL REPORT TO CNO WASHINGTON
DC/N09/DNS/N09N/N09N2/N09BL ON THE STATUS OF THE CASE EVERY 15 DAYS
VIA SITREP UNTIL IT IS DETERMINED THAT THE CASE IS NOT A NATIONAL
SECURITY CASE OR UNTIL IT IS RESOLVED BY COURT CONVICTION, ACQUITTAL,
OR OTHER FINAL DISPOSITION.  INCLUDE CNO(N2) IN THE REPORT FOR ALL
CASES INVOLVING SENSITIVE COMPARTMENTED INFORMATION OR INTELLIGENCE
INFORMATION (I.E., INTELLIGENCE SOURCES OR METHODS, NOFORN
MATERIAL).  EACH REPORT SHALL INCLUDE THE SUSPECT'S NAME AND
COMMAND; DATE(S) OF OFFENSE(S) AND DISCOVERY OF THE OFFENSE(S); DATE
NCIS BEGAN INVESTIGATION; CLEAR DESCRIPTION OF THE NATURE AND
SENSITIVITY OF THE INFORMATION INVOLVED, AND THE SUSPECTED
OFFENSE(S); DATE NSCDA TOOK COGNIZANCE; DATE OF PREFERRAL AND
REFERRAL OF CHARGES (IF ANY); DATE PRETRIAL CONFINEMENT OR OTHER
RESTRAINT IMPOSED (IF ANY); A SUMMARY OF THE PLAN OF ACTION AND
MILESTONES TO DISPOSITION; NSCDA POINTS OF CONTACT; AND THE OFFICIAL
RESPONSIBLE FOR THE NEXT STEP, AS OF THE TIME OF THE REPORT.
 
6.  IMMEDIATELY FILE THIS NAVADMIN WITH REFS A AND B ALONG WITH THE
FULL TEXT OF THE CHANGES.
 
7.  RELEASED BY ADM WILLIAM J. FALLON, VCNO.//
 
BT