5800.7 F - Department of the Navy Issuances

d. Related matters. See Chapter VI concerning the interview of Naval
personnel by Federal investigative agencies and the delivery of personnel to
Federal authorities. See sections 0126, 0138, and 0139 regarding grants of
immunity in cases involving civilian witnesses or national security.
0126 DETERMINATION OF STATUS OF CASE AS NATIONAL SECURITY CASE,
INVESTIGATION OF SUSPECTED NATIONAL SECURITY CASES, AND EXERCISE OF
JURISDICTION IN SUCH CASES
a. National security case defined. "National security" is defined at
M.R.E. 505(b)(2), MCM, and further defined at Rule for Courts-Martial
305(h)(2)(B), MCM. A case shall be defined and designated as a national
security case if, in the opinion of one of the National Security Case
Disposition Authorities (NSCDA) listed in subsection 0126f below, it is a case
which, to any serious degree, involves the compromise of a military or defense
advantage over any foreign nation or terrorist group; involves an allegation
of willful compromise of classified information; affects our military or
defense capability to successfully resist hostile or destructive action, overt
or covert; or involves an act of terrorism. Such cases include an attempt or
conspiracy to commit such offenses, as well as conduct aiding and abetting in
the commission of such offenses or unlawfully assisting thereafter. Offenses
chargeable in national security cases may include, but are not limited to,
UCMJ Articles 81, 92 (for violations of SECNAVINST 5510.36 and U.S. Navy
Regulations), 104, 106, 106a, 107, 131, and 134; and provisions of the U.S.
Code, such as 18 USC §§ 792-93, 798, 1001, 2151-56, 2331-39B, 2381-85, 2388-
90; 42 USC §§ 2272-77; and 50 USC § 783.
b. Case not designated as a national security case. A case may involve
matters and/or materials relating to the security of the United States, yet
need not be designated a national security case if, in the opinion of the
cognizant NSCDA, the case does not, to a serious degree, involve compromise of
a military or defense advantage over a foreign nation or terrorist group;
involve the willful compromise of classified information; substantially affect
our military or defense capability to resist hostile or destructive action
successfully, covertly or overtly; or constitute an act of terrorism.
c. Referral to the Naval Criminal Investigative Service. Within the DON,
NCIS is responsible for the investigation of actual, suspected, or alleged
national security incidents including, but not limited to, those offenses
enumerated in subsection a above. Commanders and COs shall immediately refer
any such incident to NCIS for investigation. SECNAVINST 5430.107 (series) and
5510.36 (series) also pertain. Upon the initiation of any NCIS investigation,
NCIS shall notify the appropriate DOJ investigative agency in compliance with
DODD 5525.7.
d. Preliminary inquiry. Concurrent with NCIS notification and consistent
with the NCIS investigative prerogative, the commander or CO shall initiate a
preliminary inquiry in accordance with SECNAVINST 5510.36 (series) and direct
the inquiry and required reports be completed within 72 hours. These required
72-hour reports shall not be delayed awaiting a complete assessment of the
potential compromise and shall be viewed as a continuing duty to report as
details as to possible lost or compromised information are received by the
commander or CO. In addition, the commander or CO shall notify CNO (N2) in
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