80 FR 28545 - Law Enforcement Reporting

DEPARTMENT OF DEFENSE
Department of the Army

Federal Register Volume 80, Issue 96 (May 19, 2015)

Page Range		28545-28555
FR Document		2015-11943

The Department of the Army amends its regulation concerning law enforcement reporting for a number of statutory requirements to better coordinate law enforcement work and personnel both within the Department of the Army, across DoD, and with other Federal, State, and local law enforcement officials. It meets law enforcement reporting requirements for selected criminal and national security incidents and provides law enforcement agencies, such as the Department of Homeland Security and Transportation Security Administration, with the most current information available. It also provides the Army chain of command with timely criminal information to respond to queries from the Department of Defense, the news media, and others. The rule establishes policies and procedures for offense and serious-incident reporting with the Army; for reporting to the Department of Defense and the Department of Justice, as appropriate; and for participating in the Federal Bureau of Investigation's National Crime Information Center, the Department of Justice's Criminal Justice Information System, the National Law Enforcement Telecommunications System, and State criminal justice systems. It also updates various reporting requirements described in various Federal statutes.

Federal Register, Volume 80 Issue 96 (Tuesday, May 19, 2015)

[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Rules and Regulations]
[Pages 28545-28555]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-11943]

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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 635

RIN 0702-AA62
[Docket No. USA-2010-0020]

Law Enforcement Reporting

AGENCY: Department of the Army, DoD.

ACTION: Interim rule; request for comments.

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SUMMARY: The Department of the Army amends its regulation concerning
law enforcement reporting for a number of statutory requirements to
better coordinate law enforcement work and

[[Page 28546]]

personnel both within the Department of the Army, across DoD, and with
other Federal, State, and local law enforcement officials. It meets law
enforcement reporting requirements for selected criminal and national
security incidents and provides law enforcement agencies, such as the
Department of Homeland Security and Transportation Security
Administration, with the most current information available. It also
provides the Army chain of command with timely criminal information to
respond to queries from the Department of Defense, the news media, and
others. The rule establishes policies and procedures for offense and
serious-incident reporting with the Army; for reporting to the
Department of Defense and the Department of Justice, as appropriate;
and for participating in the Federal Bureau of Investigation's National
Crime Information Center, the Department of Justice's Criminal Justice
Information System, the National Law Enforcement Telecommunications
System, and State criminal justice systems. It also updates various
reporting requirements described in various Federal statutes.

DATES: Effective May 22, 2015. Consideration will be given to all
comments received by: July 20, 2015.

ADDRESSES: You may submit comments, identified by 32 CFR part 635,
Docket No. USA-2010-0020 and or RIN 0702-AA62, by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Department of Defense, Office of the Deputy Chief
Management Officer, Directorate of Oversight and Compliance, Regulatory
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Katherine Brennan, (703) 692-6721.

SUPPLEMENTARY INFORMATION:

Justification for Interim Final Rule

Publication of this rule as interim is necessary to maintain
national security, ensure the safety and wellbeing of the Soldiers,
and/or to avoid legal action against the DOD. While DOD and the Army
have implemented many of these requirements through official messages
and memorandum, they are not yet published in the internal Army
Regulation until this rule becomes final.
For example, until this rule is published:
Army law enforcement does not have a regulation directing
them to report Suspicious activity to the FBI's threat reporting
system, eGuardian.
Sexual assaults are not properly reported using the 2012
National Defense Authorization Act Sexual Assault definition.
Offense codes used by Army law enforcement to describe the
complaint or offense as used in reports to congress are not adequately
updated.
Changes to the restricted sexual assault evidence kits
retention schedule from one year to 5 years per the most recent version
of the NDAA is causing confusion regarding proper procedures which
could result in inconsistency in retaining sexual assault evidence.
In addition, the rule adds the requirement to report positive drug
urinalysis tests to the National Instant Checks System (NICS) under the
authority of the Brady Handgun Violence Prevention Act of 1993 as
amended (18 U.S.C. 922). While the United States Army Criminal Records
Center is currently providing these reports to NICS, it may be
happening inconsistently.
The Lautenberg Amendment to the Gun Control Act of 1968, requires
commanders and family advocacy programs report all domestic violence
incidents to the local Installation Provost Marshal Office/Directorate
of Emergency Services (PMO/DES). This rule provides guidance to Army
Commanders on reporting domestic violence to the PMO/DES in accordance
with the Lautenberg Amendment. Without this rule in place, it is
possible for a soldier who is prohibited from carrying a weapon due to
a qualifying conviction not being properly identified and continuing in
assignments and missions which are prohibited.
The rule ensures crime victims and witness are notified about their
rights according to the Victim Rights and Restitution Act (42 U.S.C.
10601) and Victim and Witness Protection Act (Sections 1512-1514 of
Title 18, U.S.C.). The Army currently must advise the victim or witness
of their rights using the Department of Defense Form 2701 (Initial
Information for Victims and Witnesses of Crime) in accordance with Army
Regulation (AR) 190-45. This rule requires victim witness notifications
to be reported on the Department of the Army Form 3975 which feeds into
the Army's law enforcement records management system, Centralized
Operations Police Suite (COPS). This provides the Army an ability to
query the number of victim witness notifications for congressional
inquiries.
The rule adds the requirement to input Army crime data into the
Defense Incident-Based Reporting System (DIBRS) to comply with the
Uniform Federal Crime Reporting Act, Section 534 note of title 28,
U.S.C.
The rule adds registration of sex offenders on Army installation to
effectuate federal and state registration requirements including the
Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16901
et seq,. This ensures all registered sex offenders who reside or are
employed on an Army installation register with the installation PMO or
DES. This allows the Army to track or monitor sex offender registration
compliance on Army installations which impacts the safety of all
personnel residing on Army installations.
The rule ensures compliance with the requirement from the
Protecting the Force: Lessons from Ft. Hood, report of the DoD
Independent Review, January 2010, which requires reporting of
Suspicious Activity to the FBI's eGuardian.

I. Purpose of the Regulatory Action

a. The publication of this rule will ensure the Army is in
compliance with multiple Department of Defense and Federal
requirements.
This regulatory action will add policy pertaining to the collection
of fingerprints and DNA from individuals suspected of certain offenses
through the Department of the Defense Instruction 5505.14,
Deoxyribonucleic Acid (DNA) collection requirements for criminal
investigations, found at: http://www.dtic.mil/whs/directives/corres/pdf/550514p.pdf and Department of Defense Instruction 5505.11,
Fingerprint Card and Final Disposition Report Submission Requirements,
found at: http://www.dtic.mil/whs/directives/corres/pdf/550511p.pdf.
This rule adds policy on sex offenders on Army Installations and
thus ensures the safety of our Soldiers, family members, and civilians
that live and work on Army installation through identifying, monitoring
and tracking sex offenders on Army installations.
This rule includes policy pertaining to the release of Military
Police (MP) records by adding reporting requirement of domestic
incidents to the Army Family Advocacy Program. This rule authorizes the
limited use of the Federal

[[Page 28547]]

Bureau of Investigations (FBI), National Crime Information Center
(NCIC) pursuant to FBI regulations and policy to conduct checks of
visitors to an installation.
The rule implements the reporting requirements of DODD 7730.47,
Defense Incident-Based Reporting System (DIBRS), found at http://www.dtic.mil/whs/directives/corres/pdf/773047p.pdf, by mandating the
use of the Centralized Operations Police Suite (COPS) Military Police
Reporting System. This implements reporting requirements of Section 534
of Title 28, United States Code (also known as ``The Uniform Federal
Crime Reporting Act of 1988''), the victim and witness assistance
notifications of Sections 10607 10608 of Title 42 (also known as ``The
Victims' Rights and Restitution Act of 1990''), Section 922 of Title
18, United States Code (also known as ``The Brady Handgun Violence
Prevention Act and The Lautenberg Amendment to the Gun Control Act''),
Sections 16901 through 16928 of Title 42, United States Code (Sex
Offender Registration and Notification Act (SORNA)), Section 1701, NDAA
FY 14, DoDD 1030.01, DoDI 1030.2. and Public Law 107-188, ``Public
Health Security and Bioterrorism Preparedness and Response Act of
2002,'' June 12, 2002.
The rule implements the sex offender registration requirements of
DODI 1325.07, Administration of Military Correctional Facilities and
Clemency and Parole Authority, found at http://dtic.mil/whs/directives/corres/pdf/132507p.pdf. The rule's registration requirements allow the
Provost Marshal or Director of Emergency Services to provide all
military sex offenders with the ``State registration'' document(s) and
direct Soldiers to the local or State law enforcement agency, which
will register them based on their physical residence address. If a MOU/
MOA exists with the local or State law enforcement agency, they will
notify the installation. Installation PMs and DESs in the United States
will provide written notice of the conviction or transfer to the
offender's gaining unit commander, the State's chief LE officer, the
chief LE officer of the local jurisdiction in which the accused will
reside, the State or local agency responsible for the receipt or
maintenance of a sex offender registration where the person will
reside, and upon request, governmental officials of foreign countries.
Installation PM and DES notifications to State and local officials are
described in DODI 1325.07, Administration of Military Correctional
Facilities and Clemency and Parole Authority, found at http://dtic.mil/whs/directives/corres/pdf/132507p.pdf.
The rule implements the victim/witness requirements contained in
DODI 1030.2, Victim and Witness Assistance Procedures, found at http://dtic.mil/whs/directives/corres/pdf/103002p.pdf, which implements
Sections 1512-1514 of Title 18, United States Code and Sections 113
(note), 1058, 1059 and 1408 of Title 10, United States Code by
providing guidance on assisting victims and witnesses of crime from
initial contact through investigation, prosecution, and confinement.
The Army will use eGuardian to report, share and analyze
unclassified suspicious activity information regarding potential
threats or suspicious activities affecting DOD personnel, facilities,
or forces in transit in both CONUS and OCONUS. eGuardian is the Federal
Bureau of Investigation's (FBI) sensitive-but-unclassified web-based
platform for reporting, and in some instances, sharing, suspicious
activity and threat related information with other federal, state,
tribal, and territorial law enforcement and force protection entities.
Information entered into eGuardian by the Army may be either shared
with all eGuardian participants or reported directly to the FBI. All
information entered into eGuardian by the Army will comply with the
policy framework for the system and any existing agency agreements,
which incorporate privacy protections.
Analysis of Suspicious Activity Reporting (SARs) will assist
Criminal Intelligence analysts and commanders in mitigating potential
threats and vulnerabilities, and developing annual threat assessments.
b. The Department is issuing this interim final rule pursuant to
its authority under 28 U.S.C. 534, Acquisition, preservation, and
exchange of identification records and information, 42 U.S.C. 10607,
Services to Victims, 18 U.S.C. 922, Unlawful Act,, 10 U.S.C. 1562,
Database on domestic violence incidents, 10 U.S.C. Chap. 47, Uniform
Code of Military Justice, Section 1701, National Defense Authorization
Act for Fiscal Year 2014, Sexual Assault Prevention and Response and
Related Reforms, DoDD 1030.01, Victim and Witness Assistance, and DoDI
1030.2, Victim and Witness Assistance Procedures. Implements crime
reporting requirements of the Uniform Federal Crime Reporting Act
(Title 10, United States Code, Section 534), the Brady Handgun Violence
Prevention Act (18 U.S.C. 922), and the Victim Rights and Restitution
Act (42 U.S.C. 10607).

II. Summary of the Major Provisions of the Regulatory Action in
Question

The major provisions of this regulatory action include: Records
administration, release of information, offense reporting, victim and
witness assistance procedures, and the National Crime Information
Center policy.
The records administration section includes procedures for
safeguarding official information, special requirements of the Privacy
Act of 1974 to protect personal information, purpose of gathering
police intelligence/criminal information, name checks for criminal
background check purposes using the Army's law enforcement databases,
registration of sex offenders on Army Installations in the Continental
United States and Outside the Continental United States (CONUS and
OCONUS), and collection by law enforcement officials of
deoxyribonucleic acid (DNA) from subjects of certain offenses. The
System of Records Notice, SORN A0190-45, Military Police Reporting
Program Records (MRRP) describes the policies and practices for
storing, retrieving, accessing, retaining, and disposing of records in
the system, it can be found at: http://dpcld.defense.gov/Privacy/SORNsIndex/DODwideSORNArticleView/tabid/6797/Article/569993/a0190-45-opmg.aspx The Privacy Impact Assessment can be found at: http://ciog6.army.mil/Portals/1/PIA/2014/CIMS-CID.pdf.
The release of information section discusses release of information
from Army records, under the Freedom of Information Act (FOIA) and
Privacy Act of 1974, and release of law enforcement information
furnished by foreign governments or international organizations. The
section also contains procedures for requesting amendment of records
and accounting for military police record disclosure.
The section on offense reporting provides information on completing
the DA Form 4833 (Commander's Report of Disciplinary or Administrative
Action), found at: http://www.apd.army.mil/pub/eforms/pdf/a4833.pdf,
for civilian subjects, requirements for submitting fingerprint card and
final disposition reports, releasing of domestic incidents reports to
the Army Family Advocacy Program (FAP). This section also includes
reporting of domestic violence incidents to law enforcement, issuing of
protective orders, procedures for establishing Memoranda of
Understanding with civilian law enforcement agencies, and reporting of
Suspicious Activity to the FBI's eGuardian.

[[Page 28548]]

The victim and witness assistance procedures ensure Army personnel
involved in the detection, investigation, and prosecution of crimes
protect victims and witnesses rights. The National Crime Information
Center (NCIC) policy section authorizes NCIC checks, pursuant to FBI
regulations and policy, of visitors to a military installation.

III. Cost and Benefits

This rule will not have a monetary effect upon the public. This
rule facilitates information sharing between authorized agencies to
enhance protection of personnel and resources critical to DoD mission
assurance.

IV. Retrospective Review

The revisions to this rule will be reported in future status
updates as part of DoD's retrospective plan under Executive Order 13563
completed in August 2011. DoD's full plan can be accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-0036.

V. Regulatory Procedures

A. Regulatory Flexibility Act

The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the rule does not have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

B. Unfunded Mandates Reform Act

The Department of the Army has determined that the Unfunded
Mandates Reform Act does not apply because the rule does not include a
mandate that may result in estimated costs to State, local or tribal
governments in the aggregate, or the private sector, of $100 million or
more.

C. National Environmental Policy Act

The Department of the Army has determined that the National
Environmental Policy Act does not apply because the rule does not have
an adverse impact on the environment.

D. Paperwork Reduction Act

The Department of the Army has determined that the Paperwork
Reduction Act (PRA) does apply to this rule's sex offender registration
requirement; all other requirements are exempted since it is
information collected during a criminal investigation.
DoD has submitted the sex offender registration requirement to OMB
under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter
35). Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
DoD, including whether the information will have practical utility; (b)
the accuracy of the estimate of the burden of the proposed information
collection; (c) ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) ways to minimize the burden of
the information collection on respondents, including the use of
automated collection techniques or other forms of information
technology.
Title: Army Sex Offender Information.
Type of Request: New.
Number of Respondents: 550.
Responses per Respondent: 1.
Annual Responses: 550.
Average Burden per Response: 20 minutes.
Annual Burden Hours: 183 hours.
Needs and Uses: The Army requires tracking and management of sex
offenders that reside or are employed on an Army installation due to
the transient nature of the Army community. Without such a requirement,
the Army would have difficulty tracking sex offenders once they
transfer to other states or overseas without anyone's knowledge. All
registered sex offenders who reside or are employed on an Army
installation will submit their registration information with the
installation Provost Marshal Office (PMO).
Affected Public: Individuals or households.
Frequency: On occasion.
Respondent's Obligation: Voluntary.
OMB Desk Officer:
Written comments and recommendations on the proposed information
collection should be sent to Ms. Jasmeet Seehra at the Office of
Management and Budget, DoD Desk Officer, Room 10102, New Executive
Office Building, Washington, DC 20503, with a copy to the Department of
Defense, Office of the Deputy Chief Management Officer, Directorate of
Oversight and Compliance, Regulatory and Audit Matters Office, 9010
Defense Pentagon, Washington, DC 20301-9010.. Comments can be received
from 30 to 60 days after the date of this notice, but comments to OMB
will be most useful if received by OMB within 30 days after the date of
this notice.
You may also submit comments, identified by docket number and
title, by the following method:
* Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
Instructions: All submissions received must include the agency
name, docket number and title for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
Internet at http://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
To request more information on this proposed information collection
or to obtain a copy of the proposal and associated collection
instruments, please write to the Department of Defense, Office of the
Deputy Chief Management Officer, Directorate of Oversight and
Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon,
Washington, DC 20301-9010.

E. Executive Order 12630 (Government Actions and Interference With
Constitutionally Protected Property Rights)

The Department of the Army has determined that Executive Order
12630 does not apply because the rule does not impair private property
rights.

F. Executive Order 12866 (Regulatory Planning and Review) and Executive
Order 13563 (Improving Regulation and Regulatory Review)

The Department of the Army has determined that according to the
criteria defined in Executive Order 12866 and Executive Order 13563
this rule is a significant regulatory action and has been reviewed by
OMB.

G. Executive Order 13045 (Protection of Children From Environmental
Health Risk and Safety Risks)

The Department of the Army has determined that the criteria of
Executive Order 13045 do not apply because this rule does not implement
or require actions impacting environmental health and safety risks on
children.

H. Executive Order 13132 (Federalism)

The Department of the Army has determined that the criteria of
Executive Order 13132 do not apply because this rule will not have a
substantial effect on the States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government.

[[Page 28549]]

List of Subjects in 32 CFR Part 635

Crime, Law, Law enforcement, Law enforcement officers, Military
law.

Thomas Blair
Chief, Law Enforcement Branch, Operations Division, Office of the
Provost Marshal General, DA.

For reasons stated in the preamble the Department of the Army
revises 32 CFR part 635 to read as follows:

PART 635--LAW ENFORCEMENT REPORTING

Subpart A--Records Administration
Sec.
635.1 General.
635.2 Safeguarding official information.
635.3 Special requirements of the Privacy Act of 1974.
635.4 Police Intelligence/Criminal Information.
635.5 Name checks.
635.6 Registration of Sex Offenders on Army Installations (inside
and outside the Continental United States).
635.7 Collection of deoxyribonucleic acid.
Subpart B--Release of Information
635.8 General.
635.9 Release of information.
635.10 Release of information under the Freedom of Information Act
(FOIA).
635.11 Release of information under the Privacy Act of 1974.
635.12 Amendment of records.
635.13 Accounting for military police record disclosure.
635.14 Release of law enforcement information furnished by foreign
governments or international organizations.
Subpart C--Offense Reporting
635.15 DA Form 4833 (Commander's Report of Disciplinary or
Administrative Action) for Civilian Subjects.
635.16 Fingerprint Card and Final Disposition Report Submission
Requirements.
635.17 Release of domestic incidents reports to the Army Family
Advocacy Program (FAP).
635.18 Domestic violence.
635.19 Protection Orders.
635.20 Establishing Memoranda of Understanding.
635.21 Suspicious Activity Reporting (SAR).
Subpart D--Victim and Witness Assistance Procedures
635.22 Procedures.
Subpart E--National Crime Information Center Policy
635.23 Standards.

Authority: 28 U.S.C. 534, 42 U.S.C. 10601, 18 U.S.C. 922, 10
U.S.C. 1562, 10 U.S.C. Chap. 47, 42 U.S.C. 16901 et seq., 10 U.S.C.
1565, 42 U.S.C. 14135a.
Subpart A--Records Administration

Sec. 635.1 General.

The proponent of this part is the Provost Marshal General. The
proponent has the authority to approve exceptions or waivers to this
Part that are consistent with controlling law and regulations. In
distributing information on juvenile victims or subjects, the
installation Freedom of Information Act (FOIA) Office will ensure that
only individuals with a need to know of the personally identifiable
information (PII) of a juvenile are provided the identifying
information on the juvenile. For example, a community commander is
authorized to receive pertinent information on juveniles under their
jurisdiction. When a MPR identifying juvenile offenders must be
provided to multiple commanders or supervisors, the FOIA Office must
sanitize each report to withhold juvenile information not pertaining to
that commander's area of responsibility.

Sec. 635.2 Safeguarding official information.

(a) Military police records are unclassified except when they
contain national security information as defined in AR 380-5 (Available
at http://www.apd.army.mil/pdffiles/r380_5.pdf), Department of the Army
Information Security Program.
(b) Military police records will also be released to Federal,
state, local or foreign law enforcement agencies as prescribed by 32
CFR part 505, The Army Privacy Program. Expanded markings will be
applied to these records.

Sec. 635.3 Special requirements of the Privacy Act of 1974.

(a) Certain PII is protected in accordance with the provisions of
the Privacy Act of 1974, 5 U.S.C. 552a, as implemented by 32 CFR part
310, DoD Privacy Program, 32 CFR part 505, The Army Privacy Program,
and OMB guidance defining PII.
(b) Pursuant to 5 U.S.C. 552a(e)(3), when an Army activity asks an
individual for his or her PII that will be maintained in a system of
records, the activity must provide the individual with a Privacy Act
Statement (PAS). A PAS notifies individuals of the authority, purpose,
and use of the collection, whether the information is mandatory or
voluntary, and the effects of not providing all or any part of the
requested information.
(c) Army law enforcement personnel performing official duties often
require an individual's PII, including SSN, for identification
purposes. This PII can be used to complete MPRs and records. In
addition to Executive Order 9397, as amended by Executive Order 13478,
the solicitation of the SSN is authorized by paragraph 2.c.(2) of DoD
Instruction 1000.30, ``Reduction of Social Security Number (SSN) Use
Within DoD'' (available at http://www.dtic.mil/whs/directives/corres/pdf/100030p.pdf). The purpose is to provide commanders and law
enforcement officials with means by which information may accurately be
identified. The SSN is used as an additional/alternate means of
identification to facilitate filing and retrieval. The following
procedures will be used for identification:
(1) Retired military personnel are required to produce their Common
Access Card or DD Form 2 (Ret) (U.S. Armed Forces of the United States
General Convention Identification Card), or other government issued
identification, as appropriate.
(2) Family members of sponsors will be requested to produce their
DD Form 1173 (Uniformed Services Identification and Privilege Card).
Information contained thereon (for example, the sponsor's SSN) will be
used to verify and complete applicable sections of MPRs and related
forms.
(3) Non-Department of Defense (DoD) civilians, including military
family members and those whose status is unknown, will be advised of
the provisions of the Privacy Act Statement when requested to disclose
their PII, including SSN, as required.
(d) Notwithstanding the requirement to furnish an individual with a
PAS when his or her PII will be maintained in a system of records, AR
340-21, The Army Privacy Program, http://www.apd.army.mil/pdffiles/r340_21.pdf, provides that records contained in SORN A0190-45, Military
Police Reporting Program Records (MRRP), http://dpcld.defense.gov/Privacy/SORNsIndex/tabid/5915/Article/6066/a0190-45-opmg.aspx, that
fall within 5 U.S.C. 552a(j)(2) are exempt from the requirement in 5
U.S.C. 552a(e)(3) to provide a PAS.

Sec. 635.4 Police Intelligence/Criminal Information.

(a) The purpose of gathering police intelligence is to identify
individuals or groups of individuals in an effort to anticipate,
prevent, or monitor possible criminal activity. Police intelligence
aids criminal investigators in developing and investigating criminal
cases. 32 CFR part 633 designates the U.S. Army Criminal Investigation
Command (USACIDC) as having the primary responsibility to operate a
criminal intelligence program. Criminal Intelligence will be reported
through the

[[Page 28550]]

Army Criminal Investigation and Criminal Intelligence (ACI2) System and
other criminal intelligence products. The crimes listed in paragraphs
(a)(1)-(9) of this section, as well as the reportable incidents,
behavioral threat indicators, and other matters of counterintelligence
interest specified by AR 381-12, Threat Awareness and Reporting
Program, (available at http://www.apd.army.mil/pdffiles/r381_12.pdf)
will be reported to the nearest Army counterintelligence office.
(1) Sedition;
(2) Aiding the enemy by providing intelligence to the enemy;
(3) Spying;
(4) Espionage;
(5) Subversion;
(6) Treason;
(7) International terrorist activities or material support to
terrorism (MST);
(8) Unreported contacts with foreigners involved in intelligence
activities;
(9) Unauthorized or intentional disclosure of classified info.
(b) Information on persons and organizations not affiliated with
DoD may not normally be acquired, reported, processed or stored.
Situations justifying acquisition of this information include, but are
not limited to--
(1) Theft, destruction, or sabotage of weapons, ammunition,
equipment facilities, or records belonging to DoD units or
installations.
(2) Protection of Army installations and activities from potential
threat.
(3) Information received from the FBI, state, local, or
international law enforcement agencies which directly pertains to the
law enforcement mission and activity of the installation Provost
Marshal Office/Directorate of Emergency Services (PMO/DES), Army
Command (ACOM), Army Service Component Command (ASCC) or Direct
Reporting Unit (DRU) PMO/DES, or that has a clearly identifiable
military purpose and connection. A determination that specific
information may not be collected, retained or disseminated by
intelligence activities does not indicate that the information is
automatically eligible for collection, retention, or dissemination
under the provisions of this part. The policies in this section are not
intended and will not be used to circumvent any federal law that
restricts gathering, retaining or dissemination of information on
private individuals or organizations.
(c) Retention and disposition of information on non-DoD affiliated
individuals and organizations are subject to the provisions of DoD
Directive 5200.27 (available at http://www.dtic.mil/whs/directives/
corres/pdf/520027p.pd), AR 380-13, Acquisition and Storage of
Information Concerning Non-Affiliated Persons and Organizations
(available at http://www.apd.army.mil/pdffiles/r380_13.pdf) and AR 25-
400-2, The Army Records Information Management System (ARIMS)
(available at http://www.apd.army.mil/pdffiles/r25_400_2.pdf).
(d) Local police intelligence files may be exempt from 32 CFR part
518 and the FOIA's disclosure requirements.

Sec. 635.5 Name checks.

(a) Information contained in military police records will be
released under the provisions of 32 CFR part 505, The Army Privacy
Program, to authorized personnel for valid background check purposes.
Examples include child care/youth program providers, sexual assault
response coordinator, unit victim advocate, access control, unique or
special duty assignments, security clearance procedures and suitability
and credentialing purposes. Any information released must be restricted
to that necessary and relevant to the requester's official purpose.
Provost Marshals/Directors of Emergency Services (PM/DES) will
establish written procedures to ensure that release is accomplished in
accordance with 32 CFR part 505.
(b) Checks will be accomplished by a review of the COPS Military
Police Reporting System (MPRS). Information will be disseminated
according to Subpart B of this part.
(c) In response to a request for local files or name checks, PM/DES
will release only founded offenses with final disposition. Offenses
determined to be unfounded will not be released. These limitations do
not apply to requests submitted by law enforcement agencies for law
enforcement purposes, and counterintelligence investigative agencies
for counterintelligence purposes.
(d) A successful query of COPS MPRS would return the following
information:
(1) Military Police Report Number;
(2) Report Date;
(3) Social Security Number;
(4) Last Name;
(5) First Name;
(6) Protected Identity (Y/N);
(7) A link to view the military police report; and
(8) Whether the individual is a subject, victim, or a person
related to the report disposition.
(e) Name checks will include the information derived from COPS MPRS
and the United States Army Crime Records Center (USACRC). All of the
policies and procedures for such checks will conform to the provisions
of this part. Any exceptions to this policy must be coordinated with
Headquarters Department of the Army (HQDA), Office of the Provost
Marshal General (OPMG) before any name checks are conducted. The
following are examples of appropriate uses of the name check feature of
COPS MPRS:
(1) Individuals named as the subjects of serious incident reports.
(2) Individuals named as subjects of investigations who must be
reported to the USACRC.
(3) Individuals seeking employment as child care/youth program
providers.
(4) Local checks of the COPS MPRS as part of placing an individual
in the COPS MPRS system.
(5) Name checks for individuals seeking employment in law
enforcement positions.

Sec. 635.6 Registration of Sex Offenders on Army Installations
(inside and outside the Continental United States).

(a) Sex Offenders on US Army Installations. Garrison Commander's
responsibilities: Garrison Commanders will ensure that sex offenders,
as defined in paragraph (b) of this section that reside or are employed
on an Army Installation register with the installation PM/DES. This
includes service members, civilian employees, accompanying dependent
family members, and contractors.
(b) Sex offender is defined as:
(1) Any person, including but not limited to a Service member,
Service member's family member, Civilian employee, Civilian employee's
family member, or contractor, who either is registered or required to
register as a sex offender by any law, regulation or policy of the
United States, the Department of Defense, the Army, a State, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, America
Samoa, The Northern Mariana Islands, the United States Virgin Islands,
or a Federally recognized Indian tribe. This definition is not limited
to persons convicted for felony sex offenses but includes all persons
who are registered or required to register as a sex offender regardless
of the classification of their offenses, including felonies,
misdemeanors, and offenses not classified as a felony or misdemeanor.
(2) The persons who are sex offenders as defined in paragraph
(b)(1) include those convicted by a foreign government of an offense
equivalent or closely analogous to a covered offense under the Uniform
Code of Military Justice as provided in AR 27-10, Military Justice
(available at http://www.apd.army.mil/

[[Page 28551]]

pdffiles/r27_10.pdf), Chapter 24.'' See 42 U.S.C. 16911(5)(B) and U.S.
Department of Justice, Office of the Attorney General, The National
Guidelines for Sex Offender Registration and Notification, Final
Guidelines, 73 FR 38030, 38050-1 (July 2, 2008) for guidelines and
standards. Contact the servicing Office of the Staff Judge Advocate for
assistance in interpreting or applying this provision.
(c) Sex Offender Registration Requirements. Sex offenders, as
defined in paragraph (b)(1) of this section must register with the
installation PMO/DES within three working days of first arriving on an
installation. Sex offenders must provide the installation PMO/DES with
evidence of the qualifying conviction. The PMO/DES will enter the
registering sex offender's conviction information on a Department of
the Army Form 3975 as an information entry into the Army's Centralized
Operations Police Suite (COPS) with the state the sex offender was
convicted, date of conviction, and results of conviction, to include
length of time required to register and any specific court ordered
restrictions. Registration with the PMO/DES does not relieve sex
offenders of their legal obligation to comply with applicable state and
local registration requirements for the state in which they reside,
work, or attend school (see, AR 190-47 (available at http://www.apd.army.mil/pdffiles/r190_47.pdf), chapter 14 and AR 27-10
(available at http://www.apd.army.mil/pdffiles/r27_10.pdf), chapter
24). Registration with the state is also required under the Sex
Offender Registration and Notification Act (SORNA), 42 U.S.C. 16901 et
seq., and implemented by AR 27-10 (Available at http://www.apd.army.mil/pdffiles/r27_10.pdf), Military Justice, and DoDI
1325.7 (Available at http://www.dtic.mil/whs/directives/corres/pdf/132507p.pdf). In addition, upon assignment, reassignment, or change of
address, sex offenders will inform the installation PM/DES within three
working days. Failure to comply with registration requirements is
punishable under Federal or State law and/or under the UCMJ. ``State''
in this paragraph includes any jurisdiction listed in paragraph (b)(1)
of this section in which a sex offender is required to register.
(d) Installation PMOs and DESs will maintain and update a monthly
roster of current sex offenders names and provide it to the Sexual
Assault Review Board; the Army Command PM and DES and the garrison
commander.
(e) Installation PMs and DESs will complete the following
procedures for all other sex offenders required to register on the
installation--
(1) Complete a DA Form 3975 as an information entry into COPS.
(2) Complete ``Section III--Subject (1a-7)'' on the DA Form 3975 to
identify the sex offender. Ensure the sex offender produces either
evidence of the qualifying conviction or the sex offender registration
paperwork in order to complete ``Section VII--Narrative'' with the
state in which the sex offender was convicted, date of conviction, and
results of conviction, to include length of time required to register
and any specific court ordered restrictions.
(f) DoD civilians, contractors, and family members that fail to
register at the installation PMO/DES are subject to a range of
administrative sanctions, including but not limited to a complete or
limited bar to the installation and removal from military housing.

Sec. 635.7 Collection of deoxyribonucleic acid.

(a) Army Law Enforcement (LE) personnel will collect
deoxyribonucleic acid (DNA) pursuant to DoDI 5505.14 (available at
http://www.dtic.mil/whs/directives/corres/pdf/550514p.pdf), DNA
Collection Requirements for Criminal Investigations. Per this subpart,
a sample of an individual's DNA is to allow for positive identification
and to provide or generate evidence to solve crimes through database
searches of potentially matching samples. DNA samples will not be
collected from juveniles.
(b) Army LE personnel will obtain a DNA sample from a civilian in
their control at the point it is determined there is probable cause to
believe the detained person violated a Federal statute equivalent to
the offenses identified in DoDI 5505.11 (available at http://www.dtic.mil/whs/directives/corres/pdf/550511p.pdf), Fingerprint Card
and Final Disposition Report Submission Requirements, and 32 CFR part
310, Department of Defense Privacy Program, except for the listed
violations that are exclusively military offenses. For the purposes of
this rule, DNA shall be taken from all civilian drug offenders, except
those who are arrested or detained for the offenses of simple
possession and personal use.
(1) When Army LE personnel make a probable cause determination
concerning a civilian not in their control, Army LE personnel are not
required to collect DNA samples. Likewise, Army LE personnel are not
required to obtain DNA samples when another LE agency has, or will,
obtain the DNA.
(2) Army LE personnel will use the U.S. Army Criminal Investigation
Laboratory (USACIL) DNA kit which includes a DNA sample card and the
USACIL DNA database collection eform. Army LE personnel will forward
civilian DNA samples to the USACIL. Army LE personnel will document, in
the appropriate case file, when civilian LE agencies handle any aspect
of the DNA processing and whether the civilian LE agency forwarded the
DNA sample to the FBI laboratory.
(c) DoD Instruction 5505.14 (available at http://www.dtic.mil/whs/directives/corres/pdf/550514p.pdf) details the procedures former
Soldiers and civilians must follow to request expungement of their DNA
records. Former Soldiers and civilians from whom DNA samples have been
taken, but who were not convicted of any offense giving rise to the
collection of DNA, do not submit requests to have their DNA record
expunged through installation PMO/DES channels. To request expungement
of DNA records for civilians pursuant to Sections 14132 of title 42,
United States Code, the requestor or legal representative must submit a
written request to: FBI, Laboratory Division, 2501 Investigation
Parkway, Quantico, VA 22135, Attention: Federal Convicted Offender
Program Manager.
Subpart B--Release of Information

Sec. 635.8 General.

(a) The policy of HQDA is to conduct activities in an open manner
and provide the public accurate and timely information. Accordingly,
law enforcement information will be released to the degree permitted by
law and Army regulations.
(b) Any release of military police records or information compiled
for law enforcement purposes, whether to persons within or outside the
Army, must be in accordance with the FOIA and the Privacy Act.
(c) Requests by individuals for access to military police records
about themselves will be processed in compliance with FOIA and the
Privacy Act.
(d) Military police records in the temporary possession of another
organization remain the property of the originating law enforcement
agency. The following procedures apply to any organization authorized
temporary use of military police records:
(1) Any request from an individual seeking access to military
police records will be immediately referred to the originating law
enforcement agency for processing. The temporary custodian of

[[Page 28552]]

military police records does not have the authority to release those
records.
(2) When the temporary purpose of the using organization has been
satisfied, the military police records will be returned to the
originating law enforcement agency or the copies will be destroyed.
(3) A using organization may maintain information from military
police records in their system of records, if approval is obtained from
the originating law enforcement agency. This information may include
reference to a military police record (for example, MPR number or date
of offense), a summary of information contained in the record, or the
entire military police record. When a user includes a military police
record in its system of records, the originating law enforcement agency
will delete portions from that record to protect special investigative
techniques, maintain confidentiality, preclude compromise of an
investigation, and protect other law enforcement interests.

Sec. 635.9 Release of information.

(a) Release of information from Army records to agencies outside
DoD will be governed by 32 CFR part 518, 32 CFR part 505, AR 600-37,
Unfavorable Information (Available at http://www.apd.army.mil/pdffiles/r600_37.pdf), and this part. Procedures for release of certain other
records and information is contained in AR 20-1, Inspector General
Activities and Procedures (available at http://www.apd.army.mil/pdffiles/r20_1.pdf), AR 27-20, Claims (available at http://www.apd.army.mil/pdffiles/r27_20.pdf), AR 27-40, Litigation (available
at http://www.apd.army.mil/pdffiles/r27_40.pdf), AR 40-66, Medical
Record Administration and Healthcare Documentation (available at http://www.apd.army.mil/pdffiles/r40_66.pdf), AR 195-2, Criminal
Investigation Activities (available at http://www.apd.army.mil/pdffiles/r195_2.pdf), AR 360-1, The Army Public Affairs Program
(available at http://www.apd.army.mil/pdffiles/r360_1.pdf), and AR 600-
85, The Army Substance Abuse Program (available at http://www.apd.army.mil/pdffiles/r600_85.pdf). Installation drug and alcohol
offices may be provided an extract of DA Form 3997 (Military Police
Desk Blotter) for offenses involving the use of alcohol or drugs (for
example, drunk driving, drunk and disorderly conduct, or positive
urinalysis).
(b) Installation PM/DES are the release authorities for military
police records under their control. They may release criminal record
information to other activities as prescribed in 32 CFR part 518 and 32
CFR part 505, and this part.
(c) Authority to deny access to criminal records information rests
with the initial denial authority (IDA) for the FOIA and the denial
authority for Privacy Acts cases, as addressed in 32 CFR part 518 and
32 CFR part 505.

Sec. 635.10 Release of information under the Freedom of Information
Act (FOIA).

(a) The release and denial authorities for all FOIA requests
concerning military police records include PM/DES and the Commander,
USACIDC. Authority to act on behalf of the Commander, USACIDC is
delegated to the Director, USACRC.
(b) FOIA requests from members of the press will be coordinated
with the installation public affairs officer prior to release of
records under the control of the installation PM/DES. When the record
is on file at the USACRC the request must be forwarded to the Director,
USACRC.
(c) Requests will be processed as prescribed in 32 CFR part 518 and
as follows:
(1) The installation FOIA Office will review requested reports to
determine if any portion is exempt from release.
(2) Statutory and policy questions will be coordinated with the
local staff judge advocate (SJA).
(3) Coordination will be completed with the local USACIDC activity
to ensure that the release will not interfere with a criminal
investigation in progress or affect final disposition of an
investigation.
(4) If it is determined that a portion of the report, or the report
in its entirety will not be released, the request to include a copy of
the Military Police Report or other military police records will be
forwarded to the Director, USACRC, ATTN: CICR-FP, 27130 Telegraph Road,
Quantico, VA 22134. The requestor will be informed that their request
has been sent to the Director, USACRC, and provided the mailing address
for the USACRC. When forwarding FOIA requests, the outside of the
envelope will be clearly marked ``FOIA REQUEST.''
(5) A partial release of information by an installation FOIA Office
is permissible when it is acceptable to the requester. (An example
would be the redaction of a third party's social security number, home
address, and telephone number, as permitted by law). If the requester
agrees to the redaction of exempt information, such cases do not
constitute a denial. If the requester insists on the entire report, a
copy of the report and the request for release will be forwarded to the
Director, USACRC. There is no requirement to coordinate such referrals
at the installation level. The request will simply be forwarded to the
Director, United States Army Crime Records Center (USACRC) for action.
(6) Requests for military police records that have been forwarded
to USACRC and are no longer on file at the installation PMO/DES will be
forwarded to the Director, USACRC for processing.
(7) Requests concerning USACIDC reports of investigation or USACIDC
files will be referred to the Director, USACRC. In each instance, the
requestor will be informed of the referral and provided the Director,
USACRC address.
(8) Requests concerning records that are under the supervision of
an Army activity, or other DoD agency, will be referred to the
appropriate agency for response.

Sec. 635.11 Release of information under the Privacy Act of 1974.

(a) Military police records may be released according to provisions
of the Privacy Act of 1974, 5 U.S.C. 552a, as implemented by 32 CFR
part 310, DoD Privacy Program, 32 CFR part 505, The Army Privacy
Program, and this part.
(b) The release and denial authorities for all Privacy Act cases
concerning military police records are provided in Sec. 635.9.
(c) Privacy Act requests for access to a record, when the requester
is the subject of that record, will be processed as prescribed in 32
CFR part 505.

Sec. 635.12 Amendment of records.

(a) Policy. An amendment of records is appropriate when such
records are established as being inaccurate, irrelevant, untimely, or
incomplete. Amendment procedures are not intended to permit challenging
an event that actually occurred. Requests to amend reports will be
granted only if the individual submits new, relevant and material facts
that are determined to warrant their inclusion in or revision of the
police report. The burden of proof is on the individual to substantiate
the request. Requests to delete a person's name from the title block
will be granted only if it is determined that there is not probable
cause to believe that the individual committed the offense for which he
or she is listed as a subject. It is emphasized that the decision to
list a person's name in the title block of a police report is an
investigative determination that is independent of whether or not
subsequent judicial, non-judicial or administrative action is taken
against the individual.

[[Page 28553]]

(b) In compliance with DoD policy, an individual will still remain
entered in the Defense Clearance Investigations Index (DCII) to track
all reports of investigation.

Sec. 635.13 Accounting for military police record disclosure.

(a) 32 CFR part 505 prescribes accounting policies and procedures
concerning the disclosure of military police records.
(b) PM/DES will develop local procedures to ensure that disclosure
of military police records as described in 32 CFR part 505 are
available on request.
(c) In every instance where records are disclosed; individuals,
agencies or components are reminded that use or further disclosure of
any military police reports, Military Police Investigator (MPI)
reports, or other information received must be in compliance with DoDI
5505.7 (available at http://www.dtic.mil/whs/directives/corres/pdf/550507p.pdf), paragraph 6.5.2. which states that ``judicial or adverse
administrative actions shall not be taken against individuals or
entities based solely on the fact that they have been titled or indexed
due to a criminal investigation.''

Sec. 635.14 Release of law enforcement information furnished by
foreign governments or international organizations.

(a) Information furnished by foreign governments or international
organizations is subject to disclosure, unless exempted by 32 CFR part
518 and 32 CFR part 505, federal statutes or executive orders.
(b) Release of U.S. information (classified military information or
controlled unclassified information) to foreign governments is
accomplished per AR 380-10 (available at http://www.apd.army.mil/pdffiles/r380_10.pdf).
Subpart C--Offense Reporting

Sec. 635.15 DA Form 4833 (Commander's Report of Disciplinary or
Administrative Action) for Civilian Subjects.

Civilian Subjects titled by Army Law Enforcement. PM/DES and
USACIDC will complete and submit disposition reports to USACRC for
civilian subjects, not subject to the UCMJ, who are titled by Army law
enforcement. PM/DES and USACIDC will complete the DA Form 4833 and
submit the form to USACRC for these subjects. PM/DES and USACIDC will
not include these completed DA Form 4833 for civilian personnel in
reporting compliance statistics for commanders. This ensures records of
dispositions of civilian subjects titled by military LE are available
in CJIS to support NCIC background checks for firearms purchases,
employment, security clearances etc.

Sec. 635.16 Fingerprint Card and Final Disposition Report Submission
Requirements.

(a) General. This paragraph implements DoDI 5505.11, Fingerprint
Card and Final Disposition Report Submission Requirements, which
prescribes procedures for Army LE to report offender criminal history
data, by submitting FBI Form FD 249 (Suspect Fingerprint Card) to
USACRC. USACRC forwards this data to the Criminal Justice Information
Services (CJIS) division of the FBI for inclusion in the Next
Generation Identification Database. This paragraph does not eliminate
other requirements to provide criminal history data, including those
concerning the DIBRS.
(b) Installation PM/DES will submit offender criminal history data
to USACRC, based on a probable cause standard determined in conjunction
with the servicing SJA or legal advisor for all civilians investigated
for offenses equivalent to those listed in DoDI 5505.11. This includes
foreign nationals, persons serving with or accompanying an armed force
in the field in time of declared war or contingency operations, and
persons subject to Public Law 106-523 in accordance with DoDI 5525.11
(Available at http://www.dtic.mil/whs/directives/corres/pdf/552511p.pdf), Criminal Jurisdiction Over Civilians Employed By or
Accompanying the Armed Forces Outside the United States, Certain
Service Members, and Former Service Members.
(c) For purposes of this paragraph commanders will notify their
installation PMO/DES when they become aware that a non-DoD and/or
foreign LE organization has initiated an investigation against a
Soldier, military dependent, or DoD civilian employee or contractor,
for the equivalent of an offense listed in DoDI 5525.11 (available at
http://www.dtic.mil/whs/directives/corres/pdf/552511p.pdf), Enclosure
2, or punishable pursuant to the U.S.C.

Sec. 635.17 Release of domestic incidents reports to the Army Family
Advocacy Program (FAP).

(a) Installation PM/DES will comply with the reporting requirements
set forth in AR 608-18 (available at http://www.apd.army.mil/pdffiles/r608_18.pdf).
(b) In addition to substantiated incidents of domestic violence,
installation PM/DES will notify the Family Advocacy Program Manager
(FAPM) and Social Work Services (SWS) of all incidents in which a
preponderance of indicators reveal a potential risk of reoccurrence and
increasing severity of maltreatment which could lead to domestic
violence or child abuse. Installation PM/DES will ensure these
notifications are recorded in the official military police journal in
COPS. This is to:
(1) Establish a history of incidents that indicate an emerging
pattern of risk of maltreatment/victimization to Soldiers and or Family
members. See AR 608-18 for incidents that define maltreatment.
(2) Develop a trend history of unsubstantiated-unresolved incidents
in order to prevent possible violence or maltreatment from occurring.

Sec. 635.18 Domestic violence.

(a) Responding to incidents of domestic violence requires a
coordinated effort by LE, medical, and social work personnel, to
include sharing information and records as permitted by law and
regulation. AR 608-18, Chapter 3, contains additional information about
domestic violence and protective orders. AR 608-18, Glossary, Section
II refers to domestic violence as including the use, attempted use, or
threatened use of force or violence against a person or a violation of
a lawful order issued for the protection of a person, who is:
(1) A current or former spouse;
(2) A person with whom the abuser shares a child in common; or
(3) A current or former intimate partner with whom the abuser
shares or has shared a common domicile.
(b) All domestic violence incidents will be reported to the local
installation PMO/DES.

Sec. 635.19 Protection Orders.

(a) A DD Form 2873, Military Protective Order (MPO) is a written
lawful order issued by a commander that orders a Soldier to avoid
contact with those persons identified in the order. MPOs may be used to
facilitate a ``cooling-off'' period following domestic violence and
sexual assault incidents, to include incidents involving children. The
commander should provide a written copy of the order within 24 hours of
its issuance to the person with whom the member is ordered not to have
contact and to the installation LE activity.
(b) Initial notification. In the event a MPO is issued against a
Soldier and any individual involved in the order does not reside on a
Army installation at any

[[Page 28554]]

time during the duration of the MPO, the installation PMO/DES will
notify the appropriate civilian authorities (local magistrate courts,
family courts, and local police) of:
(1) The issuance of the protective order;
(2) The individuals involved in the order;
(3) Any change made in a protective order;
(4) The termination of the protective order.
(c) A Civilian Protective Order (CPO) is an order issued by a
judge, magistrate or other authorized civilian official, ordering an
individual to avoid contact with his or her spouse or children.
Pursuant to the Armed Forces Domestic Security Act, 10 U.S.C. 1561a, a
CPO has the same force and effect on a military installation as such
order has within the jurisdiction of the court that issued the order.

Sec. 635.20 Establishing Memoranda of Understanding.

(a) Coordination between military law enforcement personnel and
local civilian law enforcement personnel is essential to improve
information sharing, especially concerning investigations, arrests, and
prosecutions involving military personnel. PM/DES or other law
enforcement officials shall seek to establish formal Memoranda of
Understanding (MOU) with their civilian counterparts to establish or
improve the flow of information between their agencies, especially in
instances involving military personnel. MOUs can be used to clarify
jurisdictional issues for the investigation of incidents, to define the
mechanism whereby local law enforcement reports involving active duty
service members will be forwarded to the appropriate installation law
enforcement office, to encourage the local law enforcement agency to
refer victims of domestic violence to the installation Family Advocacy
office or victim advocate, and to foster cooperation and collaboration
between the installation law enforcement agency and local civilian
agencies.
(b) Installation commanders are authorized to contract for local,
state, or federal law enforcement services (enforcement of civil and
criminal laws of the state) from civilian police departments. (Section
120 of the Water Resources Development Act of 1976). Section 120(a) of
the Water Resources Development Act of 1976 authorizes the Secretary of
the Army, acting through the Chief of Engineers, to contract with
States and their political subdivisions for the purpose of obtaining
increased law enforcement services at water resource development
projects under the jurisdiction of the Secretary of the Army to meet
needs during peak visitation periods.
(c) MOUs will address the following issues at a minimum:
(1) A general statement of the purpose of the MOU.
(2) An explanation of jurisdictional issues that affect respective
responsibilities to and investigating incidents occurring on and off
the installation. This section should also address jurisdictional
issues when a civilian order of protection is violated on military
property (see 10 U.S.C. 1561a).
(3) Procedures for responding to incidents that occur on the
installation involving a civilian alleged offender.
(4) Procedures for local law enforcement to immediately (within 4
hours) notify the installation law enforcement office of incidents/
investigations involving service members.
(5) Procedures for transmitting incident/investigation reports and
other law enforcement information involving active duty service members
from local civilian law enforcement agencies to the installation law
enforcement office.
(6) Notification that a Solider is required to register as a sex
offender either as the result of military judicial proceedings or
civilian judicial proceedings.
(7) Procedures for transmitting civilian protection orders (CPOs)
issued by civilian courts or magistrates involving active duty service
members from local law enforcement agencies to the installation law
enforcement office.
(8) Designation of the title of the installation law enforcement
recipient of such information from the local law enforcement agency.
(9) Procedures for transmitting military protection orders (MPOs)
from the installation law enforcement office to the local civilian law
enforcement agency with jurisdiction over the area in which any person
named in the order resides.
(10) Designation of the title of the local law enforcement agency
recipient of domestic violence and CPO information from the
installation law enforcement agency.
(11) Respective responsibilities for providing information to
victims regarding installation resources when either the victim or the
alleged offender is an active duty service member.
(12) Sharing of information and facilities during the course of an
investigation in accordance with the Privacy Act of 1974 (see 5 U.S.C.
552a(b)(7)).
(13) Regular meetings between the local civilian law enforcement
agency and the installation law enforcement office to review cases and
MOU procedures.

Sec. 635.21 Suspicious Activity Reporting (SAR).

(a) The Army will use eGuardian to report, share and analyze
unclassified suspicious activity information regarding potential
threats or suspicious activities affecting DoD personnel, facilities,
or forces in transit in both CONUS and OCONUS. USACIDC is the Army's
eGuardian program manager.
(b) eGuardian is the Federal Bureau of Investigation's (FBI)
sensitive-but-unclassified web-based platform for reporting, and in
some instances, sharing, suspicious activity and threat related
information with other federal, state, tribal, and territorial law
enforcement and force protection entities. Information entered into
eGuardian by the Army may be either shared with all eGuardian
participants or reported directly to the FBI. All information entered
into eGuardian by the Army will comply with the policy framework for
the system and any existing agency agreements, which incorporate
privacy protections. Analysis of SARs will assist CRIMINTEL analysts
and commanders in mitigating potential threats and vulnerabilities, and
developing annual threat assessments.
(c) Any concerned soldier or citizen can submit a SAR to the
nearest installation PMO/DES, CI or CID office. The receiving office
will then be responsible for reviewing the information and determining
whether it is appropriate for submission into eGuardian.
Subpart D--Victim and Witness Assistance Procedures

Sec. 635.22 Procedures.

(a) As required by DoDD 1030.01 (Available at http://www.dtic.mil/whs/directives/corres/pdf/103001p.pdf), Army personnel involved in the
detection, investigation, and prosecution of crimes must ensure that
victims and witnesses rights are protected. Victim's rights include-
(1) The right to be treated with fairness, dignity, and a respect
for privacy.
(2) The right to be reasonably protected from the accused offender.
(3) The right to be notified of court proceedings.
(4) The right to be present at all public court proceedings related
to the offense,

[[Page 28555]]

unless the court determines that testimony by the victim would be
materially affected if the victim heard other testimony at trial, or
for other good cause.
(5) The right to confer with the attorney for the Government in the
case.
(6) The right to restitution, if appropriate.
(7) The right to information regarding conviction, sentencing,
imprisonment, and release of the offender from custody.
(b) [Reserved]
Subpart E--National Crime Information Center Policy

Sec. 635.23 Standards.

The use of NCIC is limited to authorized criminal justice purposes
such as, stolen vehicle checks or wants and warrants. Subject to FBI
regulations and policy, NCIC checks of visitors to a military
installation may be authorized by the Installation/Garrison Commander
as set forth in DoD 5200.08-R (Available at http://www.dtic.mil/whs/directives/corres/pdf/520008r.pdf) and DoDI 5200.08 (Available at
http://www.dtic.mil/whs/directives/corres/pdf/520008p.pdf). Visitors to
Army installations are non-DoD affiliated personnel.
[FR Doc. 2015-11943 Filed 5-18-15; 8:45 am]
BILLING CODE 3710-08-P

Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations 28545

List of Subjects (e) Conversion of sideboard ratios into for Hook-and-Line Catcher/Processors in
annual sideboard harvest limits. NMFS the Western or Central GOA, and the
15 CFR Part 902
will convert sideboard ratios into request must be received by NMFS on
Reporting and recordkeeping annual sideboard harvest limits or before May 18, 2016.
requirements. according to the following procedures. * * * * *
50 CFR Part 680 (1) Annual sideboard harvest limits.
■ 5. Add Table 10 to part 680 to read as
(i) Except as provided in paragraph
Alaska, Fisheries, Reporting and follows:
(e)(1)(ii) of this section, annual
recordkeeping requirements. sideboard harvest limits for each
Dated: May 11, 2015. groundfish species, except fixed-gear TABLE 10 TO PART 680—LICENSE LIM-
sablefish, will be established by ITATION PROGRAM LICENSE NUM-
Samuel D. Rauch III,
multiplying the sideboard ratios BERS THAT AUTHORIZE THE OWN-
Deputy Assistant Administrator for
Regulatory Programs, National Marine calculated under paragraph (d) of this ERS AND OPERATORS OF CATCHER/
Fisheries Service. section by the proposed and final TACs PROCESSORS TO DIRECTED FISH
For the reasons set out in the in each area for which a TAC is FOR PACIFIC COD WITH HOOK-AND-
preamble, NMFS amends 15 CFR part specified. If a TAC is further LINE GEAR IN THE CENTRAL GULF
902 and 50 CFR part 680 as follows: apportioned by season, the sideboard OF ALASKA REGULATORY AREA
harvest limit also will be apportioned by (COLUMN A) AND IN THE WESTERN
Title 15—Commerce and Foreign Trade season in the same ratio as the overall
TAC. The resulting harvest limits GULF OF ALASKA REGULATORY
PART 902—NOAA INFORMATION AREA (COLUMN B)
COLLECTION REQUIREMENTS UNDER expressed in metric tons will be
THE PAPERWORK REDUCTION ACT: published in the annual GOA
Column A: Column B:
OMB CONTROL NUMBERS groundfish harvest specification notices.
(ii) NMFS will not establish an annual LLG1125 ................... LLG1400.
■ 1. The authority citation for part 902 sideboard harvest limit for Pacific cod LLG1128 ................... LLG1401.
continues to read as follows: for vessels that catch and process Pacific LLG1400 ................... LLG1576.
cod using hook-and-line gear in the LLG1576 ................... LLG1578.
Authority: 44 U.S.C. 3501 et seq.
Central GOA Regulatory Area if all LLG1713 ................... LLG1785.
■ 2. In § 902.1, in the table in paragraph eligible participants request that the LLG1785 ................... LLG1916.
(b), under the entry ‘‘50 CFR’’,add an sideboard harvest limit be removed in LLG1916 ................... LLG1917.
entry in alphanumeric order for accordance with the requirements of LLG1917 ................... LLG2026.
‘‘680.22’’ to read as follows: paragraph (e)(1)(ii)(A) of this section. LLG1989 ................... LLG2081.
LLG2081 ................... LLG2112.
NMFS will not establish an annual
§ 902.1 OMB control numbers assigned LLG2112 ................... LLG2892.
pursuant to the Paperwork Reduction Act. sideboard harvest limit for Pacific cod LLG2238 ................... LLG2935.
for vessels that catch and process Pacific LLG2705 ................... LLG3090.
* * * * * cod using hook-and-line gear in the
(b) * * * LLG2783 ................... LLG3602.
Western GOA Regulatory Area if all LLG2892 ................... LLG3617.
eligible participants request that the LLG2958 ................... LLG3676.
sideboard harvest limit be removed in LLG3609 ................... LLG4004.
accordance with the requirements of LLG3616 ................... LLG4823.
CFR part or section Current OMB LLG3617.
where the information Control No. paragraph (e)(1)(ii)(B) of this section.
collection requirement is (all numbers begin NMFS will publish notification of the LLG3676.
located with 0648–) LLG3681.
removal of the sideboard harvest limit
LLG3973.
for Pacific cod for vessels that catch and LLG4823.
process Pacific cod using hook-and-line
* * * * *
50 CFR: gear in the Central GOA Regulatory Area [FR Doc. 2015–12066 Filed 5–18–15; 8:45 am]
or the Western GOA Regulatory Area BILLING CODE 3510–22–P
* * * * * through the annual GOA groundfish
680.22 ............................. –0334 harvest specifications (see
§ 679.20(c)(1)(iii) and (c)(3)(ii)).
* * * * * (A) Central GOA. For the Central GOA DEPARTMENT OF DEFENSE
Regulatory Area (Statistical Areas 620 Department of the Army
Title 50—Wildlife and Fisheries and 630; see Figure 3 to 50 CFR part
679), the holders of all LLP licenses 32 CFR Part 635
PART 680—SHELLFISH FISHERIES OF listed in Column A of Table 10 to this
THE EXCLUSIVE ECONOMIC ZONE part must submit to NMFS a completed RIN 0702–AA62
OFF ALASKA Request to Extinguish Pacific Cod
[Docket No. USA–2010–0020]
Sideboard Limits for Hook-and-Line
■ 3. The authority citation for part 680
Catcher/Processors in the Western or Law Enforcement Reporting
continues to read as follows:
Central GOA, and the request must be
Authority: 16 U.S.C. 1862; Pub. L. 109– received by NMFS on or before May 18, AGENCY:Department of the Army, DoD.
241; Pub. L. 109–479. 2016. Interim rule; request for
ACTION:
■ 4. In § 680.22, revise paragraph (e) (B) Western GOA. For the Western comments.
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heading and introductory text, and GOA Regulatory Area (Statistical Area
paragraph (e)(1) to read as follows: 610; see Figure 3 to 50 CFR part 679), SUMMARY: The Department of the Army
the holders of all LLP licenses listed in amends its regulation concerning law
§ 680.22 Sideboard protections for GOA Column B of Table 10 to this part must enforcement reporting for a number of
groundfish fisheries. submit to NMFS a completed Request to statutory requirements to better
* * * * * Extinguish Pacific Cod Sideboard Limits coordinate law enforcement work and

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28546 Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations

personnel both within the Department against the DOD. While DOD and the Army Form 3975 which feeds into the
of the Army, across DoD, and with other Army have implemented many of these Army’s law enforcement records
Federal, State, and local law requirements through official messages management system, Centralized
enforcement officials. It meets law and memorandum, they are not yet Operations Police Suite (COPS). This
enforcement reporting requirements for published in the internal Army provides the Army an ability to query
selected criminal and national security Regulation until this rule becomes final. the number of victim witness
incidents and provides law enforcement For example, until this rule is notifications for congressional inquiries.
agencies, such as the Department of published: The rule adds the requirement to
Homeland Security and Transportation • Army law enforcement does not input Army crime data into the Defense
Security Administration, with the most have a regulation directing them to Incident-Based Reporting System
current information available. It also report Suspicious activity to the FBI’s (DIBRS) to comply with the Uniform
provides the Army chain of command threat reporting system, eGuardian. Federal Crime Reporting Act, Section
with timely criminal information to • Sexual assaults are not properly 534 note of title 28, U.S.C.
respond to queries from the Department reported using the 2012 National The rule adds registration of sex
of Defense, the news media, and others. Defense Authorization Act Sexual offenders on Army installation to
The rule establishes policies and Assault definition. effectuate federal and state registration
procedures for offense and serious- • Offense codes used by Army law requirements including the Sex
incident reporting with the Army; for enforcement to describe the complaint Offender Registration and Notification
reporting to the Department of Defense or offense as used in reports to congress Act (SORNA), 42 U.S.C. 16901 et seq,.
and the Department of Justice, as are not adequately updated. This ensures all registered sex offenders
• Changes to the restricted sexual who reside or are employed on an Army
appropriate; and for participating in the
assault evidence kits retention schedule installation register with the installation
Federal Bureau of Investigation’s
from one year to 5 years per the most PMO or DES. This allows the Army to
National Crime Information Center, the
recent version of the NDAA is causing track or monitor sex offender
Department of Justice’s Criminal Justice
confusion regarding proper procedures registration compliance on Army
Information System, the National Law
which could result in inconsistency in installations which impacts the safety of
Enforcement Telecommunications
retaining sexual assault evidence. all personnel residing on Army
System, and State criminal justice In addition, the rule adds the
systems. It also updates various installations.
requirement to report positive drug The rule ensures compliance with the
reporting requirements described in urinalysis tests to the National Instant
various Federal statutes. requirement from the Protecting the
Checks System (NICS) under the Force: Lessons from Ft. Hood, report of
DATES: Effective May 22, 2015. authority of the Brady Handgun
Consideration will be given to all the DoD Independent Review, January
Violence Prevention Act of 1993 as 2010, which requires reporting of
comments received by: July 20, 2015. amended (18 U.S.C. 922). While the Suspicious Activity to the FBI’s
ADDRESSES: You may submit comments, United States Army Criminal Records eGuardian.
identified by 32 CFR part 635, Docket Center is currently providing these
No. USA–2010–0020 and or RIN 0702– reports to NICS, it may be happening I. Purpose of the Regulatory Action
AA62, by any of the following methods: inconsistently. a. The publication of this rule will
• Federal eRulemaking Portal: http:// The Lautenberg Amendment to the ensure the Army is in compliance with
www.regulations.gov. Follow the Gun Control Act of 1968, requires multiple Department of Defense and
instructions for submitting comments. commanders and family advocacy Federal requirements.
• Mail: Department of Defense, Office programs report all domestic violence This regulatory action will add policy
of the Deputy Chief Management incidents to the local Installation pertaining to the collection of
Officer, Directorate of Oversight and Provost Marshal Office/Directorate of fingerprints and DNA from individuals
Compliance, Regulatory and Audit Emergency Services (PMO/DES). This suspected of certain offenses through
Matters Office, 9010 Defense Pentagon, rule provides guidance to Army the Department of the Defense
Washington, DC 20301–9010. Commanders on reporting domestic Instruction 5505.14, Deoxyribonucleic
Instructions: All submissions received violence to the PMO/DES in accordance Acid (DNA) collection requirements for
must include the agency name and with the Lautenberg Amendment. criminal investigations, found at: http://
docket number or Regulatory Without this rule in place, it is possible www.dtic.mil/whs/directives/corres/pdf/
Information Number (RIN) for this for a soldier who is prohibited from 550514p.pdf and Department of Defense
Federal Register document. The general carrying a weapon due to a qualifying Instruction 5505.11, Fingerprint Card
policy for comments and other conviction not being properly identified and Final Disposition Report
submissions from members of the public and continuing in assignments and Submission Requirements, found at:
is to make these submissions available missions which are prohibited. http://www.dtic.mil/whs/directives/
for public viewing on the Internet at The rule ensures crime victims and corres/pdf/550511p.pdf.
http://www.regulations.gov as they are witness are notified about their rights This rule adds policy on sex offenders
received without change, including any according to the Victim Rights and on Army Installations and thus ensures
personal identifiers or contact Restitution Act (42 U.S.C. 10601) and the safety of our Soldiers, family
information. Victim and Witness Protection Act members, and civilians that live and
FOR FURTHER INFORMATION CONTACT: Ms. (Sections 1512–1514 of Title 18, U.S.C.). work on Army installation through
Katherine Brennan, (703) 692–6721. The Army currently must advise the identifying, monitoring and tracking sex
SUPPLEMENTARY INFORMATION: victim or witness of their rights using offenders on Army installations.
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the Department of Defense Form 2701 This rule includes policy pertaining
Justification for Interim Final Rule (Initial Information for Victims and to the release of Military Police (MP)
Publication of this rule as interim is Witnesses of Crime) in accordance with records by adding reporting requirement
necessary to maintain national security, Army Regulation (AR) 190–45. This rule of domestic incidents to the Army
ensure the safety and wellbeing of the requires victim witness notifications to Family Advocacy Program. This rule
Soldiers, and/or to avoid legal action be reported on the Department of the authorizes the limited use of the Federal

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28548 Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations

The victim and witness assistance Comments are invited on: (a) Whether number and title for this Federal
procedures ensure Army personnel the proposed collection of information Register document. The general policy
involved in the detection, investigation, is necessary for the proper performance for comments and other submissions
and prosecution of crimes protect of the functions of DoD, including from members of the public is to make
victims and witnesses rights. The whether the information will have these submissions available for public
National Crime Information Center practical utility; (b) the accuracy of the viewing on the Internet at http://
(NCIC) policy section authorizes NCIC estimate of the burden of the proposed www.regulations.gov as they are
checks, pursuant to FBI regulations and information collection; (c) ways to received without change, including any
policy, of visitors to a military enhance the quality, utility, and clarity personal identifiers or contact
installation. of the information to be collected; and information.
(d) ways to minimize the burden of the
III. Cost and Benefits To request more information on this
information collection on respondents,
This rule will not have a monetary including the use of automated proposed information collection or to
effect upon the public. This rule collection techniques or other forms of obtain a copy of the proposal and
facilitates information sharing between information technology. associated collection instruments,
authorized agencies to enhance Title: Army Sex Offender Information. please write to the Department of
protection of personnel and resources Type of Request: New. Defense, Office of the Deputy Chief
critical to DoD mission assurance. Number of Respondents: 550. Management Officer, Directorate of
Responses per Respondent: 1. Oversight and Compliance, Regulatory
IV. Retrospective Review
Annual Responses: 550. and Audit Matters Office, 9010 Defense
The revisions to this rule will be Average Burden per Response: 20 Pentagon, Washington, DC 20301–9010.
reported in future status updates as part minutes.
of DoD’s retrospective plan under Annual Burden Hours: 183 hours. E. Executive Order 12630 (Government
Executive Order 13563 completed in Needs and Uses: The Army requires Actions and Interference With
August 2011. DoD’s full plan can be tracking and management of sex Constitutionally Protected Property
accessed at: http://www.regulations.gov/ offenders that reside or are employed on Rights)
#!docketDetail;D=DOD-2011-OS-0036. an Army installation due to the
transient nature of the Army The Department of the Army has
V. Regulatory Procedures determined that Executive Order 12630
community. Without such a
A. Regulatory Flexibility Act requirement, the Army would have does not apply because the rule does not
The Department of the Army has difficulty tracking sex offenders once impair private property rights.
determined that the Regulatory they transfer to other states or overseas
without anyone’s knowledge. All F. Executive Order 12866 (Regulatory
Flexibility Act does not apply because Planning and Review) and Executive
the rule does not have a significant registered sex offenders who reside or
are employed on an Army installation Order 13563 (Improving Regulation and
economic impact on a substantial Regulatory Review)
number of small entities within the will submit their registration
meaning of the Regulatory Flexibility information with the installation The Department of the Army has
Act, 5 U.S.C. 601–612. Provost Marshal Office (PMO). determined that according to the criteria
Affected Public: Individuals or
B. Unfunded Mandates Reform Act defined in Executive Order 12866 and
households.
Frequency: On occasion. Executive Order 13563 this rule is a
The Department of the Army has
Respondent’s Obligation: Voluntary. significant regulatory action and has
determined that the Unfunded
OMB Desk Officer: been reviewed by OMB.
Mandates Reform Act does not apply
because the rule does not include a Written comments and G. Executive Order 13045 (Protection of
mandate that may result in estimated recommendations on the proposed
Children From Environmental Health
costs to State, local or tribal information collection should be sent to
Risk and Safety Risks)
governments in the aggregate, or the Ms. Jasmeet Seehra at the Office of
private sector, of $100 million or more. Management and Budget, DoD Desk The Department of the Army has
Officer, Room 10102, New Executive determined that the criteria of Executive
C. National Environmental Policy Act Office Building, Washington, DC 20503, Order 13045 do not apply because this
The Department of the Army has with a copy to the Department of rule does not implement or require
determined that the National Defense, Office of the Deputy Chief actions impacting environmental health
Environmental Policy Act does not Management Officer, Directorate of and safety risks on children.
apply because the rule does not have an Oversight and Compliance, Regulatory
adverse impact on the environment. and Audit Matters Office, 9010 Defense H. Executive Order 13132 (Federalism)
Pentagon, Washington, DC 20301–9010..
D. Paperwork Reduction Act Comments can be received from 30 to 60 The Department of the Army has
The Department of the Army has days after the date of this notice, but determined that the criteria of Executive
determined that the Paperwork comments to OMB will be most useful Order 13132 do not apply because this
Reduction Act (PRA) does apply to this if received by OMB within 30 days after rule will not have a substantial effect on
rule’s sex offender registration the date of this notice. the States, on the relationship between
requirement; all other requirements are You may also submit comments, the national government and the States,
exempted since it is information identified by docket number and title, or on the distribution of power and
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collected during a criminal by the following method: responsibilities among the various
investigation. * Federal eRulemaking Portal: http:// levels of government.
DoD has submitted the sex offender www.regulations.gov. Follow the
registration requirement to OMB under instructions for submitting comments.
the provisions of the Paperwork Instructions: All submissions received
Reduction Act (44 U.S.C. Chapter 35). must include the agency name, docket

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Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations 28551

pdffiles/r27_10.pdf), Chapter 24.’’ See all other sex offenders required to (2) Army LE personnel will use the
42 U.S.C. 16911(5)(B) and U.S. register on the installation— U.S. Army Criminal Investigation
Department of Justice, Office of the (1) Complete a DA Form 3975 as an Laboratory (USACIL) DNA kit which
Attorney General, The National information entry into COPS. includes a DNA sample card and the
Guidelines for Sex Offender Registration (2) Complete ‘‘Section III—Subject USACIL DNA database collection eform.
and Notification, Final Guidelines, 73 (1a–7)’’ on the DA Form 3975 to identify Army LE personnel will forward
FR 38030, 38050–1 (July 2, 2008) for the sex offender. Ensure the sex offender civilian DNA samples to the USACIL.
guidelines and standards. Contact the produces either evidence of the Army LE personnel will document, in
servicing Office of the Staff Judge qualifying conviction or the sex offender the appropriate case file, when civilian
Advocate for assistance in interpreting registration paperwork in order to LE agencies handle any aspect of the
or applying this provision. complete ‘‘Section VII—Narrative’’ with DNA processing and whether the
(c) Sex Offender Registration the state in which the sex offender was civilian LE agency forwarded the DNA
Requirements. Sex offenders, as defined convicted, date of conviction, and sample to the FBI laboratory.
in paragraph (b)(1) of this section must results of conviction, to include length (c) DoD Instruction 5505.14 (available
register with the installation PMO/DES of time required to register and any at http://www.dtic.mil/whs/directives/
within three working days of first specific court ordered restrictions. corres/pdf/550514p.pdf) details the
arriving on an installation. Sex (f) DoD civilians, contractors, and procedures former Soldiers and
offenders must provide the installation family members that fail to register at civilians must follow to request
PMO/DES with evidence of the the installation PMO/DES are subject to expungement of their DNA records.
qualifying conviction. The PMO/DES a range of administrative sanctions, Former Soldiers and civilians from
will enter the registering sex offender’s including but not limited to a complete whom DNA samples have been taken,
conviction information on a Department or limited bar to the installation and but who were not convicted of any
of the Army Form 3975 as an removal from military housing. offense giving rise to the collection of
information entry into the Army’s DNA, do not submit requests to have
Centralized Operations Police Suite § 635.7 Collection of deoxyribonucleic their DNA record expunged through
(COPS) with the state the sex offender acid. installation PMO/DES channels. To
was convicted, date of conviction, and (a) Army Law Enforcement (LE) request expungement of DNA records
results of conviction, to include length personnel will collect deoxyribonucleic for civilians pursuant to Sections 14132
of time required to register and any acid (DNA) pursuant to DoDI 5505.14 of title 42, United States Code, the
specific court ordered restrictions. (available at http://www.dtic.mil/whs/ requestor or legal representative must
Registration with the PMO/DES does directives/corres/pdf/550514p.pdf), submit a written request to: FBI,
not relieve sex offenders of their legal DNA Collection Requirements for Laboratory Division, 2501 Investigation
obligation to comply with applicable Criminal Investigations. Per this Parkway, Quantico, VA 22135,
state and local registration requirements subpart, a sample of an individual’s Attention: Federal Convicted Offender
for the state in which they reside, work, DNA is to allow for positive Program Manager.
or attend school (see, AR 190–47 identification and to provide or generate Subpart B—Release of Information
(available at http://www.apd.army.mil/ evidence to solve crimes through
pdffiles/r190_47.pdf), chapter 14 and database searches of potentially § 635.8 General.
AR 27–10 (available at http:// matching samples. DNA samples will (a) The policy of HQDA is to conduct
www.apd.army.mil/pdffiles/r27_10.pdf), not be collected from juveniles. activities in an open manner and
chapter 24). Registration with the state (b) Army LE personnel will obtain a provide the public accurate and timely
is also required under the Sex Offender DNA sample from a civilian in their information. Accordingly, law
Registration and Notification Act control at the point it is determined enforcement information will be
(SORNA), 42 U.S.C. 16901 et seq., and there is probable cause to believe the released to the degree permitted by law
implemented by AR 27–10 (Available at detained person violated a Federal and Army regulations.
http://www.apd.army.mil/pdffiles/r27_ statute equivalent to the offenses (b) Any release of military police
10.pdf), Military Justice, and DoDI identified in DoDI 5505.11 (available at records or information compiled for law
1325.7 (Available at http:// http://www.dtic.mil/whs/directives/ enforcement purposes, whether to
www.dtic.mil/whs/directives/corres/pdf/ corres/pdf/550511p.pdf), Fingerprint persons within or outside the Army,
132507p.pdf). In addition, upon Card and Final Disposition Report must be in accordance with the FOIA
assignment, reassignment, or change of Submission Requirements, and 32 CFR and the Privacy Act.
address, sex offenders will inform the part 310, Department of Defense Privacy (c) Requests by individuals for access
installation PM/DES within three Program, except for the listed violations to military police records about
working days. Failure to comply with that are exclusively military offenses. themselves will be processed in
registration requirements is punishable For the purposes of this rule, DNA shall compliance with FOIA and the Privacy
under Federal or State law and/or under be taken from all civilian drug Act.
the UCMJ. ‘‘State’’ in this paragraph offenders, except those who are arrested (d) Military police records in the
includes any jurisdiction listed in or detained for the offenses of simple temporary possession of another
paragraph (b)(1) of this section in which possession and personal use. organization remain the property of the
a sex offender is required to register. (1) When Army LE personnel make a originating law enforcement agency.
(d) Installation PMOs and DESs will probable cause determination The following procedures apply to any
maintain and update a monthly roster of concerning a civilian not in their organization authorized temporary use
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current sex offenders names and control, Army LE personnel are not of military police records:
provide it to the Sexual Assault Review required to collect DNA samples. (1) Any request from an individual
Board; the Army Command PM and DES Likewise, Army LE personnel are not seeking access to military police records
and the garrison commander. required to obtain DNA samples when will be immediately referred to the
(e) Installation PMs and DESs will another LE agency has, or will, obtain originating law enforcement agency for
complete the following procedures for the DNA. processing. The temporary custodian of

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Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations 28555

unless the court determines that ACTION: Final rule. direction. The DAJAG (Admiralty and
testimony by the victim would be Maritime Law) has also certified that the
materially affected if the victim heard SUMMARY: The Department of the Navy lights involved are located in closest
other testimony at trial, or for other (DoN) is amending its certifications and possible compliance with the applicable
good cause. exemptions under the International 72 COLREGS requirements.
(5) The right to confer with the Regulations for Preventing Collisions at Moreover, it has been determined, in
attorney for the Government in the case. Sea, 1972, as amended (72 COLREGS), accordance with 32 CFR parts 296 and
(6) The right to restitution, if to reflect that the Deputy Assistant 701, that publication of this amendment
appropriate. Judge Advocate General for public comment prior to adoption is
(7) The right to information regarding (DAJAG)(Admiralty and Maritime Law) impracticable, unnecessary, and
conviction, sentencing, imprisonment, has determined that USS JACKSON contrary to public interest since it is
and release of the offender from (LCS 6) is a vessel of the Navy which, based on technical findings that the
custody. due to its special construction and placement of lights on this vessel in a
(b) [Reserved] purpose, cannot fully comply with manner differently from that prescribed
Subpart E—National Crime Information certain provisions of the 72 COLREGS herein will adversely affect the vessel’s
Center Policy without interfering with its special ability to perform its military functions.
function as a naval ship. The intended
§ 635.23 Standards. effect of this rule is to warn mariners in List of Subjects in 32 CFR Part 706
The use of NCIC is limited to waters where 72 COLREGS apply. Marine safety, Navigation (water),
authorized criminal justice purposes DATES: This rule is effective May 19, Vessels.
such as, stolen vehicle checks or wants 2015 and is applicable beginning May 7,
and warrants. Subject to FBI regulations For the reasons set forth in the
2015. preamble, the DoN amends part 706 of
and policy, NCIC checks of visitors to a
FOR FURTHER INFORMATION CONTACT: title 32 of the Code of Federal
military installation may be authorized
by the Installation/Garrison Commander Commander Theron R. Korsak, Regulations as follows:
as set forth in DoD 5200.08–R (Available (Admiralty and Maritime Law), Office of
the Judge Advocate General, Department PART 706—CERTIFICATIONS AND
at http://www.dtic.mil/whs/directives/
of the Navy, 1322 Patterson Ave. SE., EXEMPTIONS UNDER THE
corres/pdf/520008r.pdf) and DoDI
Suite 3000, Washington Navy Yard, DC INTERNATIONAL REGULATIONS FOR
5200.08 (Available at http://
20374–5066, telephone 202–685–5040. PREVENTING COLLISIONS AT SEA,
www.dtic.mil/whs/directives/corres/pdf/
SUPPLEMENTARY INFORMATION: Pursuant 1972
520008p.pdf). Visitors to Army
installations are non-DoD affiliated to the authority granted in 33 U.S.C.
■ 1. The authority citation for part 706
personnel. 1605, the DoN amends 32 CFR part 706.
continues to read as follows:
[FR Doc. 2015–11943 Filed 5–18–15; 8:45 am] This amendment provides notice that
BILLING CODE 3710–08–P the DAJAG (Admiralty and Maritime Authority: 33 U.S.C. 1605.
Law), under authority delegated by the ■ 2. Section 706.2 is amended in Table
Secretary of the Navy, has certified that Four, paragraph 15, by revising the
DEPARTMENT OF DEFENSE USS JACKSON (LCS 6) is a vessel of the entry for USS JACKSON (LCS 6) to read
Navy which, due to its special as follows:
Department of the Navy construction and purpose, cannot fully
comply with the following specific § 706.2 Certifications of the Secretary of
32 CFR Part 706 provisions of 72 COLREGS without the Navy under Executive Order 11964 and
33 U.S.C. 1605.
interfering with its special function as a
Certifications and Exemptions Under * * * * *
naval ship: Annex I, paragraph 3(c),
the International Regulations for Table Four
pertaining to the task light’s horizontal
Preventing Collisions at Sea, 1972
distance from the fore and aft centerline * * * * *
AGENCY: Department of the Navy, DoD. of the vessel in the athwartship ■ 15. * * *

Vessel Number Horizontal distance from the fore and aft centerline of the vessel in the athwartship direction

* * * * * * *
USS JACKSON .................... LCS 6 ................................. Upper—0.10 meters
Middle—1.31 meters
Lower—1.31 meters

* * * * * Approved: May 7, 2015.
A.B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant
Judge Advocate, General (Admiralty and
Maritime Law).
Dated: May 11, 2015
N.A. Hagerty-Ford
tkelley on DSK3SPTVN1PROD with RULES

Commander, Judge Advocate General’s Corps,
U.S. Navy, Federal Register Liaison Officer.
[FR Doc. 2015–11908 Filed 5–18–15; 8:45 am]
BILLING CODE 3810–FF–P

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Document Created: 2015-12-15 15:29:47
Document Modified: 2015-12-15 15:29:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim rule; request for comments.
Dates		Effective May 22, 2015. Consideration will be given to all comments received by: July 20, 2015.
Contact		Ms. Katherine Brennan, (703) 692-6721.
FR Citation		80 FR 28545
RIN Number		0702-AA62
CFR Associated		Crime; Law; Law Enforcement; Law Enforcement Officers and Military Law

80 FR 28545 - Law Enforcement Reporting

DEPARTMENT OF DEFENSEDepartment of the Army

Federal Register Volume 80, Issue 96 (May 19, 2015)

DEPARTMENT OF DEFENSE
Department of the Army