[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Proposed Rules]
[Pages 73181-73183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23853]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 635

RIN 0702-AA52-U


Law Enforcement Reporting

AGENCY: Department of the Army, DoD.

ACTION: Proposed rule.

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SUMMARY: The Department of the Army proposes to amend its regulation 
concerning law enforcement reporting, to implement portions of section 
577(b)(5) of the Ronald W. Reagan National Defense Authorization Act 
for Fiscal Year 2005, October 28, 2004, Pub. L. 108-375, pertaining to 
reporting of sexual assaults. This revision also implements Department 
of Defense policy concerning sexual assault.

DATES: Comments submitted to the address below on or before January 9, 
2006 will be considered.

ADDRESSES: You may submit comments, identified by ``32 CFR Part 635 and 
RIN

[[Page 73182]]

0702-AA52-U in the subject line, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-Mail: [email protected]. Include 32 CFR Part 635 
and RIN 0702-AA52-U in the subject line of the message.
     Mail: Headquarters, Department of the Army, Office of the 
Provost Marshal General, ATTN: DAPM-MPD-LE, 2800 Army Pentagon, 
Washington, DC 20310-2800.

FOR FURTHER INFORMATION CONTACT: Nathan Evans, Policy Analyst, 
Arlington, VA at (703) 693-2126.

SUPPLEMENTARY INFORMATION:

A. Background

    This rule has previously been published. The Department of Defense 
and the Department of the Army have implemented policies concerning 
sexual assault that affect law enforcement reporting. The 
Administrative Procedure Act, as amended by the Freedom of Information 
Act, requires that certain policies and procedures and other 
information concerning the Department of the Army be published in the 
Federal Register. The policies and procedures covered by this part fall 
into that category.

B. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the proposed 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.

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the proposed 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.

D. National Environmental Policy Act

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

E. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the proposed rule does not involve 
collection of information from the public.

F. 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 proposed rule does not impair private 
property rights.

G. Executive Order 12866 (Regulatory Planning and Review)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 12866 this proposed rule is not a 
significant regulatory action. As such, the proposed rule is not 
subject to Office of Management and Budget review under section 6(a)(3) 
of the Executive Order.

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

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13045 this proposed rule does not 
apply.

I. Executive Order 13132 (Federalism)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13132 this proposed rule does not 
apply because it 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.

Jeffery B. Porter
Chief, Law Enforcement Policy and Oversight Section.

List of Subjects in 32 CFR Part 635

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

    For reasons stated in the preamble the Department of the Army 
proposes to amend 32 CFR Part 635 to read as follows:

PART 635--LAW ENFORCEMENT REPORTING

    1. The authority citation for part 635 continues to read as 
follows:

    Authority: 28 U.S.C. 534 note, 42 U.S.C. 10601, 18 U.S.C. 922, 
42 U.S.C. 14071, 10 U.S.C. 1562, 10 U.S.C. Chap. 47, Pub. L. 108-
375.


Sec. Sec.  635.31 and 635.32  [Redesignated as Sec. Sec.  635.32 and 
635.33]

    2. Redesignate Sec. Sec.  635.31 and 635.32 as Sec. Sec.  635.32 
and 635.33, respectively.


Sec. Sec.  635.33 through 653.36  [Redesignated as Sec. Sec.  635.34 
through 635.37]

    3. Redesignate Sec. Sec.  635.33 through 635.36 as Sec. Sec.  
635.34 through 635.37, respectively.
    4. A new Sec.  635.31 is added to Subpart D to read as follows:


Sec.  635.31  Procedures for Restricted/Unrestricted Reporting in 
Sexual Assault Cases.

    Active duty Soldiers, and Army National Guard and U.S. Army Reserve 
Soldiers who are subject to military jurisdiction under the UCMJ, can 
elect either restricted or unrestricted reporting if they are the 
victim of a sexual assault.
    (a) Unrestricted Reporting. Unrestricted reporting requires normal 
law enforcement reporting and investigative procedures.
    (b) Restricted reporting requires that law enforcement and criminal 
investigative organizations not be informed of a victim's identity and 
not initiate investigative procedures. The victim may allow Sexual 
Assault Response Coordinators (SARC), medical treatment facility 
personnel, or chaplains to collect specific items (clothing, bedding, 
etc.) that may be later used as evidence, should they decide to later 
report the incident to law enforcement. In sexual assault cases 
additional forensic evidence may be collected using the ``Sexual 
Assault Evidence Collection Kit,'' NSN 6640-01-423-9132, or a suitable 
substitute (hereafter, ``evidence kit''). The evidence kit, other items 
such as clothing or bedding sheets, and any other articles provided by 
the Medical Treatment Facility, SARC, or chaplain will be stored in the 
installation provost marshal's evidence room separate from other 
evidence and property. Procedures for handling evidence specified in AR 
195-5, Evidence Procedures, will be strictly followed.
    (c) Installation Provost Marshals will complete an information 
report in COPS for restricted reporting. Reports will be completed 
utilizing the offense code from the 6Z series. An entry will be made in 
the journal when the sexual assault evidence kit or property (clothing, 
bedding, etc.) is received. An entry will not be made in the blotter. 
Restricted reporting incidents are not reportable as Serious Incident 
Reports. Property will be stored for one year and then scheduled/
suspensed for destruction, unless earlier released to investigative 
authorities. Thirty days prior to destruction of the property, a letter 
will be sent to the SARC by the Provost Marshal, advising the SARC that 
the property will be destroyed in thirty

[[Page 73183]]

days, unless law enforcement personnel are notified by the SARC that 
the victim has elected unrestricted reporting. Clothing or other 
personal effects may be released to the SARC for return to the victim. 
The information report will be updated when the evidence is destroyed, 
or released to investigative authorities.
    (d) In the event that information about a sexual assault that was 
made under restricted reporting is disclosed to the commander from a 
source independent of the restricted reporting avenues, or to law 
enforcement from other sources, the commander may report the matter to 
law enforcement and law enforcement remains authorized to initiate its 
own independent investigation of the matter presented. Additionally, a 
victim's disclosure of his/her sexual assault to persons outside the 
protective sphere of the persons covered by the restricted reporting 
policy may result in an investigation of the allegations.

[FR Doc. 05-23853 Filed 12-8-05; 8:45 am]
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