[Federal Register Volume 71, Number 93 (Monday, May 15, 2006)]
[Rules and Regulations]
[Pages 27961-27962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4511]


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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: Final rule.

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SUMMARY: The Department of the Army is publishing our rule 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, Public Law 108-375, pertaining to 
reporting of sexual assaults. This rule also implements Department of 
Defense policy concerning sexual assault.

DATES: Effective Date: June 14, 2006.

ADDRESSES: 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: James Crumley, (703) 692-6721.

SUPPLEMENTARY INFORMATION:

A. Background

    In the December 9, 2005 issue of the Federal Register (70 FR 73181) 
the Department of the Army published a proposed rule, amending 32 CFR 
part 635. This final rule amends 32 CFR part 635 to implement portions 
of Section 577(b)(5) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005, October 28, 2004, Public Law 
108-375, pertaining to reporting of sexual assaults. This revision also 
implements Department of Defense policy concerning sexual assault. The 
Department of the Army received no responses to the proposed rule.

B. 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.

C. 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.

D. 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.

E. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the 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 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 rule is not a 
significant regulatory action. As such, the 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 Risk and Safety Risks)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13045 this 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 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.

Mark Darden,
Chief, Law Enforcement Policy Branch.

List of Subjects in 32 CFR Part 635

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


0
For reasons stated in the preamble the Department of the Army amends 32 
CFR part 635 to read as follows:

PART 635--LAW ENFORCEMENT REPORTING

0
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.  635.33 through 635.36  [Redesignated as Sec. Sec.  635.34 
through 635.37]

0
2. Redesignate Sec. Sec.  625.33 through 635.36 as Sec. Sec.  635.34 
through 635.37, respectively.


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

0
3. Redesignate Sec. Sec.  635.31 and 635.32 as Sec. Sec.  635.32 and 
635.33, respectively.

0
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), health care providers (HCP), or 
chaplains to collect specific items (clothing, bedding, etc.) that may 
be later used as evidence, should the victim later decide to 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 HCP, 
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

[[Page 27962]]

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 evidence kit or property (clothing, bedding, etc.) is 
received. The journal entry will be listed using non-identifying 
information, such as an anonymous identifier. An entry will not be made 
in the blotter. Restricted reporting incidents are not reportable as 
Serious Incident Reports. Property and the evidence kit will be stored 
for one year and then scheduled/suspensed for destruction, unless 
earlier released to investigative authorities in accordance with the 
victim's decision to pursue unrestricted reporting. 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 days, unless law enforcement personnel are notified 
by the SARC that the victim has elected unrestricted reporting. 
Clothing, the evidence kit, 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, but from a source other than the SARC, 
HCP, chaplain, or Provost Marshal, 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. 06-4511 Filed 5-12-06; 8:45 am]
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