[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Rules and Regulations]
[Pages 28545-28555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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