[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Rules and Regulations]
[Pages 17385-17386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07054]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 635

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


Law Enforcement Reporting

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

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SUMMARY: This rule adopts as final, with minor administrative changes, 
an interim rule of the Department of the Army to amend 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 the Department of 
Defense (DoD), and with other Federal, State, and local law enforcement 
officials. The Department of the Army is making minor administrative 
changes based on the name change of a form and reporting system 
mentioned in the rule. The Centralized Operations Police Suite (COPS) 
Military Police Reporting System (MPRS) name is changed to Army Law 
Enforcement Reporting and Tracking System (ALERTS). The Department of 
the Army Form 3975, ``Military Police Report'' name was changed to 
``Law Enforcement Report''.

DATES: Effective April 28, 2016.

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

SUPPLEMENTARY INFORMATION: On May 19, 2015, the Department of the Army 
published an interim rule in the Federal Register (80 FR 28545), as 32 
CFR part 635, to amend 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.
    The interim rule met 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 provided 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 established policies 
and procedures for offense and serious-incident reporting with the 
Army; for reporting to DoD 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 updated various reporting requirements described in 
various Federal statutes.

I. Public Comments

    The publication of this rule finalizes the interim final rule 
published on May 19, 2015, and will ensure the Army is in compliance 
with multiple Department of Defense and Federal requirements. No 
comments were received on the interim rule; however, the Department of 
the Army is making minor administrative changes based on the name 
change of a form and reporting system mentioned in the rule.

II. 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.

III. 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

[[Page 17386]]

accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-
0036.

IV. 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

    It has been certified that this rule does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995. 
OMB has approved these requirements under OMB Control Number 0702-0128.

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 not a significant regulatory action.

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.

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 
amends 32 CFR part 635 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, 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.


Sec.  635.1  [Amended]

0
2. Amend Sec.  635.1 by removing ``MPR'' and adding in its place ``Law 
Enforcement Report''.


Sec.  635.3  [Amended]

0
3. Amend Sec.  635.3 by removing ``MPRs'' and adding in its place ``law 
enforcement reports'' in paragraph (c) introductory text and paragraph 
(c)(2).

0
4. Amend Sec.  635.5 by:
0
a. Revising paragraph (b).
0
b. Removing ``COPS MPRS'' and adding in its place ``ALERTS'' in 
paragraphs (d) and (e) introductory text.
0
c. Removing ``COPS MPRS'' and adding in its place ``ALERTS'' in 
paragraph (e)(4) the first time it appears and removing ``COPS MPRS 
system'' and adding in its place ``ALERTS'' at the end of paragraph 
(e)(4).
    The revision reads as follows:


Sec.  635.5  Name checks.

* * * * *
    (b) Checks will be accomplished by a review of the Army's Law 
Enforcement Reporting and Tracking System (ALERTS). Information will be 
disseminated according to subpart B of this part.
* * * * *

0
5. Amend Sec.  635.6 by:
0
a. Removing ``Department of the Army Form 3975'' and adding in its 
place ``Raw Data File'' and removing ``Army's Centralized Operations 
Police Suite (COPS)'' and adding in its place ``Army's Law Enforcement 
Reporting and Tracking System (ALERTS)'' in paragraph (c).
0
b. Revising paragraphs (e)(1) and (2).
    The revisions read as follows:


Sec.  635.6  Registration of sex offenders on Army installations 
(inside and outside the Continental United States).

* * * * *
    (e) * * *
    (1) Complete a Raw Data File as an information entry into ALERTS.
    (2) Ensure the sex offender produces either evidence of the 
qualifying conviction or the sex offender registration paperwork in 
order to complete the 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.
* * * * *


Sec.  635.8  [Amended]

    e. Amend Sec.  635.8 by removing ``MPR'' and adding in its place 
``Law Enforcement Report'' in paragraph (d)(3).


Sec.  635.17  [Amended]

    f. Amend Sec.  635.17 by removing ``COPS'' and adding in its place 
``ALERTS'' in paragraph (b) introductory text.

[FR Doc. 2016-07054 Filed 3-28-16; 8:45 am]
 BILLING CODE 5001-03-P