Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 75287

TABLE 1.—COMPLIANCE TIMES—Continued

Lockheed service bulletin 

Initial compliance time (whichever occurs later between the times in ‘‘Inspection Threshold’’

and ‘‘Grace Period’’) Repetitive intervals 

Inspection threshold Grace period 

(17) Change Notification 093–57–213, 

CN1, dated February 

20, 1996.

For Model L–1011–385–1, L–1011–385–1–

14, L–1011–385–1–15: Before the accumulation of 15,00 total flight cycles. 

For Model L–1011–385–3: Before the accumulation of 10,000 total flight cycles..

Within 6,450 flight cycles or 5 years after the 

effective date of this AD, whichever occurs 

first.

At intervals not to exceed 6,450 flight cycles or 5 years, 

whichever occurs 

first. 

Corrective Action 

(b) If any cracking or corrosion is detected 

during any inspection required by paragraph 

(a) of this AD, prior to further flight, 

accomplish the actions specified in 

paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this 

AD.

(1) Repair in accordance with the 

applicable service bulletin referenced in 

Table I or II of Lockheed Tristar L–1011 

Service Bulletin 093–51–041, Revision 1, 

dated March 3, 2000. 

(2) Repair in accordance with the 

applicable section of the Lockheed L–1011 

Structural Repair Manual. 

(3) Accomplish the terminating 

modification in accordance with the 

applicable service bulletin referenced in 

Table I or II of Lockheed Tristar L–1011 

Service Bulletin 093–51–041, Revision 1, 

dated March 3, 2000. 

(4) Repair in accordance with a method 

approved by the Manager, Atlanta Aircraft 

Certification Office (ACO), FAA, Small 

Airplane Directorate. 

Terminating Action 

(c) Within 5 years or 5,000 flight cycles 

after the effective date of this AD, whichever 

occurs first, install the terminating 

modification referenced in the applicable 

service bulletin listed in Table 1 of this AD, 

per the applicable service bulletin. Such 

installation constitutes terminating action for 

the applicable structural inspection required 

by paragraph (a) of this AD. 

Alternative Methods of Compliance 

(d) An alternative method of compliance or 

adjustment of the compliance time that 

provides an acceptable level of safety may be 

used if approved by the Manager, Atlanta 

Aircraft Certification Office (ACO), FAA. 

Operators shall submit their requests through 

an appropriate FAA Principal Maintenance 

Inspector, who may add comments and then 

send it to the Manager, Atlanta ACO.

Note 2: Information concerning the 

existence of approved alternative methods of 

compliance with this AD, if any, may be 

obtained from the Atlanta ACO.

Special Flight Permits 

(e) Special flight permits may be issued in 

accordance with sections 21.197 and 21.199 

of the Federal Aviation Regulations (14 CFR 

21.197 and 21.199) to operate the airplane to 

a location where the requirements of this AD 

can be accomplished.

Issued in Renton, Washington, on 

December 7, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27520 Filed 12–15–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF DEFENSE

Department of the Army 

32 CFR Part 637 

RIN 0702–AA44 

Military Police Investigations

AGENCY: Department of the Army, DoD.

ACTION: Proposed rule; request for 

comments. 

SUMMARY: The Department of the Army 

proposes to add its regulation 

concerning military police 

investigations. The regulation prescribes 

policies and procedures on types and 

categories of offenses investigated by 

Military Police and DA Civilian 

detectives/investigators.

DATES: Comments submitted to the 

address below on or before February 14, 

2005 will be considered.

ADDRESSES: You may submit comments, 

identified by ‘‘32 CFR Part 637 and RIN 

0702–AA44’’ in the subject line, by any 

of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: james.crumley@hqdaaoc.army.pentagon.mil. Include 32 CFR 

part 637 and RIN 0702–AA44 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:

James Crumley (703) 692–6721.

SUPPLEMENTARY INFORMATION: 

A. Background 

This rule has not previously been 

published. 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 regulation 

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. 

75288 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 

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 

Risk 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 637 

Crime. Investigations. Law. Law 

enforcement. Law enforcement officers. 

Military law. Search Warrant.

For reasons stated in the preamble the 

Department of the Army proposes to 

add Part 637 to Subchapter I of Title 32 

to read as follows:

PART 637—MILITARY POLICE 

INVESTIGATIONS

Subpart A—Investigations 

Sec. 

637.1 General. 

637.2 Use of MPI and DAC Detectives/

Investigators. 

637.3 Installation Commander. 

637.4 Military Police and the USACIDC. 

637.5 Off-post investigations. 

637.6 Customs investigations. 

637.7 Drug enforcement activities. 

637.8 Identification of MPI. 

637.9 Access to U.S. Army facilities and 

records. 

637.10 Authority to apprehend or detain. 

637.11 Authority to administer oaths. 

637.12 Legal considerations. 

637.13 Retention of property. 

637.14 Use of National Crime Information 

Center (NCIC). 

637.15 Polygraph activities. 

637.16 Evidence. 

637.17 Police intelligence. 

637.18 Electronic equipment procedures. 

637.19 Overseas MP desk. 

637.20 Security surveillance systems. 

637.21 Recording interviews and 

interrogations.

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.

Subpart A—Investigations

§ 637.1 General. 

(a) Military Police Investigators (MPI) 

and Department of the Army Civilian 

(DAC) detectives/investigators fulfill a 

special need for an investigative 

element within the military police to 

investigate many incidents, complaints, 

and matters not within U.S. Army 

Criminal Investigation Command 

(USACIDC) jurisdiction, but which 

cannot be resolved immediately through 

routine military police operations. 

Investigative personnel are assets of the 

installation or activity commander, 

under the supervision of the local 

provost marshal. USACIDC elements 

will provide investigative assistance in 

the form of professional expertise, 

laboratory examinations, polygraph 

examinations, or any other assistance 

requested which does not distract from 

the USACIDC mission of investigating 

serious crimes. A spirit of cooperation 

and close working relationship is 

essential between USACIDC and the 

provost marshal office in order to 

accomplish the mission and project a 

professional police image. 

(b) Creation of a formalized 

investigation program does not 

constitute the establishment of a dual 

‘‘detective’’ force. The separation of 

investigative responsibilities is very 

distinct. The MPI Program is neither a 

career program nor a separate Military 

Occupational Specialty (MOS). 

Individuals in the MPI Program are 

specially selected, trained, and 

experienced military or civilian men 

and women performing traditional 

military police functions. Military 

personnel are identified by their 

additional skill identifiers (ASI V5) and 

may be employed in any assignment 

appropriate to their grade and MOS. 

(c) The provost marshal may 

authorize wearing of civilian clothing 

for the MPI investigative mission. 

(d) MPI and DAC detective/

investigator personnel must be familiar 

with and meet the requirements of 

Army Regulation (AR) 190–14 (Carrying 

of Firearms and Use of Force for Law 

Enforcement and Security Duties).

§ 637.2 Use of MPI and DAC Detectives/

Investigators. 

Only those matters requiring 

investigative development will be 

referred to the MPI for investigation. 

Provost marshals will develop 

procedures to determine which 

incidents will be referred to the MPI for 

completion and which will be retained 

and completed by uniformed MP 

personnel. Except as otherwise 

provided, MPI and DAC detectives/

investigators will normally be employed 

in the following investigations: 

(a) Offenses for which the maximum 

punishment listed in the Table of 

Maximum Punishment, Manual for 

Courts-Martial, United States, 2002 is 

confinement for 1 year or less. 

Provisions of the Federal Assimilative 

Crimes Act will also be considered 

when assigning cases to MPI. The same 

punishment criteria apply. 

(b) Property-related offenses when the 

value is less than $1,000 provided the 

property is not of a sensitive nature, 

such as government firearms, 

ammunition, night vision devices, or 

controlled substances.

(c) Offenses involving use and/or 

possession of non-narcotic controlled 

substances when the amounts are 

indicative of personal use only. Military 

police will coordinate with the local 

USACIDC element in making 

determinations of ‘‘personal use’’. MPI 

and DAC detectives/investigators may 

be employed in joint MPI/USACIDC 

drug suppression teams; however, the 

conduct of such operations and 

activities remain the responsibility of 

USACIDC. When employed under 

USACIDC supervision, MPI and DAC 

detectives/investigators may also be 

utilized to make controlled buys of 

suspected controlled substances. 

(d) Activities required for the security 

and protection of persons and property 

under Army control, to include support 

of Armed Forces Disciplinary Control 

Boards as prescribed in AR 190–24. If 

MPI detect a crime-conducive condition 

during the course of an investigation, 

the appropriate physical security 

activity will be promptly notified. 

Crime-conducive conditions will also be 

identified in military police reports. 

(e) Allegations against MP personnel, 

when not within the investigative 

responsibilities of USACIDC. 

(f) Offenses committed by juveniles, 

when not within the investigative 

responsibilities of USACIDC. 

(g) Gang or hate crime related activity, 

when not within the investigative 

responsibilities of USACIDC.

§ 637.3 Installation Commander. 

The installation commander, whose 

responsibilities include ensuring good 

order and discipline on his installation, 

has authority to order the initiation of 

a criminal investigation upon receipt of 

information of activity of a criminal 

nature occurring on the installation.

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 75289

§ 637.4 Military Police and the USACIDC. 

(a) The military police or the 

USACIDC are authorized to investigate 

allegations of criminal activity occurring 

on the installation. Nothing in this 

paragraph is intended to conflict with or 

otherwise undermine the delineation of 

investigative responsibilities between 

the military police and the USACIDC as 

set forth in AR 195–2. 

(b) When investigative responsibility 

is not clearly defined, and the matter 

cannot be resolved between military 

police investigations supervisors and 

USACIDC duty personnel, or between 

military police investigations 

supervisors and unit commanders, the 

provost marshal will be informed and 

will resolve the matter with the 

appropriate USACIDC activity 

commander/Special Agent in Charge 

(SAC) or unit commander. 

(c) The control and processing of a 

crime scene and the collection and 

preservation of the evidence are the 

exclusive responsibilities of the 

investigator or supervisor in charge of 

the crime scene when the military 

police have investigative responsibility. 

To prevent the possible loss or 

destruction of evidence, the investigator 

or supervisor in charge of the crime 

scene is authorized to exclude all 

personnel from the scene. The exercise 

of this authority in a particular case may 

be subject to the requirement to preserve 

human life and the requirement for 

continuing necessary operations and 

security. These should be determined in 

conjunction with the appropriate 

commander and, where applicable, local 

host country law enforcement 

authorities. 

(d) Unit commanders should consult 

with the installation provost marshal 

concerning all serious incidents. 

Examples of incidents appropriate for 

investigation at the unit level include 

simple assaults not requiring 

hospitalization and not involving a 

firearm, or wrongful damage to property 

of a value under $1,000. Other incidents 

should be immediately referred to the 

installation provost marshal. 

(e) The military police desk is the 

official point of contact for initial 

complaints and reports of offenses. The 

provisions of AR 190–45 are to be 

followed for all military police records, 

reports, and reporting. 

(1) When incidents are reported 

directly to a USACIDC field element, 

USACIDC may either direct the 

reporting person to the MP desk or 

report the incident to the MP desk 

themselves. 

(2) Upon receipt of the complaint or 

report of offense, the MP desk will 

dispatch an available patrol to the scene 

of the incident. The patrol will take 

appropriate measures to include 

locating the complainant, witnesses, 

suspects, and victims, apprehending 

offenders, securing the crime scene, 

rendering emergency assistance, 

determining and reporting to the MP 

desk, by the most expeditious means 

possible, the appropriate activity having 

investigative responsibility. 

(f) In those cases in which the 

USACIDC has an ongoing investigation 

(typically fraud and narcotics matters), 

they may delay notification to the 

military police to avoid compromising 

their investigation. 

(g) Procedures will be developed to 

ensure mutual cooperation and support 

between MPI, DAC detectives/

investigators and USACIDC elements at 

each investigative level; however, MPI, 

DAC detectives/investigators and 

USACIDC personnel will remain under 

command and control of their respective 

commanders at all times.

(1) With the concurrence of the 

commander concerned, MPI and DAC 

detectives/investigators may provide 

assistance to USACIDC whenever 

elements assume responsibility for an 

investigation from MPI. 

(2) When requested by a USACIDC 

region, district, or the special agent-incharge of a resident agency, the provost 

marshal may provide MPI or DAC 

detective/investigator assistance to 

USACIDC on a case-by-case basis or for 

a specified time period. 

(3) With the concurrence of the 

appropriate USACIDC commander, CID 

personnel may be designated to assist 

MPI or DAC detectives/investigators on 

a case-by-case basis without assuming 

control of the investigation. 

(4) Modification of investigative 

responsibilities is authorized on a local 

basis if the resources of either USACIDC 

or the military police cannot fully 

support their investigative workload 

and suitable alternatives are not 

available. Such modifications will be by 

written agreement signed by the provost 

marshal and the supporting USACIDC 

commander. Agreements will be in 

effect for no more than two years unless 

sooner superseded by mutual 

agreement.

§ 627.5 Off-post investigations. 

(a) In Continental United States 

(CONUS), civilian law enforcement 

agencies, including state, county, or 

municipal authorities, or a Federal 

investigative agency normally 

investigate incidents occurring off-post. 

When an incident of substantial interest 

to the U.S. Army occurs off-post, 

involving U.S. Army property or 

personnel, the military police exercising 

area responsibility will request copies of 

the civilian law enforcement report. 

(b) In Overseas areas, off-post 

incidents will be investigated in 

accordance with Status of Forces 

Agreements and other appropriate U.S. 

host nation agreements.

§ 637.6 Customs investigations. 

(a) Customs violations will be 

investigated as prescribed in AR 190–

41. When customs authorities find 

unauthorized material such as 

contraband, explosives, ammunition, 

unauthorized or illegal weapons or 

property, which may be property of the 

U.S. Government, notification must be 

made via electronic message or 

facsimile to HQDA, Office of the Provost 

Marshal General (DAPM–MPD–LE). All 

such notifications will be made to the 

military police and investigated by CID 

or the military police, as appropriate. 

(b) Military police will receipt for all 

seized or confiscated U.S. Government 

property and contraband shipped by 

U.S. Army personnel. Property 

receipted for by military police will be 

accounted for, and disposed of, in 

accordance with evidence procedures 

outlined in AR 195–5. 

(c) When it has been determined that 

the subject of an MP customs 

investigation is no longer a member of 

the U.S. Army, the investigation will be 

terminated, a final report submitted 

indicating the subject was released from 

the U.S. Army, and an information copy 

of the report furnished to the 

appropriate civil investigative agency. 

(d) Recovery of weapons and 

significant amounts of ammunition will 

be reported by the U.S. Army element 

receipting for them from the U.S. 

Customs Service in accordance with AR 

190–11 and AR 190–45.

§ 637.7 Drug enforcement activities.

Provost marshals and U.S. Army law 

enforcement supervisors at all levels 

will ensure that active drug enforcement 

programs are developed and 

maintained, and that priorities for 

resources reflect the critical and 

important nature of the drug 

enforcement effort. 

(a) MPI and DAC detectives/

investigators will conduct investigations 

of offenses involving use and possession 

of non-narcotic controlled substances. A 

copy of all initial, interim and final 

military police reports concerning drug 

investigations will be provided to the 

USACIDC at the local level. 

Enforcement activities will be 

coordinated with the USACIDC at the 

local level. 

(b) Any investigation of offenses 

involving possession/use of nonVerDate jul<14>2003 16:37 Dec 15, 2004 Jkt 205001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1
75290 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 

narcotic controlled substances generated 

as a result of another USACIDC 

investigation may be transferred to MPI 

with the concurrence of both the 

supporting USACIDC commander and 

provost marshal. 

(c) Elements of USACIDC will be 

provided the opportunity to interview 

subjects, suspects or witnesses in MPI or 

DAC detective investigations involving 

controlled substances without assuming 

responsibility for the investigation. MPI 

and DAC detectives/investigators may 

also interview subjects, suspects or 

witnesses of USACIDC investigations.

§ 637.8 Identification of MPI. 

(a) During the conduct of 

investigations, MPI will identify 

themselves by presenting their 

credentials and referring to themselves 

as ‘‘INVESTIGATOR.’’ When signing 

military police records the title 

‘‘Military Police Investigator’’ may be 

used in lieu of military titles. Civilian 

personnel will refer to themselves as 

‘‘INVESTIGATOR’’ if they are classified 

in the 1811 series, and as ‘‘DETECTIVE’’

if they are in the 083 series. Civilian 

personnel will use the title ‘‘DAC 

Investigator’’ or ‘‘DAC Detective’’

corresponding to their classification 

series. 

(b) The use of titles such as ‘‘Mr.’’, 

‘‘Mrs.’’, ‘‘Miss’’ or ‘‘Ms.’’ in connection 

with an individual’s identification as an 

MPI is prohibited, except when 

employed in a covert investigative role. 

When MPI or DAC detectives/

investigators are employed in covert 

roles, supervisors will ensure that 

coordination with USACIDC or civilian 

law enforcement agencies is 

accomplished as appropriate.

§ 637.9 Access to U.S. Army facilities and 

records. 

(a) MPI and DAC detectives/

investigators will be granted access to 

all U.S. Army facilities, records or 

information when necessary for an 

ongoing investigation, consistent with 

the investigator’s clearance for access to 

classified national defense information, 

the requirements of medical 

confidentiality, and the provisions of 

applicable regulations. 

(b) Upon presentation of proper 

identification when conducting an 

official investigation, MPI and DAC 

detectives/investigators will be 

authorized access to information 

contained in medical records and may 

request extracts or transcripts. Medical 

records will remain under the control of 

the records custodian who will make 

them available for courts-martial or 

other legal proceedings. Procedures for 

obtaining information from medical 

records are contained in AR 40–66.

§ 637.10 Authority to apprehend or detain. 

MPI and DAC detectives/investigators 

have authority to make apprehensions 

in accordance with Article 7, Uniform 

Code of Military Justice (UCMJ); Rule 

for Courts-Martial 302 (b)(1), Manual for 

Courts-Martial, United States 2002 

(Revised Edition). They may detain 

personnel for identification and remand 

custody of persons to appropriate civil 

or military authority as necessary. 

Civilians committing offenses on U.S. 

Army installations may be detained 

until they can be released to the 

appropriate Federal, state, or local law 

enforcement agency.

§ 637.11 Authority to administer oaths. 

MPI and DAC detectives/investigators 

have authority pursuant to Article 

136(b)(4), UCMJ to administer oaths to 

military personnel who are subject to 

the UCMJ. The authority to administer 

oaths to civilians who are not subject to 

the UCMJ is 5 U.S.C. 303(b).

§ 637.12 Legal considerations. 

(a) Coordination between installation 

judge advocates and investigators must 

occur during the conduct of 

investigations. 

(b) The use of the DA Form 3881 

(Rights Warning Procedure/Waiver 

Certificate) to warn accused or 

suspected persons of their rights is 

encouraged. 

(c) When necessary, investigators will 

coordinate with a judge advocate or 

civilian attorney employed in the Office 

of the Staff Judge Advocate for the 

purpose of establishing a legal opinion 

as to whether sufficient credible 

evidence has been established to title an 

individual in a report. Investigators 

should also coordinate with the Office 

of the Staff Judge Advocate in drafting 

search warrants and in determining 

whether probable cause exists to 

conduct a search.

§ 637.13 Retention of property.

Reports of investigation, photographs, 

exhibits, handwritten notes, sketches, 

and other materials pertinent to an 

investigation, including copies, 

negatives or reproductions, are the 

property of the U.S. Government, either 

as owner, or custodian.

§ 637.14 Use of National Crime Information 

Center (NCIC). 

Provost marshals will make maximum 

use of NCIC terminals available to them, 

and will establish liaison with the U.S. 

Army Deserter Information Point 

(USADIP) as necessary to ensure timely 

exchange of information on matters 

concerning deserters. The USADIP will 

ensure replies to inquiries from provost 

marshals on subjects of MP 

investigations are transmitted by the 

most expeditious means. Use of NCIC 

will be in accordance with AR 190–27.

§ 637.15 Polygraph activities. 

MPI and DAC detectives/investigators 

will utilize the polygraph to the full 

extent authorized. Requests for 

polygraph examination assistance will 

be forwarded to the supporting 

USACIDC element in accordance with 

provisions of AR 195–6. The 

investigative or intelligence element 

requesting approval to conduct a 

polygraph examination will submit a 

completed DA Form 2805 (Polygraph 

Examination Authorization) to the 

authorizing official. A request may also 

be sent via an electronic message or 

electronic mail or media provided all 

elements of the DA Form 2805 are 

included in the request. Approvals will 

be obtained prior to the conduct of an 

examination. Telephonic requests, 

followed with written requests, may be 

used in emergencies. The requesting 

official will include the following data 

on every polygraph examination request 

for criminal investigations: 

(a) The offense, which formed the 

basis of the investigation, is punishable 

under Federal law or the UCMJ by death 

or confinement for a term of 1 year or 

more. Even though such an offense may 

be disposed of with a lesser penalty, the 

person may be given a polygraph 

examination to eliminate suspicion. 

(b) The person to be examined has 

been interviewed and there is 

reasonable cause to believe that the 

person has knowledge of, or was 

involved in, the matter under 

investigation. 

(c) Consistent with the circumstances, 

data to be obtained by polygraph 

examination are needed for further 

conduct of the investigation. 

(d) Investigation by other means has 

been as thorough as circumstances 

permit. 

(e) Examinee has been interviewed on 

all relevant subjects requested for 

testing and the polygraph examination 

is essential and timely.

§ 637.16 Evidence. 

Military police are authorized to 

receive, process, safeguard and dispose 

of evidence, to include non-narcotic 

controlled substances, in accordance 

with AR 195–5. If no suitable facility is 

available for the establishment of a 

military police evidence depository or 

other operational circumstances so 

dictate, the evidence custodian of the 

appropriate USACIDC element may be 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Proposed Rules 75291

requested to receipt for and assume 

responsibility for military police 

evidence. Personnel selected as military 

police evidence custodians need not be 

trained as MPI and should not be issued 

MPI credentials, unless they are also 

employed as operational MPI. Further 

information concerning evidence 

collection and examination procedures 

can be found in Field Manual (FM) 3–

19.13, Law Enforcement Investigations.

§ 637.17 Police intelligence. 

(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. If police intelligence is 

developed to the point where it 

factually establishes a criminal offense, 

an investigation by the military police, 

(USACIDC) or other investigative agency 

will be initiated. 

(b) Police intelligence will be actively 

exchanged between Department of 

Defense (DOD) law enforcement 

agencies, military police, USACIDC, 

local, state, federal, and international 

law enforcement agencies. One tool 

under development by DOD for sharing 

police intelligence is the Joint 

Protection Enterprise Network (JPEN). 

JPEN provides users with the ability to 

post, retrieve, filter, and analyze realworld events. There are seven reporting 

criteria for JPEN: 

(1) Non-specific threats; 

(2) Surveillance; 

(3) Elicitation; 

(4) Tests of Security; 

(5) Repetitive Activities; 

(6) Bomb Threats/Incidents; and 

(7) Suspicious Activities/Incidents. 

(c) If a written extract from local 

police intelligence files is provided to 

an authorized investigative agency, the 

following will be included on the 

transmittal documents: ‘‘THIS 

DOCUMENT IS PROVIDED FOR 

INFORMATION AND USE. COPIES OF 

THIS DOCUMENT, ENCLOSURES 

THERETO, AND INFORMATION 

THEREFROM, WILL NOT BE FURTHER 

RELEASED WITHOUT THE PRIOR 

APPROVAL OF THE INSTALLATION 

PROVOST MARSHAL.’’

(d) Local police intelligence files may 

be exempt from certain disclosure 

requirements by AR 25–55 and the 

Freedom of Information Act (FOIA).

§ 637.18 Electronic equipment procedures. 

(a) DOD Directive 5505.9 and AR 190–

53 provide policy for the wiretap, 

investigative monitoring and eavesdrop 

activities by DA personnel. The 

recording of telephone communications 

at MP operations desks is considered to 

be a form of command center 

communications monitoring which may 

be conducted to provide an 

uncontroversial record of emergency 

communications. This includes reports 

of emergencies, analysis of reported 

information, records of instructions, 

such as commands issued, warnings 

received, requests for assistance, and 

instructions as to the location of serious 

incidents. 

(b) The following procedures are 

applicable to the recording of 

emergency telephone and/or radio 

communications at MP operations desks 

within the 50 states of the United States, 

the District of Columbia, the 

Commonwealth of Puerto Rico, Panama, 

and Guam. 

(1) All telephones connected to 

recording equipment will be 

conspicuously marked ‘‘FOR OFFICIAL 

USE ONLY—connected to recording 

device’’ and access to use will be 

restricted to MP operations desk 

personnel. 

(2) The connection of voice-recording 

equipment or private-line service with 

the telecommunications network will be 

in accordance with applicable telephone 

company tariffs which permit direct 

electrical connection through telephone 

company recorder-connector 

equipment. An automatic audible-tone 

device is not required. 

(3) Official emergency telephone 

numbers for MP desks will be listed in 

appropriate command, activity, or 

installation telephone directories with a 

statement that emergency conversations 

will be recorded for accuracy of record 

purposes. Other forms of pre-warning 

are not required. 

(4) Recordings, which contain 

conversations described in this section, 

will be retained for a period of 60 days. 

Transcripts may be made for permanent 

files, as appropriate. 

(5) The recording of telephone 

communications or radio transmissions 

by MP personnel for other than 

emergency purposes is prohibited. If an 

investigator requires the use of 

electronic surveillance equipment, 

assistance must be requested from the 

USACIDC. This policy is established 

pursuant to Department of Defense 

directives that limit such activity to the 

criminal investigative organizations of 

the Services and DOD. 

(6) Commanders having general 

courts-martial convening authority will 

issue written authorizations for the 

recording of emergency telephone 

communications at MP operations 

desks. The letter of authorization will 

contain specific authority for the type of 

equipment to be used, the phone 

numbers identified as emergency lines 

and instructions limiting recordings to 

calls received on the phones so 

designated. One copy of the 

authorization will be forwarded to the 

Office of the Provost Marshal General 

(OPMG), 2800 Army Pentagon, 

Washington, D.C. 20310–2800.

§ 637.19 Overseas MP desk. 

The recording of telephone 

communications at MP operations desks 

outside the United States will be 

conducted within restrictions contained 

in international agreements between the 

U.S. and host nations.

§ 637.20 Security surveillance systems. 

Closed circuit video recording 

systems, to include those with an audio 

capability, may be employed for 

security purposes in public places so 

long as notices are conspicuously 

displayed at all entrances, providing 

persons who enter with a clear warning 

that this type of monitoring is being 

conducted.

§ 637.21 Recording interviews and 

interrogations. 

The recording of interviews and 

interrogations by military police 

personnel is authorized, provided the 

interviewee is on notice that the 

testimony or statement is being 

recorded. This procedure is a longaccepted law enforcement procedure, 

not precluded by DA policies pertaining 

to wiretap, investigative monitoring, 

and eavesdrop activities.

[FR Doc. 04–27569 Filed 12–15–04; 8:45 am] 

BILLING CODE 3710–08–U