81 FR 66185 - Sexual Assault Prevention and Response (SAPR) Program
DEPARTMENT OF DEFENSE
Office of the Secretary Federal Register Volume 81, Issue 187 (September 27, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 187 (September 27, 2016)
| Page Range | 66185-66189 | |
| FR Document | 2016-21875 |
[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)] [Rules and Regulations] [Pages 66185-66189] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21875] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 103 [DOD-2008-OS-0124; 0790-AJ40] Sexual Assault Prevention and Response (SAPR) Program AGENCY: Department of Defense. ACTION: Interim final rule; amendment. ----------------------------------------------------------------------- SUMMARY: This rule amends as a final rule published on April 5, 2013 to implement Department of Defense's SAPR Program. The Department seeks to establish a culture free of sexual assault through prevention, education and training, response capability, victim support, reporting procedures, and accountability to enhance the safety and well-being of all persons covered by this regulation. DATES: This rule is effective September 27, 2016. Comments must be received by November 28, 2016. ADDRESSES: You may submit comments, identified by docket number and/or RIN number and title, by any of the following methods:Federal Rulemaking 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, 4800 Mark Center Drive, Mailbox #24, Alexandria, VA 22350-1700. 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: Diana Rangoussis, Senior Policy Advisor, Sexual Assault Prevention and Response Office (SAPRO), 571- 372-2648. SUPPLEMENTARY INFORMATION: Retrospective Review 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. Justification for an Interim Final Rule The Department of Defense is publishing this rule as interim to maintain and enhance the current SAPR program which elucidates the prevention, response, and oversight of sexual assaults involving members of the U.S. Armed Forces and Reserve Component, to include the National Guard. Until this interim final rule is published: --Sexual assault victims do not have the ability to receive individualized legal assistance from a Special Victims Counsel (SVC) and Victims' Legal Counsel (VLC) to help navigate the complex military justice system. Additionally, the SVC/VLC can advise the victim of the ramifications associated with the option (Unrestricted or Restricted) selected. --Military members who are sexually assaulted cannot receive the ability to request an Expedited Transfer as a means to enhance their safety or well-being. --Preemption of state and local laws requiring disclosure of personally identifiable information of the service member (or adult military dependent) victim or alleged perpetrator to state or local law enforcement agencies, unless such reporting is necessary to prevent or mitigate a serious and imminent threat to the health and safety of an individual, as determined by an authorized Department of Defense official, cannot be implemented. Summary of the Major Amendments to the Final Rule This rule amends a final rule published in the Federal Register on April 5, 2013 (78 FR 20443-20451) by incorporating congressional mandates from Section 113 of Title 10, United States Code (U.S.C.), Public Laws 112-81, 113-66, and 114-92. Additionally, these amendments include statutory provisions and policy recommendations from the Secretary of Defense specifiying: CMG Chair inquiries into incidents of retaliation involving the victim, witnesses, bystanders (who intervened), SARC, SAPR VA, or responders; Specialized training for all supervisors (officer, enlisted, civilian) that explain requirement to protect victim from retaliation, reprisal, ostracism, and maltreatment; What constitutes retaliation, reprisal, ostracism, and maltreatment; List of resources available for victims to report instances of retaliation, reprisal, ostracism, or maltreatment. Further policy mandates as stated in the Response System Panel's (RSP) recommendation #61 and subsection 1716 of National Defense Authorization Act Fiscal Year 2014 include the establishment of the requirement that service member victims of sexual assault be informed of the availability of legal assistance and the right to consult with a Special Victim's Counsel (SVC) and Victims' Legal Counsel (VLC). The RSP was a Congressionally mandated independent review body established to review the progress of sexual assault initiatives within the Department of Defense. Additional changes from the April 2013 rule include: Requirement to prescribe training and certification protocol for sexual assault medical forensic examiners in accordance with section 1725 of NDAA FY14. Requirement to notify sexual assault victims to answer ``no'' to Question 21 on Standard Form 86, if consultation with health care professional meets outlined criteria per section 1747 of NDAA FY14. Establishment of a confidential process by which a sexual assault victim may challenge the terms or the characterization of their discharge on the grounds that the terms or characterization were adversely affected by being a sexual assault victim per section 547 of NDAA FY15. Requiring the installation SARC and the installation Family Advocacy Program (FAP) staff to coordinate when a sexual assault occurs as a result of domestic abuse or domestic violence or involves child abuse. Providing SAPR policy guidance and procedures for the National Guard through direction of the Chief, National Guard Board (NGB). Establishing the Expedited Transfer (E.T.) program for service member victims of sexual assault. [[Page 66186]] Background The SAPR program authorities are based on the following: 10 U.S.C. 136 and DoD Directive 5124.02 (available at http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf), where the Under Secretary of Defense for Personnel and Readiness (USD (P&R)) may: --Establish and allocate civilian personnel authorizations of the DoD Components and review and approve military and civilian personnel authorization changes during program execution. --Exercise the authorities of the Secretary of Defense, whenever vested, relating to civilian personnel, whether established by law, regulation, or other actions. 10 U.S.C. 113 which states: --The Secretary of Defense is head of the Department of Defense appointed by the President. --The Secretary of Defense shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense. Public Law 112-81, National Defense Authorization Act for Fiscal Year 2012 which: --Reforms offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice. --Compels production of documentary evidence. Public Law 113-66, National Defense Authorization Act for Fiscal Year 2014 which requires: --Temporary administrative reassignment or removal of alleged offender. --Retention of forms in connection with Restricted Reports for 50 years. --Elevating oversight to senior leadership through an eight-day incident report in response to an Unrestricted Report in which the victim is a member of the Armed Forces. --Discharge or dismissal for certain sex-related offenses and trial of such offenses by general courts-martial. Public Law 114-92, National Defense Authorization Act for Fiscal Year 2016 which: --In cases involving restricted reporting, preempts any State law or regulation requiring disclosure of PII of an adult military victim (or adult military dependent victim) or alleged perpetrator of a sexual assault to a state or local law enforcement agency except when reporting is necessary to prevent or mitigate a serious and imminent threat to the health or safety of an individual. Discussion of Costs and Benefits The Fiscal Year 2015 Operation and Maintenance funding for DoD SAPRO was $24.3 million. There is an additional Congressional allocation of $25.0 million designated for the Special Victims' Counsel program and the Special Victims' Investigation and Prosecution capability reprogrammed to the Military Services and the National Guard Bureau. Additionally, each of the Military Services establishes its own SAPR budget for the programmatic costs arising from the implementation of the training, prevention, reporting, response, and oversight requirements established by this rule. The benefits of these amendments are the following: Preempts state and local laws requiring disclosure of personally identifiable information of the service member (or adult military dependent) victim or alleged perpetrator to state or local law enforcement agencies, unless such reporting is necessary to prevent or mitigate a serious and imminent threat to the health and safety of an individual, as determined by an authorized Department of Defense official. Protects victims of sexual assault from coercion, retaliation, and reprisal in accordance with DoD Directive 7050.06, ``Military Whistleblower Protection'' (available at http://www.dtic.mil/whs/directives/corres/pdf/705006p.pdf). Requires notification to victims of their right to speak to an SVC before providing a statement to a Military Criminal Investigative Office (MCIO) or trial counsel interview. Insures victims are aware of their rights related to speaking with defense counsel by requiring counsel to request the interview through the SVC, or other counsel for the victim as the victim choses. Expands access to SVC to DoD Civilians thus affording them the same legal counseling given to service members. Eliminates the five-year statute of limitations on trial by court-martial for additional offenses involving sex-related crimes. Requires all forms related to the reporting and forensic examination to be retained for 50 years to insure victims access to historical documentation. Includes consultation and assisting victims with complaints against the government, FOIA requests, and correspondence or communications with Congress as discussed in DoD Directive 7050.06 Requires evidence to be retained for 5 years, or until the completion of related proceedings to allow victims the opportunity to proceed forward in the investigative process at their own pace. Elevates oversight to senior leadership by an 8-day incident reporting requirement in response to Unrestricted Report of sexual assault when victim is a military member. Tracks a commanding officer's compliance in conducting organizational climate assessments for purposes of preventing and responding to sexual assaults with all assessments to be completed within 120 days of taking command and annually thereafter. Requires review of information on sex-related offenses in personnel service records of members of the Armed Forces (for members who were not ``convicted'' but received disciplinary action for sexual assault-related act). This will assist in insuring the proper assignment of individuals in those ``positions of special trust and responsibilities'' within the military. Authorizes members of the Reserve Component to be represented by a Special Victims' Counsel, even when the member is not authorized to receive legal assistance, if the member is the victim of an alleged sex-related offense with a nexus to the member's military service. Regulatory Procedures Executive Order 12866, ``Regulatory Planning and Review'' and Executive Order 13563, ``Improving Regulation and Regulatory Review'' It has been determined that this rule is not an economically significant regulatory action. The rule does not: 1. Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a section of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities. 2. Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency. 3. Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof. However, it has been determined that 32 CFR part 103 does raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in these Executive Orders. [[Page 66187]] Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act'' It has been determined that this rule does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601) It has been certified that this rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. This rule provides SAPR Program guidance only. Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35) It has been determined 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 0704-0482 ``Defense Sexual Assault Incident Database. The System of Records Notice for DHRA 06, Defense Sexual Assault Incident Database is available at http://www.thefederalregister.org/fdsys/pkg/FR-2015-11-04/pdf/2015-28081.pdf. The Privacy Impact Assessment (PIA) is available at http://www.dhra.mil/webfiles/docs/Privacy/PIA/DHRA.06.SAPRO.DSAID.7.15.2015.pdf; or http://www.dhra.mil/website/headquarters/info/pia.shtml. Executive Order 13132, ``Federalism'' It has been certified that this rule does have federalism implications, as set forth in Executive Order 13132. This rule does have substantial direct effects on: 1. The States; 2. The relationship between the National Government and the States; or 3. The distribution of power and responsibilities among the various levels of Government. List of Subjects in 32 CFR Part 103 Crime, Health, Military personnel, Reporting and recordkeeping requirements. Accordingly, 32 CFR part 103 is amended to read as follows: PART 103--[AMENDED] 0 1. The authority citation for part 103 is revised to read as follows: Authority: 10 U.S.C. 113; secs. 541 and 542, Pub. L. 112-81, 125 Stat. 1298; secs. 1705, 1713, 1723, and 1743, Pub. L. 113-66, 127 Stat. 672; and sec. 536, Pub. L. 114-92, 129 Stat. 817. 0 2. Amend Sec. 103.1 by: 0 a. Removing paragraph (a)(6) and redesignating paragraphs (a)(7) through (16) as (a)(6) through (15). 0 b. Revising newly redesignated paragraph (a)(14). 0 c. Removing paragraph (a)(17) and redesignating paragraph (a)(18) as (a)(16). 0 e. Redesignating paragraph (a)(19) as (a)(17) and removing ``and'' from the end of newly redesignated paragraph (a)(17). 0 d. Removing paragraph (a)(20). 0 e. Adding paragraphs (a)(18) through (23). The revisions and additions read as follows: Sec. 103.1 Purpose. (a) * * * (14) ``Department of Defense 2014-2016 Sexual Assault Prevention Strategy,'' April 30, 2014. * * * * * (18) Public Law 113-66, ``The National Defense Authorization Act for Fiscal Year 2014,'' December 2013; (19) Public Law 110-417, ``The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009,'' October 14, 2008; (20) DoD Instruction 5545.02, ``DoD Policy for Congressional Authorization and Appropriations Reporting Requirement,'' December 19, 2008; (21) Title 32, United States Code; (22) Public Law 112-81, ``National Defense Authorization Act for Fiscal Year 2012,'' December 31, 2011; and (23) Public Law 114-92, ``National Defense Authorization Act for Fiscal Year 2016'', November 25, 2015. 0 3. Amend Sec. 103.2 by: 0 a. In paragraph (b), removing ``medical'' and adding in its place ``healthcare.'' 0 b. Revising paragraph (c). 0 c. In paragraph (d) introductory text, removing the first occurrence of ``medical'' and adding in its place ``healthcare (medical and mental),'' and removing the two other occurrences in the third and fourth sentences of ``medical'' and adding in their place ``healthcare.'' 0 d. Redesignating paragraph (f) as (g), and adding new paragraph (f). The revision and addition read as follows: Sec. 103.2 Applicability. * * * * * (c) Military dependents 18 years of age and older who are eligible for treatment in the military healthcare system, at installations in the continental United States and outside of the continental United States (OCONUS), and who were victims of sexual assault perpetrated by someone other than a spouse or intimate partner. * * * * * (f) Does not apply to victims of sexual assault perpetrated by a spouse or intimate partner, or military dependents under the age of 18 who are sexually assaulted. The Family Advocacy Program (FAP), as described in DoDI 6400.06, provides the full range of services to victims of domestic abuse or domestic violence, and to military dependents under the age of 18 who are sexually assaulted. * * * * * 0 4. Amend Sec. 103.3 by: 0 a. Revising the definition of ``Consent.'' 0 b. Adding the definitions of ``Family Advocacy Program (FAP),'' ``Healthcare,'' and ``Healthcare provider'' in alphabetical order. 0 c. In the definition of ``Official investigative process,'' removing ``commander or.'' 0 d. Revising the definition of ``Restricted reporting.'' 0 e. Adding the definition of ``Special Victims' Counsel (SVC)'' in alphabetical order. 0 f. In the definition of ``Victim,'' removing ``Program'' and adding in its place ``Option'' in the second sentence. 0 g. Adding the definition of ``Victims' Legal Counsel (VLC)'' in alphabetical order. The revisions and additions read as follows: Sec. 103.3 Definitions. * * * * * Consent. A freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent. A sleeping, unconscious, or incompetent person cannot consent. * * * * * Family Advocacy Program (FAP). A DoD program designated to address child abuse and domestic abuse in military families in cooperation with civilian social service agencies and military and civilian law enforcement agencies. Prevention, advocacy, and intervention services are provided to individuals who are eligible for [[Page 66188]] treatment in military medical treatment facilities. * * * * * Healthcare. Medical (physical) and mental health care. * * * * * Healthcare provider. Those individuals who are employed or assigned as healthcare professionals, or are credentialed to provide healthcare services at a medical treatment facility (MTF), or who provide such care at a deployed location or otherwise in an official capacity. This also includes military personnel, DoD civilian employees, and DoD contractors who provide healthcare at an occupational health clinic for DoD civilian employees or DoD contractor personnel. Healthcare providers may include, but are not limited to: (1) Licensed physicians practicing in the military healthcare system (MHS) with clinical privileges in obstetrics and gynecology, emergency medicine, family practice, internal medicine, pediatrics, urology, general medical officer, undersea medical officer, flight surgeon, psychiatrists, or those having clinical privileges to perform pelvic examinations or treat mental health conditions. (2) Licensed advanced practice registered nurses practicing in the MHS with clinical privileges in adult health, family health, midwifery, women's health, mental health, or those having clinical privileges to perform pelvic examinations. (3) Licensed physician assistants practicing in the MHS with clinical privileges in adult, family, women's health, or those having clinical privileges to perform pelvic examinations. (4) Licensed registered nurses practicing in the MHS who meet the requirements for performing a SAFE as determined by the local privileging authority. This additional capability shall be noted as a competency, not as a credential or privilege. (5) A psychologist, social worker or psychotherapist licensed and privileged to provide mental health care or other counseling services in a DoD or DoD-sponsored facility. * * * * * Restricted reporting. Reporting option that allows sexual assault victims to confidentially disclose the assault to specified individuals (i.e., SARC, SAPR VA, or healthcare personnel), in accordance with 32 CFR 105.3 and 105.8, and receive medical treatment, including emergency care, counseling, and assignment of a SARC and SAPR VA, without triggering an official investigation. The victim's report provided to healthcare personnel (including the information acquired from a SAFE Kit), SARC's, or SAPR VAs at DoD installations will not be reported to law enforcement or to the command to initiate the official investigative process unless the victim consents to such reporting or an established exception applies in accordance with DoDI 6495.02 or as provided for in 32 CFR part 105. The Restricted Reporting Program applies to Service Members and their adult military dependent 18 years of age and older. * * * * * Special Victims' Counsel (SVC). Attorneys who are assigned to provide legal assistance in accordance with section 1716 of Public Law 113-66 and Service regulations. The Air Force, Army, National Guard, and Coast Guard refer to these attorneys as SVC. The Navy and Marine Corps refer to these attorneys as VLC. * * * * * Victims' Legal Counsel (VLC). Attorneys who are assigned to provide legal assistance in accordance with section 1716 of Public Law 113-66 and Service regulations. The Air Force, Army, National Guard, and Coast Guard refer to these attorneys as SVC. The Navy and Marine Corps refer to these attorneys as VLC. 0 5. Amend Sec. 103.4 by: 0 a. In paragraph (i), removing ``comprehensive medical treatment'' and adding in its place ``comprehensive healthcare (medical and mental health) treatment.'' 0 b. In paragraph (j), removing ``medical'' and adding in its place ``health'' in the first sentence. 0 c. In paragraph (k) introductory text, removing ``Complete,'' at the beginning of the second sentence. 0 d. In paragraph (k)(1): 0 i. Removing ``medical treatment'' and adding in its place ``healthcare'' in the first sentence. 0 ii. Removing ``medical'' and adding in its place ``health'' in the second sentence. 0 e. In paragraph (k)(2) introductory text: 0 i. Removing ``medical'' and adding in its place ``healthcare'' in the first sentence. 0 ii. Adding ``, state laws, or federal regulations'' at the end of second sentence. 0 iii. Removing ``medical care'' and adding in its place ``healthcare'' in the last sentence. 0 f. In paragraph (k)(2)(i), removing ``Program'' and adding in its place ``option'' in the first sentence. 0 g. In paragraph (k)(2)(ii), removing ``complete'' in the fourth sentence. 0 h. In paragraph (k)(2)(v), revising the third sentence. 0 i. Adding paragraph (n). The revisions and additions read as follows: Sec. 103.4 Policy. * * * * * (k) * * * (2) * * * (v) * * * Improper disclosure of confidential communications protected under Restricted Reporting, improper release of healthcare information, and other violations of this policy or other laws and regulations are prohibited and may result in discipline pursuant to the UCMJ, or other adverse personnel or administrative actions. * * * * * (n) Victims must be informed of the availability of legal assistance and the right to consult with a Special Victims' Counsel (SVC)/Victims' Legal Counsel (VLC) in accordance with section 1716 of the National Defense Authorization Act for Fiscal Year 2014 (Pub. L. 113-66). 0 6. Amend Sec. 103.5 by: 0 a. In paragraph (a)(1), adding ``, and the Staff Judge Advocate to the Commandant of the Marine Corps'' after ``Military Departments.'' 0 b. Revising paragraph (a)(6) introductory text. 0 c. In paragraph (a)(6)(i), adding ``, and the Staff Judge Advocate to the Commandant of the Marine Corps'' after ``Military Departments.'' 0 d. In paragraph (a)(6)(iii), adding ``, and the Staff Judge Advocate to the Commandant of the Marine Corps'' after ``Military Departments.'' 0 e. Adding paragraph (a)(6)(vi). 0 f. Revising paragraph (f)(5). 0 g. In paragraph (f)(6), removing ``medical treatment'' and adding in its place ``healthcare.'' 0 h. Revising paragraph (f)(12). 0 i. In paragraph (f)(16), adding ``the requirements in'' after ``accordance with.'' 0 j. Redesignating paragraphs (f)(17) through (19) as (f)(18) through (20), and adding a new paragraph (f)(17). 0 k. Redesignating paragraphs (g), (h), and (i) as (h), (i), and (j), and adding a new paragraph (g). 0 l. In newly redesignated paragraph (i)(2), removing ``medical'' and adding in its place ``healthcare.'' 0 m. In newly redesignated paragraph (i)(5), removing ``medical treatment'' and adding in its place ``that healthcare.'' 0 n. Adding paragraph (i)(12). [[Page 66189]] The revisions and additions read as follows: Sec. 103.5 Responsibilities. (a) * * * (6) Oversee the DoD Sexual Assault Prevention and Response Office (SAPRO). Serving as the DoD single point of authority, accountability, and oversight for the SAPR program, SAPRO provides recommendations to the USD(P&R) on the issue of DoD sexual assault policy matters on prevention, response, and oversight. The SAPRO Director will be appointed from among general or flag officers of the Military Services or DoD employees in a comparable Senior Executive Service position in accordance with Public Law 112-81 . The SAPRO Director is responsible for: * * * * * (vi) Overseeing development of strategic program guidance and joint planning objectives for resources in support of the SAPR Program, and making recommendations on modifications to policy, law, and regulations needed to ensure the continuing availability of such resources (Pub. L. 113-66). * * * * * (f) * * * (5) Align Service prevention strategies with the DoD Sexual Assault Prevention Strategy. * * * * * (12) Submit required data to DSAID. Require confirmation that a multi-disciplinary case management group (CMG) tracks each open Unrestricted Report, is chaired by the installation commander (or the deputy installation commander), and that CMG meetings are held monthly for reviewing all Unrestricted Reports of sexual assaults in accordance with DoD Instruction 6495.02. * * * * * (17) Require the installation SARC and the installation FAP staff to coordinate together when a sexual assault occurs as a result of domestic abuse or domestic violence or involves child abuse to ensure the victim is directed to FAP. * * * * * (g) On behalf and with the approval of the Secretaries of the Army and Air Force, and in coordination with DoD SAPRO and the State Adjutants General, the Chief, NGB establishes and implements SAPR policy and procedures for National Guard members on duty pursuant to Title 32, U.S.C. * * * * * (i) * * * (12) Establish guidance for when an Expedited Transfer has been requested in accordance with DoD Instruction 6495.02. * * * * * Dated: September 7, 2016. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2016-21875 Filed 9-26-16; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Rules and Regulations 66185
3578; Sec. 5 of Pub. L. 109–472, 120 Stat. received without change, including any 81, 113–66, and 114–92. Additionally,
3554; Pub. L. 108–447, Div. B, Title IV, Dec. personal identifiers or contact these amendments include statutory
8, 2004, 118 Stat. 2809; Pub. L. 108–458, 118 information. provisions and policy recommendations
Stat. 3638, 3823 (Dec. 17, 2004). from the Secretary of Defense
FOR FURTHER INFORMATION CONTACT:
§ 51.60 [Amended] Diana Rangoussis, Senior Policy specifiying:
Advisor, Sexual Assault Prevention and • CMG Chair inquiries into incidents
■ 2. Amend § 51.60 in paragraphs (a)(4) of retaliation involving the victim,
and (g) by removing ‘‘42 U.S.C. 16935a’’ Response Office (SAPRO), 571–372–
2648. witnesses, bystanders (who intervened),
and adding in its place ‘‘22 U.S.C. SARC, SAPR VA, or responders;
212b(c)(1)’’. SUPPLEMENTARY INFORMATION: • Specialized training for all
Dated: September 20, 2016. Retrospective Review supervisors (officer, enlisted, civilian)
Michele Thoren Bond, that explain requirement to protect
This rule will be reported in future victim from retaliation, reprisal,
Assistant Secretary Bureau of Consular
status updates as part of DoD’s ostracism, and maltreatment;
Affairs, Department of State.
retrospective plan under Executive • What constitutes retaliation,
[FR Doc. 2016–23283 Filed 9–26–16; 8:45 am]
Order 13563 completed in August 2011. reprisal, ostracism, and maltreatment;
BILLING CODE 4710–06–P
DoD’s full plan can be accessed at: • List of resources available for
http://www.regulations.gov/ victims to report instances of retaliation,
#!docketDetail;D=DOD-2011-OS-0036. reprisal, ostracism, or maltreatment.
DEPARTMENT OF DEFENSE • Further policy mandates as stated
Justification for an Interim Final Rule
Office of the Secretary in the Response System Panel’s (RSP)
The Department of Defense is recommendation #61 and subsection
publishing this rule as interim to 1716 of National Defense Authorization
32 CFR Part 103 maintain and enhance the current SAPR Act Fiscal Year 2014 include the
[DOD–2008–OS–0124; 0790–AJ40] program which elucidates the establishment of the requirement that
prevention, response, and oversight of service member victims of sexual
Sexual Assault Prevention and sexual assaults involving members of assault be informed of the availability of
Response (SAPR) Program the U.S. Armed Forces and Reserve legal assistance and the right to consult
Component, to include the National with a Special Victim’s Counsel (SVC)
AGENCY: Department of Defense. Guard. and Victims’ Legal Counsel (VLC). The
ACTION: Interim final rule; amendment. Until this interim final rule is RSP was a Congressionally mandated
published: independent review body established to
SUMMARY: This rule amends as a final
rule published on April 5, 2013 to —Sexual assault victims do not have the review the progress of sexual assault
implement Department of Defense’s ability to receive individualized legal initiatives within the Department of
SAPR Program. The Department seeks to assistance from a Special Victims Defense.
establish a culture free of sexual assault Counsel (SVC) and Victims’ Legal Additional changes from the April
through prevention, education and Counsel (VLC) to help navigate the 2013 rule include:
training, response capability, victim complex military justice system. • Requirement to prescribe training
support, reporting procedures, and Additionally, the SVC/VLC can advise and certification protocol for sexual
accountability to enhance the safety and the victim of the ramifications assault medical forensic examiners in
well-being of all persons covered by this associated with the option accordance with section 1725 of NDAA
regulation. (Unrestricted or Restricted) selected. FY14.
—Military members who are sexually • Requirement to notify sexual
DATES: This rule is effective September
assaulted cannot receive the ability to assault victims to answer ‘‘no’’ to
27, 2016. Comments must be received request an Expedited Transfer as a Question 21 on Standard Form 86, if
by November 28, 2016. means to enhance their safety or well- consultation with health care
ADDRESSES: You may submit comments, being. professional meets outlined criteria per
identified by docket number and/or RIN —Preemption of state and local laws section 1747 of NDAA FY14.
number and title, by any of the requiring disclosure of personally • Establishment of a confidential
following methods: identifiable information of the service process by which a sexual assault victim
• Federal Rulemaking Portal: http:// member (or adult military dependent) may challenge the terms or the
www.regulations.gov. Follow the victim or alleged perpetrator to state characterization of their discharge on
instructions for submitting comments. or local law enforcement agencies, the grounds that the terms or
• Mail: Department of Defense, Office unless such reporting is necessary to characterization were adversely affected
of the Deputy Chief Management prevent or mitigate a serious and by being a sexual assault victim per
Officer, Directorate of Oversight and imminent threat to the health and section 547 of NDAA FY15.
Compliance, 4800 Mark Center Drive, safety of an individual, as determined • Requiring the installation SARC
Mailbox #24, Alexandria, VA 22350– by an authorized Department of and the installation Family Advocacy
1700. Defense official, cannot be Program (FAP) staff to coordinate when
Instructions: All submissions received implemented. a sexual assault occurs as a result of
must include the agency name and domestic abuse or domestic violence or
asabaliauskas on DSK3SPTVN1PROD with RULES
docket number or Regulatory Summary of the Major Amendments to
involves child abuse.
Information Number (RIN) for this the Final Rule • Providing SAPR policy guidance
Federal Register document. The general This rule amends a final rule and procedures for the National Guard
policy for comments and other published in the Federal Register on through direction of the Chief, National
submissions from members of the public April 5, 2013 (78 FR 20443–20451) by Guard Board (NGB).
is to make these submissions available incorporating congressional mandates • Establishing the Expedited Transfer
for public viewing on the Internet at from Section 113 of Title 10, United (E.T.) program for service member
http://www.regulations.gov as they are States Code (U.S.C.), Public Laws 112– victims of sexual assault.
VerDate Sep<11>2014 16:16 Sep 26, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\27SER1.SGM 27SER1](https://thefederalregister.org/doc/81_FR_66372/page/1.svg)
![Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Rules and Regulations 66187
Sec. 202, Public Law 104–4, ‘‘Unfunded ■ a. Removing paragraph (a)(6) and sexual assault perpetrated by someone
Mandates Reform Act’’ redesignating paragraphs (a)(7) through other than a spouse or intimate partner.
It has been determined that this rule (16) as (a)(6) through (15). * * * * *
■ b. Revising newly redesignated (f) Does not apply to victims of sexual
does not contain a Federal mandate that
may result in the expenditure by State, paragraph (a)(14). assault perpetrated by a spouse or
■ c. Removing paragraph (a)(17) and intimate partner, or military dependents
local and tribal governments, in
aggregate, or by the private sector, of redesignating paragraph (a)(18) as under the age of 18 who are sexually
$100 million or more in any one year. (a)(16). assaulted. The Family Advocacy
■ e. Redesignating paragraph (a)(19) as
Program (FAP), as described in DoDI
Public Law 96–354, ‘‘Regulatory (a)(17) and removing ‘‘and’’ from the 6400.06, provides the full range of
Flexibility Act’’ (5 U.S.C. 601) end of newly redesignated paragraph services to victims of domestic abuse or
It has been certified that this rule is (a)(17). domestic violence, and to military
not subject to the Regulatory Flexibility ■ d. Removing paragraph (a)(20).
dependents under the age of 18 who are
■ e. Adding paragraphs (a)(18) through
Act (5 U.S.C. 601) because it would not, sexually assaulted.
if promulgated, have a significant (23).
The revisions and additions read as * * * * *
economic impact on a substantial
follows: ■ 4. Amend § 103.3 by:
number of small entities. This rule
■ a. Revising the definition of
provides SAPR Program guidance only. § 103.1 Purpose. ‘‘Consent.’’
Public Law 96–511, ‘‘Paperwork (a) * * * ■ b. Adding the definitions of ‘‘Family
Reduction Act’’ (44 U.S.C. Chapter 35) (14) ‘‘Department of Defense 2014– Advocacy Program (FAP),’’
2016 Sexual Assault Prevention ‘‘Healthcare,’’ and ‘‘Healthcare
It has been determined that this rule
Strategy,’’ April 30, 2014. provider’’ in alphabetical order.
does impose reporting or recordkeeping
requirements under the Paperwork * * * * * ■ c. In the definition of ‘‘Official
Reduction Act of 1995. OMB has (18) Public Law 113–66, ‘‘The investigative process,’’ removing
approved these requirements under National Defense Authorization Act for ‘‘commander or.’’
OMB Control Number 0704–0482 Fiscal Year 2014,’’ December 2013; ■ d. Revising the definition of
‘‘Defense Sexual Assault Incident (19) Public Law 110–417, ‘‘The ‘‘Restricted reporting.’’
Database. The System of Records Notice Duncan Hunter National Defense ■ e. Adding the definition of ‘‘Special
for DHRA 06, Defense Sexual Assault Authorization Act for Fiscal Year 2009,’’ Victims’ Counsel (SVC)’’ in alphabetical
Incident Database is available at http:// October 14, 2008; order.
www.gpo.gov/fdsys/pkg/FR-2015-11-04/ (20) DoD Instruction 5545.02, ‘‘DoD ■ f. In the definition of ‘‘Victim,’’
pdf/2015-28081.pdf. The Privacy Impact Policy for Congressional Authorization removing ‘‘Program’’ and adding in its
Assessment (PIA) is available at http:// and Appropriations Reporting place ‘‘Option’’ in the second sentence.
www.dhra.mil/webfiles/docs/Privacy/ Requirement,’’ December 19, 2008;
■ g. Adding the definition of ‘‘Victims’
(21) Title 32, United States Code;
PIA/DHRA.06.SAPRO.DSAID.7.15.2015. Legal Counsel (VLC)’’ in alphabetical
(22) Public Law 112–81, ‘‘National
pdf; or http://www.dhra.mil/website/ order.
Defense Authorization Act for Fiscal
headquarters/info/pia.shtml. The revisions and additions read as
Year 2012,’’ December 31, 2011; and
Executive Order 13132, ‘‘Federalism’’ (23) Public Law 114–92, ‘‘National follows:
It has been certified that this rule does Defense Authorization Act for Fiscal § 103.3 Definitions.
have federalism implications, as set Year 2016’’, November 25, 2015.
* * * * *
forth in Executive Order 13132. This ■ 3. Amend § 103.2 by:
Consent. A freely given agreement to
rule does have substantial direct effects ■ a. In paragraph (b), removing
the conduct at issue by a competent
on: ‘‘medical’’ and adding in its place person. An expression of lack of consent
1. The States; ‘‘healthcare.’’ through words or conduct means there
2. The relationship between the ■ b. Revising paragraph (c).
is no consent. Lack of verbal or physical
National Government and the States; or ■ c. In paragraph (d) introductory text,
resistance or submission resulting from
3. The distribution of power and removing the first occurrence of
the use of force, threat of force, or
responsibilities among the various ‘‘medical’’ and adding in its place
placing another person in fear does not
levels of Government. ‘‘healthcare (medical and mental),’’ and
constitute consent. A current or
removing the two other occurrences in
List of Subjects in 32 CFR Part 103 previous dating or social or sexual
the third and fourth sentences of
relationship by itself or the manner of
Crime, Health, Military personnel, ‘‘medical’’ and adding in their place
dress of the person involved with the
Reporting and recordkeeping ‘‘healthcare.’’
accused in the conduct at issue shall not
requirements. ■ d. Redesignating paragraph (f) as (g),
constitute consent. A sleeping,
Accordingly, 32 CFR part 103 is and adding new paragraph (f).
unconscious, or incompetent person
amended to read as follows: The revision and addition read as
cannot consent.
follows:
PART 103—[AMENDED] * * * * *
§ 103.2 Applicability. Family Advocacy Program (FAP). A
asabaliauskas on DSK3SPTVN1PROD with RULES
■ 1. The authority citation for part 103 * * * * * DoD program designated to address
is revised to read as follows: (c) Military dependents 18 years of child abuse and domestic abuse in
Authority: 10 U.S.C. 113; secs. 541 and age and older who are eligible for military families in cooperation with
542, Pub. L. 112–81, 125 Stat. 1298; secs. treatment in the military healthcare civilian social service agencies and
1705, 1713, 1723, and 1743, Pub. L. 113–66, system, at installations in the military and civilian law enforcement
127 Stat. 672; and sec. 536, Pub. L. 114–92, continental United States and outside of agencies. Prevention, advocacy, and
129 Stat. 817. the continental United States intervention services are provided to
■ 2. Amend § 103.1 by: (OCONUS), and who were victims of individuals who are eligible for
VerDate Sep<11>2014 16:16 Sep 26, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\27SER1.SGM 27SER1](https://thefederalregister.org/doc/81_FR_66372/page/3.svg)
![Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Rules and Regulations 66189
The revisions and additions read as (12) Establish guidance for when an e.g., Confidential Business Information
follows: Expedited Transfer has been requested or other information whose disclosure is
in accordance with DoD Instruction restricted by statute. Certain other
§ 103.5 Responsibilities. 6495.02. material, such as copyrighted material,
(a) * * * * * * * * is not placed on the Internet and will be
(6) Oversee the DoD Sexual Assault publicly available only in hard copy
Prevention and Response Office Dated: September 7, 2016.
Patricia L. Toppings, form. Publicly available docket
(SAPRO). Serving as the DoD single materials are available electronically
point of authority, accountability, and OSD Federal Register Liaison Officer,
Department of Defense. through http://www.regulations.gov.
oversight for the SAPR program, SAPRO
provides recommendations to the [FR Doc. 2016–21875 Filed 9–26–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms.
USD(P&R) on the issue of DoD sexual BILLING CODE 5001–06–P Gobeail McKinley, Office of Air Quality
assault policy matters on prevention, Planning and Standards (C504–04), U.S.
response, and oversight. The SAPRO EPA, Research Triangle Park, North
Director will be appointed from among ENVIRONMENTAL PROTECTION Carolina 27709, telephone number (919)
general or flag officers of the Military AGENCY 541–5246, email: mckinley.gobeail@
Services or DoD employees in a epa.gov.
comparable Senior Executive Service 40 CFR Part 52
position in accordance with Public Law [EPA–HQ–OAR–2016–0509; FRL–9952–97– SUPPLEMENTARY INFORMATION
112–81 . The SAPRO Director is OAR]
I. Background and Legal Requirements
responsible for:
Extension of Deadline for Action on for Interstate Air Pollution
* * * * *
(vi) Overseeing development of the August 2016 Section 126 Petition This is a procedural action to extend
strategic program guidance and joint From Delaware
the deadline for the EPA to respond to
planning objectives for resources in AGENCY: Environmental Protection a petition from the state of Delaware
support of the SAPR Program, and Agency (EPA). filed pursuant to CAA section 126(b).
making recommendations on ACTION: Final rule. The EPA received the petition on
modifications to policy, law, and August 8, 2016. The petition requests
regulations needed to ensure the SUMMARY: In this action, the that the EPA make a finding under
continuing availability of such resources Environmental Protection Agency (EPA) section 126(b) of the CAA that the
(Pub. L. 113–66). is determining that 60 days is Harrison Power Station, located near
* * * * * insufficient time to complete the Haywood, Harrison County, West
(f) * * * technical and other analyses and public
Virginia, is operating in a manner that
(5) Align Service prevention strategies notice-and-comment process required
emits air pollutants in violation of the
with the DoD Sexual Assault Prevention for our review of a petition submitted by
provisions of section 110(a)(2)(D)(i)(I) of
Strategy. the state of Delaware pursuant to section
126 of the Clean Air Act (CAA). The the CAA with respect to the 2008 and
* * * * * petition requests that the EPA make a 2015 ozone NAAQS.
(12) Submit required data to DSAID. finding that Harrison Power Station, Section 126(b) of the CAA authorizes
Require confirmation that a multi- located near Haywood, Harrison states to petition the EPA to find that a
disciplinary case management group County, West Virginia, emits air major source or group of stationary
(CMG) tracks each open Unrestricted pollution that significantly contributes sources in upwind states emits or would
Report, is chaired by the installation to nonattainment and interferes with emit any air pollutant in violation of the
commander (or the deputy installation maintenance of the 2008 and 2015 prohibition of CAA section
commander), and that CMG meetings ozone national ambient air quality 110(a)(2)(D)(i) 1 by contributing
are held monthly for reviewing all standards (NAAQS) in the state of significantly to nonattainment or
Unrestricted Reports of sexual assaults Delaware. Under section 307(d)(10) of
in accordance with DoD Instruction maintenance problems in downwind
CAA, the EPA is authorized to grant a states. Section 110(a)(2)(D)(i)(I) of the
6495.02. time extension for responding to a CAA prohibits emissions of any air
* * * * * petition if the EPA determines that the pollutant in amounts which will
(17) Require the installation SARC extension is necessary to afford the contribute significantly to
and the installation FAP staff to public, and the agency, adequate nonattainment in, or interfere with
coordinate together when a sexual opportunity to carry out the purposes of maintenance by, any other state with
assault occurs as a result of domestic the section 307(d) notice-and-comment
abuse or domestic violence or involves respect to any NAAQS. The petition
rulemaking requirements. By this asserts that emissions from Harrison
child abuse to ensure the victim is action, the EPA is making that
directed to FAP. Power Station’s three electric generating
determination. The EPA is therefore units emit air pollutants in violation of
* * * * * extending the deadline for acting on the
CAA section 110(a)(2)(D)(i)(I) with
(g) On behalf and with the approval petition to no later than April 7, 2017.
respect to the 2008 8-hour ozone
of the Secretaries of the Army and Air DATES: This final rule is effective on
NAAQS, set at 0.075 parts per million
asabaliauskas on DSK3SPTVN1PROD with RULES
Force, and in coordination with DoD September 27, 2016.
SAPRO and the State Adjutants General, ADDRESSES: The EPA has established a 1 The text of CAA section 126 codified in the
the Chief, NGB establishes and docket for this action under Docket ID United States Code cross references CAA section
implements SAPR policy and No. EPA–HQ–OAR–2016–0509. All 110(a)(2)(D)(ii) instead of CAA section
procedures for National Guard members documents in the docket are listed on 110(a)(2)(D)(i). The courts have confirmed that this
on duty pursuant to Title 32, U.S.C. is a scrivener’s error and the correct cross reference
the http://www.regulations.gov Web is to CAA section 110(a)(2)(D)(i). See Appalachian
* * * * * site. Although listed in the index, some Power Co. v. EPA, 249 F.3d 1032, 1040–44 (D.C. Cir.
(i) * * * information is not publicly available, 2001).
VerDate Sep<11>2014 16:16 Sep 26, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\27SER1.SGM 27SER1](https://thefederalregister.org/doc/81_FR_66372/page/5.svg)
Document Created: 2016-09-27 01:19:01
Document Modified: 2016-09-27 01:19:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule; amendment. | |
| Dates | This rule is effective September 27, 2016. Comments must be received by November 28, 2016. | |
| Contact | Diana Rangoussis, Senior Policy Advisor, Sexual Assault Prevention and Response Office (SAPRO), 571- 372-2648. | |
| FR Citation | 81 FR 66185 | |
| CFR Associated | Crime; Health; Military Personnel and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR