Family Advocacy Command Assistance Team (FACAT), 25675-25678 [2014-10343]
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Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Rules and Regulations
§ 4022.62
Estimated guaranteed benefit.
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(c) * * *
(2) * * *
(i) * * * ‘‘New benefits’’ also result
from increases that become payable by
reason of the occurrence of an
unpredictable contingent event
(provided the event occurred after July
26, 2005), to the extent the increase
would not be payable but for the
occurrence of the event; in the case of
such new benefits, the date of the
occurrence of the unpredictable
contingent event is treated as the
amendment date for purposes of Table
I. * * *
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Issued in Washington, DC, this 30th day of
April 2014.
Joshua Gotbaum,
Director, Pension Benefit Guaranty
Corporation.
[FR Doc. 2014–10357 Filed 5–5–14; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 60
[Docket ID: DOD–2008–OS–0128]
RIN 0790–AI40
Family Advocacy Command
Assistance Team (FACAT)
Office of the Under Secretary of
Defense for Personnel and Readiness,
DoD.
ACTION: Final rule.
AGENCY:
This final rule updates
Department of Defense (DoD) policy and
responsibilities and prescribes
procedures for the implementation and
use of the FACAT in accordance with 10
U.S.C. 1794. It is DoD policy to provide
a safe and secure environment for DoD
personnel and their families by
promoting the prevention, early
identification, and intervention in all
allegations of child abuse and neglect.
DATES: Effective Date: This rule is
effective June 5, 2014.
FOR FURTHER INFORMATION CONTACT:
Mary Campise, 571–372–5346.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Executive Summary
I. Purpose of the Regulatory Action
To establish DoD policy, assign
responsibilities, and prescribe
procedures for implementation and use
of the multi-disciplinary Family
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Advocacy Command Assistant Team to
respond to allegations of child sexual
abuse in DoD-sanctioned childcare and
youth activities.
a. The need for the regulatory action
and how the action will meet that need.
Child sexual abuse allegations in DoD
sponsored childcare and youth activities
require a coordinated community
response between law enforcement,
child protection agencies, and the
setting from which the allegation arose.
Local teams who may not be sufficiently
resourced to conduct large scale
investigations and coordinate an
effective multi-level response can
request the deployment and support of
the FACAT to foster cooperation among
the DoD, other Federal agencies, and
responsible civilian authorities when
addressing allegations of child sexual
abuse in DoD-sanctioned activities;
promote timely and comprehensive
reporting of all allegations; and actively
seek prosecution of alleged perpetrators
to the fullest extent of the law.
b. Statement of legal authority for the
regulatory action.
Section 1794 of title 10, United States
Code (U.S.C.) requires the Secretary of
Defense to maintain a special task force
to respond to allegations of widespread
child abuse at a military installation.
The task force shall be composed of
personnel from appropriate disciplines,
including, medicine, psychology, and
child development. This task force will
provide assistance to the commander of
the installation, and to parents at the
installation, to effectively deal with the
allegations.
II. Summary of the Major Provisions of
the Regulatory Action in Question
a. This regulatory action establishes a
DoD multi-disciplinary Family
Advocacy Command Assistant Team
(FACAT) to support local installation
personnel in responding to extrafamilial
child sexual abuse allegations in DoD
sanctioned childcare and youth
activities.
b. The deployment of the FACAT
provides a coordinated and
comprehensive DoD response to assist
the Military Department upon DoD
Component request to address
allegations when local resources are
limited.
c. The goal of the FACAT is to foster
cooperation among the DoD, other
Federal agencies, and responsible
civilian authorities when addressing
allegations of extrafamilial child sexual
abuse in DoD-sanctioned activities, to
ensure the timely and comprehensive
reporting of all incidents to the
appropriate authorities, and to seek
prosecution of alleged perpetrators to
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the fullest extent of the law when
appropriate.
III. Costs and Benefits
The benefit to the Department and to
the public is to provide safe and secure
environments for children of DoD
personnel and their families by
promoting a coordinated community
response to allegations of child sexual
abuse arising in DoD sponsored
childcare and youth activities settings.
The deployment of the FACAT to
support local communities ensures that
alleged offenders are identified,
assessed, investigated, and prosecuted
to the full extent of the law. Further, the
multidisciplinary and well-coordinated
approach promotes the identification of
all potential child victims and provides
a safe and secure setting for these
children to be interviewed, assessed,
and supported. Per Section 1794 of Title
10, United States Code, this rule has an
internal reporting requirement that will
cost the Department of Defense $600
annually. Costs for this program include
salaries of government employees,
training costs of approximately $30,000
every three years, and up to $15,000 to
deploy a FACAT of five team members
per response. There were no FACATs
deployed in FY 2011, and there was one
FACAT deployed in FY 2010. The cost
of the FY 2010 deployment was
approximately $7,500.
Public Comments
On Friday, April 26, 2013 (78 FR
24694–24697), the Department of
Defense published a proposed rule
requesting public comment. No
comments were received on the
proposed rule and no changes have been
made in the final rule.
Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
It has been certified that 32 CFR part
60 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; or
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(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in these Executive Orders.
Sec. 202, Pub. L. 104–4, ‘‘Unfunded
Mandates Reform Act’’
It has been certified that 32 CFR part
60 does not contain a Federal mandate
that may result in 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 32 CFR part
60 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.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
60 does not impose reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995.
Executive Order 13132, ‘‘Federalism’’
It has been certified that 32 CFR part
60 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not
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 60
Child abuse, Family health.
Accordingly 32 CFR part 60 is added
to read as follows:
■
PART 60—FAMILY ADVOCACY
COMMAND ASSISTANCE TEAM
(FACAT)
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Sec.
60.1
60.2
60.3
60.4
60.5
60.6
Purpose.
Applicability.
Definitions.
Policy.
Responsibilities.
Procedures.
Authority: 10 U.S.C. 1794; 42 U.S.C.
13031.
§ 60.1
Purpose.
This part establishes policy, assigns
responsibilities, and prescribes
procedures for implementation and use
of the FACAT in accordance with 10
U.S.C. 1794.
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§ 60.2
Applicability.
(a) This part applies to Office of the
Secretary of Defense (OSD), the Military
Departments, the Office of the Chairman
of the Joint Chiefs of Staff and the Joint
Staff, the Combatant Commands, the
Office of the Inspector General of the
Department of Defense, the Defense
Agencies, the DoD Field Activities and
all other organizational entities in the
DoD (hereinafter referred to collectively
as the ‘‘DoD Components’’).
(b) The term ‘‘Military Services,’’ as
used herein, refers to the Army, Navy,
Air Force, and Marine Corps.
§ 60.3
Definitions.
Unless otherwise noted, these terms
and their definitions are for the purpose
of this part.
Child. An unmarried person under 18
years of age for whom a parent,
guardian, foster parent, caregiver,
employee of a residential facility, or any
staff person providing out-of-home care
is legally responsible. The term ‘‘child’’
means a biological child, adopted child,
stepchild, foster child, or ward. The
term also includes a sponsor’s family
member (except the sponsor’s spouse) of
any age who is incapable of self-support
because of a mental or physical
incapacity, and for whom treatment in
a DoD medical treatment program is
authorized.
Child abuse. The physical or sexual
abuse, emotional abuse, or neglect of a
child by a parent, guardian, foster
parent, or by a caregiver, whether the
caregiver is intrafamilial or
extrafamilial, under circumstances
indicating the child’s welfare is harmed
or threatened. Such acts by a sibling,
other family member, or other person
shall be deemed to be child abuse only
when the individual is providing care
under express or implied agreement
with the parent, guardian, or foster
parent.
Child sexual abuse. The employment,
use, persuasion, inducement,
enticement, or coercion of any child to
engage in, or assist any other person to
engage in, any sexually explicit conduct
or simulation of such conduct for the
purpose of producing a visual depiction
of such conduct; or the rape, and in
cases of caretaker or inter-familial
relationships, statutory rape,
molestation, prostitution, or other form
of sexual exploitation of children, or
incest with children.
DoD-sanctioned activity. A U.S.
Government activity or a
nongovernmental activity authorized by
appropriate DoD officials to perform
child care or supervisory functions on
DoD controlled property. The care and
supervision of children may be either its
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primary mission or incidental in
carrying out another mission (e.g.,
medical care). Examples include Child
Development Centers, Department of
Defense Dependents Schools, Youth
Activities, School Age/Latch Key
Programs, Family Day Care providers,
and child care activities that may be
conducted as a part of a chaplain’s
program or as part of another Morale,
Welfare, or Recreation Program.
FACAT. A multidisciplinary team
composed of specially trained and
experienced individuals who are on-call
to provide advice and assistance on
cases of child sexual abuse that involve
DoD-sanctioned activities.
Family Advocacy Program Director
(FAPD). An individual designated by
the Secretary of the Military Department
or the head of another DoD Component
to manage, monitor, and coordinate the
FAP at the headquarters level.
Family Advocacy Program Manager
(FAPM). An individual designated by
the Secretary of the Military Department
to manage, monitor, and coordinate the
FAP at the headquarters level.
Military criminal investigative
organization (MCIO). U.S. Army
Criminal Investigation Command, Naval
Criminal Investigative Service, and Air
Force Office of Special Investigations.
Out-of-home care. The responsibility
of care for and/or supervision of a child
in a setting outside the child’s home by
an individual placed in a caretaker role
sanctioned by a DoD Component or
authorized by a DoD Component as a
provider of care. Examples include a
child development center, school,
recreation program, family child care,
and child care activities that may be
conducted as a part of a chaplain’s
program or as part of another morale,
welfare, or recreation program.
§ 60.4
Policy.
It is DoD policy to:
(a) Provide a safe and secure
environment for DoD personnel and
their families by promoting the
prevention, early identification, and
intervention in all allegations of child
abuse and neglect in accordance with
DoD Directive 6400.1, ‘‘Family
Advocacy Program (FAP)’’ (see https://
www.dtic.mil/whs/directives/corres/pdf/
640001p.pdf).
(b) Promote early identification and
intervention in allegations of
extrafamilial child sexual abuse in
accordance with DoD Directive 6400.1
as it applies to DoD-sanctioned
activities.
(c) Provide a coordinated and
comprehensive DoD response through
the deployment of the FACAT to assist
the Military Department upon DoD
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Component request to address
allegations of extrafamilial child sexual
abuse in DoD-sanctioned activities.
(d) Foster cooperation among the
DoD, other Federal agencies, and
responsible civilian authorities when
addressing allegations of extrafamilial
child sexual abuse in DoD-sanctioned
activities.
(e) Promote timely and
comprehensive reporting of all incidents
covered by this part.
(f) As appropriate, actively seek
prosecution of alleged perpetrators to
the fullest extent of the law.
(g) Ensure that personally identifiable
information, to include protected health
information collected, used, and
released by covered entities in the
execution of this part is protected as
required by DoD 6025.18–R, ‘‘DoD
Health Information Privacy Regulation’’
(see https://www.dtic.mil/whs/directives/
corres/pdf/602518r.pdf) and 5 U.S.C.
552a as implemented in the Department
of Defense by 32 CFR part 310.
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§ 60.5
Responsibilities.
(a) The Deputy Assistant Secretary of
Defense for Military Community and
Family Policy (DASD(MC&FP)), under
the authority, direction, and control of
the Assistant Secretary of Defense for
Readiness and Force Management, shall:
(1) Monitor compliance with this part.
(2) Train, maintain, and support a
team of full-time or permanent part-time
federal officers or employees from
various disciplines to comprise the
FACAT and respond to child sexual
abuse in DoD-sanctioned activities.
(3) Develop and coordinate criteria for
determining the appropriate
professional disciplines, support staff,
and the required capabilities of FACAT
members.
(4) Ensure that policies and guidelines
on activation and use of the FACAT are
shared and coordinated with the DoD
Components.
(5) Program, budget, and allocate
funds for the FACAT.
(6) Appoint the chief of the FACAT
and team members, and provide
required logistical support when the
FACAT is deployed.
(7) Coordinate the management and
interaction of this effort with other
Federal and civilian agencies as
necessary.
(8) Foster general awareness of
FACAT goals and responsibilities.
(b) The Secretaries of the Military
Departments shall:
(1) Ensure compliance with this part
throughout their respective
Departments.
(2) Establish departmental procedures
to implement with this part.
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(3) Designate nominees for the
FACAT upon request and ensure
replacements are nominated when
vacancies are indicated.
(4) Ensure that commanders and staff
are aware of the availability and proper
use of the FACAT and the procedures
for requesting a FACAT to assist in
addressing extrafamilial child sexual
abuse allegations covered by this part.
(5) Encourage timely and
comprehensive reporting in accordance
with this part.
§ 60.6
Procedures.
(a) Reporting requirements. Any
person with a reasonable belief that an
incident of child abuse has occurred in
a DoD-sanctioned activity must report it
to:
(1) The appropriate civilian agency in
accordance with 42 U.S.C. 13031 and 28
CFR 81.1–81.5.
(2) The installation FAP as required
by DoD Directive 6400.1.
(b) Notification of suspected abuse—
(1) Physical or emotional abuse or
neglect. If a report of suspected child
physical abuse, emotional abuse, or
neglect in a DoD-sanctioned activity is
made to the FAP, the FAPM shall:
(i) Notify the appropriate military or
civilian law enforcement agency, or
multiple law enforcement agencies as
appropriate.
(ii) Contact the appropriate civilian
child protective services agency, if any,
to request assistance.
(2) Sexual abuse. If a report of
suspected child sexual abuse in a DoDsanctioned activity is made to the FAP,
the FAPM, in addition to the procedures
noted in paragraph (b)(1) of this section,
shall:
(i) Immediately notify the servicing
MCIO and civilian law enforcement as
appropriate.
(ii) Forward the report DD Form 2951,
‘‘Initial Report of Suspected Child
Sexual Abuse in DoD Operated or
Sponsored Activities,’’ required by 10
U.S.C. 1794 through DoD Component
FAP channels to the DASD(MC&FP)
within 72 hours.
(iii) Consult with the person in charge
of the DoD-sanctioned activity and the
appropriate law enforcement agency to
estimate the number of potential victims
and determine whether an installation
response team may be appropriate to
address the investigative, medical,
psychological, and public affairs issues
that may arise.
(iv) Notify the installation commander
of the allegation and recommend
whether an installation response team
may be appropriate to assess the current
situation and coordinate the
installation’s response to the incidents.
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25677
(v) Submit a written follow-up report
using DD Form 2952, ‘‘Closeout Report
of Suspected Child Sexual Abuse in
DoD Operated or Sponsored Activities,’’
through DoD Component channels
regarding all allegations of child sexual
abuse to the DASD(MC&FP) when:
(A) There have been significant
changes in the status of the case;
(B) There are more than five potential
victims;
(C) The sponsors of the victims are
from different Military Services or DoD
Components;
(D) There is increased community
sensitivity to the allegation; or
(E) The DASD(MC&FP) has requested
a follow-up report.
(c) Requesting a FACAT. An
installation commander may request a
FACAT through appropriate DoD
Component channels from the
DASD(MC&FP) when alleged child
sexual abuse by a care provider in a
DoD-sanctioned-activity has been
reported and at least one of the
following apply:
(1) Additional personnel are needed
to:
(i) Fully investigate a report of child
sexual abuse by a care provider or
employee in a DoD-sanctioned activity;
(ii) Assess the needs of the child
victims and their families; or
(iii) Provide supportive treatment to
the child victims and their families.
(2) The victims are from different
Military Services or DoD Components,
or there are multiple care providers who
are the subjects of the report from
different Military Services or DoD
Components.
(3) Significant issues in responding to
the allegations have arisen between the
Military Services or DoD Components
and other Federal agencies or civilian
authorities.
(4) The situation has potential for
widespread public interest that could
negatively impact performance of the
DoD mission.
(d) Deployment of a FACAT. (1) The
DASD(MC&FP) shall deploy a FACAT at
the request of a DoD Component.
(2) The DASD(MC&FP) may deploy a
FACAT at the request of the Head of the
DoD Component without a request from
the installation commander. Such
circumstances include a case where:
(i) The victims are from different
Military Services or DoD Components,
or there are multiple care providers who
are the subjects of the report from
different Military Services or DoD
Components;
(ii) Significant issues in responding to
the allegations have arisen between the
Military Services or DoD Components
and other Federal agencies or civilian
authorities; or
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(iii) The situation has potential for
widespread public interest that could
negatively impact performance of the
DoD mission.
(3) The DASD(MC&FP) shall configure
the FACAT based on the information
and recommendations of the requestor,
the installation FAPM, and the FAPD of
the DoD Component.
(4) The DASD(MC&FP) shall:
(i) Request the FAPDs to identify
several individuals from the FACAT
roster who are available for deployment.
(ii) Request, through the appropriate
channels of the DoD Component, that
the individuals’ supervisors release
them from normal duty positions to
serve on temporary duty with the
deploying FACAT.
(5) The DASD(MC&FP) shall provide
fund citations to the FACAT members
for their travel orders and per diem and
shall provide information regarding
travel arrangements. The FACAT
members shall be responsible for
preparing travel orders and making
travel arrangements.
(6) FACAT members who are subject
to DoD Instruction 6025.13, ‘‘Medical
Quality Assurance (MQA) and Clinical
Quality Management in the Military
Health System (MHS)’’ (see https://
www.dtic.mil/whs/directives/corres/pdf/
602513p.pdf) shall be responsible for
arranging temporary clinical privileges
in accordance with DoD 6025.13–R,
‘‘Military Health System (MHS) Clinical
Quality Assurance (CQA) Program
Regulation’’ (see https://www.dtic.mil/
whs/directives/corres/pdf/602513r.pdf)
at the installation to which they shall be
deployed.
(e) FACAT tasks. The FACAT shall
meet with the installation’s
commanding officer, the MCIO, or
designated response team to assess the
current situation and assist in
coordinating the installation’s response
to the incidents. Depending on the
composition of the team, such tasks may
include:
(1) Investigating the allegations.
(2) Conducting medical and mental
health assessment of the victims and
their families.
(3) Developing and implementing
plans to provide appropriate treatment
and support for the victims and their
families and for the non-abusing staff of
the DoD-sanctioned activity.
(4) Coordinating with local officials to
manage public affairs tasks.
(f) Reports of FACAT activities. The
FACAT chief shall prepare three types
of reports:
(1) Daily briefs for the installation
commander or designee.
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(2) Periodic updates to the FAPD of
the DoD Component and to the
DASD(MC&FP).
(3) An after-action brief for the
installation commander briefed at the
completion of the deployment and
transmitted to the DASD(MC&FP) and
the FAPD of the DoD Component.
Dated: May 1, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2014–10343 Filed 5–5–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2014–0089]
RIN 1625–AA08
Special Local Regulation; Stuart
Sailfish Regatta, Indian River; Stuart,
FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation on
the Indian River located northeast of
Ernest F. Lyons Bridge and south of Joes
Cove, in Stuart, Florida during the
Stuart Sailfish Regatta, a series of highspeed boat races. The Stuart Sailfish
Regatta will take place from May 16
through May 18, 2014. Approximately
120 high-speed power boats will be
participating in the event. It is
anticipated that at least 100 spectator
vessels will be present during the event.
This special local regulation is
necessary for the safety of race
participants, participant vessels,
spectators, and the general public
during the event. The special local
regulation will establish the following
three areas: A race area, where all
persons and vessels, except those
participating in the high-speed boat
races, are prohibited from entering,
transiting through, anchoring in, or
remaining within; a buffer zone around
the race area, where all persons and
vessels, except those persons and
vessels enforcing the buffer zone, or
authorized participants or vessels
transiting to the race area, are prohibited
from entering, transiting through,
anchoring in, or remaining within; and
a spectator area, where all persons are
prohibited from entering the water or
swimming in the designated area.
SUMMARY:
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This rule is effective from 8 a.m.
until 5 p.m. on May 16, 2014 through
May 18, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer John K. Jennings,
Sector Miami Prevention Department,
Coast Guard; telephone (305) 535–4317,
email John.K.Jennings@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On March 21, 2014, a Notice of
Proposed Rulemaking (NPRM) entitled
Special Local Regulation; Stuart Sailfish
Regatta, Indian River; Stuart, FL in the
Federal Register (77 FR 79 FR 15715).
We received no comments on the
proposed rule. No public meeting was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Any delay in the effective date
of this rule would be contrary to the
public interest, because immediate
action is necessary to protect the safety
of the participants from the dangers
associated with other vessels transiting
this area while the race occurs.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
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]]>Agencies
[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Rules and Regulations]
[Pages 25675-25678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10343]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 60
[Docket ID: DOD-2008-OS-0128]
RIN 0790-AI40
Family Advocacy Command Assistance Team (FACAT)
AGENCY: Office of the Under Secretary of Defense for Personnel and
Readiness, DoD.
ACTION: Final rule.
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SUMMARY: This final rule updates Department of Defense (DoD) policy and
responsibilities and prescribes procedures for the implementation and
use of the FACAT in accordance with 10 U.S.C. 1794. It is DoD policy to
provide a safe and secure environment for DoD personnel and their
families by promoting the prevention, early identification, and
intervention in all allegations of child abuse and neglect.
DATES: Effective Date: This rule is effective June 5, 2014.
FOR FURTHER INFORMATION CONTACT: Mary Campise, 571-372-5346.
SUPPLEMENTARY INFORMATION:
Executive Summary
I. Purpose of the Regulatory Action
To establish DoD policy, assign responsibilities, and prescribe
procedures for implementation and use of the multi-disciplinary Family
Advocacy Command Assistant Team to respond to allegations of child
sexual abuse in DoD-sanctioned childcare and youth activities.
a. The need for the regulatory action and how the action will meet
that need.
Child sexual abuse allegations in DoD sponsored childcare and youth
activities require a coordinated community response between law
enforcement, child protection agencies, and the setting from which the
allegation arose. Local teams who may not be sufficiently resourced to
conduct large scale investigations and coordinate an effective multi-
level response can request the deployment and support of the FACAT to
foster cooperation among the DoD, other Federal agencies, and
responsible civilian authorities when addressing allegations of child
sexual abuse in DoD-sanctioned activities; promote timely and
comprehensive reporting of all allegations; and actively seek
prosecution of alleged perpetrators to the fullest extent of the law.
b. Statement of legal authority for the regulatory action.
Section 1794 of title 10, United States Code (U.S.C.) requires the
Secretary of Defense to maintain a special task force to respond to
allegations of widespread child abuse at a military installation. The
task force shall be composed of personnel from appropriate disciplines,
including, medicine, psychology, and child development. This task force
will provide assistance to the commander of the installation, and to
parents at the installation, to effectively deal with the allegations.
II. Summary of the Major Provisions of the Regulatory Action in
Question
a. This regulatory action establishes a DoD multi-disciplinary
Family Advocacy Command Assistant Team (FACAT) to support local
installation personnel in responding to extrafamilial child sexual
abuse allegations in DoD sanctioned childcare and youth activities.
b. The deployment of the FACAT provides a coordinated and
comprehensive DoD response to assist the Military Department upon DoD
Component request to address allegations when local resources are
limited.
c. The goal of the FACAT is to foster cooperation among the DoD,
other Federal agencies, and responsible civilian authorities when
addressing allegations of extrafamilial child sexual abuse in DoD-
sanctioned activities, to ensure the timely and comprehensive reporting
of all incidents to the appropriate authorities, and to seek
prosecution of alleged perpetrators to the fullest extent of the law
when appropriate.
III. Costs and Benefits
The benefit to the Department and to the public is to provide safe
and secure environments for children of DoD personnel and their
families by promoting a coordinated community response to allegations
of child sexual abuse arising in DoD sponsored childcare and youth
activities settings. The deployment of the FACAT to support local
communities ensures that alleged offenders are identified, assessed,
investigated, and prosecuted to the full extent of the law. Further,
the multidisciplinary and well-coordinated approach promotes the
identification of all potential child victims and provides a safe and
secure setting for these children to be interviewed, assessed, and
supported. Per Section 1794 of Title 10, United States Code, this rule
has an internal reporting requirement that will cost the Department of
Defense $600 annually. Costs for this program include salaries of
government employees, training costs of approximately $30,000 every
three years, and up to $15,000 to deploy a FACAT of five team members
per response. There were no FACATs deployed in FY 2011, and there was
one FACAT deployed in FY 2010. The cost of the FY 2010 deployment was
approximately $7,500.
Public Comments
On Friday, April 26, 2013 (78 FR 24694-24697), the Department of
Defense published a proposed rule requesting public comment. No
comments were received on the proposed rule and no changes have been
made in the final rule.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been certified that 32 CFR part 60 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; or
[[Page 25676]]
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
these Executive Orders.
Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 60 does not contain a
Federal mandate that may result in 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 32 CFR part 60 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.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 60 does not impose reporting
or recordkeeping requirements under the Paperwork Reduction Act of
1995.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 60 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
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 60
Child abuse, Family health.
0
Accordingly 32 CFR part 60 is added to read as follows:
PART 60--FAMILY ADVOCACY COMMAND ASSISTANCE TEAM (FACAT)
Sec.
60.1 Purpose.
60.2 Applicability.
60.3 Definitions.
60.4 Policy.
60.5 Responsibilities.
60.6 Procedures.
Authority: 10 U.S.C. 1794; 42 U.S.C. 13031.
Sec. 60.1 Purpose.
This part establishes policy, assigns responsibilities, and
prescribes procedures for implementation and use of the FACAT in
accordance with 10 U.S.C. 1794.
Sec. 60.2 Applicability.
(a) This part applies to Office of the Secretary of Defense (OSD),
the Military Departments, the Office of the Chairman of the Joint
Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office
of the Inspector General of the Department of Defense, the Defense
Agencies, the DoD Field Activities and all other organizational
entities in the DoD (hereinafter referred to collectively as the ``DoD
Components'').
(b) The term ``Military Services,'' as used herein, refers to the
Army, Navy, Air Force, and Marine Corps.
Sec. 60.3 Definitions.
Unless otherwise noted, these terms and their definitions are for
the purpose of this part.
Child. An unmarried person under 18 years of age for whom a parent,
guardian, foster parent, caregiver, employee of a residential facility,
or any staff person providing out-of-home care is legally responsible.
The term ``child'' means a biological child, adopted child, stepchild,
foster child, or ward. The term also includes a sponsor's family member
(except the sponsor's spouse) of any age who is incapable of self-
support because of a mental or physical incapacity, and for whom
treatment in a DoD medical treatment program is authorized.
Child abuse. The physical or sexual abuse, emotional abuse, or
neglect of a child by a parent, guardian, foster parent, or by a
caregiver, whether the caregiver is intrafamilial or extrafamilial,
under circumstances indicating the child's welfare is harmed or
threatened. Such acts by a sibling, other family member, or other
person shall be deemed to be child abuse only when the individual is
providing care under express or implied agreement with the parent,
guardian, or foster parent.
Child sexual abuse. The employment, use, persuasion, inducement,
enticement, or coercion of any child to engage in, or assist any other
person to engage in, any sexually explicit conduct or simulation of
such conduct for the purpose of producing a visual depiction of such
conduct; or the rape, and in cases of caretaker or inter-familial
relationships, statutory rape, molestation, prostitution, or other form
of sexual exploitation of children, or incest with children.
DoD-sanctioned activity. A U.S. Government activity or a
nongovernmental activity authorized by appropriate DoD officials to
perform child care or supervisory functions on DoD controlled property.
The care and supervision of children may be either its primary mission
or incidental in carrying out another mission (e.g., medical care).
Examples include Child Development Centers, Department of Defense
Dependents Schools, Youth Activities, School Age/Latch Key Programs,
Family Day Care providers, and child care activities that may be
conducted as a part of a chaplain's program or as part of another
Morale, Welfare, or Recreation Program.
FACAT. A multidisciplinary team composed of specially trained and
experienced individuals who are on-call to provide advice and
assistance on cases of child sexual abuse that involve DoD-sanctioned
activities.
Family Advocacy Program Director (FAPD). An individual designated
by the Secretary of the Military Department or the head of another DoD
Component to manage, monitor, and coordinate the FAP at the
headquarters level.
Family Advocacy Program Manager (FAPM). An individual designated by
the Secretary of the Military Department to manage, monitor, and
coordinate the FAP at the headquarters level.
Military criminal investigative organization (MCIO). U.S. Army
Criminal Investigation Command, Naval Criminal Investigative Service,
and Air Force Office of Special Investigations.
Out-of-home care. The responsibility of care for and/or supervision
of a child in a setting outside the child's home by an individual
placed in a caretaker role sanctioned by a DoD Component or authorized
by a DoD Component as a provider of care. Examples include a child
development center, school, recreation program, family child care, and
child care activities that may be conducted as a part of a chaplain's
program or as part of another morale, welfare, or recreation program.
Sec. 60.4 Policy.
It is DoD policy to:
(a) Provide a safe and secure environment for DoD personnel and
their families by promoting the prevention, early identification, and
intervention in all allegations of child abuse and neglect in
accordance with DoD Directive 6400.1, ``Family Advocacy Program (FAP)''
(see https://www.dtic.mil/whs/directives/corres/pdf/640001p.pdf).
(b) Promote early identification and intervention in allegations of
extrafamilial child sexual abuse in accordance with DoD Directive
6400.1 as it applies to DoD-sanctioned activities.
(c) Provide a coordinated and comprehensive DoD response through
the deployment of the FACAT to assist the Military Department upon DoD
[[Page 25677]]
Component request to address allegations of extrafamilial child sexual
abuse in DoD-sanctioned activities.
(d) Foster cooperation among the DoD, other Federal agencies, and
responsible civilian authorities when addressing allegations of
extrafamilial child sexual abuse in DoD-sanctioned activities.
(e) Promote timely and comprehensive reporting of all incidents
covered by this part.
(f) As appropriate, actively seek prosecution of alleged
perpetrators to the fullest extent of the law.
(g) Ensure that personally identifiable information, to include
protected health information collected, used, and released by covered
entities in the execution of this part is protected as required by DoD
6025.18-R, ``DoD Health Information Privacy Regulation'' (see https://www.dtic.mil/whs/directives/corres/pdf/602518r.pdf) and 5 U.S.C. 552a
as implemented in the Department of Defense by 32 CFR part 310.
Sec. 60.5 Responsibilities.
(a) The Deputy Assistant Secretary of Defense for Military
Community and Family Policy (DASD(MC&FP)), under the authority,
direction, and control of the Assistant Secretary of Defense for
Readiness and Force Management, shall:
(1) Monitor compliance with this part.
(2) Train, maintain, and support a team of full-time or permanent
part-time federal officers or employees from various disciplines to
comprise the FACAT and respond to child sexual abuse in DoD-sanctioned
activities.
(3) Develop and coordinate criteria for determining the appropriate
professional disciplines, support staff, and the required capabilities
of FACAT members.
(4) Ensure that policies and guidelines on activation and use of
the FACAT are shared and coordinated with the DoD Components.
(5) Program, budget, and allocate funds for the FACAT.
(6) Appoint the chief of the FACAT and team members, and provide
required logistical support when the FACAT is deployed.
(7) Coordinate the management and interaction of this effort with
other Federal and civilian agencies as necessary.
(8) Foster general awareness of FACAT goals and responsibilities.
(b) The Secretaries of the Military Departments shall:
(1) Ensure compliance with this part throughout their respective
Departments.
(2) Establish departmental procedures to implement with this part.
(3) Designate nominees for the FACAT upon request and ensure
replacements are nominated when vacancies are indicated.
(4) Ensure that commanders and staff are aware of the availability
and proper use of the FACAT and the procedures for requesting a FACAT
to assist in addressing extrafamilial child sexual abuse allegations
covered by this part.
(5) Encourage timely and comprehensive reporting in accordance with
this part.
Sec. 60.6 Procedures.
(a) Reporting requirements. Any person with a reasonable belief
that an incident of child abuse has occurred in a DoD-sanctioned
activity must report it to:
(1) The appropriate civilian agency in accordance with 42 U.S.C.
13031 and 28 CFR 81.1-81.5.
(2) The installation FAP as required by DoD Directive 6400.1.
(b) Notification of suspected abuse--(1) Physical or emotional
abuse or neglect. If a report of suspected child physical abuse,
emotional abuse, or neglect in a DoD-sanctioned activity is made to the
FAP, the FAPM shall:
(i) Notify the appropriate military or civilian law enforcement
agency, or multiple law enforcement agencies as appropriate.
(ii) Contact the appropriate civilian child protective services
agency, if any, to request assistance.
(2) Sexual abuse. If a report of suspected child sexual abuse in a
DoD-sanctioned activity is made to the FAP, the FAPM, in addition to
the procedures noted in paragraph (b)(1) of this section, shall:
(i) Immediately notify the servicing MCIO and civilian law
enforcement as appropriate.
(ii) Forward the report DD Form 2951, ``Initial Report of Suspected
Child Sexual Abuse in DoD Operated or Sponsored Activities,'' required
by 10 U.S.C. 1794 through DoD Component FAP channels to the DASD(MC&FP)
within 72 hours.
(iii) Consult with the person in charge of the DoD-sanctioned
activity and the appropriate law enforcement agency to estimate the
number of potential victims and determine whether an installation
response team may be appropriate to address the investigative, medical,
psychological, and public affairs issues that may arise.
(iv) Notify the installation commander of the allegation and
recommend whether an installation response team may be appropriate to
assess the current situation and coordinate the installation's response
to the incidents.
(v) Submit a written follow-up report using DD Form 2952,
``Closeout Report of Suspected Child Sexual Abuse in DoD Operated or
Sponsored Activities,'' through DoD Component channels regarding all
allegations of child sexual abuse to the DASD(MC&FP) when:
(A) There have been significant changes in the status of the case;
(B) There are more than five potential victims;
(C) The sponsors of the victims are from different Military
Services or DoD Components;
(D) There is increased community sensitivity to the allegation; or
(E) The DASD(MC&FP) has requested a follow-up report.
(c) Requesting a FACAT. An installation commander may request a
FACAT through appropriate DoD Component channels from the DASD(MC&FP)
when alleged child sexual abuse by a care provider in a DoD-sanctioned-
activity has been reported and at least one of the following apply:
(1) Additional personnel are needed to:
(i) Fully investigate a report of child sexual abuse by a care
provider or employee in a DoD-sanctioned activity;
(ii) Assess the needs of the child victims and their families; or
(iii) Provide supportive treatment to the child victims and their
families.
(2) The victims are from different Military Services or DoD
Components, or there are multiple care providers who are the subjects
of the report from different Military Services or DoD Components.
(3) Significant issues in responding to the allegations have arisen
between the Military Services or DoD Components and other Federal
agencies or civilian authorities.
(4) The situation has potential for widespread public interest that
could negatively impact performance of the DoD mission.
(d) Deployment of a FACAT. (1) The DASD(MC&FP) shall deploy a FACAT
at the request of a DoD Component.
(2) The DASD(MC&FP) may deploy a FACAT at the request of the Head
of the DoD Component without a request from the installation commander.
Such circumstances include a case where:
(i) The victims are from different Military Services or DoD
Components, or there are multiple care providers who are the subjects
of the report from different Military Services or DoD Components;
(ii) Significant issues in responding to the allegations have
arisen between the Military Services or DoD Components and other
Federal agencies or civilian authorities; or
[[Page 25678]]
(iii) The situation has potential for widespread public interest
that could negatively impact performance of the DoD mission.
(3) The DASD(MC&FP) shall configure the FACAT based on the
information and recommendations of the requestor, the installation
FAPM, and the FAPD of the DoD Component.
(4) The DASD(MC&FP) shall:
(i) Request the FAPDs to identify several individuals from the
FACAT roster who are available for deployment.
(ii) Request, through the appropriate channels of the DoD
Component, that the individuals' supervisors release them from normal
duty positions to serve on temporary duty with the deploying FACAT.
(5) The DASD(MC&FP) shall provide fund citations to the FACAT
members for their travel orders and per diem and shall provide
information regarding travel arrangements. The FACAT members shall be
responsible for preparing travel orders and making travel arrangements.
(6) FACAT members who are subject to DoD Instruction 6025.13,
``Medical Quality Assurance (MQA) and Clinical Quality Management in
the Military Health System (MHS)'' (see https://www.dtic.mil/whs/directives/corres/pdf/602513p.pdf) shall be responsible for arranging
temporary clinical privileges in accordance with DoD 6025.13-R,
``Military Health System (MHS) Clinical Quality Assurance (CQA) Program
Regulation'' (see https://www.dtic.mil/whs/directives/corres/pdf/602513r.pdf) at the installation to which they shall be deployed.
(e) FACAT tasks. The FACAT shall meet with the installation's
commanding officer, the MCIO, or designated response team to assess the
current situation and assist in coordinating the installation's
response to the incidents. Depending on the composition of the team,
such tasks may include:
(1) Investigating the allegations.
(2) Conducting medical and mental health assessment of the victims
and their families.
(3) Developing and implementing plans to provide appropriate
treatment and support for the victims and their families and for the
non-abusing staff of the DoD-sanctioned activity.
(4) Coordinating with local officials to manage public affairs
tasks.
(f) Reports of FACAT activities. The FACAT chief shall prepare
three types of reports:
(1) Daily briefs for the installation commander or designee.
(2) Periodic updates to the FAPD of the DoD Component and to the
DASD(MC&FP).
(3) An after-action brief for the installation commander briefed at
the completion of the deployment and transmitted to the DASD(MC&FP) and
the FAPD of the DoD Component.
Dated: May 1, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-10343 Filed 5-5-14; 8:45 am]
BILLING CODE 5001-06-P
