Sexual Assault Prevention and Response (SAPR) Program, 66185-66189 [2016-21875]

Download as PDF Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Rules and Regulations 3578; Sec. 5 of Pub. L. 109–472, 120 Stat. 3554; Pub. L. 108–447, Div. B, Title IV, Dec. 8, 2004, 118 Stat. 2809; Pub. L. 108–458, 118 Stat. 3638, 3823 (Dec. 17, 2004). § 51.60 [Amended] 2. Amend § 51.60 in paragraphs (a)(4) and (g) by removing ‘‘42 U.S.C. 16935a’’ and adding in its place ‘‘22 U.S.C. 212b(c)(1)’’. ■ Dated: September 20, 2016. Michele Thoren Bond, Assistant Secretary Bureau of Consular Affairs, Department of State. 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. [FR Doc. 2016–23283 Filed 9–26–16; 8:45 am] BILLING CODE 4710–06–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 103 [DOD–2008–OS–0124; 0790–AJ40] Sexual Assault Prevention and Response (SAPR) Program Department of Defense. Interim final rule; amendment. AGENCY: ACTION: 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 asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:16 Sep 26, 2016 Jkt 238001 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: 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 wellbeing. —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– PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 66185 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. E:\FR\FM\27SER1.SGM 27SER1 66186 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Rules and Regulations Background asabaliauskas on DSK3SPTVN1PROD with RULES 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 sexrelated 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 VerDate Sep<11>2014 16:16 Sep 26, 2016 Jkt 238001 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 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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. E:\FR\FM\27SER1.SGM 27SER1 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Rules and Regulations 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.gpo.gov/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: asabaliauskas on DSK3SPTVN1PROD with RULES PART 103—[AMENDED] 2. Amend § 103.1 by: 16:16 Sep 26, 2016 Jkt 238001 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. ■ 3. Amend § 103.2 by: ■ a. In paragraph (b), removing ‘‘medical’’ and adding in its place ‘‘healthcare.’’ ■ b. Revising paragraph (c). ■ 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.’’ ■ d. Redesignating paragraph (f) as (g), and adding new paragraph (f). The revision and addition read as follows: Applicability. * 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. VerDate Sep<11>2014 § 103.1 § 103.2 1. The authority citation for part 103 is revised to read as follows: ■ ■ a. Removing paragraph (a)(6) and redesignating paragraphs (a)(7) through (16) as (a)(6) through (15). ■ b. Revising newly redesignated paragraph (a)(14). ■ c. Removing paragraph (a)(17) and redesignating paragraph (a)(18) as (a)(16). ■ e. Redesignating paragraph (a)(19) as (a)(17) and removing ‘‘and’’ from the end of newly redesignated paragraph (a)(17). ■ d. Removing paragraph (a)(20). ■ e. Adding paragraphs (a)(18) through (23). The revisions and additions read as follows: ■ * * * * (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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 66187 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. * * * * * ■ 4. Amend § 103.3 by: ■ a. Revising the definition of ‘‘Consent.’’ ■ b. Adding the definitions of ‘‘Family Advocacy Program (FAP),’’ ‘‘Healthcare,’’ and ‘‘Healthcare provider’’ in alphabetical order. ■ c. In the definition of ‘‘Official investigative process,’’ removing ‘‘commander or.’’ ■ d. Revising the definition of ‘‘Restricted reporting.’’ ■ e. Adding the definition of ‘‘Special Victims’ Counsel (SVC)’’ in alphabetical order. ■ f. In the definition of ‘‘Victim,’’ removing ‘‘Program’’ and adding in its place ‘‘Option’’ in the second sentence. ■ g. Adding the definition of ‘‘Victims’ Legal Counsel (VLC)’’ in alphabetical order. The revisions and additions read as follows: § 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 E:\FR\FM\27SER1.SGM 27SER1 asabaliauskas on DSK3SPTVN1PROD with RULES 66188 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Rules and Regulations 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 DoDsponsored 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 VerDate Sep<11>2014 16:16 Sep 26, 2016 Jkt 238001 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. ■ 5. Amend § 103.4 by: ■ a. In paragraph (i), removing ‘‘comprehensive medical treatment’’ and adding in its place ‘‘comprehensive healthcare (medical and mental health) treatment.’’ ■ b. In paragraph (j), removing ‘‘medical’’ and adding in its place ‘‘health’’ in the first sentence. ■ c. In paragraph (k) introductory text, removing ‘‘Complete,’’ at the beginning of the second sentence. ■ d. In paragraph (k)(1): ■ i. Removing ‘‘medical treatment’’ and adding in its place ‘‘healthcare’’ in the first sentence. ■ ii. Removing ‘‘medical’’ and adding in its place ‘‘health’’ in the second sentence. ■ e. In paragraph (k)(2) introductory text: ■ i. Removing ‘‘medical’’ and adding in its place ‘‘healthcare’’ in the first sentence. ■ ii. Adding ‘‘, state laws, or federal regulations’’ at the end of second sentence. ■ iii. Removing ‘‘medical care’’ and adding in its place ‘‘healthcare’’ in the last sentence. ■ f. In paragraph (k)(2)(i), removing ‘‘Program’’ and adding in its place ‘‘option’’ in the first sentence. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 g. In paragraph (k)(2)(ii), removing ‘‘complete’’ in the fourth sentence. ■ h. In paragraph (k)(2)(v), revising the third sentence. ■ i. Adding paragraph (n). The revisions and additions read as follows: ■ § 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). ■ 6. Amend § 103.5 by: ■ a. In paragraph (a)(1), adding ‘‘, and the Staff Judge Advocate to the Commandant of the Marine Corps’’ after ‘‘Military Departments.’’ ■ b. Revising paragraph (a)(6) introductory text. ■ c. In paragraph (a)(6)(i), adding ‘‘, and the Staff Judge Advocate to the Commandant of the Marine Corps’’ after ‘‘Military Departments.’’ ■ d. In paragraph (a)(6)(iii), adding ‘‘, and the Staff Judge Advocate to the Commandant of the Marine Corps’’ after ‘‘Military Departments.’’ ■ e. Adding paragraph (a)(6)(vi). ■ f. Revising paragraph (f)(5). ■ g. In paragraph (f)(6), removing ‘‘medical treatment’’ and adding in its place ‘‘healthcare.’’ ■ h. Revising paragraph (f)(12). ■ i. In paragraph (f)(16), adding ‘‘the requirements in’’ after ‘‘accordance with.’’ ■ j. Redesignating paragraphs (f)(17) through (19) as (f)(18) through (20), and adding a new paragraph (f)(17). ■ k. Redesignating paragraphs (g), (h), and (i) as (h), (i), and (j), and adding a new paragraph (g). ■ l. In newly redesignated paragraph (i)(2), removing ‘‘medical’’ and adding in its place ‘‘healthcare.’’ ■ m. In newly redesignated paragraph (i)(5), removing ‘‘medical treatment’’ and adding in its place ‘‘that healthcare.’’ ■ n. Adding paragraph (i)(12). E:\FR\FM\27SER1.SGM 27SER1 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Rules and Regulations The revisions and additions read as follows: asabaliauskas on DSK3SPTVN1PROD with RULES § 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 multidisciplinary 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) * * * VerDate Sep<11>2014 16:16 Sep 26, 2016 Jkt 238001 (12) Establish guidance for when an Expedited Transfer has been requested in accordance with DoD Instruction 6495.02. * * * * * 66189 Dated: September 7, 2016. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov. [FR Doc. 2016–21875 Filed 9–26–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 5001–06–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–HQ–OAR–2016–0509; FRL–9952–97– OAR] Extension of Deadline for Action on the August 2016 Section 126 Petition From Delaware Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: In this action, the Environmental Protection Agency (EPA) is determining that 60 days is insufficient time to complete the technical and other analyses and public notice-and-comment process required for our review of a petition submitted by the state of Delaware pursuant to section 126 of the Clean Air Act (CAA). The petition requests that the EPA make a finding that Harrison Power Station, located near Haywood, Harrison County, West Virginia, emits air pollution that significantly contributes to nonattainment and interferes with maintenance of the 2008 and 2015 ozone national ambient air quality standards (NAAQS) in the state of Delaware. Under section 307(d)(10) of CAA, the EPA is authorized to grant a time extension for responding to a petition if the EPA determines that the extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of the section 307(d) notice-and-comment rulemaking requirements. By this action, the EPA is making that determination. The EPA is therefore extending the deadline for acting on the petition to no later than April 7, 2017. DATES: This final rule is effective on September 27, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2016–0509. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 Ms. Gobeail McKinley, Office of Air Quality Planning and Standards (C504–04), U.S. EPA, Research Triangle Park, North Carolina 27709, telephone number (919) 541–5246, email: mckinley.gobeail@ epa.gov. SUPPLEMENTARY INFORMATION I. Background and Legal Requirements for Interstate Air Pollution This is a procedural action to extend the deadline for the EPA to respond to a petition from the state of Delaware filed pursuant to CAA section 126(b). The EPA received the petition on August 8, 2016. The petition requests that the EPA make a finding under section 126(b) of the CAA that the Harrison Power Station, located near Haywood, Harrison County, West Virginia, is operating in a manner that emits air pollutants in violation of the provisions of section 110(a)(2)(D)(i)(I) of the CAA with respect to the 2008 and 2015 ozone NAAQS. Section 126(b) of the CAA authorizes states to petition the EPA to find that a major source or group of stationary sources in upwind states emits or would emit any air pollutant in violation of the prohibition of CAA section 110(a)(2)(D)(i) 1 by contributing significantly to nonattainment or maintenance problems in downwind states. Section 110(a)(2)(D)(i)(I) of the CAA prohibits emissions of any air pollutant in amounts which will contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any NAAQS. The petition asserts that emissions from Harrison Power Station’s three electric generating units emit air pollutants in violation of CAA section 110(a)(2)(D)(i)(I) with respect to the 2008 8-hour ozone NAAQS, set at 0.075 parts per million 1 The text of CAA section 126 codified in the United States Code cross references CAA section 110(a)(2)(D)(ii) instead of CAA section 110(a)(2)(D)(i). The courts have confirmed that this is a scrivener’s error and the correct cross reference is to CAA section 110(a)(2)(D)(i). See Appalachian Power Co. v. EPA, 249 F.3d 1032, 1040–44 (D.C. Cir. 2001). E:\FR\FM\27SER1.SGM 27SER1

Agencies

[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Rules and Regulations]
[Pages 66185-66189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21875]


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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.

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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.gpo.gov/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