Sexual Assault Prevention and Response (SAPR) Program, 42707-42724 [2020-13513]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Rules and Regulations]
[Pages 42707-42724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13513]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 103

[DOD-2008-OS-0124]
RIN 0790-AJ40


Sexual Assault Prevention and Response (SAPR) Program

AGENCY: Department of Defense.

ACTION: Final rule.

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SUMMARY: The Department of Defense (DoD) is finalizing two interim 
final rules in a single final rule which deletes all guidance internal 
to DoD, and incorporate only those policy provisions directly affecting 
DoD's obligations to provide sexual assault prevention and response 
(SAPR) services to certain members of the public who are adult victims 
of sexual assault. This revision also makes SAPR policy updates as 
required by legal mandates.

DATES: This rule is effective August 14, 2020.

FOR FURTHER INFORMATION CONTACT: Diana Rangoussis, Senior Policy 
Advisor, Sexual Assault Prevention and Response Office (SAPRO), (703) 
696-9422.

SUPPLEMENTARY INFORMATION: The Department of Defense is revising 32 CFR 
part 103 by finalizing the interim final rule published on September 
27, 2016 (81 FR 66185-66189), deleting all guidance internal to DoD, 
and incorporating those policy provisions from 32 CFR part 105 that 
directly affect DoD's obligations to provide sexual assault prevention 
and response (SAPR) services to certain members of the public, who are 
adult victims of sexual assault. With the publication of this rule, 32 
CFR part 103 will be the only part that outlines the Department's 
obligations to provide SAPR services to certain members of the public. 
The Department is also making a conforming change to comply with law. 
The rule implements NDAA FY 2020 section 536 which sets forth a 
procedure for persons making a Restricted Report to retrieve any 
personal property that was obtained when the individual makes a 
Restricted Report. The rule sets forth an internal agency procedure 
mandated by Congress in Section 536 and although internal agency 
procedures are exempt from rule making and public comment, it is 
included in this Final Rule for completeness.
    This rule is being published as part of DoD's regulatory reform 
work as part of Executive Order (E.O.) 13777, ``Enforcing the 
Regulatory Reform Agenda'' (February 24, 2017), which requires 
Executive departments and agencies to appoint a Regulatory Reform 
Officer to oversee the implementation of regulatory reform initiatives 
and policies and establish a Regulatory Reform Task Force (Task Force) 
to review and evaluate existing regulations and make recommendations to 
the agency head regarding their repeal, replacement, or modification, 
consistent with applicable law. Those reform initiatives and policies 
include E.O. 13771, ``Reducing Regulation and Controlling Regulatory 
Costs'' (January 30, 2017), Section 6 of E.O. 13563, ``Improving 
Regulation and Regulatory Review'' (January 18, 2011), and E.O. 12866, 
``Regulatory Planning and Review'' (September 30, 1993). More 
information on DoD's work can be found at https://open.defense.gov/Regulatory-Program/RRTF2.aspx. The Department's internal policies and 
procedures are published in DoD Directive 6495.01, ``Sexual Assault 
Prevention and Response (SAPR) Program'' (last updated April 11, 2017, 
and available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/649501p.pdf), and DoD Instruction 6495.02, ``Sexual 
Assault Prevention and Response (SAPR) Program

[[Page 42708]]

Procedures,'' (last updated May 24, 2017, and available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/649502p.pdf).

Authority for This Rulemaking

    This final rule incorporates applicable Congressional mandates from 
Section 113 of Title 10, United States Code (U.S.C.), and multiple 
Public Laws including the following.

10 U.S.C. 136 and DoD Directive 5124.02, 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.
 Public Law 106-65, National Defense Authorization Act for 
Fiscal Year 2000:
--Report and regulations on Department of Defense policies on 
protecting the confidentiality of communications with certain 
individuals regarding sexual or domestic abuse.
 Public Law 108-375, Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005:
--Review on how sexual offenses are covered by the Uniform Code of 
Military Justice; processing of forensic evidence collection kits, 
examination of sexual assault in the Armed Forces by the Defense Task 
Force to examine violence at the military service academies.
 Public Law 109-163, National Defense Authorization Act for 
Fiscal Year 2006:
--Extension of Article 120 (Rape) and the statute of limitations for 
rape under the Uniform Code of Military Justice.
 Public Law 109-364, John Warner National Defense Authorization 
Act for Fiscal Year 2007:
--Revision and clarification of requirements with respect to surveys 
and reports concerning sexual harassment and sexual violence at the 
service academies.
--Direct the Military Service Academy Superintendents to conduct an 
annual assessment to determine the effectiveness of the policies, 
training, and procedures of the Academies with respect to sexual 
harassment and sexual violence involving Academy personnel.
 Public Law 110-417, Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009:
--Extension of Military Protective Orders' duration shall remain in 
effect until termination by issuing commander or replacement order.
--Mandatory notification of issuance of military protective order to 
civilian law enforcement.
 Public Law 111-84, National Defense Authorization Act for 
Fiscal Year 2010:
--Improved prevention and response to allegations of sexual assault 
involving members of the armed forces.
--Requirement to collect and submit data on whether a military 
protective order was issued involving either the victim or alleged 
perpetrator of a sexual assault, and whether the military protective 
order was violated in the course of a substantiated incident of sexual 
assault.
 Public Law 111-383, Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011:
--Improved protocols for providing medical care for victims of sexual 
assault.
--Entitlement to victim advocacy services for military or dependent 
sexual assault victims.
--Annual report regarding sexual assaults involving members of the 
Armed Forces and improvement to sexual assault prevention and response 
program.
--Extension of sexual assault prevention and response program to 
Reserve components.
 Public Law 112-81, National Defense Authorization Act for 
Fiscal Year 2012:
--Reform of offenses relating to rape, sexual assault, and other sexual 
misconduct under the Uniform Code of Military Justice.
--Authority to compel production of documentary evidence.
 Public Law 113-66, National Defense Authorization Act for 
Fiscal Year 2014:
--Temporary administrative reassignment or removal of alleged offender.
--Retention of certain forms in connection with Restricted Reports for 
50 years.
--Require 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 112-239, National Defense Authorization Act for 
Fiscal Year 2013 which:
--Establishes special victim capabilities within DoD to respond to 
allegations of certain special victim offenses.
--Enhances training and education for sexual assault prevention and 
response commander training and 14-day notice of SAPR program to new 
Service members.
--Add requirements to Workplace and Gender Relations Surveys.
--Requires General or Flag officer review of and concurrence involving 
separation of a Service member within one year after making an 
unrestricted report of sexual assault.
 Public Law 113-291, Carl Levin and Howard P. ``Buck'' McKeon 
National Defense Authorization Act for Fiscal Year 2015 which provides:
--Access of Special Victims' Counsel to a member of Reserve and 
National Guard.
--Modification of DoD policy on retention of evidence in a sexual 
assault case whereby victim's property returned upon completion of 
related proceedings.
--Modification of Military Rules of Evidence 513 whereby victim-
psychotherapist privilege extended to other mental health 
professionals.
--Analysis and assessment of disposition of most serious offenses 
identified in Unrestricted Reports on the Annual Report on Sexual 
Assaults in the Armed Forces.
--Plan for limited use of certain information on sexual assaults in 
Restricted Reports by military criminal investigative organizations.
 Public Law 114-92, National Defense Authorization Act for 
Fiscal Year 2016, which requires:
--Preemption of State law to ensure confidentiality of reporting.
--That any State law or regulation requiring disclosure of personal 
identifiable information 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, shall not apply except when disclosure 
of personally identifiable information is necessary to prevent or 
mitigate a serious and imminent threat to the health or safety of the 
victim or individual.

[[Page 42709]]

 Public Law 116-92, National Defense Authorization Act for 
Fiscal Year 2020, which requires:
--The return of personal property collected during a forensic 
examination in a Restricted Report upon the request of the victim.

Expected Impact of This Final Rule

    For Fiscal Year 2018, the SAPR office is funded at $24 million. 
There is an additional allocation of $35 million designated for the 
Special Victims' Counsel Program and the Special Victims' Investigation 
and Prosecution capability. 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. This final rule does not change costs or 
benefits already in effect from either the interim final rules.

Response to Public Comments

    Sexual Assault Prevention and Response (SAPR) Program (32 CFR part 
103, RIN 0790-AJ40) and Sexual Assault Prevention and Response (SAPR) 
Program Procedures (32 CFR part 105, RIN 0790-AI36) were published in 
the Federal Register on September 27, 2016, at 81 FR 66185-66189 and 81 
FR 66424-66460, respectively. DoD received comments from a total of 
thirty individuals and organizations for both of the previously 
published interim-final rules combined. While no changes were made to 
the final rule based on public comments, the Department is appreciative 
to the public for expressing their favor, as well as concerns related 
to sexual assault within our ranks.
    In general, the majority of the commenters expressed support for 
the Department's work to address sexual assault.
    The Department did receive several comments where the public 
expressed concerns with: (1) Military culture; (2) the review process 
for sexual assault victims administratively separated after a report of 
sexual assault; (3) retaliation towards a sexual assault victim; and 
(4) amnesty for a sexual assault victim's collateral misconduct.
    In response to comments, the Department should do more to change 
the culture within its ranks, DoD notes work in these areas is a 
fundamental goal of the Department's SAPR Program. Over the past 
several years, the Department has directed a total of 54 initiatives 
that have fundamentally changed the way DoD confronts sexual assault by 
enhancing commander accountability, creating strategies to prevent the 
crime, ensuring proper command climate, and improving Service member 
support.
    Several commenters also expressed concern commanders should not 
expeditiously discharge sexual assault victims. The Department stresses 
there is no policy authorizing an expedient, involuntary discharge of 
sexual assault victims without due process. Beginning with FY 2013, 
section 578 of the National Defense Authorization Act (NDAA) elevated 
this process to a General Officer/Flag Officer review requirement. An 
enlisted Service member or a commissioned officer who made an 
Unrestricted Report of sexual assault and is recommended for 
involuntary separation from the Military Services within 1 year of 
final disposition of his or her sexual assault case can request a 
general or flag officer review of the circumstances of and grounds for 
the involuntary separation.
    Several commenters noted fear of retaliation is one of the biggest 
barriers to reporting and expressed concern it is unclear how Service 
members who engage in retaliation will be held accountable for their 
actions. In 2017 the DoD Retaliation Prevention and Response Strategy 
(RPRS), https://www.sapr.mil/sites/default/files/Retailation_Info_Paper_071117_1_0.pdf, was implemented to improve the 
way DoD supports Service members who experience retaliation. The RPRS 
aligns Department efforts in combatting retaliation and targets five 
issues:

 Standardizing Definitions of Retaliatory Behavior
 Closing the Gap in Knowledge: Data Collection and Analysis
 Building Strong and Supportive Systems of Investigation and 
Accountability
 Providing Comprehensive Support to Reporters
 Creating a Culture Intolerant of Retaliation

    In response to comments requesting clarification if and when 
collateral misconduct occurs when would this misconduct merit 
punishment, DoD notes Commanders have discretion to defer action on 
alleged collateral misconduct by sexual assault victims until final 
disposition of the sexual assault case. In doing so, commanders may 
consider the trauma to the victim. However, victims who are concerned 
about being punished for collateral misconduct may consult 
confidentially with a Special Victims' Counsel (SVC) or Victims' Legal 
Counsel (VLC). The SARC and SAPR VA are required to advise a victim of 
his/her ability to consult with an SVC/VLC during their initial 
contact, and the advisement is documented on DD Form 2910 ``Victim 
Reporting Preference Statement.''

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    This final rule has been designated as a ``not significant'' 
regulatory action, and not economically significant, under section 3(f) 
of Executive Order 12866. Accordingly, the rule has not been reviewed 
by the Office of Management and Budget (OMB).

Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs''

    This final rule is not an E.O. 13771 regulatory action because this 
rule is not significant under E.O. 12866.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

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. Section 
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

[[Page 42710]]

Reduction Act of 1995. OMB has approved these requirements under OMB 
Control Number 0704-0482, ``Defense Sexual Assault Incident Database.'' 
There are no changes in burden or content to this information 
collection with this final rule.
    The System of Records Notice for DHRA 06, Defense Sexual Assault 
Incident Database is available at https://www.gpo.gov/fdsys/pkg/FR-2015-11-04/pdf/2015-28081.pdf. The Privacy Impact Assessment (PIA) is 
available at https://www.dhra.mil/webfiles/docs/Privacy/PIA/DHRA.06.SAPRO.DSAID.7.15.2015.pdf; or https://www.dhra.mil/Headquarters/Privacy/PIA/.

Executive Order 13132, ``Federalism''

    It has been determined that this rule does have federalism 
implications, as set forth in Executive Order 13132, because it 
incorporates the preemption language in section 536 of Public Law 114-
92, which 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 DoD official. This rule does 
have substantial direct effects on: (a) The States; (b) the 
relationship between the National Government and the States; or (c) the 
distribution of power and responsibilities among the various levels of 
Government. DoD determined that it was impracticable and unnecessary to 
consult with state and local governments on the development of this 
regulation because any preemption was expressly mandated by statute, 
the restrictions on reporting personal identifying information was 
limited to military bases, and those restrictions have been in place in 
policy or statute for approximately the last 14 years.

List of Subjects in 32 CFR Part 103

    Crime, Health, Military personnel, Reporting and recordkeeping 
requirements.

0
Accordingly, 32 CFR part 103 is revised to read as follows:

PART 103--SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM

Sec.
103.1 Purpose.
103.2 Applicability.
103.3 Definitions.
103.4 Policy.
103.5 Responsibilities.
103.6 Reporting options and sexual assault reporting procedures.
103.7 Case management for unrestricted reports of sexual assault.

    Authority:  10 U.S.C. 113, and Public Laws 106-65, 108-375, 109-
163, 109-364, 110-417, 111-84, 111-383, 112-81, 112-239, 113-291, 
113-66,113-291, and 114-92.


Sec.  103.1  Purpose.

    This part is the Department of Defense's comprehensive SAPR program 
that provides policy guidance and assigns responsibilities for the 
prevention, response, and oversight of sexual assaults involving 
members of the U.S. Armed Forces and Reserve Component, to include the 
National Guard. The SAPR Program is supported by the policies 
identified in Appendix A to this part.


Sec.  103.2  Applicability.

    (a) This part applies to:
    (1) The Office of the Secretary of Defense, the Military 
Departments, the Office of the Chairman of the Joint Chiefs of Staff 
and the Joint Staff, the Combatant Commands, the Inspector General of 
the DoD (IG DoD), the Defense Agencies, the DoD Field Activities, and 
all other organizational entities within the DoD (hereafter referred to 
collectively as the ``DoD Components'').
    (2) National Guard and Reserve Component members who are sexually 
assaulted when performing active service, as defined in 10 U.S.C. 
101(d)(3), and inactive duty training. Refer to paragraph (c) of 
Appendix A to this part for information on how to access DoD internal 
policy containing additional SAPR and healthcare services provided to 
such personnel and eligibility criteria for Restricted Reporting.
    (3) 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. An adult military 
dependent may file unrestricted or restricted reports of sexual 
assault.
    (4) The following non-military personnel who are only eligible for 
limited healthcare (medical and mental health) services in the form of 
emergency care (see Sec.  103.3), unless otherwise eligible to receive 
treatment in a military medical treatment facility. They will also be 
offered the limited SAPR services of a Sexual Assault Response 
Coordinator (SARC) and a SAPR Victim Advocate (VA) while undergoing 
emergency care OCONUS. For further information see paragraph (c) of 
Appendix A to this part. These limited healthcare and SAPR services 
shall be provided to:
    (i) DoD civilian employees and their family dependents 18 years of 
age and older when they are stationed or performing duties OCONUS and 
eligible for treatment in the military healthcare system at military 
installations or facilities OCONUS. For further information see 
paragraph (c) of Appendix A to this part.
    (ii) U.S. citizen DoD contractor personnel when they are authorized 
to accompany the Armed Forces in a contingency operation OCONUS and 
their U.S. citizen employees (See 32 CFR part 158 and paragraph (c) of 
Appendix A to this part).
    (5) Service members who are on active duty but were victims of 
sexual assault prior to enlistment or commissioning. They are eligible 
to receive full SAPR services and either reporting option.
    (b) This part 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. For further information 
see paragraph (e) of Appendix A to this part.
    (c) This part supersedes all policy and regulatory guidance within 
the DoD not expressly mandated by law that is inconsistent with its 
provisions, or that would preclude execution.


Sec.  103.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purpose of this part.
    Accessions training. Training that a Service member receives upon 
initial entry into Military Service through basic military training.
    Case management group (CMG). A multi-disciplinary group that meets 
monthly to review individual cases of Unrestricted Reports of sexual 
assault. The group facilitates monthly victim updates and system 
coordination, program accountability, and victim access to quality 
services. At a minimum, each group shall consist of the following 
additional military or civilian professionals who are involved and 
working on a specific case: SARC, SAPR VA, military criminal 
investigator, DoD law enforcement, healthcare provider and mental 
health and counseling services, chaplain, command legal representative 
or SJA, and victim's commander.
    Certification. Refers to the process by which the Department 
credentials

[[Page 42711]]

SARCs and SAPR VAs, assesses the effectiveness of sexual assault 
advocacy capabilities using a competencies framework, and evaluates and 
performs oversight over SARC and SAPR VA training. The certification 
criteria are established by the Department in consultation with 
subject-matter experts.
    Collateral misconduct. Victim misconduct that might be in time, 
place, or circumstance associated with the victim's sexual assault 
incident. Collateral misconduct by the victim of a sexual assault is 
one of the most significant barriers to reporting assault because of 
the victim's fear of punishment. Some reported sexual assaults involve 
circumstances where the victim may have engaged in some form of 
misconduct (e.g., underage drinking or other related alcohol offenses, 
adultery, fraternization, or other violations of certain regulations or 
orders).
    Confidential communication. Oral, written, or electronic 
communications of personally identifiable information (PII) concerning 
a sexual assault victim and the sexual assault incident provided by the 
victim to the SARC, SAPR VA, or healthcare personnel in a Restricted 
Report. This confidential communication includes the victim's SAFE Kit 
and its information. See https://www.archives.gov/cui.
    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.
    Credible information. Information that, considering the source and 
nature of the information and the totality of the circumstances, is 
sufficiently believable to presume that the fact or facts in question 
are true.
    Credible report. Either a written or verbal report made in support 
of an Expedited Transfer that is determined to have credible 
information.
    Crisis intervention. Emergency non-clinical care aimed at assisting 
victims in alleviating potential negative consequences by providing 
safety assessments and connecting victims to needed resources. Either 
the SARC or SAPR VA will intervene as quickly as possible to assess the 
victim's safety and determine the needs of victims and connect them to 
appropriate referrals, as needed.
    Culturally competent care. Care that provides culturally and 
linguistically appropriate services.
    Defense Sexual Assault Incident Database (DSAID). A DoD database 
that captures uniform data provided by the Military Services and 
maintains all sexual assault data collected by the Military Services. 
This database shall be a centralized, case-level database for the 
uniform collection of data regarding incidence of sexual assaults 
involving persons covered by this part. DSAID will include information 
when available, or when not limited by Restricted Reporting, or 
otherwise prohibited by law, about the nature of the assault, the 
victim, the offender, and the disposition of reports associated with 
the assault. DSAID shall be available to the SAPRO and the DoD to 
develop and implement congressional reporting requirements. Unless 
authorized by law, or needed for internal DoD review or analysis, 
disclosure of data stored in DSAID will only be granted when disclosure 
is ordered by a military, Federal, or State judge or other officials or 
entities as required by law or applicable U.S. international agreement.
    Designated activity. The agency that processes PCS or PCA for 
Expedited Transfers.
    (1) Air Force: Air Force Personnel Center.
    (2) Army: Human Resources Command for inter-installation transfers 
and the installation personnel center for intra-installation transfers.
    (3) Navy: Bureau of Naval Personnel.
    (4) U.S. Marine Corps: The order writing section of Headquarters 
Marine Corps.
    (5) Air and Army National Guard: The NGB or the Joint Forces 
Headquarters-State for the State involved.
    Emergency. A situation that requires immediate intervention to 
prevent the loss of life, limb, sight, or body tissue to prevent undue 
suffering. Regardless of appearance, a sexual assault victim needs 
immediate medical intervention to prevent loss of life or undue 
suffering resulting from internal or external physical injuries, 
sexually transmitted infections, pregnancy, or psychological distress. 
Sexual assault victims shall be given priority as emergency cases 
regardless of evidence of physical injury.
    Emergency care. Emergency medical care includes physical and 
emergency psychological medical services and a SAFE consistent with the 
most current version of U.S. Department of Justice, Office on Violence 
Against Women, ``A National Protocol for Sexual Assault Medical 
Forensic Examinations, Adults/Adolescents.''
    Executive agent. The Head of a DoD Component to whom the Secretary 
of Defense or the Deputy Secretary of Defense has assigned specific 
responsibilities, functions, and authorities to provide defined levels 
of support for operational missions, or administrative or other 
designated activities that involve two or more of the DoD Components.
    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 treatment in military medical 
treatment facilities.
    Final disposition. Actions taken to resolve the reported incident, 
document case outcome, and address the misconduct by the alleged 
perpetrator, as appropriate. It includes, but is not limited to, 
military justice proceedings, nonjudicial punishment, or administrative 
actions, including separation actions taken in response to the offense, 
whichever is the most serious action taken.
    Gender-responsive care. Care that acknowledges and is sensitive to 
gender differences and gender-specific issues.
    Healthcare. Medical (physical) and mental healthcare.
    Healthcare personnel. Persons assisting or otherwise supporting 
healthcare providers in providing healthcare services (e.g., 
administrative personnel assigned to a military MTF). Includes all 
healthcare providers.
    Healthcare provider. Those individuals who are employed or assigned 
as healthcare professionals or are credentialed to provide healthcare 
services at an 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 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

[[Page 42712]]

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.
    Hospital facilities (Level 3). Minimum operational functions 
required for a Level 3 hospital include: Command, control, and 
communications; patient administration; nutritional care; supply and 
services; triage; emergency medical treatment; preoperative care; 
orthopedics; general surgery; operating rooms and central materiel and 
supply services; anesthesia; nursing services (to include intensive and 
intermediate care wards); pharmacy; clinical laboratory and blood 
banking; radiology services; and hospital ministry team services.
    Intimate partner. A person with whom the victim shares a child in 
common or with whom the victim shares or has shared a common domicile. 
For additional information see paragraph (e) of Appendix A to this 
part.
    Installation. A base, camp, post, station, yard, center, homeport 
facility for any ship, or other activity under the jurisdiction of the 
Department of Defense, including any leased facility. It does not 
include any facility used primarily for civil works, rivers and harbors 
projects, flood control, or other projects not under the primary 
jurisdiction or control of the Department of Defense. For additional 
information see paragraph (ii) of Appendix A to this part.
    Installation commander. Commander of a base, camp, post, station, 
yard, center, homeport facility for any ship, or other activity under 
the jurisdiction of the Department of Defense, including any leased 
facility. It does not include any facility used primarily for civil 
works, rivers and harbors projects, flood control, or other projects 
not under the primary jurisdiction or control of the Department of 
Defense.
    Law enforcement. Includes all DoD law enforcement units, security 
forces, and MCIOs.
    MCIOs. The U.S. Army Criminal Investigation Command, Naval Criminal 
Investigative Service, and Air Force Office of Special Investigations.
    Medical care. Includes physical and psychological medical services.
    Military OneSource. A DoD-funded program providing comprehensive 
information on every aspect of military life at no cost to active duty, 
National Guard, and Reserve members, and their families. Military 
OneSource has a mandatory reporting requirement.
    Military Services. The term, as used in the SAPR Program, includes 
Army, Air Force, Navy, Marines, Reserve Components, and their 
respective Military Academies.
    Non-participating victim. Victim choosing not to participate in the 
military justice system.
    Non-identifiable personal information. Non-identifiable personal 
information includes those facts and circumstances surrounding the 
sexual assault incident or that information about the individual that 
enables the identity of the individual to remain anonymous. In 
contrast, personal identifying information is information belonging to 
the victim and alleged assailant of a sexual assault that would 
disclose or have a tendency to disclose the person's identity.
    Official investigative process. The formal process a law 
enforcement organization uses to gather evidence and examine the 
circumstances surrounding a report of sexual assault.
    Open with limited information. Entry in DSAID to be used in the 
following situations: Victim refused or declined services, victim opt-
out of participating in investigative process, third-party reports, 
local jurisdiction refused to provide victim information, or civilian 
victim with military subject.
    Personal Identifiable Information. Includes the person's name, 
other particularly identifying descriptions (e.g., physical 
characteristics or identity by position, rank, or organization), or 
other information about the person or the facts and circumstances 
involved that could reasonably be understood to identify the person 
(e.g., a female in a particular squadron or barracks when there is only 
one female assigned).
    Qualifying conviction. A State or Federal conviction, or a finding 
of guilty in a juvenile adjudication, for a felony crime of sexual 
assault and any general or special court-martial conviction for a UCMJ 
offense, which otherwise meets the elements of a crime of sexual 
assault, even though not classified as a felony or misdemeanor within 
the UCMJ. In addition, any offense that requires registration as a sex 
offender is a qualifying conviction.
    Recovery-oriented care. Focus on the victim and on doing what is 
necessary and appropriate to support victim recovery, and also, if a 
Service member, to support that Service member to be fully mission 
capable and engaged.
    Responders. Includes first responders, who are generally composed 
of personnel in the following disciplines or positions: SARCs, SAPR 
VAs, healthcare personnel, law enforcement, and MCIOs. Other responders 
are judge advocates, chaplains, and commanders, but they are usually 
not first responders.
    Respond, response, or response capability. All locations, including 
deployed areas, have a 24 hour, 7 days per week, sexual assault 
response capability. The SARC shall be notified, respond, or direct a 
SAPR VA to respond, assign a SAPR VA, and offer the victim healthcare 
treatment and a SAFE. In geographic locations where there is no SARC 
onsite, the on-call SAPR VA shall respond, offer the victim healthcare 
treatment and a SAFE, and immediately notify the SARC of the sexual 
assault. The initial response is generally composed of personnel in the 
following disciplines or positions: SARCs, SAPR VAs, healthcare 
personnel, law enforcement, and MCIOs. Other responders are judge 
advocates, chaplains, and commanders. When victims geographically 
detached from a military installation, the SARC or SAPR VA will refer 
to local civilian providers or the DoD Safe Helpline for resources.
    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), and receive medical 
treatment, including emergency care, counseling, and assignment of a 
SARC and SAPR VA, without triggering an investigation. The victim's 
report provided to healthcare personnel (including the information 
acquired from a SAFE Kit), SARCs, or SAPR VAs will NOT be reported to 
law enforcement or to the command to initiate the official 
investigative process unless the victim consents or an established 
exception applies. The Restricted Reporting Program applies to Service 
members and their military dependents 18 years of age and older. 
Additional persons who may be entitled to Restricted Reporting are NG 
and Reserve members. DoD civilians and

[[Page 42713]]

contractors are only eligible to file an Unrestricted Report. Only a 
SARC, SAPR VA, or healthcare personnel may receive a Restricted Report, 
previously referred to as Confidential Reporting.
    Re-victimization. A pattern wherein the victim of abuse or crime 
has a statistically higher tendency to be victimized again, either 
shortly thereafter or much later in adulthood in the case of abuse as a 
child. This latter pattern is particularly notable in cases of sexual 
abuse.
    Safe Helpline. A crisis support service for members of the DoD 
community affected by sexual assault. The DoD Safe Helpline is 
available 24/7 worldwide with ``click, call, or text'' user options for 
anonymous and confidential support; can be accessed by logging on to 
www.safehelpline.org or by calling 1-877-995-5247, and through the Safe 
Helpline mobile application; is to be utilized as the sole DoD hotline. 
However, the local base and installation SARC or SAPR VA contact 
information is not replaced.
    Safety assessment. A set of guidelines and considerations post-
sexual assault that the responsible personnel designated by the 
Installation Commander can follow to determine if a sexual assault 
survivor is likely to be in imminent danger of physical or 
psychological harm as a result of being victimized by or reporting 
sexual assault(s). The guidelines and considerations consist of a 
sequence of questions, decisions, referrals, and actions that 
responders can enact to contribute to the safety of survivors during 
the first 72 hours after a report, and during other events that can 
increase the lethality risk for survivors (e.g., arrests or command 
actions against the alleged perpetrators). Types of imminent danger may 
include non-lethal, lethal, or potentially lethal behaviors; the 
potential harm caused by the alleged perpetrator, family/friend(s)/
acquaintance(s) of the alleged perpetrator, or the survivors themselves 
(e.g., harboring self-harm or suicidal thoughts). The safety assessment 
includes questions about multiple environments, to include home and the 
workplace. Survivors are assessed for their perception or experience of 
potential danger from their leadership or peers via reprisal or 
ostracism. The safety assessment contains a safety plan component that 
survivors can complete and take with them to help improve coping, 
social support, and resource access during their recovery period.
    SAPR Integrated Product Team (IPT). A team of individuals that 
advises the USD(P&R) and the Secretary of Defense on policies for 
sexual assault issues. The SAPR IPT serves as the implementation and 
oversight arm of the SAPR Program. It coordinates policy and reviews 
the DoD's SAPR policies and programs and monitors the progress of 
program elements. For additional information see paragraph (c) of 
Appendix A to this part.
    SAFE Kit. The medical and forensic examination of a sexual assault 
victim under circumstances and controlled procedures to ensure the 
physical examination process and the collection, handling, analysis, 
testing, and safekeeping of any bodily specimens and evidence meet the 
requirements necessary for use as evidence in criminal proceedings. The 
victim's SAFE Kit is treated as a confidential communication when 
conducted as part of a Restricted Report.
    SAPRO. Serves as the DoD's single point of authority, 
accountability, and oversight for the SAPR program, except for legal 
processes and criminal investigative matters that are the 
responsibility of the Judge Advocates General of the Military 
Departments and the IG, respectively.
    SAPR Program. A DoD program for the Military Departments and the 
DoD Components that establishes SAPR policies to be implemented 
worldwide. The program objective is an environment and military 
community intolerant of sexual assault.
    SAPR VA. A person who, as a victim advocate, shall provide non-
clinical crisis intervention, referral, and ongoing non-clinical 
support to adult sexual assault victims. Support will include providing 
information on available options and resources to victims. The SAPR VA, 
on behalf of the sexual assault victim, provides liaison assistance 
with other organizations and agencies on victim care matters and 
reports directly to the SARC when performing victim advocacy duties. 
Personnel who are interested in serving as a SAPR VA are encouraged to 
volunteer for this duty assignment.
    SARC. The single point of contact at an installation or within a 
geographic area who oversees sexual assault awareness, prevention, and 
response training; coordinates medical treatment, including emergency 
care, for victims of sexual assault; and tracks the services provided 
to a victim of sexual assault from the initial report through final 
disposition and resolution.
    Secondary victimization. The re-traumatization of the sexual 
assault, abuse, or rape victim. It is an indirect result of assault 
that occurs through the responses of individuals and institutions to 
the victim. The types of secondary victimization include victim 
blaming, inappropriate behavior or language by medical personnel and by 
other organizations with access to the victim post assault.
    Senior commander. An officer, usually in the grade of O-6 or 
higher, who is the commander of a military installation or comparable 
unit and has been designated by the Military Service concerned to 
oversee the SAPR Program.
    Service member. An active duty member of a Military Service. In 
addition, National Guard and Reserve Component members who are sexually 
assaulted when performing active service, as defined in 10 U.S.C. 
101(d)(3), and inactive duty training.
    Sexual assault. Intentional sexual contact characterized by use of 
force, threats, intimidation, or abuse of authority or when the victim 
does not or cannot consent. The term includes a broad category of 
sexual offenses consisting of the following specific UCMJ offenses: 
Rape, sexual assault, aggravated sexual contact, abusive sexual 
contact, forcible sodomy (forced oral or anal sex), or attempts to 
commit these acts.
    SVC. Attorneys who are assigned to provide legal services 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.
    SVIP capability. A distinct, recognizable group of appropriately 
skilled professionals, including MCIO investigators, judge advocates, 
victim witness assistance personnel, and administrative paralegal 
support personnel, who work collaboratively to:
    (1) Investigate and prosecute allegations of child abuse (involving 
sexual assault or aggravated assault with grievous bodily harm), 
domestic violence (involving sexual assault or aggravated assault with 
grievous bodily harm), and adult sexual assault (not involving domestic 
offenses)
    (2) Provide support for the victims of such offenses. For 
additional information see paragraph (bb) of Appendix A to this part.
    Trauma informed care. An approach to engage people with histories 
of trauma that recognizes the presence of trauma symptoms and 
acknowledges the role that trauma has played in their lives. Trauma-
informed services are based on an understanding of the vulnerabilities 
or triggers of trauma survivors that traditional service delivery 
approaches may exacerbate, so that these services and programs can be

[[Page 42714]]

more supportive and avoid re-traumatization.
    Victim. A person who asserts direct physical, emotional, or 
pecuniary harm as a result of the commission of a sexual assault. The 
term encompasses all persons 18 and over eligible to receive treatment 
in military medical treatment facilities.
    VLC. Attorneys who are assigned to provide legal services in 
accordance with section 1716 of Public Law 113-66, ``The National 
Defense Authorization Act for Fiscal Year 2014,'' 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.
    VWAP. Provides guidance for assisting victims and witnesses of 
crime from initial contact through investigation, prosecution, and 
confinement. Particular attention is paid to victims of serious and 
violent crime, including child abuse, domestic violence, and sexual 
misconduct. For additional information see paragraph (aa) of Appendix A 
to this part.


Sec.  103.4  Policy.

    (a) This part implements the DoD SAPR policy and the DoD SAPR 
Program Unrestricted and Restricted Reporting options are available to 
Service members and their adult military dependents. For further 
information see paragraph (c) of Appendix A to this part.
    (b) The DoD SAPR Program focuses on prevention, education and 
training, response capability (defined in Sec.  103.3), victim support, 
reporting procedures, and appropriate accountability.
    (c) While a sexual assault victim may disclose information to 
whomever he or she chooses, an official report is made only when a DD 
Form 2910 is signed and filed with a SARC or SAPR VA, or when a 
Military Criminal Investigative Organization (MCIO) investigator 
initiates an investigation.
    (d) For Restricted and Unrestricted Reporting purposes, a report 
can be made to healthcare personnel, but healthcare personnel then 
immediately contact the SARC or SAPR VA to fill out the DD Form 2910.
    (e) State laws or regulations that require disclosure of PII of the 
adult sexual assault victim or alleged perpetrator to local or State 
law enforcement shall not apply, except when reporting is necessary to 
prevent or mitigate a serious and imminent threat to the health or 
safety of an individual.
    (f) Unless a DD Form 2910 is filed with a SARC, a report to a 
Chaplain or military attorney may not result in the rendering of SAPR 
services or investigative action because of the privileges associated 
with speaking to these individuals. A Chaplain or military attorney 
should advise the victim to consult with a SARC to understand the full 
scope of services available or facilitate, with the victim's consent, 
contact with a SARC.
    (g) The SAPR Program shall:
    (1) Focus on the victim and on doing what is necessary and 
appropriate to support victim recovery, and also, if a Service member, 
to support that Service member to be fully mission capable and engaged. 
The SAPR Program shall provide care that is gender-responsive, 
culturally competent, and recovery-oriented. For further information 
see paragraph (c) of Appendix A to this part.
    (2) Not provide policy for legal processes within the 
responsibility of the Judge Advocates General of the Military 
Departments provided in 10 U.S.C. chapter 47 and the Manual for Courts-
Martial or for criminal investigative matters assigned to the IG DoD.
    (h) Standardized SAPR requirements, terminology, guidelines, 
protocols, and guidelines for instructional materials shall focus on 
awareness, prevention, and response at all levels as appropriate.
    (i) The terms ``Sexual Assault Response Coordinator (SARC)'' and 
``SAPR Victim Advocate (VA),'' as defined in Sec.  103.3, shall be used 
as standard terms throughout the DoD to facilitate communications and 
transparency regarding SAPR capacity. For further information regarding 
SARC and SAPR VA roles and responsibilities, see paragraph (c) of 
Appendix A to this part.
    (1) SARC. The SARC shall serve as the single point of contact for 
coordinating appropriate and responsive care for sexual assault 
victims. SARCs shall coordinate sexual assault victim care and sexual 
assault response when a sexual assault is reported. The SARC shall 
supervise SAPR VAs but may be called on to perform victim advocacy 
duties.
    (2) SAPR VA. The SAPR VA shall provide non-clinical crisis 
intervention and on-going support, in addition to referrals for adult 
sexual assault victims. Support will include providing information on 
available options and resources to victims.
    (j) An immediate, trained sexual assault response capability shall 
be available for each report of sexual assault in all locations, 
including in deployed locations. The response time may be affected by 
operational necessities but will reflect that sexual assault victims 
shall be treated as emergency cases. For further information see 
paragraph (c) of Appendix A to this part.
    (k) Victims of sexual assault shall be protected from coercion, 
retaliation, and reprisal. For additional information see paragraph (g) 
of Appendix A to this part.
    (l) Victims of sexual assault shall be protected, treated with 
dignity and respect, and shall receive timely access to comprehensive 
healthcare (medical and mental health) treatment, including emergency 
care treatment and services. For additional information see paragraph 
(c) of Appendix A to this part.
    (m) Emergency care for victims of sexual assault shall consist of 
emergency healthcare and the offer of a sexual assault forensic 
examination (SAFE). For additional information see paragraph (h) of 
Appendix A to this part.
    (1) Sexual assault patients shall be given priority and shall be 
treated as emergency cases. A sexual assault victim needs immediate 
medical intervention to prevent loss of life or suffering resulting 
from physical injuries (internal or external), sexually transmitted 
infections, pregnancy, and psychological distress. Individuals 
disclosing a recent sexual assault shall, with their consent, be 
quickly transported to the exam site, promptly evaluated, treated for 
serious injuries, and then, with the patient's consent, undergo a SAFE. 
For additional information see paragraph (ff) of Appendix A to this 
part.
    (2) Sexual assault patients shall be treated as emergency cases, 
regardless of whether physical injuries are evident. Patients' needs 
shall be assessed for immediate medical or mental health intervention. 
Sexual assault victims shall be treated uniformly regardless of their 
behavior because when severely traumatized, sexual assault patients may 
appear to be calm, indifferent, submissive, jocular, angry, emotionally 
distraught, or even uncooperative or hostile towards those who are 
trying to help. For additional information see paragraph (h) of 
Appendix A to this part.
    (n) There will be a safety assessment capability for the purposes 
of ensuring the victim, and possibly other persons, are not in physical 
jeopardy. A safety assessment will be available to all Service members, 
adult military dependents, and civilians who are eligible for SAPR 
services, even if the victim is not physically located on the 
installation. The installation

[[Page 42715]]

commander or the deputy installation commander will identify 
installation personnel who have been trained and are able to perform a 
safety assessment of each sexual assault victim, regardless of whether 
he or she filed a Restricted or Unrestricted Report. Individuals tasked 
to conduct safety assessments must occupy positions that do not 
compromise the victim's reporting options. The safety assessment will 
be conducted as soon as possible, understanding that any delay may 
impact the safety of the victim.
    (o) Service members and their dependents who are 18 years of age or 
older covered by this part who are sexually assaulted have two 
reporting options: Unrestricted or Restricted Reporting. Unrestricted 
Reporting of sexual assault is favored by the DoD. For additional 
information see paragraph (c) of Appendix A to this part. Protections 
are taken with PII solicited, collected, maintained, accessed, used, 
disclosed, and disposed during the treatment and reporting processes. 
For additional information see paragraph (j) of Appendix A to this 
part. The two reporting options are as follows:
    (1) Unrestricted Reporting allows an eligible person who is 
sexually assaulted to access healthcare and counseling and request an 
official investigation of the allegation using existing reporting 
channels (e.g., chain of command, law enforcement, healthcare 
personnel, the SARC). When a sexual assault is reported through 
Unrestricted Reporting, a SARC shall be notified as soon as possible, 
respond, assign a SAPR VA, and offer the victim healthcare and a SAFE.
    (2) Restricted Reporting allows sexual assault victims to 
confidentially disclose the assault to specified individuals (i.e., 
SARC, SAPR VA, or healthcare personnel), in accordance with this part, 
and receive healthcare treatment, including emergency care, counseling, 
and assignment of a SARC and SAPR VA, without triggering an official 
investigation. The victim's report to healthcare personnel (including 
the information acquired from a SAFE Kit), SARCs, or SAPR VAs will not 
be reported to law enforcement or to the victim's command, to initiate 
the official investigative process, unless the victim consents or an 
established exception exists in State laws or federal regulations. When 
a sexual assault is reported through Restricted Reporting, a SARC shall 
be notified as soon as possible, respond, assign a SAPR VA, and offer 
the victim healthcare and a SAFE. For additional information see 
paragraph (c) of Appendix A to this part).
    (i) Eligibility for Restricted Reporting. The Restricted Reporting 
option applies to Service members and their military dependents 18 
years of age and older. For additional information, see paragraph (c) 
of Appendix A to this part.
    (ii) DoD dual objectives. The DoD is committed to ensuring victims 
of sexual assault are protected; treated with dignity and respect; and 
provided support, advocacy, and care. The DoD also strongly supports 
applicable law enforcement and criminal justice procedures that enable 
persons to be held accountable for sexual assault offenses and criminal 
dispositions, as appropriate. To achieve these dual objectives, DoD 
preference is for Unrestricted Reporting of sexual assaults to allow 
for the provision of victims' services and to pursue accountability. 
However, Unrestricted Reporting may represent a barrier for victims to 
access services, when the victim desires no command or law enforcement 
involvement. Consequently, the DoD recognizes a fundamental need to 
provide a confidential disclosure vehicle via the Restricted Reporting 
option.
    (iii) Designated personnel authorized to accept a Restricted 
Report. Only the SARC, SAPR VA, or healthcare personnel are designated 
as authorized to accept a Restricted Report.
    (iv) SAFE confidentiality under Restricted Reporting. A SAFE and 
its information shall be afforded the same confidentiality as is 
afforded victim statements under the Restricted Reporting option. See 
paragraph (c) of Appendix A to this part for additional information.
    (v) Disclosure of confidential communications. In cases where a 
victim elects Restricted Reporting, the SARC, assigned SAPR VA, and 
healthcare personnel may not disclose confidential communications or 
SAFE Kit information to law enforcement or command authorities, either 
within or outside the DoD. In certain situations when information about 
a sexual assault comes to the commander's or law enforcement official's 
attention from a source independent of the Restricted Reporting avenues 
and an independent investigation is initiated, a SARC, SAPR VA, or 
healthcare personnel may not disclose confidential communications if 
obtained under Restricted Reporting. 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. See paragraph (c) of Appendix A to this part 
for additional information.
    (p) Eligible victims must be informed of the availability of legal 
assistance and the right to consult with an SVC/VLC in accordance with 
section 1716 of the NDAA for Fiscal Year (FY) 2014 (Pub. L. 113-66).
    (q) Enlistment or commissioning of personnel in the Military 
Services shall be prohibited and no waivers are allowed when the person 
has a qualifying conviction (see Sec.  103.3) for a crime of sexual 
assault.
    (r) The DoD shall provide support to an active duty Service member 
regardless of when or where the sexual assault took place.
    (s) Information regarding Unrestricted Reports should only be 
released to personnel with an official need to know or as authorized by 
law. Improper disclosure of confidential communications under 
Unrestricted Reporting or improper release of medical information are 
prohibited and may result in disciplinary action pursuant to the UCMJ 
or other adverse personnel or administrative actions.
    (t) The DoD will retain the DD Forms 2910, ``Victim Reporting 
Preference Statement,'' and 2911, ``DoD Sexual Assault Forensic 
Examination (SAFE) Report,'' for 50 years, regardless of whether the 
Service member filed a Restricted or Unrestricted Report as defined in 
this part. PII will be protected in accordance with 5 U.S.C. 552a, also 
known as the Privacy Act of 1974 (5 U.S.C. 552a) and 32 CFR part 310 
and Public Law 104-191.
    (u) For document retention and SAFE Kit retention for Unrestricted 
Reports:
    (1) The SARC will enter the Unrestricted Report DD Form 2910 in the 
DSAID (see Sec.  103.3) as an electronic record within 48 hours of the 
report, where it will be retained for 50 years from the date the victim 
signed the DD Form 2910. The DD Form 2910 is located at the DoD Forms 
Management Program website at https://www.esd.whs.mil/Directives/forms/.
    (2) The DD Form 2911 shall be retained in accordance with the 
Department's internal policies. For further information, see paragraph 
(n) of Appendix A to this part. The DD Form 2911 is located at the DoD 
Forms Management Program website at https://www.esd.whs.mil/Directives/forms/.
    (3) If the victim had a SAFE, the SAFE Kit will be retained for 5 
years in accordance with section 586 of Public Law 112-81, as amended 
by section 538 of Public Law 113-291. For further information see 
paragraph (n) of

[[Page 42716]]

Appendix A to this part. When the forensic examination is conducted at 
a civilian facility through a memorandum of understanding (MOU) or a 
memorandum of agreement (MOA) with the DoD, the requirement for the 
handling of the forensic kit will be explicitly addressed in the MOU or 
MOA. The MOU or MOA with the civilian facility will address the 
processes for contacting the SARC and for contacting the appropriate 
DoD agency responsible for accepting custody of the SAFE.
    (4) Personal property retained as evidence collected in association 
with a sexual assault investigation will be retained for a period of 5 
years. Personal property may be returned to the rightful owner of such 
property after the conclusion of all legal, adverse action and 
administrative proceedings related to such incidents in accordance with 
section 586 of the NDAA for FY 2012, as amended by section 538 of 
Public Law 113-291 and DoD regulations.
    (v) For document retention and SAFE Kit retention for Restricted 
Reports:
    (1) The SARC will retain a copy of the Restricted Report DD Form 
2910 for 50 years, consistent with DoD guidance for the storage of PII. 
The 50-year time frame for the DD Form 2910 will start from the date 
the victim signs the DD Form 2910. For Restricted Reports, forms will 
be retained in a manner that protects confidentiality.
    (2) If the victim had a SAFE, the Restricted Report DD Form 2911 
will be retained for 50 years, consistent with DoD guidance for the 
storage of PII. The 50-year time frame for the DD Form 2911 will start 
from the date the victim signs the DD Form 2910, but if there is no DD 
Form 2910, the timeframe will start from the date the SAFE Kit is 
completed. Restricted Report forms will be retained in a manner that 
protects confidentiality.
    (3) If the victim had a SAFE, the SAFE Kit will be retained for 5 
years in a location designated by the Military Service concerned. When 
the forensic examination is conducted at a civilian facility through an 
MOU or a MOA with the DoD, the requirement for the handling of the 
forensic kit will be explicitly addressed in the MOU or MOA. The MOU or 
MOA with the civilian facility will address the processes for 
contacting the SARC and for contacting the appropriate DoD agency 
responsible for accepting custody of the forensic kit. The 5-year time 
frame will start from the date the victim signs the DD Form 2910, but 
if there is no DD Form 2910, the timeframe will start from the date the 
SAFE Kit is completed.
    (4) Personal property retained as evidence collected in association 
with a sexual assault investigation will be retained for a period of 5 
years. In the event the report is converted to Unrestricted or an 
independent investigation is conducted, personal property may be 
returned to the rightful owner of such property after the conclusion of 
all legal, adverse action and administrative proceedings related to 
such incidents in accordance with section 586 of Public Law 112-81, as 
amended by section 538 of Public Law 113-291, and DoD regulations. 
However, victims who filed a Restricted Report may request the return 
of personal property obtained as part of the sexual assault forensic 
examination at any time in accordance with section 536 of Public Law 
116-92, and DoD regulations.


Sec.  103.5  Responsibilities.

    (a) In accordance with the authority in DoD policy (see paragraph 
(t) of Appendix A to this part), the Under Secretary of Defense for 
Personnel and Readiness (USD(P&R)) shall:
    (1) Develop overall policy and provide oversight for the DoD SAPR 
Program, except legal processes in the UCMJ and criminal investigative 
matters assigned to the Judge Advocates General of the Military 
Departments, the Staff Judge Advocate to the Commandant of the Marine 
Corps, and IG DoD, respectively.
    (2) Develop strategic program guidance, joint planning objectives, 
standard terminology, and identify legislative changes needed to ensure 
the future availability of resources in support of DoD SAPR policies.
    (3) Develop metrics to measure compliance and effectiveness of SAPR 
training, awareness, prevention, and response policies and programs. 
Analyze data and make recommendations regarding the SAPR policies and 
programs to the Secretaries of the Military Departments.
    (4) Monitor compliance with this part and internal policy (see 
paragraph (c) of Appendix A to this part), and coordinate with the 
Secretaries of the Military Departments regarding Service SAPR 
policies.
    (5) Collaborate with Federal and State agencies that address SAPR 
issues and serve as liaison to them as appropriate. Strengthen 
collaboration on sexual assault policy matters with U.S. Department of 
Veterans Affairs on the issues of providing high quality and accessible 
health care and benefits to victims of sexual assault.
    (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, ``National Defense Authorization Act 
for Fiscal Year 2012.'' The SAPRO Director is responsible for:
    (i) Implementing and monitoring compliance with DoD sexual assault 
policy on prevention and response, except for legal processes in 
accordance with paragraph (kk) of Appendix A to this part and Public 
Law 114-92, ``National Defense Authorization Act for Fiscal Year 
2016,'' and criminal investigative matters assigned to the Judge 
Advocates General of the Military Departments, the Staff Judge Advocate 
to the Commandant of the Marine Corps, and IG DoD, respectively.
    (ii) Providing technical assistance to the Heads of the DoD 
Components in addressing matters concerning SAPR.
    (iii) Acquiring quarterly and annual SAPR data from the Military 
Services, assembling annual congressional reports involving persons 
covered by this part and DoD Instruction 6495.02, and consulting with 
and relying on the Judge Advocates General of the Military Departments 
and the Staff Judge Advocate to the Commandant of the Marine Corps in 
questions concerning disposition results of sexual assault cases in 
their respective Departments.
    (iv) Establishing reporting categories and monitoring specific 
goals included in the annual SAPR assessments of each Military Service, 
in their respective Departments.
    (v) Overseeing the creation, implementation, maintenance, and 
function of the DSAID, an integrated database that will meet 
congressional reporting requirements, support Service SAPR Program 
management, and inform DoD SAPRO oversight activities.
    (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).
    (b) The Assistant Secretary of Defense for Health Affairs 
(ASD(HA)), under the authority, direction, and control of the USD(P&R), 
shall advise the USD(P&R) on DoD sexual assault healthcare

[[Page 42717]]

policies, clinical practice guidelines, related procedures, and 
standards governing DoD healthcare programs for victims of sexual 
assault. The ASD(HA) shall:
    (1) Direct that all sexual assault patients be given priority, so 
that they shall be treated as emergency cases.
    (2) Require standardized, timely, accessible, and comprehensive 
medical care at MTFs for eligible persons who are sexually assaulted.
    (3) Require that medical care be consistent with established 
community standards for the healthcare of sexual assault victims and 
the collection of forensic evidence from victims. For further 
information see paragraphs (h) and (ff) of Appendix A to this part.
    (4) Establish guidance for medical personnel that requires a SARC 
or SAPR VA to be called in for every incident of sexual assault for 
which treatment is sought at the MTFs, regardless of the reporting 
option.
    (c) The Director of Department of Defense Human Resources Activity 
(DoDHRA), under the authority, direction, and control of USD(P&R), 
shall provide operational support to the USD(P&R) as outlined in 
paragraph (a)(6) of this section.
    (d) The General Counsel of the DoD (GC DoD) shall provide legal 
advice and assistance on all legal matters, including the review and 
coordination of all proposed issuances and exceptions to policy and the 
review of all legislative proposals, affecting mission and 
responsibilities of the DoD SAPRO.
    (e) The Inspector General of the Department of Defense (IG DoD) 
shall:
    (1) Develop and oversee the promulgation of criminal investigative 
and law enforcement policy regarding sexual assault and establish 
guidelines for the collection and preservation of evidence with non-
identifiable personal information on the victim, for the Restricted 
Reporting process, in coordination with the ASD(HA).
    (2) Oversee criminal investigations of sexual assault conducted by 
the DoD Components.
    (3) Collaborate with the DoD SAPRO in the development of 
investigative policy in support of sexual assault prevention and 
response.
    (f) The Secretaries of the Military Departments shall:
    (1) Establish departmental policies and procedures to implement the 
SAPR Program consistent with the provisions of this part to include the 
military academies within their cognizance; monitor departmental 
compliance with this part and DoD internal policy. For further 
information see paragraph (c) of Appendix A to this part.
    (2) Coordinate all Military Service SAPR policy changes with the 
USD(P&R).
    (3) In coordination with the USD(P&R), implement recommendations 
regarding Military Service compliance and effectiveness of SAPR 
training, awareness, prevention, and response policies and programs.
    (4) Align Service SAPR strategic plans with the DoD SAPR Strategic 
Plan.
    (5) Align Service prevention strategies with the DoD Sexual Assault 
Prevention Strategy.
    (6) Utilize the terms ``Sexual Assault Response Coordinator 
(SARC)'' and ``SAPR Victim Advocate (VA),'' as defined in this part as 
standard terms to facilitate communications and transparency regarding 
sexual assault response capacity.
    (7) Establish the position of the SARC to serve as the SINGLE POINT 
OF CONTACT for ensuring that sexual assault victims receive appropriate 
and responsive care. The SARC should be a Service member, DoD civilian 
employee, or National Guard technician.
    (8) Direct that the SARC or a SAPR VA be immediately called in 
every incident of sexual assault on a military installation. There will 
be situations where a sexual assault victim receives medical care and a 
SAFE outside of a military installation through an MOU or MOA with a 
local private or public sector entity. In these cases, the MOU or MOA 
will require that a SARC be notified as part of the MOU or MOA.
    (9) Sexual assault victims shall be offered the assistance of a 
SARC and/or SAPR VA who has been credentialed by the D-SAACP. For 
further information see paragraph (w) of Appendix A to this part.
    (10) Establish and codify Service SAPR Program support to Combatant 
Commands and Defense Agencies, either as a host activity or in a 
deployed environment.
    (11) Provide SAPR Program and obligation data to the USD(P&R), as 
required.
    (12) Submit required data to DSAID. Require confirmation that a 
multi-disciplinary 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. For further information see paragraph (c) 
of Appendix A to this part.
    (13) Provide annual reports of sexual assaults involving persons 
covered by this part and DoD Instruction 6495.02 to the DoD SAPRO for 
consolidation into the annual report to Congress in accordance with 
section 577 of Public Law 108-375.
    (14) Provide data connectivity, or other means, to authorized users 
to ensure all sexual assaults reported in theater and other joint 
environments are incorporated into the DSAID, or authorized interfacing 
systems for the documentation of reports of sexual assault, as required 
by section 563 of Public Law 110-417.
    (15) Ensure that Service data systems used to report case-level 
sexual assault information into the DSAID are compliant with DoD data 
reporting requirements, pursuant to section 563 of Public Law 110-417.
    (16) Require extensive, continuing in-depth SAPR training for DoD 
personnel and specialized SAPR training for commanders, senior enlisted 
leaders, SARCs, SAPR VAs, investigators, law enforcement officials, 
chaplains, healthcare personnel, and legal personnel. For further 
information see paragraph (c) of Appendix A to this part.
    (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.
    (18) Oversee sexual assault training within the DoD law enforcement 
community.
    (19) Direct that Service military criminal investigative 
organizations require their investigative units to communicate with 
their servicing SARC and participate with the multi-disciplinary CMG. 
For further information see paragraph (c) of Appendix A to this part.
    (20) Establish procedures to ensure that, in the case of a general 
or special court-martial the trial counsel causes each qualifying 
victim to be notified of the opportunity to receive a copy of the 
record of trial (not to include sealed materials, unless approved by 
the presiding military judge or appellate court, classified 
information, or other portions of the record the release of which would 
unlawfully violate the privacy interests of any party, and without a 
requirement to include matters attached to the record under Rule for 
Courts-Martial (R.C.M.) 1103(b)(3) in U.S. Department of Defense, 
``Manual for Courts-Martial, United States''). A qualifying alleged 
victim is an individual named in a specification alleging an offense 
under Articles 120, 120b, 120c, or 125 of the UCMJ (10 U.S.C. 920, 
920b, 920c, or 925), or any attempt to commit such offense in violation 
of Article 80 of the

[[Page 42718]]

UCMJ (10 U.S.C. 880), if the court-martial resulted in any finding to 
that specification. If the alleged victim elects to receive a copy of 
the record of proceedings, it shall be provided without charge and 
within a timeframe designated by regulations of the Military Department 
concerned. The victim shall be notified of the opportunity to receive 
the record of the proceedings in accordance with R.C.M. 1103(g)(3)(C) 
in U.S. Department of Defense, ``Manual for Courts-Martial, United 
States''.
    (21) Require that a completed DD Form 2701, ``Initial Information 
for Victims and Witnesses of Crime,'' be distributed to the victim. (DD 
Form 2701 is located at the DoD Forms Management Program website at 
https://www.esd.whs.mil/Directives/forms/ and in DoD Instruction 
1030.2). For further information see paragraph (n) of Appendix A to 
this part.
    (22) When drafting MOUs or MOAs with local civilian medical 
facilities to provide DoD-reimbursable healthcare (to include 
psychological care) and forensic examinations for Service members and 
TRICARE eligible sexual assault victims, require commanders to include 
the following provisions:
    (i) Local private or public sector providers notify the SARC or 
SAPR VA.
    (ii) Local private or public sector providers shall have processes 
and procedures in place to assess that local community standards meet 
or exceed those set forth in U.S. Department of Justice, Office on 
Violence Against Women, ``A National Protocol for Sexual Assault 
Medical Forensic Examinations, Adults/Adolescents,'' current version as 
a condition of the MOUs or MOAs.
    (23) Comply with collective bargaining obligations, if applicable.
    (24) Provide SAPR training and education for civilian employees of 
the military departments in accordance with section 585 of Public Law 
112-81.
    (25) Require the SARCs and SAPR VAs to collaborate with designated 
Special Victim Investigation and Prosecution (SVIP) Capability 
personnel during all stages of the investigative and military justice 
process to ensure an integrated capability to the greatest extent 
possible. For further information see paragraphs (bb) and (cc) of 
Appendix A to this part.


Sec.  103.6  Reporting options and sexual assault reporting procedures.

    (a) Reporting options. Service members and military dependents 18 
years and older who have been sexually assaulted have two reporting 
options: Unrestricted or Restricted Reporting. Unrestricted Reporting 
of sexual assault is favored by the DoD. However, Unrestricted 
Reporting may represent a barrier for victims to access services, when 
the victim desires no command or DoD law enforcement involvement. 
Consequently, the DoD recognizes a fundamental need to provide a 
confidential disclosure vehicle via the Restricted Reporting option. 
Regardless of whether the victim elects Restricted or Unrestricted 
Reporting, DoD shall maintain confidentiality of medical information. 
For further information see paragraph (j) of Appendix A to this part. 
DoD civilian employees and their family dependents and DoD contractors 
are only eligible for Unrestricted Reporting and for limited emergency 
care medical services at an MTF, unless that individual is otherwise 
eligible as a Service member or TRICARE beneficiary of the military 
health system to receive treatment in an MTF at no cost to them in 
accordance with this part.
    (1) Unrestricted reporting. This reporting option triggers an 
investigation, command notification, and allows a person who has been 
sexually assaulted to access healthcare treatment and the assignment of 
a SARC and a SAPR VA. When a sexual assault is reported through 
Unrestricted Reporting, a SARC shall be notified, respond or direct a 
SAPR VA to respond, offer the victim healthcare treatment and a SAFE, 
and inform the victim of available resources. The SARC or SAPR VA will 
explain the contents of the DD Form 2910 and request that the victim 
elect a reporting option on the form. If the victim elects the 
Unrestricted Reporting option, a victim may not change from an 
Unrestricted to a Restricted Report. If the Unrestricted option is 
elected, the completed DD Form 2701, which sets out victims' rights and 
points of contact, shall be distributed to the victim in Unrestricted 
Reporting cases by DoD law enforcement agents. If a victim elects this 
reporting option, a victim may not change from an Unrestricted to a 
Restricted Report.
    (2) Restricted Reporting. This reporting option does not trigger an 
investigation. The command is notified that ``an alleged sexual 
assault'' occurred but is not given the victim's name or other 
personally identifying information. Restricted Reporting allows Service 
members and military dependents who are adult sexual assault victims to 
confidentially disclose the assault to specified individuals (SARC, 
SAPR VA, or healthcare personnel) and receive healthcare treatment and 
the assignment of a SARC and SAPR VA. A sexual assault victim can 
report directly to a SARC, who will respond or direct a SAPR VA to 
respond, offer the victim healthcare treatment and a SAFE, and explain 
to the victim the resources available through the DD Form 2910, where 
the reporting option is elected. The Restricted Reporting option is 
only available to Service members and adult military dependents. 
Restricted Reporting may not be available in a jurisdiction that 
requires mandatory reporting if a victim first reports to a civilian 
facility or civilian authority, which will vary by state, territory, 
and overseas agreements. See paragraph (c) of Appendix A to this part 
for additional information. However, section 536 of the NDAA for FY 
2016 preempts mandatory reporting laws, provided the victim first 
reports to an MTF, except when reporting is necessary to prevent or 
mitigate a serious and imminent threat to the health or safety of an 
individual, thereby preserving the Restricted Reporting option. If a 
victim elects this reporting option, a victim may convert a Restricted 
Report to an Unrestricted Report at any time. The conversion to an 
Unrestricted Report will be documented with a signature by the victim 
and the signature of the SARC or SAPR VA in the appropriate block on 
the DD Form 2910.
    (i) Only the SARC, SAPR VA, and healthcare personnel are designated 
as authorized to accept a Restricted Report. Healthcare personnel, to 
include psychotherapists and other personnel listed in Military Rule of 
Evidence (MRE) 513 of Office of the Chairman of the Joint Chiefs of 
Staff, ``DoD Dictionary of Military and Associated Terms,'' who 
received a Restricted Report (meaning that a victim wishes to file a DD 
Form 2910 or have a SAFE) shall contact a SARC or SAPR VA. For further 
information see paragraph (c) of Appendix A to this part.
    (ii) A SAFE and the information contained in its accompanying Kit 
are provided the same confidentiality as is afforded victim statements 
under the Restricted Reporting option. For further information see 
paragraph (c) of Appendix A to this part.
    (iii) The victim's decision not to participate in an investigation 
or prosecution will not affect access to SARC and SAPR VA services, 
medical and psychological care, or services from an SVC or VLC. These 
services shall be made available to all eligible sexual assault 
victims.
    (iv) If a victim approaches a SARC, SAPR VA, or healthcare provider 
and begins to make a report, but then changes his or her mind and 
leaves without signing the DD Form 2910 (the form where the reporting 
option is selected), the SARC, SAPR VA, or

[[Page 42719]]

healthcare provider is not under any obligation or duty to inform 
investigators or commanders about this report and will not produce the 
report or disclose the communications surrounding the report.
    (b) Disclosure of confidential communications. In cases where a 
victim elects Restricted Reporting, the SARC, SAPR VA, and healthcare 
personnel may not disclose confidential communications or the SAFE and 
the accompanying Kit to DoD law enforcement or command authorities, 
either within or outside the DoD. In certain situations, information 
about a sexual assault may come to the commander's or DoD law 
enforcement official's (to include MCIO's) attention from a source 
independent of the Restricted Reporting avenues and an independent 
investigation is initiated. In these cases, SARCs, SAPR VAs, and 
healthcare personnel are prevented from disclosing confidential 
communications under Restricted Reporting, unless an exception applies. 
An independent investigation does not, in itself, convert the 
Restricted Report to an Unrestricted Report. For further information 
see paragraph (c) of Appendix A to this part.
    (c) Independent investigations. Independent investigations are not 
initiated by the victim. If information about a sexual assault comes to 
a commander's attention from a source other than a victim (victim may 
have elected Restricted Reporting or where no report has been made by 
the victim), that commander shall immediately report the matter to an 
MCIO and an official (independent) investigation may be initiated based 
on that independently acquired information.
    (1) If there is an ongoing independent investigation, the sexual 
assault victim will no longer have the option of Restricted Reporting 
when:
    (i) DoD law enforcement informs the SARC of the investigation, and
    (ii) The victim has not already elected Restricted Reporting.
    (2) The timing of filing a Restricted Report is crucial. In order 
to take advantage of the Restricted Reporting option, the victim must 
file a Restricted Report by signing a DD Form 2910 before the SARC is 
informed of an ongoing independent investigation of the sexual assault.
    (i) If a SARC is notified of an ongoing independent investigation 
and the victim has not signed a DD Form 2910 electing Restricted 
Report, the SARC must inform the victim that the option to file a 
Restricted Report is no longer available. However, all communications 
between the victim and the victim advocate will remain privileged, 
subject to regulatory exceptions, except for the minimum necessary to 
make the Unrestricted Report.
    (ii) If an independent investigation begins after the victim has 
formally elected Restricted Reporting (by signing the DD Form 2910), 
the independent investigation has no impact on the victim's Restricted 
Report, and the victim's communications and SAFE Kit remain 
confidential, to the extent authorized by law and DoD regulations.
    (2) [Reserved]
    (d) Mandatory reporting laws and cases investigated by civilian law 
enforcement. Health care may be provided, and SAFE Kits may be 
performed in a civilian healthcare facility in civilian jurisdictions 
which may require certain personnel (usually health care personnel) to 
report the sexual assault to civilian agencies or law enforcement. In 
some cases, civilian law enforcement may take investigative 
responsibility for the sexual assault case, or the civilian 
jurisdiction may inform the military law enforcement or investigative 
community of a sexual assault that was reported to it. In such 
instances, it may not be possible for a victim to make a Restricted 
Report or it may not be possible to maintain the report as a Restricted 
Report. Consistent with the NDAA for FY 2016, to the extent possible, 
DoD will honor the Restricted Report; however, sexual assault victims 
need to be aware that the confidentiality afforded their Restricted 
Report is not guaranteed due to circumstances surrounding the 
independent investigation and requirements of individual State laws for 
civilian healthcare facilities.
    (e) Initiating medical care and treatment upon receipt of report. 
Healthcare personnel will initiate the emergency care and treatment of 
sexual assault victims, notify the SARC or the SAPR VA and make 
appropriate medical referrals for specialty care, if indicated. Upon 
receipt of a Restricted Report, only the SARC or the SAPR VA will be 
notified. There will be NO report to DoD law enforcement, a supervisory 
official, or the victim's chain of command by the healthcare personnel, 
unless an exception to Restricted Reporting applies or applicable law 
requires other officials to be notified. For further information see 
paragraph (c) of Appendix A to this part.
    (f) Victim's perception of the military justice system. The DoD 
seeks increased reporting by victims of sexual assault. The Restricted 
Reporting option is intended to give victims additional time and 
increased control over the release and management of their personal 
information and empowers them to seek relevant information and support 
to make more informed decisions about participating in the criminal 
investigation. A victim who receives support, appropriate care and 
treatment, and is provided an opportunity to make an informed decision 
about a criminal investigation is more likely to develop increased 
trust of the system which may increase a victim's desire to cooperate 
with an investigation and convert the Restricted Report to an 
Unrestricted Report.
    (g) Resources for victims to report retaliation, reprisal, 
ostracism, maltreatment, sexual harassment, or to request an expedited/
safety transfer or Military Protective Order (MPO)/Civilian Protective 
Order (CPO). SARCs and SAPR VAs must inform victims of the resources 
available to report allegations of retaliation, reprisal, ostracism, 
maltreatment, sexual harassment, or to request a transfer or MPO. If 
the allegation is criminal in nature and the victim filed an 
Unrestricted Report, the crime should be immediately reported to an 
MCIO, even if the crime is not something normally reported to an MCIO 
(e.g., victim's personal vehicle was defaced). Victims can seek 
assistance on how to report allegations by requesting assistance from:
    (1) A SARC or SAPR VA or SVC/VLC.
    (2) An SVC or VLC, trial counsel and VWAP, or a legal assistance 
attorney to facilitate reporting with a SARC or SAPR VA.
    (3) IG DoD, invoking whistle-blower protections. For further 
information see paragraph (g) of Appendix A to this part.
    (h) SARC procedures. The SARC shall:
    (1) Serve as the single point of contact to coordinate sexual 
assault response when a sexual assault is reported. All SARCs shall be 
authorized to perform victim advocate duties in accordance with 
Military Service regulations and will be acting in the performance of 
those duties.
    (2) Comply with DoD Sexual Assault Advocate Certification 
requirements.
    (3) Be trained in and understand the confidentiality requirements 
of Restricted Reporting and MRE 514. Training must include exceptions 
to Restricted Reporting and MRE 514.
    (4) Be authorized to accept reports of sexual assault along with 
the SAPR VA and healthcare personnel. For further information see 
paragraph (c) of Appendix A to this part.
    (5) Provide a 24 hour, 7 days per week, response capability to 
victims of sexual assault, to include deployed areas.

[[Page 42720]]

    (6) In accordance with policy, ensure a safety assessment is 
performed in every sexual assault case. For further information see 
paragraph (c) of Appendix A to this part.
    (i) SARCs shall respond to every Restricted and Unrestricted Report 
of sexual assault on a military installation, and the response shall be 
in person, unless otherwise requested by the victim. For further 
information see paragraph (c) of Appendix A to this part.
    (ii) Based on the locality, the SARC may ask the SAPR VA to respond 
and speak to the victim.
    (A) There will be situations where a sexual assault victim receives 
medical care and a SAFE outside of a military installation under an MOU 
or MOA with local private or public sector entities. In these cases, 
pursuant to the MOU or MOA the SARC or SAPR VA shall be notified, and a 
SARC or SAPR VA shall respond.
    (B) When contacted by the SARC or SAPR VA, a sexual assault victim 
can elect not to speak to the SARC or SAPR VA, or the sexual assault 
victim may ask to schedule an appointment at a later time to speak to 
the SARC or SAPR VA.
    (iii) SARCs shall provide a response that recognizes the high 
prevalence of pre-existing trauma (prior to the present sexual assault 
incident) and empowers an individual to make informed decisions about 
all aspects in the reporting process and to access available resources.
    (iv) SARCs shall provide a response that is gender-responsive, 
culturally competent, and recovery-oriented.
    (v) SARCs shall offer appropriate referrals to sexual assault 
victims and facilitate access to referrals. Provide referrals at the 
request of the victim.
    (A) Encourage sexual assault victims to follow-up with the 
referrals and facilitate these referrals, as appropriate.
    (B) In order to competently facilitate referrals, inquire whether 
the victim is a Reservist or an NG member to ensure that victims are 
referred to the appropriate geographic location.
    (7) Explain to the victim that the services of the SARC and SAPR VA 
are optional and these services may be declined, in whole or in part, 
at any time. The victim may decline advocacy services, even if the SARC 
or SAPR VA holds a position of higher rank or authority than the 
victim. Explain to victims the option of requesting a different SAPR VA 
(subject to availability, depending on locality staffing) or continuing 
without SAPR VA services.
    (i) Explain the available reporting options to the victim.
    (A) Assist the victim in filling out the DD Form 2910, where the 
victim elects to make a Restricted or Unrestricted Report. However, the 
victims, not the SARCs or SAPR VAs, must fill out the DD Form 2910. 
Explain that sexual assault victims have the right and ability to 
consult with an SVC/VLC before deciding whether to make a Restricted 
Report, Unrestricted Report, or no report at all. Additionally, the 
SARC or SAPR VA shall explain the eligibility requirements for an SVC/
VLC, as well as the option to request SVC or VLC services even if the 
victim does not fall within the eligibility requirements.
    (B) Inform the victim that the DD Form 2910 signed by the victim 
will be uploaded to DSAID and retained for 50 years in Unrestricted 
Reports. The DD Forms 2910 and 2911 filed in connection with the 
Restricted Report shall be retained for 50 years, in a manner that 
protects confidentiality.
    (C) The SARC or SAPR VA shall inform the victim of any local or 
State sexual assault reporting requirements that may limit the 
possibility of Restricted Reporting. At the same time, the victims 
shall be briefed about the protections and exceptions to MRE 514.
    (ii) Give the victim a hard copy of the DD Form 2910 with the 
victim's signature. Advise the victim to keep the copy of the DD Form 
2910 and the DD Form 2911 in their personal permanent records as these 
forms may be used by the victim in other matters before other agencies 
(e.g., Department of Veterans Affairs) or for any other lawful purpose.
    (iii) Explain SAFE confidentiality to victims and the 
confidentiality of the contents of the SAFE Kit. Inform the victim that 
information concerning the prosecution shall be provided to them. For 
further information see paragraph (aa) of Appendix A to this part.
    (iv) Activate victim advocacy 24 hours a day, 7 days a week, for 
all incidents of reported sexual assault occurring either on or off the 
installation involving Service members and other covered persons. For 
further information see paragraph (c) of Appendix A to this part.
    (v) Consult with command legal representatives, healthcare 
personnel, and MCIOs, (or when feasible, civilian law enforcement), to 
assess the potential impact of State laws or exceptions governing 
compliance with the Restricted Reporting option and develop or revise 
applicable MOUs and MOAs, as appropriate.
    (vi) Collaborate with MTFs within their respective areas of 
responsibility to establish protocols and procedures to direct 
notification of the SARC and SAPR VA for all incidents of reported 
sexual assault and facilitate ongoing training of healthcare personnel 
on the roles and responsibilities of the SARC and SAPR VAs.
    (vii) Collaborate with local private or public sector entities that 
provide medical care to Service members or TRICARE eligible 
beneficiaries who are sexual assault victims and a SAFE outside of a 
military installation through an MOU or MOA.
    (viii) Establish protocols and procedures with these local private 
or public sector entities to facilitate direct notification of the SARC 
for all incidents of reported sexual assault and facilitate training of 
healthcare personnel of local private or public sector entities on the 
roles and responsibilities of SARCs and SAPR VAs, for Service members 
and persons covered by this policy.
    (ix) Provide off installation referrals to civilian resources 
available to sexual assault victims, as needed.
    (x) Document and track the services referred to and requested by 
the victim from the time of the initial report of a sexual assault 
through the final case disposition or until the victim no longer 
desires services.
    (xi) Maintain in DSAID an account of the services referred to and 
requested by the victim for all reported sexual assault incidents, from 
medical treatment through counseling, and from the time of the initial 
report of a sexual assault through the final case disposition or until 
the victim no longer desires services. Should the victim return to the 
SARC or SAPR VA and request SAPR services after indicating that he or 
she no longer desired services, the case will be reopened and addressed 
at the CMG meeting.
    (xii) A SARC will open a case in DSAID as an ``Open with Limited 
Information'' case when there is no signed DD 2910 (e.g., an 
independent investigation or third-party report, or when a civilian 
victim alleged sexual assault with a Service member subject) to comply 
with section 563(d) of Public Law 110-417 and to ensure system 
accountability.
    (xiii) Participate in the CMG to review individual cases of 
Unrestricted Reports of sexual assault.
    (xiv) Offer victims the opportunity to participate in surveys 
asking for victim feedback on the reporting experience. Inform victims 
regarding what the survey will ask them and uses of the data collected.
    (i) SAPR VA procedures. (1) The SAPR VA shall:
    (i) Comply with DoD Sexual Assault Advocate Certification 
requirements in D-SAACP.

[[Page 42721]]

    (ii) Be trained in and understand the confidentiality requirements 
of Restricted Reporting and MRE 514. Training must include exceptions 
to Restricted Reporting and MRE 514.
    (iii) Facilitate care and provide referrals and non-clinical 
support to the adult victim of a sexual assault. Provide a response 
consistent with requirements for the SARC response. For further 
information see paragraph (c) of Appendix A to this part.
    (iv) Support will include providing information on available 
options and resources so the victim can make informed decisions about 
his or her case.
    (v) Be notified and immediately respond upon receipt of a report of 
sexual assault.
    (vi) Provide coordination and encourage victim service referrals 
and ongoing non-clinical support to the victim of a reported sexual 
assault and facilitate care in accordance with the Sexual Assault 
Response Protocols prescribed SAPR Policy Toolkit located on 
www.sapr.mil. Assist the victim in navigating those processes required 
to obtain care and services needed. It is neither the SAPR VA's role 
nor responsibility to be the victim's mental health provider or to act 
as an investigator.
    (vii) Report directly to the SARC while carrying out sexual assault 
advocacy responsibilities.
    (2) [Reserved]
    (j) Healthcare professional procedures. This paragraph (j) provides 
guidance on medical management of victims of sexual assault to ensure 
standardized, timely, accessible, and comprehensive healthcare for 
victims of sexual assault, to include the ability to elect a SAFE Kit. 
This policy is applicable to all MHS personnel who provide or 
coordinate medical care for victims of sexual assault covered by this 
part.
    (1) Require that a SARC be immediately notified when a victim 
discloses a sexual assault so that the SARC can inform the victim of 
both reporting options (Restricted and Unrestricted) and all available 
services (e.g., SVC/VLC, Expedited Transfers, Military Protective 
Orders, document retention mandates). The victim can then make an 
informed decision as to which reporting option to elect and which 
services to request (or none at all). The victim is able to decline 
services in whole or in part at any time.
    (2) There must be selection, training, and certification standards 
for healthcare providers performing SAFEs in MTFs.
    (i) Selection. (A) Have specified screening and selection criteria 
consistent with Public Law 112-81. For further information see 
paragraphs (h) and (ff) of Appendix A to this part.
    (B) In addition to the requirements in Public Law 104-191, licensed 
DoD providers eligible to take SAFE training must pass a National 
Agency Check that will determine if they have been convicted of sexual 
assault, child abuse, domestic violence, violent crime (as defined by 
the Federal Bureau of Investigation's Uniform Crime Reporting Program) 
or other felonies.
    (C) If the candidate is a non-licensed professional, he or she must 
meet the same screening standards as those for SARCs in the D-SAACP 
certification program.
    (ii) Training for healthcare providers performing SAFEs in MTFs. 
Healthcare providers who may be called on to provide comprehensive 
medical treatment to a sexual assault victim, including performing 
SAFEs, are: Obstetricians, gynecologists, and other licensed 
practitioners (preferably family physicians, emergency medicine 
physicians, and pediatricians); advanced practice nurses with 
specialties in midwifery, women's health, family health, and 
pediatrics; physician assistants trained in family practice or women's 
health; and registered nurses. These individuals must receive 
specialized training aimed at preparing them to proficiently perform 
the duties of conducting a SAFE.
    (A) In addition to the responder training requirements and the 
healthcare personnel training requirements, healthcare providers 
performing SAFEs shall be trained and remain proficient in conducting 
SAFEs.
    (B) All providers conducting SAFEs must have documented education, 
training, and clinical practice in sexual assault examinations. For 
further information see paragraphs (h) and (ff) of Appendix A to this 
part.
    (iii) Certification. (A) Provider must pass all selection and 
screening criteria.
    (B) Provider must submit documentation by trainer that healthcare 
provider has successfully completed SAFE training and is competent to 
conduct SAFEs independently. Documentation can be in the form of a 
certificate or be recorded in an electronic medical training tracking 
system.
    (C) Provider must obtain a letter of recommendation from her or his 
commander.
    (D) Upon successful completion of the selection, training, and 
certification requirements, the designated medical certifying authority 
will issue the certification for competency. Certification is good for 
3 years from date of issue and must be reassessed and renewed at the 
end of the 3-year period.
    (3) In cases of MTFs that do not have an emergency department that 
operates 24 hours per day, require that a sexual assault forensic 
medical examiner be made available to a patient of the facility when a 
determination is made regarding the patient's need for the services of 
a sexual assault medical forensic examiner. For further information see 
paragraphs (h) and (ff) of Appendix A to this part.
    (i) The MOU or MOA will require that a SARC be notified and that 
SAFE Kits be collected. For further information see paragraph (c) of 
Appendix A to this part.
    (ii) When the forensic examination is conducted at a civilian 
facility through an MOU or a MOA with the DoD, the requirements for the 
handling of the forensic kit will be explicitly addressed in the MOU or 
MOA. The MOU or MOA with the civilian facility will address the 
processes for contacting the SARC and for contacting the appropriate 
DoD agency responsible for accepting custody of the forensic kit.
    (4) Require that MTFs that provide SAFEs for Service members or 
TRICARE eligible beneficiaries through an MOU or MOA with private or 
public sector entities verify initially and periodically that those 
entities meet or exceed standards of the recommendations for conducting 
forensic exams of adult sexual victims. For further information see 
paragraphs (h) and (ff) of Appendix A to this part. In addition, verify 
that as part of the MOU or MOA, a SARC or SAPR VA is notified and 
responds and meets with the victim in a timely manner.
    (5) Require that medical providers providing healthcare to victims 
of sexual assault in remote areas or while deployed have access to the 
proper equipment for conducting forensic exams. For further information 
see paragraphs (h) and (ff) of Appendix A to this part.
    (6) Implement procedures to provide the victim information 
regarding the availability of a SAFE Kit, which the victim has the 
option of refusing. If performed in the MTF, the healthcare provider 
shall use a SAFE Kit and the most current edition of the DD Form 2911.
    (7) Require that care provided to sexual assault victims shall be 
gender-responsive, culturally competent, and recovery-oriented.
    (8) In the absence of a properly trained DoD healthcare provider, 
the

[[Page 42722]]

victim shall be offered the option to be transported to a non-DoD 
healthcare provider for the SAFE Kit, if the victim wants a forensic 
exam. Victims who are not beneficiaries of the Military Healthcare 
System shall be advised that they can obtain a SAFE Kit through a local 
civilian healthcare provider at no cost. For further information see 
paragraphs (h) and (ff) of Appendix A to this part.
    (9) Upon completion of the SAFE, the sexual assault victim shall be 
provided with a hard copy of the completed DD Form 2911. Advise the 
victim to keep the copy of the DD Form 2911 in his or her personal 
permanent records as this form may be used by the victim in other 
matters before other agencies (e.g., Department of Veterans Affairs) or 
for any other lawful purpose.
    (10) Require that healthcare personnel maintain the confidentiality 
of a Restricted Report to include communications with the victim, the 
SAFE, and the contents of the SAFE Kit, unless an exception to 
Restricted Reporting applies. For further information see paragraph (c) 
of Appendix A to this part.
    (11) Require that psychotherapy and counseling records and clinical 
notes pertaining to sexual assault victims contain only information 
that is required for diagnosis and treatment. Any record of an account 
of a sexual assault incident created as part of a psychotherapy 
exercise will remain the property of the patient making the disclosure 
and should not be retained within the psychotherapist's record.
    (i) Timely medical care. To comply with the requirement to provide 
timely medical care, the Surgeons General of the Military Departments 
shall provide sexual assault victims with priority treatment as 
emergency cases, regardless of evidence of physical injury, recognizing 
that every minute a patient spends waiting to be examined may cause 
loss of evidence and undue trauma. Priority treatment as emergency 
cases includes activities relating to access to healthcare, coding, and 
medical transfer or evacuation, and complete physical assessment, 
examination, and treatment of injuries, including immediate emergency 
interventions.
    (ii) Clinically stable. Require the healthcare provider to consult 
with the victim, once clinically stable, regarding further healthcare 
options to the extent eligible, which shall include, but are not 
limited to:
    (A) Testing, prophylactic treatment options, and follow-up care for 
possible exposure to human immunodeficiency virus and other sexually 
transmitted diseases or infections (STD/I).
    (B) Assessment of the risk of pregnancy, options for emergency 
contraception, and any follow-up care and referral services to the 
extent authorized by law.
    (C) Assessment of the need for behavioral health services and 
provisions for a referral, if necessary or requested by the victim.
    (k) Safe kit collection and preservation. For the purposes of the 
SAPR Program, forensic evidence collection and document and evidence 
retention shall be completed in accordance with established policy, 
taking into account the medical condition, needs, requests, and desires 
of each sexual assault victim covered by this part. For further 
information see paragraph (c) of Appendix A to this part.
    (1) Medical services offered to eligible victims of sexual assault 
include the ability to elect a SAFE in addition to the general medical 
management related to sexual assault response, to include medical 
services and mental healthcare.
    (2) The forensic component includes gathering information in DD 
Form 2911 from the victim for the medical forensic history, an 
examination, documentation of biological and physical findings, 
collection of evidence from the victim, and follow-up as needed to 
document additional evidence.
    (3) The process for collecting and preserving sexual assault 
evidence for the Restricted Reporting option is the same as the 
Unrestricted Reporting option, except that the Restricted Reporting 
option does not trigger the official investigative process, and any 
evidence collected has to be placed inside the SAFE Kit, which is 
marked with the RRCN in the location where the victim's name would have 
otherwise been written. The victim's SAFE and accompanying Kit is 
treated as a confidential communication under this reporting option. 
The healthcare provider shall encourage the victim to obtain referrals 
for additional medical, psychological, chaplain, victim advocacy, or 
other SAPR services, as needed. The victim shall be informed that the 
SARC will assist them in accessing SAPR services.
    (4) The SARC or SAPR VA shall inform the victim of any local or 
State sexual assault reporting requirements that may limit the 
possibility of Restricted Reporting before proceeding with the SAFE.
    (5) Upon completion of the SAFE in an Unrestricted Reporting case, 
the healthcare provider shall package, seal, and label the evidence 
container(s) with the victim's name and notify the MCIO. The SAFE Kit 
will be retained for 5 years in accordance with section 586 of Public 
Law 112-81. When the forensic examination is conducted at a civilian 
facility through an MOU or a MOA with the DoD, the requirement for the 
handling of the forensic kit will be explicitly addressed in the MOU or 
MOA. The MOU or MOA with the civilian facility will address the 
processes for contacting the SARC and for contacting the appropriate 
DoD agency responsible for accepting custody of the forensic kit. 
Personal property retained as evidence collected in association with a 
sexual assault investigation may be returned to the rightful owner of 
such property after the conclusion of all legal, adverse action and 
administrative proceedings related to such incidents in accordance with 
section 538 of Public Law 113-291.
    (6) MOUs and MOAs, with off-base, non-military facilities for the 
purposes of providing medical care to eligible victims of sexual 
assault shall include instructions for the notification of a SARC 
(regardless of whether a Restricted or Unrestricted Report of sexual 
assault is involved), and procedures for the receipt of evidence and 
disposition of evidence back to the DoD law enforcement agency or MCIO. 
For further information see paragraph (c) of Appendix A to this part.
    (7) Upon completion of the SAFE in a Restricted Reporting case, the 
healthcare provider shall package, seal, and label the evidence 
container(s) with the RRCN and store it in accordance with Service 
regulations. The SAFE Kit will be retained for 5 years in a location 
designated by the Military Service concerned. When the forensic 
examination is conducted at a civilian facility through an MOU or an 
MOA with the DoD, the requirement for the handling of the forensic kit 
will be explicitly addressed in the MOU or MOA. The MOU or MOA with the 
civilian facility will address the processes for contacting the SARC 
and for contacting the appropriate DoD agency responsible for accepting 
custody of the forensic kit. The 5-year time frame will start from the 
date the victim signs the DD Form 2910, but if there is no DD Form 
2910, the timeframe will start from the date the SAFE Kit is completed.
    (8) Any evidence and the SAFE Kit in Restricted Reporting cases 
shall be stored for 5 years from the date of the victim's Restricted 
Report of the sexual assault.
    (9) The SARC will contact the victim at the 1-year mark of the 
report to inquire whether the victim wishes to

[[Page 42723]]

change his or her reporting option to Unrestricted.
    (i) If the victim does not change to Unrestricted Reporting, the 
SARC will explain to the victim that the SAFE Kit will be retained for 
a total of 5 years from the time the victim signed the DD Form 2910 
(electing the Restricted Report) and will then be destroyed. The DD 
Forms 2910 and 2911 will be retained for 50 years in a manner that 
protects confidentiality. The SARC will emphasize to the victim that 
his or her privacy will be respected and he or she will not be 
contacted again by the SARC. The SARC will stress it is the victim's 
responsibility from that point forward, if the victim wishes to change 
from a Restricted to an Unrestricted Report, to affirmatively contact a 
SARC before the 5-year SAFE Kit retention period elapses.
    (ii) If the victim needs another copy of either of these forms, he 
or she can request it at this point, and the SARC shall assist the 
victim in accessing the requested copies within 7 business days. The 
SARC will document this request in the DD Form 2910.
    (iii) At least 30 days before the expiration of the 5-year SAFE Kit 
storage period, the DoD law enforcement or MCIO shall notify the 
installation SARC that the storage period is about to expire and 
confirm with the SARC that the victim has not made a request to change 
to Unrestricted Reporting or made a request for any personal effects.
    (iv) If there has been no change, then at the expiration of the 
storage period in compliance with established procedures for the 
destruction of evidence, the designated activity, generally the DoD law 
enforcement agency or MCIO, may destroy the evidence maintained under 
that victim's RRCN.
    (v) If, before the expiration of the 5-year SAFE Kit storage 
period, a victim changes his or her reporting preference to the 
Unrestricted Reporting option, the SARC shall notify the respective 
MCIO, which shall then assume custody of the evidence maintained by the 
RRCN from the DoD law enforcement agency or MCIO, pursuant to 
established chain of custody procedures. MCIO established procedures 
for documenting, maintaining, and storing the evidence shall thereafter 
be followed.
    (A) The DoD law enforcement agency, which will receive forensic 
evidence from the healthcare provider if not already in custody, and 
label and store such evidence shall be designated.
    (B) The designated DoD law enforcement agency must be trained and 
capable of collecting and preserving evidence in Restricted Reports 
prior to assuming custody of the evidence using established chain of 
custody procedures.
    (10) Evidence will be stored by the DoD law enforcement agency 
until the 5-year storage period for Restricted Reporting is reached or 
a victim changes to Unrestricted Reporting.


Sec.  103.7  Case management for unrestricted reports of sexual 
assault.

    (a) General. CMG oversight for Unrestricted Reports of adult sexual 
assaults is triggered by open cases in DSAID initiated by a DD Form 
2910 or an investigation initiated by an MCIO. In a case where there is 
an investigation initiated by an MCIO, but no corresponding 
Unrestricted DD Form 2910:
    (1) The SARC would have no information for the CMG members. During 
the CMG, the MCIO would provide case management information to the CMG, 
including the SARC.
    (2) The SARC would open a case in DSAID indicating the case status 
as ``Open with Limited Information.'' The SARC will only use 
information from the MCIO to initiate an ``Open with Limited 
Information'' case in DSAID. In the event that there was a Restricted 
Report filed prior to the independent investigation, the SARC will not 
use any information provided by the victim, since that information is 
confidential.
    (b) Procedures. (1) The CMG members shall carefully consider and 
implement immediate, short-term, and long-term measures to help 
facilitate and assure the victim's well-being and recovery from the 
sexual assault. They will closely monitor the victim's progress and 
recovery and strive to protect the victim's privacy, ensuring only 
those with an official need to know have the victim's name and related 
details. Consequently, where possible, each case shall be reviewed 
independently, bringing in only those personnel associated with the 
case, as well as the CMG chair and co-chair.
    (2) The CMG chair shall:
    (i) Confirm that the SARCs and SAPR VAs have what they need to 
provide an effective SAPR response to victims.
    (ii) Require an update of the status of each MPO.
    (iii) If the victim has informed the SARC of an existing CPO, the 
chair shall require the SARC to inform the CMG of the existence of the 
CPO and its requirements.
    (iv) After protective order documentation is presented at the CMG 
from the SARC or the SAPR VA, the DoD law enforcement agents at the CMG 
will document the information provided in their investigative case 
file, to include documentation for Reserve Component personnel in title 
10 status.
    (v) At every CMG meeting, the CMG Chair will ask the CMG members if 
the victim, victim's family members, witnesses, bystanders (who 
intervened), SARCs and SAPR VAs, responders, or other parties to the 
incident have experienced any incidents of retaliation, reprisal, 
ostracism, or maltreatment. If any allegations are reported, the CMG 
Chair will forward the information to the proper authority or 
authorities (e.g., MCIO, Inspector General, MEO). Discretion may be 
exercised in disclosing allegations of retaliation, reprisal, 
ostracism, or maltreatment when such allegations involve parties to the 
CMG. Retaliation, reprisal, ostracism, or maltreatment allegations 
involving the victim, SARCs, and SAPR VAs will remain on the CMG agenda 
for status updates, until the victim's case is closed or until the 
allegation has been appropriately addressed.
    (vi) The CMG chair will confirm that each victim receives a safety 
assessment as soon as possible. There will be a safety assessment 
capability. The CMG chair will identify installation personnel who have 
been trained and are able to perform a safety assessment of each sexual 
assault victim.
    (vii) The CMG chair will, if it has not already been done, 
immediately stand up a multi-disciplinary High-Risk Response Team if a 
victim is assessed to be in a high-risk situation. The purpose and the 
responsibility of the High-Risk Response Team is to continually monitor 
the victim's safety, by assessing danger and developing a plan to 
manage the situation.
    (viii) The High-Risk Response Team (HRRT) shall be chaired by the 
victim's immediate commander and, at a minimum, include the alleged 
offender's immediate commander; the victim's SARC and SAPR VA; the 
MCIO, the judge advocate, and the VWAP assigned to the case; victim's 
healthcare provider or mental health and counseling services provider; 
and the personnel who conducted the safety assessment. The 
responsibility of the HRRT members to attend the HRRT meetings and 
actively participate in them will not be delegated.

Appendix A to Part 103--Related Policies

    The SAPR Program is supported by the following policies:
    (a) DoD Directive 6495.01, ``Sexual Assault Prevention and 
Response (SAPR) Program,'' Change 3, April 11, 2017 (available at 
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/649501p.pdf).

[[Page 42724]]

    (b) Sections 101(d)(3) and 113, chapter 47,\1\ and chapter 80 of 
title 10, United States Code.
---------------------------------------------------------------------------

    \1\ Chapter 47 is also known and referred to in this part as 
``The Uniform Code of Military Justice (UCMJ).''
---------------------------------------------------------------------------

    (c) DoD Instruction 6495.02, ``Sexual Assault Prevention and 
Response (SAPR) Program Procedures,'' May 24, 2017, as amended 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/649502p.pdf).
    (d) 32 CFR part 158, ``Operational Contract Support.''
    (e) DoD Manual 6400.01, Volume 2, ``Family Advocacy Program 
(FAP): Child Abuse and Domestic Abuse Incident Reporting System,'' 
August 11, 2016 (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/640001m_vol2.pdf).
    (f) Public Law 114-92, ``National Defense Authorization Act for 
Fiscal Year 2016,'' November 25, 2015.
    (g) DoD Directive 7050.06, ``Military Whistleblower 
Protection,'' April 17, 2015 (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/705006p.pdf).
    (h) U.S. Department of Justice, Office on Violence Against 
Women, ``A National Protocol for Sexual Assault Medical Forensic 
Examinations, Adults/Adolescents,'' current version (available at 
https://www.ncjrs.gov/pdffiles1/ovw/241903.pdf).
    (i) 32 CFR part 310, ``DoD Privacy Program.''
    (j) DoD Manual 6025.18, ``Implementation of the Health Insurance 
Portability and Accountability Act (HIPAA) Privacy Rule in DOD 
Health Care Programs,'' March 13, 2019 (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/602518m.pdf?ver=2019-03-13-123513-717).
    (k) Public Law 113-66, ``The National Defense Authorization Act 
for Fiscal Year 2014,'' December 2013.
    (l) Title 5, United States Code.
    (m) Public Law 104-191, ``Health Insurance Portability and 
Accountability Act of 1996,'' August 21, 1996.
    (n) DoD Instruction 5505.18, ``Investigation of Adult Sexual 
Assault in the Department of Defense,'' March 22, 2017, as amended 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/550518p.pdf?ver=2018-02-13-125046-630).
    (o) Sections 584, 585, and 586 of Public Law 112-81, ``National 
Defense Authorization Act for Fiscal Year 2012,'' December 31, 2011.
    (p) Public Law 113-291, ``Carl Levin and Howard P. `Buck' McKeon 
National Defense Authorization Act for Fiscal Year 2015,'' December 
29, 2014.
    (q) DoD Manual 8910.01, Volume 1, ``DoD Information Collections 
Manual: Procedures for DoD Internal Information Collections,'' June 
30, 2014, as amended (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/891001m_vol1.pdf).
    (r) Public Law 110-417, ``The Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009,'' October 14, 2008.
    (s) DoD Instruction 5545.02, ``DoD Policy for Congressional 
Authorization and Appropriations Reporting Requirements,'' December 
19, 2008 (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/554502p.pdf).
    (t) DoD Directive 5124.02, ``Under Secretary of Defense for 
Personnel and Readiness (USD(P&R)),'' June 23, 2008 (available at 
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/512402p.pdf).
    (u) Public Law 112-81, ``National Defense Authorization Act for 
Fiscal Year 2012,'' December 31, 2011.
    (v) Department of Defense 2014-2016 Sexual Assault Prevention 
Strategy,'' April 30, 2014, https://www.sapr.mil/index.php/prevention.
    (w) DoD Instruction 6495.03, ``Defense Sexual Assault Advocate 
Certification Program (D-SAACP),'' September 10, 2015 (available at 
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/649503p.pdf).
    (x) Section 577 of Public Law 108-375, ``Ronald Reagan National 
Defense Authorization Act for Fiscal Year 2005,'' October 28, 2004.
    (y) U.S. Department of Defense, ``Manual for Courts-Martial, 
United States,'' current edition (available at https://jsc.defense.gov/Portals/99/Documents/MCM2016.pdf?ver=2016-12-08-181411-957).
    (z) Title 10, United States Code.
    (aa) DoD Instruction 1030.2, ``Victim and Witness Assistance 
Procedures,'' June 4, 2004 (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/103002p.pdf).
    (bb) DoD Instruction 5505.19, ``Establishment of Special Victim 
Investigation and Prosecution (SVIP) Capability within the Military 
Criminal Investigative Organizations (MCIOs),'' February 3, 2015, as 
amended (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/550519p.pdf).
    (cc) Directive-type Memorandum 14-003, ``DoD Implementation of 
Special Victim Capability (SVC) Prosecution and Legal Support,'' 
February 12, 2014, as amended (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dtm/DTM14003_2014.pdf).
    (dd) Title 32, United States Code.
    (ee) Sections 561, 562, and 563 of Public Law 110-417, ``Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009,'' 
October 14, 2008.
    (ff) U.S. Department of Justice, Office on Violence Against 
Women, ``National Training Standards for Sexual Assault Medical 
Forensic Examiners,'' current version (available at https://www.ncjrs.gov/pdffiles/ovw/241903).
    (gg) DoD Instruction 6025.13, ``Medical Quality Assurance (MQA) 
and Clinical Quality Management in the Military Health System 
(MHS),'' February 17, 2011, as amended (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/602513p.pdf).
    (hh) Office of the Chairman of the Joint Chiefs of Staff, ``DoD 
Dictionary of Military and Associated Terms,'' current edition 
(available at https://www.jcs.mil/Portals/36/Documents/Doctrine/pubs/dictionary.pdf).
    (ii) DoD 4165.66-M, ``Base Redevelopment and Realignment 
Manual,'' March 1, 2006 (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/416566m.pdf).
    (jj) Public Law 111-84, National Defense Authorization Act for 
Fiscal Year 2010.
    (kk) 10 U.S.C. Chapter 47, Uniform Code of Military Justice.

    Dated: June 18, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-13513 Filed 7-14-20; 8:45 am]
BILLING CODE 5001-06-P