Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 29569 

authorized by statutory authority providing 

export authority notwithstanding the Arms 

Export Control Act. 

(b) This section does not authorize 

any department or agency of the U.S. 

government to make any export that is 

otherwise prohibited by virtue of other 

administrative provisions or by any 

statute. 

(c) An Electronic Export Information 

(EEI) filing, required under § 123.22 of 

this subchapter, and a written statement 

by the exporter certifying that these 

requirements have been met must be 

presented at the time of export to the 

appropriate Port Directors of U.S. 

Customs and Border Protection or 

Department of Defense transmittal 

authority. For any export made pursuant 

to paragraph (a)(1) of this section, the 

shipment documents (bill of lading, 

airway bill, or other transportation 

documents) must include the following 

statement: 

‘‘For official use by [insert U.S. 

government department or agency]. 

Property will not enter the trade of the 

country to which it is shipped. No 

export license required per CFR Title 

22, section 126.4. U.S. government point 

of contact: [insert name and telephone 

number]’’. 

■ 18. Section 126.9 is amended by 

revising paragraph (a) to read as follows: 

§ 126.9 Advisory opinions and related 

authorizations. 

(a) Advisory opinion. A person may 

request information from the Directorate 

of Defense Trade Controls on whether it 

would likely grant a license or other 

approval for a particular defense article 

or defense service to a particular 

country. Such information from the 

Directorate of Defense Trade Controls is 

issued on a case-by-case basis and 

applies only to the particular matters 

presented to the Directorate of Defense 

Trade Controls. These opinions are not 

binding on the Department of State and 

may not be used in future matters before 

the Department. A request for an 

advisory opinion must be made in 

writing and must outline in detail the 

equipment, its usage, the security 

classification (if any) of the articles or 

related technical data, and the country 

or countries involved. 

* * * * * 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2015–12295 Filed 5–21–15; 8:45 am] 

BILLING CODE 4710–25–P 

COURT SERVICES AND OFFENDER 

SUPERVISION AGENCY FOR THE 

DISTRICT OF COLUMBIA 

28 CFR Part 810 

RIN 3225–AA00 

Community Supervision: 

Administrative Sanctions and GPS 

Monitoring as a Supervision Tool 

AGENCY: Court Services and Offender 

Supervision Agency for the District of 

Columbia. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Court 

Services and Offender Supervision 

Agency for the District of Columbia 

(CSOSA) is proposing to amend its 

current rule regarding the conditions of 

release requirements for offenders under 

CSOSA supervision. In addition, 

CSOSA will expand the language of the 

regulation to detail and provide notice 

of when CSOSA Community 

Supervision Officers will use electronic 

monitoring as a tool to assist in 

supervision. 

DATES: Comments must be submitted 

July 21, 2015. 

ADDRESSES: Address all comments 

concerning this proposed rule to the 

Office of General Counsel, CSOSA, 13th 

Floor, 633 Indiana Avenue NW., 

Washington, DC 20004. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Carrigg, Assistant General 

Counsel, at (202) 220–5352 or by email 

at stephanie.carrigg@csosa.gov. 

Questions about this publication are 

welcome, but inquiries concerning 

individual cases cannot be answered 

over the telephone. 

SUPPLEMENTARY INFORMATION: The Court 

Services and Offender Supervision 

Agency for the District of Columbia 

(CSOSA) is proposing to amend its 

regulations concerning the conditions of 

release requirements for offenders under 

CSOSA supervision. Specifically, these 

regulations pertain to the conditions of 

release that are imposed on an offender 

when under CSOSA supervision; 

specifically, the requirement to 

maintain a certain frequency of face-toface contact with one’s community 

supervision officer, and the conditions 

of release that are articulated in the 

accountability contract that the offender 

signs with CSOSA. These regulations 

also detail the consequences that an 

offender may face for violating the 

conditions of his or her supervision. 

With this amendment, CSOSA will 

revise the language to reflect that the 

regulations apply to probationers as 

well as parolees, and to offenders who 

are under supervised release. In 

addition, CSOSA will expand the 

language of the regulation to detail and 

provide notice of when CSOSA 

Community Supervision Officers will 

use electronic monitoring as a tool to 

assist in supervision. Currently, the 

regulations only reference electronic 

monitoring as an administrative 

sanction for an offender who has 

violated the general or specific 

conditions of release or who has 

engaged in criminal activity. The 

amended language will specify the 

circumstances under which electronic 

monitoring is used as a supervision tool, 

including but not limited to: instances 

when CSOSA’s Community Supervision 

Services (CSS) Division issues directives 

to place offenders who fit a certain 

criminal behavioral pattern on 

electronic monitoring; and instances 

when CSS makes an individualized 

determination to place an offender on 

electronic monitoring based on an 

offender’s noncompliance with the 

conditions of his supervised release or 

for other extenuating circumstances. 

Matters of Regulatory Procedure 

Administrative Procedure Act 

CSOSA is publishing the proposed 

rule for notice and comment as required 

by 5 U.S.C. 553(b)(3)(B). 

Executive Order 12866 

CSOSA has determined that the 

proposed rule is not a significant rule 

within the meaning of Executive Order 

12866. 

Executive Order 13132 

The proposed rule will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Under Executive 

Order 13132, this rule does not have 

sufficient federalism implications 

requiring a Federalism Assessment. 

Regulatory Flexibility Act 

The proposed rule will not have a 

significant economic impact upon a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 605(b). 

Unfunded Mandates Reform Act of 1995 

The proposed rule will not cause 

State, local, or tribal governments, or the 

private sector, to spend $100,000,000 or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. No action under the 

Unfunded Mandates Reform Act of 1995 

is necessary. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
29570 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (Subtitle E— 

Congressional Review Act) 

The proposed rule is not a ‘‘major 

rule’’ as defined by Section 804 of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 Subtitle E— 

Congressional Review Act), now 

codified at 5 U.S.C. 804(2). The rule will 

not result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on the ability 

of United States-based companies to 

compete with foreign-based companies. 

Moreover, this is a rule of agency 

practice or procedure that does not 

substantially affect the rights or 

obligations of non-agency parties, and 

does not come within the meaning of 

the term ‘‘rule’’ as used in Section 

804(3)(C), now codified at 5 U.S.C. 

804(3)(C). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

Authority: D.C. Code 24–1233(b)(2)(B). 

List of Subjects in 28 CFR Part 810 

Probation and parole. 

For the reasons set forth in the 

preamble, CSOSA proposes to revise 28 

CFR part 810 to read as follows: 

Part 810—Community Supervision: 

Administrative Sanctions and GPS 

Monitoring as a Supervision Tool 

Sec. 

810.1 Supervision contact requirements. 

810.2 Accountability contract. 

810.3 Consequences of violating the 

conditions of supervision. 

810.4 Community supervision: Global 

Position System monitoring. 

Authority: Pub. L. 105–33, 111 Stat. 712 

(D.C. Code 24–1233(b)(2)(B)). 

§ 810.1 Supervision contact requirements. 

If you are an offender under 

supervision by the Court Services and 

Offender Supervision Agency for the 

District of Columbia (‘‘CSOSA’’), 

CSOSA will establish a supervision 

level for you and your minimum contact 

requirement (that is, the minimum 

frequency of face-to-face interactions 

between you and a Community 

Supervision Officer (‘‘CSO’’)). 

§ 810.2 Accountability contract. 

(a) Your CSO will instruct you to 

acknowledge your responsibilities and 

obligations of being under supervision 

(whether through probation, parole, or 

supervised release as granted by the 

releasing authority) by agreeing to an 

accountability contract with CSOSA. 

(b) The CSO is responsible for 

monitoring your compliance with the 

conditions of supervision. The 

accountability contract identifies the 

following specific activities constituting 

substance abuse or non-criminal 

violations of your conditions of 

supervision. The activities that 

constitute violations include, but are not 

limited to, the activities listed in 

paragraphs (b)(1) and (2) of this section. 

(1) Substance abuse violations. (i) 

Having a positive drug test. 

(ii) Failing to report for drug testing. 

(iii) Failing to appear for treatment 

sessions. 

(iv) Failing to complete inpatient/ 

outpatient treatment programming. 

(2) Non-criminal violations. (i) Failing 

to report to the CSO. 

(ii) Leaving the judicial district 

without the permission of the CSO. 

(iii) Failing to work regularly or 

attend training and/or school. 

(iv) Failing to notify the CSO of a 

change of address and/or employment. 

(v) Frequenting places where 

controlled substances are illegally sold, 

used, distributed, or administered. 

(vi) Associating with persons engaged 

in criminal activity. 

(vii) Associating with a person 

convicted of a felony without the 

permission of the CSO. 

(viii) Failing to notify the CSO within 

48 hours of being arrested or questioned 

by a law enforcement officer. 

(ix) Entering into an agreement to act 

as an informer or act in a confidential 

relationship with a law enforcement 

agency without the permission of the 

releasing authority. 

(x) Failing to adhere to any general or 

special condition of release. 

(c) The accountability contract will 

identify a schedule of administrative 

sanctions (see § 810.3(b)) that may be 

imposed for your first violation and for 

subsequent violations. 

(d) The accountability contract will 

provide for positive reinforcements for 

compliant behavior. 

§ 810.3 Consequences of violating the 

conditions of supervision. 

(a) If your CSO has reason to believe 

that you are failing to abide by the 

general or specific conditions of release 

or you are engaging in criminal activity, 

you will be in violation of the 

conditions of your supervision. Your 

CSO may then impose administrative 

sanctions (see paragraph (b) of this 

section) and/or request a hearing by the 

releasing authority. This hearing may 

result in the revocation of your release 

or changes to the conditions of your 

release. 

(b) Administrative sanctions available 

to the CSO include, but are not limited 

to: 

(1) Agency or releasing authority 

reprimand (oral or written) 

(2) Daily check-in with Agency 

supervision for a specified period of 

time; 

(3) Increased group activities for a 

specified period of time; 

(4) Increased drug testing; 

(5) Increased supervision contact 

requirements; 

(6) Referral for substance abuse 

addiction or other specialized 

assessments; 

(7) Global Position System (GPS) 

monitoring for a specified period of 

time; 

(8) Community service for a specified 

number of hours; 

(8) Placement in a residential 

sanctions facility or residential 

treatment facility for a specified period 

of time; and 

(9) Travel restrictions. 

(c) You remain subject to further 

action by the releasing authority. For 

example, the releasing authority may 

override the imposition of any of the 

sanctions in paragraph (b) of this section 

and issue a warrant or summons if it 

finds that you are a risk to the public 

safety or that you are not complying in 

good faith with the sanctions (see 28 

CFR 2.85(a)(15)). 

§ 810.4 Community supervision: Global 

Position System monitoring. 

(a) In addition to being placed on 

Global Position System (GPS) 

monitoring as a condition of release (see 

28 CFR 2.85(b); DC Code section 24– 

131(a)(3)), or as an administrative 

sanction, (see § 810.3(b)), CSOSA may 

place you on GPS monitoring as a tool 

to assist with your supervision. 

Circumstances under which a CSO may 

place you on GPS monitoring include, 

but are not limited to, the following 

events: 

(1) CSS-issued directives to place 

offenders who fit a certain profile on 

GPS monitoring. Pursuant to 

intelligence received or deterrence 

efforts initiated by law enforcement, 

CSOSA may elect to place a group of 

offenders that fit a certain criminal 

behavioral pattern on GPS monitoring. 

Separately, and as a result of 

information that is already in the 

Agency’s possession, CSOSA may issue 

directives to supervision staff to place 

offenders who meet certain 

characteristics on GPS monitoring. In all 

of the aforementioned instances, the 

decision to place a group of offenders on 

GPS monitoring ultimately rests with 

CSOSA. 

(2) Individualized determinations to 

place offenders on GPS monitoring. 

CSOs make individualized 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 29571 

determinations as to whether to place 

offenders on GPS monitoring. If an 

offender is engaged in behavior that 

puts the offender at a high risk for 

reoffending or for harm to the offender 

or others, the offender’s CSO may elect 

to place that offender on GPS 

monitoring. In all of the aforementioned 

instances, the decision to place an 

offender on GPS monitoring ultimately 

lies with the CSO, although it is subject 

to review and approval by the CSO’s 

supervisory chain of command. 

(b) Unless the releasing authority 

specifies a different timeframe, CSOSA 

will place an offender on GPS 

monitoring for an initial period of thirty 

(30) days. An offender’s CSO may 

extend the monitoring period for up to 

ninety (90) days. Extensions past ninety 

(90) days may be done in thirty (30) day 

increments and must be reviewed and 

approved by a Supervisory CSO (SCSO). 

Dated: May 15, 2015. 

Diane Bradley, 

Assistant General Counsel. 

[FR Doc. 2015–12204 Filed 5–21–15; 8:45 am] 

BILLING CODE 3129–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 114 

[Docket ID: DOD–2014–OS–0131] 

RIN 0790–AJ31 

Victim and Witness Assistance 

AGENCY: Under Secretary of Defense for 

Personnel and Readiness (USD(P&R)), 

DoD. 

ACTION: Proposed rule. 

SUMMARY: This regulatory action 

updates established policy, assigned 

responsibilities, and prescribed 

procedures for the rights of crime 

victims under the Uniform Code of 

Military Justice (UCMJ). The rule 

discusses notification requirements and 

assistance available to victims and 

witnesses of crime, as well as annual 

reporting requirements on assistance 

provided across the DoD to victims and 

witnesses of crime. 

DATES: Written comments must be 

received on or before July 21, 2015. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Department of Defense, Office 

of the Deputy Chief Management 

Officer, Directorate of Oversight and 

Compliance, Regulatory and Audit 

Matters Office, 9010 Defense Pentagon, 

Washington, DC 20301–9010. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Lt. 

Col. Ryan Oakley, Office of Legal Policy, 

703–571–9301. 

SUPPLEMENTARY INFORMATION: The 

Department of Defense is determined to 

assist victims and witnesses of violent 

crimes committed in violation of the 

Uniform Code of Military Justice 

(UCMJ). 

I. Purpose of the Regulatory Action 

a. This rule establishes policy, assigns 

responsibilities, and prescribes 

procedures to assist victims and 

witnesses of crimes committed in 

violation the Uniform Code of Military 

Justice (UCMJ), and updates established 

policy, assigns responsibilities, and 

prescribes procedures for the rights of 

crime victims under the UCMJ and 

required mechanisms for enforcement. 

The rule also provides timely 

notification of information and 

assistance available to victims and 

witnesses of crime from initial contact 

through investigation, prosecution, 

confinement, and release, annual 

reporting requirements on assistance 

provided across the DoD to victims and 

witnesses of crime, and legal assistance 

for crime victims entitled to such 

services. The Military Services are 

required to provide legal counsel, 

known as Special Victims’ Counsel/

Victims’ Legal Counsel (SVC/VLC), to 

assist victims of alleged sex-related 

offenses under Articles 120, 120a, 120b, 

120c, and 125 of the UCMJ, who are 

eligible for legal assistance. The Military 

Services are also required to establish a 

special victim capability comprised of 

specially trained criminal investigators, 

judge advocates, paralegals, and victim/ 

witness assistance personnel to support 

victims of covered special victim 

offenses. To de-conflict with ‘‘Special 

Victims’ Counsel’’ programs, this 

distinct group of recognizable 

professionals will be referred to, at the 

DoD level, as the ‘‘Special Victim 

Investigation and Prosecution (SVIP)’’ 

capability. 

b. Authority: 10 U.S.C. chapter 47, the 

UCMJ; 10 U.S.C. 113, 1034, 1044, 1044e 

1058, 1059, and 1408; 18 U.S.C. 1512 

through 1514; sections 1701 and 1716 of 

Public Law 113–66, which strengthened 

the rights of victims of crimes 

committed under the UCMJ, and 

designated SVC/VLC for victims of 

covered offenses; section 573 of Public 

Law 112–239, which required the 

Military Services to establish a special 

victim capability comprised of specially 

trained investigators, judge advocates, 

paralegals, and victim witness 

assistance personnel to support victims 

of covered offenses; and section 533 of 

the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization 

Act for Fiscal Year 2015, which 

extended eligibility for SVC/VLC 

services to members of a reserve 

component of the armed forces. 

II. Summary of the Major Provisions of 

the Regulatory Action in Question 

This rule describes the 

responsibilities that the USD(P&R), 

Inspector General of the Department of 

Defense, and DoD component heads 

have when dealing with the procedures 

described in the regulatory text. The 

rule also discusses procedures involving 

local responsible officials, 

comprehensive information and services 

to be provided to victims and witnesses, 

special victim investigation and 

prosecution (SVIP) capability, legal 

assistance for crime victims, and special 

victims’ counsel programs. 

III. Costs and Benefits 

The combined cost of annual 

reporting requirements to the DoD and 

Military Services related to DoD victim 

and witness assistance programs 

(VWAP) is approximately $12,317. DoD 

VWAP programs are administered 

directly by the DoD Components, 

including the Military Services, at local 

installations and regional commands 

worldwide. 

(1) A complete victim and witness 

assistance policy, to ensure the 

consistent and effective management of 

DoD victim and witness assistance 

programs operated by DoD Components. 

The proposed rule updates and replaces 

DoD Directive 1030.01, ‘‘Victim and 

Witness Assistance’’ (April 13, 2004) 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/103001p.pdf), and 

DoD Instruction 1030.2 ‘‘Victim and 

Witness Procedures’’ (June 4, 2004) 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/103002p.pdf), to 

implement statutory requirements for 

the DoD victim assistance programs 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS