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 


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under the a single DoD instruction., 

which revises the rights for crime 

victims of offenses committed under the 

UCMJ, requires the Military Services to 

create enforcement mechanisms, 

provides for legal assistance for crime 

victims entitled to legal services, 

requires that Military Services to 

provide SVC/VLC to assist victims of 

covered offenses, and further 

implements the SVIP capability, which 

provides enhanced support to victims of 

sexual assault, serious domestic 

violence, and child abuse offenses. 

requiring each Military Service to 

establish a special victim capability 

comprised of specially trained criminal 

investigators, judge advocates, 

paralegals, and victim witness 

personnel to enhance support to victims 

of sexual assault, serious domestic 

violence, and child abuse offenses. 

VWAP provides guidance for assisting 

victims and witnesses of crime from 

initial contact through investigation, 

prosecution, confinement, and release, 

until the victim specifies to the local 

responsible official that he or she no 

longer requires or desires services. 

Particular attention is paid to victims of 

serious and violent crime, including 

child abuse, domestic violence, and 

sexual assault. 

(2) Strengthens the rights of crime 

victims in the military justice system 

and requires the establishment 

mechanisms for enforcement of these 

rights in each Military Department, in 

accordance with section 1701 of Public 

Law 113–66. These provisions ensure 

victims have a right to be reasonably 

heard at public hearings concerning the 

continuation of confinement before the 

trial of the accused, preliminary 

hearings under section 832 (Article 32) 

of the UCMJ, and court-martial 

proceedings relating to the Military 

Rules of Evidence (M.R.E.) 412, 513, and 

514 of the Manual for Courts-Martial 

(MCM) (available at http://

www.apd.army.mil/pdffiles/mcm.pdf) 

and that all victims are treated with 

fairness and respect for their dignity and 

privacy. 

(3) Orients victims and witnesses to 

the military justice system, about the 

military criminal justice process, on the 

role of the victim or witness in the 

process, and how the victim or witness 

can obtain additional information 

concerning the process and the case. 

(4) Provides timely notification of 

information and assistance available to 

victims and witnesses of crime from 

initial contact through investigation, 

prosecution, and confinement. 

(5) Enables victims to confer with the 

attorney for the U.S. Government in the 

case before preliminary and trial 

proceedings, and to express their views 

to the commander or convening 

authority as to disposition of the case. 

(6) Assists victims with prompt return 

of personal property held as evidence 

during a military criminal investigation 

and court-martial. 

(7) Provides eligible victims and 

military families with access to 

transitional compensation in accordance 

with Federal law and DoD Instruction 

1342.24, ‘‘Transitional Compensation 

for Abused Dependents,’’ May 23, 1995 

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

directives/corres/pdf/134224p.pdf). 

(8) Ensures victims are aware of 

procedures to receive restitution as 

provided in accordance with State, 

local, and federal crime victims’ funds, 

and the procedures for applying for 

such funds. Restitution may also be 

available from, or offered by, an accused 

as a condition in the terms of a pretrial 

agreement, during the sentencing 

process, as a part of post-trial mitigation 

under Rule of Court-Martial 1105, of the 

MCM. Under Article 139, UCMJ, victims 

may also be provided with relief if the 

property loss or damage resulted from 

wrongful taking or willful damage by a 

member of the Armed Forces due to 

riotous, violent, or disorderly conduct. 

(9) Mandates compliance with DoD 

standards for victim assistance services 

in the military community established 

in DoD Instruction 6400.07 ‘‘Standards 

for Victim Assistance Services in the 

Military Community,’’ November 25, 

2013 (available at http://www.dtic.mil/

whs/directives/corres/pdf/640007p.pdf). 

(10) Provides that crime victims who 

are entitled to military legal assistance 

under sections 1044 and 1044e of title 

10, U.S.C., and as further prescribed by 

the Military Departments and National 

Guard Bureau policies, may consult 

with a military legal assistance attorney. 

(11) Provides legal counsel, known as 

Special Victims’ Counsel or Victims’ 

Legal Counsel (SVC/VLC), to assist 

victims of alleged sex-related offenses in 

accordance with Articles 120, 120a, 

120b, 120c, and 125 of the UCMJ, and 

attempts to commit any of these offenses 

under Article 80 of the UCMJ, regardless 

of whether the report of the offense is 

restricted or unrestricted. Individuals 

entitled to SVC/VLC representation 

include any of the following: 

(a) Individuals eligible for military 

legal assistance under sections 1044 and 

1044e of title 10, U.S.C., and as further 

prescribed by the Military Departments’ 

and National Guard Bureau policies. 

(b) Members of a reserve component 

of the armed forces, in accordance with 

section 533 of the National Defense 

Authorization Act for Fiscal Year 2015, 

and as further prescribed by the Military 

Departments and National Guard 

Bureau policies. 

(12) Establishes a Special Victim 

Investigation and Prosecution (SVIP) 

capability in each Military Service 

comprised of specially trained criminal 

investigators, judge advocates, 

paralegals, and victim and witness 

assistance personnel to work with 

specially trained military criminal 

investigators to support victims of adult 

sexual assault, domestic violence, and 

child abuse. To de-conflict with the 

names of SVC/VCL programs, this 

distinct group of recognizable 

professionals will be referred to as SVIP 

at the DoD level. Ensures SVIP training 

programs meet established DoD and 

Military Service standards for special 

prosecutors, paralegal, VWAP 

coordinators and providers, and legal 

support personnel. 

(13) Establishes local Victim and 

Witness Assistance Councils, when 

practicable, at each military installation, 

to ensure victim and witness service 

providers follow an interdisciplinary 

approach. This will ensure effective 

coordination between VWAP 

coordinators and DoD personnel 

providing related services, including 

sexual assault prevention and response 

coordinators, family advocacy 

personnel, military treatment facility 

health care providers and emergency 

room personnel, family service center 

personnel, chaplains, military equal 

opportunity personnel, judge advocates, 

SVC/VLCs, unit commanding officers, 

corrections personnel, and other 

persons designated by the Secretaries of 

the Military Departments. 

(14) Maintains annual reporting 

requirements on assistance provided 

across the DoD to victims and witnesses 

of crime, which will be provided to the 

Department of Justice Office of Victims 

of Crime and the Bureau of Justice 

Statistics. 

IV. 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 


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flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Pub. L. 104–4) requires agencies assess 

anticipated costs and benefits before 

issuing any rule whose mandates 

require spending in any 1 year of $100 

million in 1995 dollars, updated 

annually for inflation. In 2014, that 

threshold is approximately $141 

million. This document will not 

mandate any requirements for State, 

local, or tribal governments, nor will it 

affect private sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

The Department of Defense certifies 

that this proposed 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. Therefore, the 

Regulatory Flexibility Act, as amended, 

does not require DoD to prepare a 

regulatory flexibility analysis. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

This proposed rule does not impose 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act of 

1995. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

This proposed rule will not have a 

substantial effect on State and local 

governments. 

List of Subjects in 32 CFR Part 114 

Child welfare, Military law, Uniform 

Code of Military Justice. 

Accordingly, 32 CFR part 114 is 

proposed to be added to read as follows: 

PART 114—VICTIM AND WITNESS 

ASSISTANCE 

Sec. 

114.1 Purpose. 

114.2 Applicability. 

114.3 Definitions. 

114.4 Policy. 

114.5 Responsibilities. 

114.6 Procedures. 

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

113, 1034, 1044, 10443, 1058, 1059, and 

1408, 18 U.S.C. 1512 through 1514, sections 

1701 and 1706 of Pub. L. 113–66, 127 Stat. 

672, section 573 of Pub. L. 112–239, 126 Stat. 

1632, and section 533 of Pub. L. 113–291, 

128 Stat. 3292. 

§ 114.1 Purpose. 

This part: 

(a) Establishes policy, assigns 

responsibilities, and prescribes 

procedures to assist victims and 

witnesses of crimes committed in 

violation of 10 U.S.C. chapter 47, also 

known and referred to in this part as the 

Uniform Code of Military Justice 

(UCMJ). 

(b) Establishes policy, assigns 

responsibilities, and prescribes 

procedures for: 

(1) The rights of crime victims under 

the UCMJ and required mechanisms for 

enforcement, in accordance with section 

1701 of Public Law 113–66, ‘‘National 

Defense Authorization Act for Fiscal 

Year 2014,’’ and in accordance with 

DoD standards for victim witness 

assistance services in the military 

community established in DoD 

Instruction 6400.07, ‘‘Standards for 

Victim Assistance Services in the 

Military Community,’’ (available at 

http://www.dtic.mil/whs/directives/

corres/pdf/640007p.pdf). 

(2) Providing timely notification of 

information and assistance available to 

victims and witnesses of crime from 

initial contact through investigation, 

prosecution, confinement, and release, 

in accordance with 18 U.S.C. 1512 

through 1514, 32 CFR part 286, DoD 

Instruction 1325.07, ‘‘Administration of 

Military Correctional Facilities and 

Clemency and Parole Authority,’’ 

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

directives/corres/pdf/132507p.pdf), DoD 

Instruction 1342.24, ‘‘Transitional 

Compensation for Abused Dependents,’’ 

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

directives/corres/pdf/134224p.pdf), DoD 

Directive 7050.06, ‘‘Military 

Whistleblower Protection,’’ (available at 

http://www.dtic.mil/whs/directives/

corres/pdf/705006p.pdf), and 10 U.S.C. 

113, 1034, 1059, and 1408; and section 

1706 of Public Law 113–66. 

(3) Annual reporting requirements on 

assistance provided across the DoD to 

victims and witnesses of crime. 

(c) Provides for legal assistance for 

crime victims entitled to such services 

pursuant to 10 U.S.C. 1044, and 10 

U.S.C. 1565b, and as further prescribed 

by the Military Departments and 

National Guard Bureau policies. 

(d) Incorporates section 573 of Public 

Law 112–239, ‘‘The National Defense 

Authorization Act for Fiscal Year 2013,’’ 

January 2, 2013, requiring each Military 

Service to establish a special victim 

capability comprised of specially 

trained criminal investigators, judge 

advocates, paralegals, and victim and 

witness assistance personnel to support 

victims of covered special victim 

offenses. To de-conflict with SVC/VCL 

programs, this distinct group of 

recognizable professionals will be 

referred to, at the DoD level, as the 

Special Victim Investigation and 

Prosecution (SVIP) capability. 

(e) Incorporates the victim and 

witness portion of the special victim 

capability in accordance with) DoDI 

5509.19, ‘‘Establishment of Special 

Victim Investigation and Prosecution 

(SVIP) Capability within the Military 

Criminal Investigative Organizations 

(MCIOs),’’ February 3, 2015 (available at 

http://www.dtic.mil/whs/directives/

corres/pdf/550519p.pdf), and Directivetype Memorandum (DTM) 14–003, 

‘‘DoD Implementation of Special Victim 

Capability (SVC) Prosecution and Legal 

Support,’’ February 12, 2014, 

Incorporating Change 1, February 5, 

2015 

(f) Incorporates section 1716 of Public 

Law 113–66, and section 533 of the 

National Defense Authorization Act for 

2005 (NDAA 2005), requiring the 

Military Services to provide legal 

counsel, known as Special Victims’ 

Counsel or Victims’ Legal Counsel, 

(SVC/VLC) to assist victims of alleged 

sex-related offenses in accordance with 

Articles 120, 120a, 120b, 120c, 125 of 

the UCMJ, and attempts to commit any 

of these offenses under Article 80 of the 

UCMJ, who are eligible for legal 

assistance in accordance with 10 U.S.C. 

1044 and 1044e, and as further 

prescribed by the Military Departments 

and National Guard Bureau policies. 

§ 114.2 Applicability. 

This part applies to OSD, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

Department of Defense, the Defense 

Agencies, the DoD Field Activities, and 

all other organizational entities within 

the DoD (referred to collectively in this 

part as the ‘‘DoD Components’’). 

§ 114.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the purpose 

of this part: 

Central repository. A headquarters 

office, designated by Service regulation, 

to serve as a clearinghouse of 


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information on a confinee’s status and 

to collect and report data on the 

delivery of victim and witness 

assistance, including notification of 

confinee status changes. 

Confinement facility victim/witness 

assistance coordinator. A staff member 

at a military confinement facility who is 

responsible for notifying victims and 

witnesses of changes in a confinee’s 

status and reporting those notifications 

to the central repository. 

Court proceeding. A preliminary 

hearing held pursuant to Article 32 of 

the UCMJ; a hearing under Article 39a 

of the UCMJ; a court-martial; a military 

presentencing hearing; or a military 

appellate hearing. The providence 

(guilty plea) inquiry between the 

military judge and the accused when a 

pretrial agreement has been entered into 

between the accused and the convening 

authority, and conferences, such as 

those under Military Rule of Evidence 

802, which occur between attorneys and 

the military judge, or between attorneys 

and Article 32 of the UCMJ preliminary 

hearing officers, or other official, are not 

court proceedings for purposes of this 

part. If all or part of a court proceeding 

has been closed to the public by the 

military judge, preliminary hearing 

officer, or other official, the victims and 

witnesses will still be notified of the 

closed hearing as provided in this part, 

and of the reasons for the closure. In 

such a case, the military judge, 

preliminary hearing officer, or other 

official may place reasonable limits on 

the reasons disclosed, if such limits are 

necessary to protect the safety of any 

person, the fairness of the proceeding, 

or are otherwise in the interests of 

national security. 

DoD Component responsible official. 

Person designated by each DoD 

Component head to be primarily 

responsible in the DoD Component for 

coordinating, implementing, and 

managing the victim and witness 

assistance program established by this 

part. 

Equal opportunity. The right of all 

persons to participate in, and benefit 

from, programs and activities for which 

they are qualified. These programs and 

activities will be free from social, 

personal, or institutional barriers that 

prevent people from rising to the 

highest level of responsibility possible. 

Persons will be evaluated on individual 

merit, fitness, and capability, regardless 

of race, color, sex, national origin, or 

religion. 

Local responsible official. Person 

designated by the DoD Component 

responsible official who has primary 

responsibility for identifying victims 

and witnesses of crime and for 

coordinating the delivery of services 

described in this part through a 

multidisciplinary approach. The 

position or billet of the local responsible 

official will be designated in writing by 

Service regulation. The local 

responsible official may delegate 

responsibilities in accordance with this 

part. 

Local Victim and Witness Assistance 

Council. A regular forum held at the 

DoD installation, or regional command 

level, that promotes efficiencies, 

coordinates victim assistance-related 

programs, and assesses the 

implementation of victim assistance 

standards and victim assistance-related 

programs, in accordance with this part, 

DoD Instruction 6400.07, and any other 

applicable Service guidance. 

Military Department Clemency and 

Parole Board. In accordance with DoD 

Instruction 1325.07, a board which 

assists the Military Department 

Secretary as the primary authority for 

administration and execution of 

clemency, parole, and mandatory 

supervised release policy and programs. 

Military Services. Refers to the Army, 

the Navy, the Air Force, and the Marine 

Corps, the Coast Guard, and the Reserve 

Components, which include the Army 

and Air National Guards of the United 

States. 

Protected communication. (1) Any 

lawful communication to a Member of 

Congress or an IG. 

(2) A communication in which a 

member of the Armed Forces 

communicates information that the 

member reasonably believes evidences a 

violation of law or regulation, including 

a law or regulation prohibiting sexual 

harassment or unlawful discrimination, 

gross mismanagement, a gross waste of 

funds or other resources, an abuse of 

authority, or a substantial and specific 

danger to public health or safety, when 

such communication is made to any of 

the following: 

(i) A Member of Congress, an IG, or 

a member of a DoD audit, inspection, 

investigation, or law enforcement 

organization. 

(ii) Any person or organization in the 

chain of command; or any other person 

designated pursuant to regulations or 

other established administrative 

procedures to receive such 

communications. 

Reprisal. Taking or threatening to take 

an unfavorable personnel action, or 

withholding or threatening to withhold 

a favorable personnel action, for making 

or preparing to make a protected 

communication. 

Restricted reporting. Defined in DoD 

Directive 6495.01, ‘‘Sexual Assault 

Prevention and Response (SAPR) 

Program’’ (available at http://

www.dtic.mil/whs/directives/corres/pdf/

649501p.pdf). 

Sexual assault forensic examiner. A 

health care provider who has 

specialized training through his or her 

military service, or has a nationally 

recognized certification to perform 

medical examinations to evaluate and 

collect evidence related to a sexual 

assault. 

Special victim investigation and 

prosecution (SVIP) capability. In 

accordance with section 573 of Public 

Law 112–239 and DoDI 5505.09, 

‘‘Establishment of Special Victim 

Investigation and Prosecution (SVIP) 

Capability within the Military Criminal 

Investigative Organizations (MCIOs),’’ 

February 3, 2015 (available at http://

www.dtic.mil/whs/directives/corres/pdf/

550519p.pdf), and Directive-type 

Memorandum (DTM), ‘‘DoD 

Implementation of Special Victim 

Capability (SVC) Prosecution and Legal 

Support,’’ February 12, 2014, 

Incorporating Change 1, February 5, 

2015 (available at http://www.dtic.mil/

whs/directives/corres/pdf/DTM-14- 

003.pdf), a distinct, recognizable group 

of appropriately skilled professionals, 

consisting of specially trained and 

selected military criminal investigative 

organization (MCIO) investigators, judge 

advocates, victim witness assistance 

personnel, and administrative paralegal 

support personnel who work 

collaboratively to: 

(1) Investigate allegations of adult 

sexual assault, domestic violence 

involving sexual assault and/or 

aggravated assault with grievous bodily 

harm, and child abuse involving sexual 

assault and/or aggravated assault with 

grievous bodily harm. 

(2) Provide support for the victims of 

such covered offenses. 

Special victim offenses. The 

designated criminal offenses of sexual 

assault, domestic violence involving 

sexual assault, and/or aggravated assault 

with grievous bodily harm, and child 

abuse involving sexual assault and/or 

aggravated assault with grievous bodily 

harm, in accordance with the UCMJ. 

Sexual assault includes offenses under 

Articles 120 (rape and sexual assault 

general), 120b (rape and sexual assault 

of a child), and 120c (other sexual 

misconduct), or forcible sodomy under 

Article 25 of the UCMJ or attempts to 

commit such offenses under Article 80 

of the UCMJ. Aggravated assault with 

grievous bodily harm, in relation to 

domestic violence and child abuse 

cases, includes an offense as specified 

under Article 128 of the UCMJ (assault). 

The Military Services and National 

Guard Bureau may deem other UCMJ 


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offenses appropriate for SVIP support, 

based on the facts and circumstances of 

specific cases, and the needs of victims. 

Special Victims’ Counsel/Victims’ 

Legal Counsel (SVC/VLC). Legal counsel 

provided to assist eligible victims of 

alleged sex-related offenses pursuant to 

Article 120, 120a, 120b, 120c, and 125 

of the UCMJ and attempts to commit 

any of these offenses under Article 80 of 

the UCMJ (or other offenses as defined 

by the Military Services), in accordance 

with 10 U.S.C. 1044, 1044e, and 1565b; 

section 1716 of Public Law 113–66; and 

section 533 of the NDAA 2005. 

Specially trained prosecutors. 

Experienced judge advocates detailed by 

Military Department Judge Advocate 

Generals (TJAGs), the Staff Judge 

Advocate to the Commandant of the 

Marine Corps, or other appropriate 

authority to litigate or assist with the 

prosecution of special victim cases and 

provide advisory support to MCIO 

investigators and responsible legal 

offices. Before specially trained 

prosecutors are detailed, their Service 

TJAG, Staff Judge Advocate to the 

Commandant of the Marine Corps, or 

other appropriate authority has 

determined they have the necessary 

training, maturity, and advocacy and 

leadership skills to carry out those 

duties. 

Unrestricted reporting. Defined in 

DoD Directive 6495.01 (available at 

http://www.dtic.mil/whs/directives/

corres/pdf/649501p.pdf). 

Victim. A person who has suffered 

direct physical, emotional, or pecuniary 

harm as a result of the commission of 

a crime committed in violation of the 

UCMJ. Such individuals will include, 

but are not limited to: 

(1) Service members and their 

dependents. 

(2) When stationed outside the 

continental United States (CONUS), 

DoD civilian employees and contractors 

and their family members. This 

designation makes services, such as 

medical care in military medical 

facilities, available to them that are not 

available to DoD civilian employees, 

contractors, and their family members 

in stateside locations. 

(3) When a victim is under 18 years 

of age, incompetent, incapacitated, or 

deceased, the term includes one of the 

following (in order of precedence): A 

spouse, legal guardian, parent, child, 

sibling, another family member, or 

another person designated by the court 

or the DoD Component responsible 

official, or designee. For a victim that is 

an institutional entity, an authorized 

representative of the entity. Federal 

Departments and State and local 

agencies, as entities, are not eligible for 

services available to individual victims. 

Victim assistance personnel. 

Personnel who are available to provide 

support and assistance to victims of 

crime and harassment consistent with 

their assigned responsibilities and in 

accordance with this part. They include 

part-time, full-time, collateral duty, and 

other authorized individuals, and may 

be domestic violence or sexual assault 

prevention and response coordinators 

(to include unit and uniformed victim 

advocates), Sexual Assault Response 

Coordinators, victim-witness assistance 

personnel, or military equal opportunity 

advisors. 

Victim assistance-related programs. 

The SAPR Program; FAP; and the 

VWAP. A complainant under the DoD 

MEO Program may be referred by the 

MEO office to one of the victim 

assistance-related programs for 

additional assistance. 

Witness. A person who has 

information or evidence about a 

criminal offense within the investigative 

jurisdiction of a DoD Component and 

who provides that knowledge to a DoD 

Component. When the witness is a 

minor, that term includes a parent or 

legal guardian, or other person 

responsible for the child. The term does 

not include a defense witness or an 

individual involved in the crime as an 

alleged perpetrator or accomplice. 

§ 114.4 Policy. 

It is DoD policy that: 

(a) The DoD is committed to 

protecting the rights of victims and 

witnesses of crime and supporting their 

needs in the criminal justice process. 

The DoD Components will comply with 

all statutory and policy mandates and 

will take all additional actions within 

the limits of available resources to assist 

victims and witnesses of crime without 

infringing on the constitutional or other 

legal rights of a suspect or an accused. 

(b) DoD victim assistance services will 

focus on the victim and will respond, 

protect, and care for the victim from 

initiation of a report through offense 

disposition, if applicable, and will 

continue such support until the victim 

specifies to the local responsible official 

that he or she no longer requires or 

desires services. 

(c) Each DoD Component will provide 

particular attention and support to 

victims of serious, violent crimes, 

including child abuse, domestic 

violence, and sexual assault. In order to 

ensure the safety of victims, and their 

families, victim assistance personnel 

shall respect the dignity and the privacy 

of persons receiving services, and 

carefully observe any safety plans and 

military or civilian protective orders in 

place. 

(d) Victim assistance services must 

meet DoD competency, ethical, and 

foundational standards established in 

DoD Instruction 6400.07, ‘‘Standards for 

Victim Assistance Services in the 

Military Community,’’ (available at 

http://www.dtic.mil/whs/directives/

corres/pdf/640007p.pdf). 

(e) Making or preparing to make or 

being perceived as making or preparing 

to make a protected communication, to 

include reporting a violation of law or 

regulation, including a law or regulation 

prohibiting rape, sexual assault, or other 

sexual misconduct, in violation of 10 

U.S.C. 920 through 920c, sexual 

harassment, or unlawful discrimination, 

in accordance with 10 U.S.C. 1034, 

section 1709 of Public Law 113–66, and 

DoD Directive 7050.06, ‘‘Military 

Whistleblower Protection,’’ (available at 

http://www.dtic.mil/whs/directives/

corres/pdf/705006p.pdf), shall not result 

in reprisal activity from management 

officials. 

(f) This part is not intended to, and 

does not, create any entitlement, cause 

of action, or defense at law or in equity, 

in favor of any person or entity arising 

out of the failure to accord to a victim 

or a witness the assistance outlined in 

this part. No limitations are hereby 

placed on the lawful prerogatives of the 

DoD or its officials. 

§ 114.5 Responsibilities. 

(a) The Under Secretary of Defense for 

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

(1) Establishes overall policy for 

victim and witness assistance and 

monitors compliance with this part. 

(2) Approves procedures developed 

by the Secretaries of the Military 

Departments that implement and are 

consistent with this part. 

(3) Maintains the DoD Victim 

Assistance Leadership Council, in 

accordance with DoD Instruction 

6400.07, which advises the Secretary of 

Defense on policies and practices 

related to the provision of victim 

assistance and provides a forum that 

promotes efficiencies, coordinates 

victim assistance-related policies, and 

assesses the implementation of victim 

assistance standards across the DoD’s 

victim assistance-related programs. 

(b) The Director, DoD Human 

Resources Activity, through the Defense 

Manpower Data Center, and under the 

authority, direction, and control of the 

USD(P&R), assists in formulating a data 

collection mechanism to track and 

report victim notifications from initial 

contact through investigation to 

disposition, to include prosecution, 

confinement, and release. 


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(c) The Inspector General of the 

Department of Defense (IG DoD): 

(1) Establishes investigative policy 

and performs appropriate oversight 

reviews of the management of the 

Victim Witness Assistance Program 

(VWAP) by the DoD military criminal 

investigative organizations (MCIOs). 

This is not intended to substitute for the 

routine managerial oversight of the 

program provided by the MCIOs, the 

USD(P&R), the DoD Component heads, 

the DoD Component responsible 

officials, or the local responsible 

officials. 

(2) Investigates and oversees DoD 

Component Inspector General 

investigations of allegations or reprisal 

for making or preparing to make or 

being perceived as making or preparing 

to make a protected communication, in 

accordance with 10 U.S.C. 1034, and 

section 573 of Public Law 112–239. 

(c) The DoD Component heads: 

(1) Ensure compliance with this part, 

and establish policies and procedures to 

implement the VWAP within their DoD 

Components. 

(2) Designate the DoD Component 

responsible official for the VWAP, who 

will report annually to the USD(P&R) 

using DD Form 2706, ‘‘Victim and 

Witness Assistance Annual Report.’’ 

(3) Provide for the assignment of 

personnel in sufficient numbers to 

enable those programs identified in the 

10 U.S.C. 113 note to be carried out 

effectively. 

(4) Designate a central repository for 

confinee information for each Military 

Service, and establish procedures to 

ensure victims who so elect are notified 

of changes in inmate status. 

(5) Maintain a Victim and Witness 

Assistance Council, when practicable, at 

each military installation, to ensure 

victim and witness service providers 

follow an interdisciplinary approach. 

These providers may include chaplains, 

sexual assault prevention and response 

personnel, family advocacy personnel, 

military treatment facility health care 

providers and emergency room 

personnel, family service center 

personnel, military equal opportunity 

personnel, judge advocates, SVC/VLCs, 

unit commanding officers, corrections 

personnel, and other persons designated 

by the Secretaries of the Military 

Departments. 

(6) Maintain training programs to 

ensure Victim Witness Assistance 

Program (VWAP) providers receive 

instruction to assist them in complying 

with this part. Training programs will 

include specialized training for VWAP 

personnel assigned to the SVIP 

capability, in accordance with 

§ 114.6(c). 

(7) Designate local responsible 

officials in writing in accordance with 

Military Service regulations and 

§ 114.6(a)(1). 

(8) Maintain oversight procedures to 

ensure establishment of an integrated 

support system capable of providing the 

services outlined in § 114.6, and meet 

the competency, ethical, and 

foundational standards established in 

DoD Instruction 6400.07. Such oversight 

may include coverage by DoD 

Component Inspectors General, staff 

assistance visits, surveys, and status 

reports. 

(9) Establish mechanisms for ensuring 

that victims are notified of and afforded 

the rights specified in the UCMJ, 

including the rights specified in 10 

U.S.C. 806b (Article 6b) and Rule of 

Court-Martial (R.C.M.) 306 in title 10 of 

the United States Code. 

(10) Establish mechanisms for the 

enforcement of the rights specified in 

the UCMJ, including mechanisms for 

the application for such rights and for 

consideration and disposition of 

applications for such rights. At a 

minimum, such enforcement 

mechanisms will include the 

designation of an authority within each 

Military Service to receive and 

investigate complaints relating to the 

provision or violation of such rights and 

the establishment of disciplinary 

sanctions for responsible military and 

civilian personnel who wantonly fail to 

comply with the requirements relating 

to such rights. 

§ 114.6 Procedures. 

(a) Local responsible officials. Local 

responsible officials: 

(1) Will coordinate to ensure that 

systems are in place at the installation 

level to provide information on 

available benefits and services, assist in 

obtaining those benefits and services, 

and provide other services required by 

this section. 

(2) May delegate their duties as 

appropriate, but retain responsibility to 

coordinate the delivery of required 

services. 

(3) May use an interdisciplinary 

approach involving the various service 

providers listed in paragraph (b)(7) of 

this section, to coordinate the delivery 

of information and services to be 

provided to victims and witnesses. 

(b) Comprehensive information and 

services to be provided to victims and 

witnesses—(1) Rights of crime victims. 

Personnel directly engaged in the 

prevention, detection, investigation, and 

disposition of offenses, to include 

courts-martial, including law 

enforcement and legal personnel, 

commanders, trial counsel, and staff 

judge advocates, will ensure that 

victims are accorded their rights in 

accordance with Article 6b of UCMJ and 

section 1701 of Public Law 113–66. A 

crime victim has the right to: 

(i) Be reasonably protected from the 

accused offender. 

(ii) Be provided with reasonable, 

accurate, and timely notice of: 

(A) A public hearing concerning the 

continuation of confinement before the 

trial of the accused. 

(B) A preliminary hearing pursuant to 

section 832 of the UCMJ (Article 32) 

relating to the offense. 

(C) A court-martial relating to the 

offense. 

(D) A public proceeding of the 

Military Department Clemency and 

Parole Board hearing relating to the 

offense. 

(E) The release or escape of the 

accused, unless such notice may 

endanger the safety of any person. 

(iii) Be present at, and not be 

excluded from any public hearing or 

proceeding described in paragraph 

(b)(1)(ii) of this section, unless the 

military judge or preliminary hearing 

officer of a preliminary hearing 

pursuant to Section 832, UCMJ, (Article 

32), after receiving clear and convincing 

evidence, determines that testimony by 

the victim would be materially affected 

if the victim heard that hearing or 

proceeding. 

(iv) Be reasonably heard personally or 

through counsel at: 

(A) A public hearing concerning the 

continuation of confinement before the 

court-martial of the accused. 

(B) A preliminary hearing pursuant to 

section 832 (Article 32) of the UCMJ and 

court-martial proceedings relating to the 

Military Rules of Evidence (M.R.E.) 412, 

513, and 514 of the Manual for CourtsMartial (MCM) in title 10 of the United 

States Code, also referred to in this part 

as the MCM, and regarding other rights 

provided by statute, regulation, or case 

law. 

(C) A public sentencing hearing 

relating to the offense. 

(D) A public Military Department 

Clemency and Parole Board hearing 

relating to the offense. A victim may 

make a personal appearance before the 

Military Department Clemency and 

Parole Board or submit an audio, video, 

or written statement. 

(v) Confer with the attorney for the 

U.S. Government in the case. This will 

include the reasonable right to confer 

with the attorney for U.S. Government 

at any proceeding described in 

paragraph (b)(1)(ii) of this section. 

(A) Crime victims who are entitled to 

legal assistance may consult with a 

military legal assistance attorney in 


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accordance with paragraph (c)(1) of this 

section. 

(B) Victims of an offense under 

Articles 120, 120a, 120b, or 120c or 

forcible sodomy under the UCMJ or 

attempts to commit such offenses under 

Article 80 of the UCMJ, who are entitled 

to legal assistance in accordance with 10 

U.S.C. 1044, may consult with a SVC/ 

VLC in accordance with paragraph 

(d)(1) of this section. Victims of these 

covered offenses shall be informed by a 

sexual assault response coordinator 

(SARC), victim advocate, victim witness 

liaison, military criminal investigator, 

trial counsel, or other local responsible 

official that they have the right to 

consult with a SVC/VLC as soon as they 

seek assistance from the individual in 

accordance with 10 U.S.C. 1565b, and as 

otherwise authorized by Military 

Department and National Guard Bureau 

policy. 

(C) All victims may also elect to seek 

the advice of a private attorney, at their 

own expense. 

(vi) Receive restitution as provided in 

accordance with State and Federal law. 

(vii) Proceedings free from 

unreasonable delay. 

(viii) Be treated with fairness and 

respect for his or her dignity and 

privacy. 

(ix) Express his or her views to the 

commander or convening authority as to 

disposition of the case. 

(2) Initial information and services. (i) 

Immediately after identification of a 

crime victim or witness, the local 

responsible official, law enforcement 

officer, or criminal investigation officer 

will explain and provide information to 

each victim and witness, as appropriate, 

including: 

(A) The DD Form 2701, ‘‘Initial 

Information for Victims and Witnesses 

of Crime,’’ or computer-generated 

equivalent will be used as a handout to 

convey basic information. Specific 

points of contact will be recorded on the 

appropriate form authorized for use by 

the particular Military Service. 

(B) Proper completion of this form 

serves as evidence that the local 

responsible official or designee, law 

enforcement officer, or criminal 

investigative officer notified the victim 

or witness of his or her rights, as 

described in paragraph (b)(1) of this 

section. The date the form is given to 

the victim or witness shall be recorded 

by the delivering official. This serves as 

evidence the victim or witness was 

timely notified of his or her statutory 

rights. 

(ii) The local responsible official will 

explain the form to victims and 

witnesses at the earliest opportunity. 

This will include: 

(A) Information about available 

military and civilian emergency medical 

and social services, victim advocacy 

services for victims of domestic violence 

or sexual assault, and, when necessary, 

assistance in securing such services. 

(B) Information about restitution or 

other relief a victim may be entitled to, 

and the manner in which such relief 

may be obtained. 

(C) Information to victims of intrafamilial abuse offenses on the 

availability of limited transitional 

compensation benefits and possible 

entitlement to some of the active duty 

Service member’s retirement benefits 

pursuant to 10 U.S.C. 1059 and 1408 

and DoD Instruction 1342.24 

‘‘Transitional Compensation for Abused 

Dependents,’’ May 23, 1995 (available at 

http://www.dtic.mil/whs/directives/

corres/pdf/134224p.pdf). 

(D) Information about public and 

private programs available to provide 

counseling, treatment, and other 

support, including available 

compensation through federal, State, 

and local agencies. 

(E) Information about the prohibition 

against intimidation and harassment of 

victims and witnesses, and 

arrangements for the victim or witness 

to receive reasonable protection from 

threat, harm, or intimidation from an 

accused offender and from people acting 

in concert with or under the control of 

the accused offender. 

(F) Information concerning military 

and civilian protective orders, as 

appropriate. 

(G) Information about the military 

criminal justice process, the role of the 

victim or witness in the process, and 

how the victim or witness can obtain 

additional information concerning the 

process and the case in accordance with 

section 1704 of Public Law 113–66. This 

includes an explanation of: 

(1) Victim’s roles and rights during 

the defense counsel interviews, 

preliminary hearings pursuant to 

section 832, UCMJ (Article 32) and 

section 1702 of Public Law 113–66. 

(2) Victim’s rights when action is 

taken by the convening authority 

pursuant to Article 60 of the UCMJ 

process, and during the post-trial/

clemency phase of the process in 

accordance with section 1706 of Public 

Law 113–66. 

(H) If necessary, assistance in 

contacting the people responsible for 

providing victim and witness services 

and relief. 

(I) If necessary, how to file a military 

whistleblower complaint with an 

Inspector General regarding suspected 

reprisal for making, preparing to make, 

or being perceived as making or 

preparing to make a protected 

communication in accordance with 10 

U.S.C. 1034 and DoD Directive 7050.06,. 

(J) Information about the victim’s right 

to seek the advice of an attorney with 

respect to his or her rights as a crime 

victim pursuant to federal law and DoD 

policy. This includes the right of 

Service members and their dependents 

to consult a military legal assistance 

attorney in accordance with paragraph 

(c)(1) of this section, or a SVC/VLC in 

accordance with paragraph (d)(1) of this 

section. 

(3) Information to be provided during 

investigation of a crime. (i) If a victim 

or witness has not already received the 

DD Form 2701 from the local 

responsible official or designee, it will 

be provided by law enforcement officer 

or investigator. 

(ii) Local responsible officials or law 

enforcement investigators and criminal 

investigators will inform victims and 

witnesses, as appropriate, of the status 

of the investigation of the crime, to the 

extent providing such information does 

not interfere with the investigation. 

(4) Information and services to be 

provided concerning the prosecution of 

a crime. (i) The DD Form 2702, ‘‘CourtMartial Information for Victims and 

Witnesses of Crime,’’ will be used as a 

handout to convey basic information 

about the court-martial process. The 

date it is given to the victim or witness 

shall be recorded by the delivering 

official. If applicable, the following will 

be explained and provided by the U.S. 

Government attorney, or designee, to 

victims and witnesses: 

(A) Notification of crime victims’ 

rights, to include victim’s right to 

express views as to disposition of case 

to the responsible commander and 

convening authority, in accordance with 

Rule for Court-Martial 306 of the MCM. 

(B) Notification of the victim’s right to 

seek the advice of an attorney with 

respect to his or her rights as a crime 

victim pursuant to federal law and DoD 

policy. This includes the right of service 

members and their dependents to 

consult a military legal assistance 

attorney in accordance with paragraph 

(c)(1) of this section or a SVC/VLC in 

accordance with paragraph (d)(1) of this 

section. 

(C) Consultation concerning the 

decisions to prefer or not prefer charges 

against the accused offender and the 

disposition of the offense if other than 

a trial by court-martial. 

(D) Consultation concerning the 

decision to refer or not to refer the 

charges against the accused offender to 

trial by court-martial and notification of 

the decision to pursue or not pursue 


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court-martial charges against the 

accused offender. 

(E) Notification of the initial 

appearance of the accused offender 

before a reviewing officer or military 

judge at a public pretrial confinement 

hearing or at a preliminary hearing in 

accordance with section 832 (Article 32) 

of the UCMJ. 

(F) Notification of the release of the 

suspected offender from pretrial 

confinement. 

(G) Explanation of the court-martial 

process on referral to trial. 

(H) Before any court proceedings (as 

defined to include preliminary hearings 

pursuant to section 832 (Article 32) of 

the UCMJ, pretrial hearings pursuant to 

Article 39(a) of the UCMJ, trial, and 

presentencing hearings), assistance in 

obtaining available services such as 

transportation, parking, child care, 

lodging, and courtroom translators or 

interpreters that may be necessary to 

allow the victim or witness to 

participate in court proceedings. 

(I) During the court proceedings, a 

private waiting area out of the sight and 

hearing of the accused and defense 

witnesses. In the case of proceedings 

conducted aboard ship or in a deployed 

environment, provide a private waiting 

area to the greatest extent practicable. 

(J) Notification of the scheduling, 

including changes and delays, of a 

preliminary hearing pursuant to section 

832 (Article 32) of the UCMJ, and each 

court proceeding the victim is entitled 

to or required to attend will be made 

without delay. On request of a victim or 

witness whose absence from work or 

inability to pay an account is caused by 

the crime or cooperation in the 

investigation or prosecution, the 

employer or creditor of the victim or 

witness will be informed of the reasons 

for the absence from work or inability to 

make timely payments on an account. 

This requirement does not create an 

independent entitlement to legal 

assistance or a legal defense against 

claims of indebtedness. 

(K) Notification of the 

recommendation of a preliminary 

hearing officer when an Article 32 of the 

UCMJ preliminary hearing is held. 

(L) Consultation concerning any 

decision to dismiss charges or to enter 

into a pretrial agreement. 

(M) Notification of the disposition of 

the case, to include the acceptance of a 

plea of ‘‘guilty,’’ the rendering of a 

verdict, the withdrawal or dismissal of 

charges, or disposition other than courtmartial, to specifically include 

nonjudicial punishment under Article 

15 of the UCMJ, administrative 

processing or separation, or other 

administrative actions. 

(N) Notification to victims of the 

opportunity to present to the court at 

sentencing, in compliance with 

applicable law and regulations, a 

statement of the impact of the crime on 

the victim, including financial, social, 

psychological, and physical harm 

suffered by the victim. The right to 

submit a victim impact statement is 

limited to the sentencing phase and 

does not extend to the providence 

(guilty plea) inquiry before sentencing. 

(O) Notification of the offender’s 

sentence and general information 

regarding minimum release date, parole, 

clemency, and mandatory supervised 

release. 

(P) Notification of the opportunity to 

receive a copy of proceedings. The 

convening authority or subsequent 

responsible official must authorize 

release of a copy of the record of trial 

without cost to a victim of sexual 

assault as defined in Rule of CourtMartial (R.C.M.) 1104 of the MCM and 

Article 54(e) of the UCMJ. Victims of 

offenses other than sexual assault may 

also receive a copy of the record of trial, 

without cost, when necessary to lessen 

the physical, psychological, or financial 

hardships suffered as a result of a 

criminal act. 

(ii) After court proceedings, the local 

responsible official will take appropriate 

action to ensure that property of a 

victim or witness held as evidence is 

safeguarded and returned as 

expeditiously as possible. 

(iii) Except for information that is 

provided by law enforcement officials 

and U.S. Government trial counsel in 

accordance with paragraphs (b)(3) and 

(4) of this section, requests for 

information relating to the investigation 

and prosecution of a crime (e.g., 

investigative reports and related 

documents) from a victim or witness 

will be processed in accordance with 

DoD Instruction 1342.24. 

(iv) Any consultation or notification 

required by paragraph (b)(5)(i) of this 

section may be limited to avoid 

endangering the safety of a victim or 

witness, jeopardizing an ongoing 

investigation, disclosing classified or 

privileged information, or unduly 

delaying the disposition of an offense. 

Although the victim’s views should be 

considered, this part is not intended to 

limit the responsibility or authority of 

the Military Service or the Defense 

Agency officials to act in the interest of 

good order and discipline. 

(5) Information and services to be 

provided on conviction. (i) The Military 

Department trial counsel will explain 

and provide services to victims and 

witnesses on the conviction of an 

offender in a court-martial. The DD 

Form 2703, ‘‘Post-Trial Information for 

Victims and Witnesses of Crime,’’ will 

be used as a handout to convey basic 

information about the post-trial process. 

(ii) When appropriate, the following 

will be provided to victims and 

witnesses: 

(A) General information regarding 

convening authority action, the 

appellate process, the corrections 

process, information about work release, 

furlough, probation, parole, mandatory 

supervised release, or other forms of 

release from custody, and eligibility for 

each. 

(B) Specific information regarding the 

election to be notified of further actions 

in the case, to include the convening 

authority’s action, hearings and 

decisions on appeal, changes in inmate 

status, and consideration for parole. The 

DD Form 2704, ‘‘Victim/Witness 

Certification and Election Concerning 

Prisoner Status,’’ will be explained and 

used for victims and appropriate 

witnesses (e.g., those who fear harm by 

the offender) to elect to be notified of 

these actions, hearings, decisions, and 

changes in the offender’s status in 

confinement. 

(1) For all cases resulting in a 

sentence to confinement, the DD Form 

2704 will be completed and forwarded 

to the Service central repository, the 

gaining confinement facility, the local 

responsible official, and the victim or 

witness, if any, with appropriate 

redactions made by the delivering 

official. 

(i) Incomplete DD Forms 2704 

received by the Service central 

repository must be accompanied by a 

signed memorandum detailing the 

reasons for the incomplete information, 

or they will be sent back to the 

responsible legal office for correction. 

(ii) Do not allow an inmate access to 

DD Form 2704 or attach a copy of the 

forms to any record to which the 

confinee has access. Doing so could 

endanger the victim or witness. 

(2) For all cases resulting in 

conviction but no sentence to 

confinement, the DD Form 2704 will be 

completed and forwarded to the Service 

central repository, the local responsible 

official, and the victim or witness, if 

any. 

(3) The DD Forms 2704 and 2705, 

‘‘Notification to Victim/Witness of 

Prisoner Status,’’ are exempt from 

release in accordance with 32 CFR part 

286. 

(C) Specific information regarding the 

deadline and method for submitting a 

written statement to the convening 

authority for consideration when taking 

action on the case in accordance with 


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Article 60 of the UCMJ and R.C.M. 

1105A of the MCM. 

(6) Information and services to be 

provided on entry into confinement 

facilities. (i) The victim and witness 

assistance coordinator at the military 

confinement facility will: 

(A) On entry of an offender into posttrial confinement, obtain the DD Form 

2704 to determine victim or witness 

notification requirements. If the form is 

unavailable, ask the Service central 

repository whether any victim or 

witness has requested notification of 

changes in inmate status in the case. 

(B) When a victim or witness has 

requested notification of changes in 

inmate status on the DD Form 2704, and 

that status changes as listed in 

paragraph (b)(6)(ii) of this section, use 

the DD Form 2705, ‘‘Victim and Witness 

Notification of Changes in Inmate 

Status,’’ to notify the victim or witness. 

(1) The date the DD Form 2705 is 

given to the victim or witness shall be 

recorded by the delivering official. This 

serves as evidence that the officer 

notified the victim or witness of his or 

her statutory rights. 

(2) Do not allow the inmate access to 

DD Form 2705 or attach a copy of the 

forms to any record to which the inmate 

has access. Doing so could endanger the 

victim or witness. 

(C) Provide the earliest possible notice 

of: 

(1) The scheduling of a clemency or 

parole hearing for the inmate. 

(2) The results of the Service 

Clemency and Parole Board. 

(3) The transfer of the inmate from 

one facility to another. 

(4) The escape, immediately on 

escape, and subsequent return to 

custody, work release, furlough, or any 

other form of release from custody of the 

inmate. 

(5) The release of the inmate to 

supervision. 

(6) The death of the inmate, if the 

inmate dies while in custody or under 

supervision. 

(7) A change in the scheduled release 

date of more than 30 days from the last 

notification due to a disposition or 

disciplinary and adjustment board. 

(D) Make reasonable efforts to notify 

all victims and witnesses who have 

requested notification of changes in 

inmate status of any emergency or 

special temporary home release granted 

an inmate. 

(E) On transfer of an inmate to another 

military confinement facility, forward 

the DD Form 2704 to the gaining 

facility, with an information copy to the 

Service central repository. 

(ii) The status of victim and witness 

notification requests will be reported 

annually to the Service central 

repository. 

(7) Information and services to be 

provided on appeal. (i) When an 

offender’s case is docketed for review by 

a Court of Criminal Appeals, or is 

granted review by the Court of Appeals 

for the Armed Forces (C.A.A.F.) or by 

the U.S. Supreme Court, the U.S. 

Government appellate counsel for the 

Government or appropriate Military 

Service designee will ensure that all 

victims who have indicated a desire to 

be notified receive this information, if 

applicable: 

(A) Notification of the scheduling, 

including changes and delays, of each 

public court proceeding that the victim 

is entitled to attend. 

(B) Notification of the decision of the 

court. 

(ii) When an offender’s case is 

reviewed by the Office of The Judge 

Advocate General (TJAG) of the Military 

Department concerned, pursuant to 

Article 69 and Article 73 of the UCMJ, 

TJAG will ensure that all victims who 

have indicated a desire to be notified on 

DD Form 2704 receive notification of 

the outcome of the review. 

(iii) The Military Services may use the 

sample appellate notification letter 

found at Figure 1 of this section, or 

develop their own templates to keep 

victims informed of appellate court 

proceedings. 

(8) Information and services to be 

provided on consideration for parole or 

supervised release. (i) Before the parole 

or supervised release of a prisoner, the 

military confinement facility staff will 

review the DD Form 2704 to ensure it 

has been properly completed. If there is 

a question concerning named persons or 

contact information, it will be 

immediately referred to the appropriate 

staff judge advocate for correction. 

(ii) When considering a prisoner for 

release on supervision, the military 

confinement facility commander will 

ensure that all victims on the DD Form 

2704 indicating a desire to be notified 

were provided an opportunity to 

provide information to the Military 

Department Clemency and Parole Board 

in advance of its determination, as 

documented in the confinement file. 

(9) Reporting procedures. (i) To 

comply with the requirements of 10 

U.S.C., Public Law 113–66, and title 18 

of the United States Code, the DoD 

Component responsible official will 

submit an annual report using the DD 

Form 2706 to: Office of the Under 

Secretary of Defense for Personnel and 

Readiness, Attention: Legal Policy 

Office, 4000 Defense Pentagon, 

Washington, DC 20301–4000. 

(ii) The report will be submitted by 

March 15 for the preceding calendar 

year and will address the assistance 

provided victims and witnesses of 

crime. 

(iii) The report will include: 

(A) The number of victims and 

witnesses who received a DD Form 2701 

from law enforcement or criminal 

investigations personnel. 

(B) The number of victims who 

received a DD Form 2702 from U.S. 

Government trial counsel, or designee. 

(C) The number of victims and 

witnesses who received a DD Form 2703 

from U.S. Government trial counsel or 

designee. 

(D) The number of victims and 

witnesses who elected via the DD Form 

2704 to be notified of changes in inmate 

status. 

(E) The number of victims and 

witnesses who were notified of changes 

in inmate status by the confinement 

facility victim witness assistance 

coordinators via the DD Form 2705 or a 

computer-generated equivalent. 

(F) The cumulative number of inmates 

in each Military Service for whom 

victim witness notifications must be 

made by each Service’s confinement 

facilities. These numbers are derived by 

totaling the number of inmates with 

victim or witness notification 

requirements at the beginning of the 

year, adding new inmates with the 

requirement, and then subtracting those 

confinees who were released, deceased, 

or transferred to another facility (e.g., 

federal, State, or sister Military Service) 

during the year. 

(iv) The Office of the USD(P&R) will 

consolidate all reports submitted by 

each Military Service, and submit an 

annual report to the, and Bureau of 

Justice Statistics, and the Office for 

Victims of Crime, Department of Justice. 

(c) Special victim investigation and 

prosecution (SVIP) capability. (1) In 

accordance with DTM 14–003, section 

573 of Public Law 112–239, and, the 

Military Services will maintain a 

distinct, recognizable group of 

professionals to provide effective, 

timely, and responsive worldwide 

victim support, and a capability to 

support the investigation and 

prosecution of special victim offenses 

within the respective Military 

Departments. 

(2) Covered special victim offenses 

include: 

(i) Unrestricted reports of adult sexual 

assault. 

(ii) Unrestricted reports of domestic 

violence involving sexual assault and/or 

aggravated assault with grievous bodily 

harm. 


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(iii) Child abuse involving child 

sexual abuse and/or aggravated assault 

with grievous bodily harm. 

(3) Military Service SVIP programs 

will include, at a minimum, specially 

trained and selected: 

(i) Investigators from within MCIOs of 

the Military Departments. 

(ii) Judge advocates to serve as 

prosecutors. 

(iii) VWAP personnel. 

(iv) Paralegal or administrative legal 

support personnel. 

(4) Each Military Service will 

maintain standards for the selection, 

training, and certification of personnel 

assigned to provide this capability. At a 

minimum, SVIP training must: 

(i) Focus on the unique dynamics of 

sexual assault, aggravated domestic 

violence, and child abuse cases. 

(ii) Promote methods of interacting 

with and supporting special victims to 

ensure their rights are understood and 

respected. 

(iii) Focus on building advanced 

litigation, case management, and 

technical skills. 

(iv) Ensure that all SVIP legal 

personnel understand the impact of 

trauma and how this affects an 

individual’s behavior and the memory 

of a traumatic incident when interacting 

with a victim. 

(v) Train SVIP personnel to identify 

any safety concerns and specific needs 

of victims. 

(vi) Ensure SVIP personnel 

understand when specially trained 

pediatric forensic interviewers are 

required to support the investigation 

and prosecution of complex child abuse 

and child sexual abuse cases. 

(5) Each Military Service will 

maintain and periodically review 

measures of performance and 

effectiveness to objectively assess 

Service programs, policies, training, and 

services. At a minimum, these Servicelevel review measures will include: 

(i) Percentage of all preferred courtmartial cases that involve special victim 

offenses in each fiscal year. 

(ii) Percentage of special victim 

offense courts-martial tried by, or with 

the direct advice and assistance of, a 

specially trained prosecutor. 

(iii) Compliance with DoD VWAP 

informational, notification, and 

reporting requirements specified in 

paragraphs (b)(1) through (9) of this 

section, to ensure victims are consulted 

with and regularly updated by special 

victim capability legal personnel. 

(iv) Percentage of specially trained 

prosecutors and other legal support 

personnel having received additional 

and advanced training in topical areas. 

(6) The Military Services will also 

consider victim feedback on 

effectiveness of special victim 

prosecution and legal support services 

and recommendations for possible 

improvements, as provided in DoD 

survivor experience surveys or other 

available feedback mechanisms. This 

information will be used by the Military 

Services to gain a greater understanding 

of the reasons why a victim elected to 

participate or declined to participate at 

trial in accordance with Enclosure 12 of 

DoD Instruction 6495.02, and whether 

SVIP, VWAP, and other legal support 

services had any positive impact on this 

decision. 

(7) Designated SVIP capability 

personnel will collaborate with local 

DoD SARCs, sexual assault prevention 

and response victim advocates, Family 

Advocacy Program (FAP) managers, and 

domestic abuse victim advocates during 

all stages of the military justice process 

to ensure an integrated capability. 

(8) To support this capability, active 

liaisons shall be established at the 

installation level with these 

organizations and key individuals: 

(i) Local military and civilian law 

enforcement agencies. 

(ii) SARCs. 

(iii) Victim advocates. 

(iv) FAP managers. 

(v) Chaplains. 

(vi) Sexual assault forensic examiners 

and other medical and mental health 

care providers. 

(vii) Unit commanding officers. 

(viii) Other persons designated by the 

Secretaries of the Military Departments 

necessary to support special victims. 

(9) In cases of adult sexual assault the 

staff judge advocate or designated 

representative of the responsible legal 

office will participate in case 

management group meetings, in 

accordance with DoD Instruction 

6495.02, on a monthly basis to review 

individual cases. Cases involving 

victims who are assaulted by a spouse 

or intimate partner will be reviewed by 

FAP. 

(10) The staff judge advocate of the 

responsible legal office will participate 

in FAP case review or incident 

determination meetings of domestic 

violence, spouse or intimate partner 

sexual assault, and child abuse cases in 

accordance with DoD Instruction 

6400.06. 

(11) In the case of a victim who is 

under 18 years of age and not a member 

of the Military Services, or who is 

incompetent, incapacitated, or 

deceased, the military judge will 

designate in writing a representative of 

the estate of the victim, a family 

member, or another suitable individual 

to assume the victim’s rights under the 

UCMJ. The victim’s representative is 

designated for the sole purpose of 

assuming the legal rights of the victim 

as they pertain to the victim’s status as 

a victim of any offense(s) properly 

before the court. Under no 

circumstances will the individual 

designated as representative have been 

accused of any crime against the victim. 

(i) The Secretaries of the Military 

Departments may publish additional 

guidance or regulation regarding, who, 

before referral, may designate an 

appropriate representative, such as the 

convening authority or other qualified 

local responsible official. 

(ii) In making a decision to appoint a 

representative, the designating authority 

should consider: 

(A) The age and maturity, relationship 

to the victim. 

(B) The physical proximity to the 

victim. 

(C) The costs incurred in effecting the 

appointment. 

(D) The willingness of the proposed 

designee to serve in such a role. 

(E) The previous appointment of a 

guardian by a court of competent 

jurisdiction. 

(F) The preference of the victim, if 

known. 

(G) Any potential delay in any 

proceeding that may be caused by a 

specific appointment. 

(H) Any other relevant information. 

(iii) The representative, legal 

guardian, or equivalent of a victim of 

who is eligible, or in the case of a 

deceased victim, was eligible at the time 

of death for legal assistance provided by 

SVC/VLC, may elect legal representation 

for a SVC/VLC on behalf of the victim. 

(c) Legal assistance for crime 

victims—(1) Eligibility. Active and 

retired Service members and their 

dependents are entitled to receive legal 

assistance pursuant to 10 U.S.C. 1044 

and 1565 and Under Secretary for 

Defense for Personnel and Readiness 

Memorandum, ‘‘Legal Assistance for 

Sexual Assault Victims,’’ October 17, 

2011. 

(2) Information and Services. Legal 

assistance services for crime victims 

will include confidential advice and 

assistance for crime victims to address: 

(i) Rights and benefits afforded to the 

victim under law and DoD policy. 

(ii) Role of the VWAP coordinator or 

liaison. 

(iii) Role of the victim advocate. 

(iv) Privileges existing between the 

victim and victim advocate. 

(v) Differences between restricted and 

unrestricted reporting. 

(vi) Overview of the military justice 

system. 

(vii) Services available from 

appropriate agencies for emotional and 


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Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 29581 

mental health counseling and other 

medical services. 

(viii) Advising of rights to expedited 

transfer. 

(ix) Availability of and protections 

offered by civilian and military 

protective orders. 

(d) Special Victims’ Counsel/Victims’ 

Legal Counsel programs—(1) Eligibility. 

In accordance with 10 U.S.C. 1044, 

1044e, and 1565b, section 1716 of 

Public Law 113–66, and section 533 of 

the NDAA 2005, the Military Services 

provide legal counsel, known as SVC/ 

VLC, to assist victims of alleged sexrelated offenses including Articles 120, 

120a, 120b, and 120c, forcible sodomy 

under Article 125 of the UCMJ, attempts 

to commit such offenses under Article 

80 of the UCMJ, or other crimes under 

the UCMJ as authorized by the Service, 

who are eligible for legal assistance 

pursuant to 10 U.S.C. 1044e and as 

further prescribed by the Military 

Departments and National Guard 

Bureau policies. Individuals eligible for 

SVC/VLC representation include any of 

the following: 

(i) Individuals entitled to military 

legal assistance under 10 U.S.C. 1044 

and 1044e, and as further prescribed by 

the Military Departments and National 

Guard Bureau policies. (ii) Members of 

a reserve component of the armed 

forces, in accordance with section 533 

of NDAA 2005, and as further 

prescribed by the Military Departments 

and National Guard Bureau policies. 

(2) Attorney-client information and 

services. The types of legal services 

provided by SVC/VLC programs in each 

Military Service will include: 

(i) Legal consultation regarding the 

VWAP, including: 

(A) The rights and benefits afforded 

the victim. 

(B) The role of the VWAP liaison. 

(C) The nature of communication 

made to the VWAP liaison in 

comparison to communication made to 

a SVC/VLC or a legal assistance attorney 

pursuant to 10 U.S.C. 1044. 

(ii) Legal consultation regarding the 

responsibilities and support provided to 

the victim by the SARC, a unit or 

installation sexual assault victim 

advocate, or domestic abuse advocate, to 

include any privileges that may exist 

regarding communications between 

those persons and the victim. 

(iii) Legal consultation regarding the 

potential for civil litigation against other 

parties (other than the DoD). 

(iv) Legal consultation regarding the 

military justice system, including, but 

not limited to: 

(A) The roles and responsibilities of 

the military judge, trial counsel, the 

defense counsel, and military criminal 

investigators. 

(B) Any proceedings of the military 

justice process in which the victim may 

observe or participate in person or 

through his or her SVC/VLC. 

(v) Accompanying or representing the 

victim at any proceedings when 

necessary and appropriate, including 

interviews, in connection with the 

reporting, investigation, and 

prosecution of the alleged sex-related 

offense. 

(vi) Legal consultation regarding 

eligibility and requirements for services 

available from appropriate agencies or 

offices for emotional and mental health 

counseling and other medical services. 

(vii) Legal representation or 

consultation and assistance: 

(A) In personal civil legal matters in 

accordance with 10 U.S.C. 1044. 

(B) In any proceedings of the military 

justice process in which a victim can 

participate as a witness or other party. 

(C) In understanding the availability 

of, and obtaining any protections offered 

by, civilian and military protecting or 

restraining orders. 

(D) In understanding the eligibility 

and requirements for, and obtaining, 

any available military and veteran 

benefits, such as transitional 

compensation benefits found in 10 

U.S.C. 1059, DoD Instruction 1342.24, 

‘‘Transitional Compensation for Abused 

Dependents,’’ (available at http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

134224p.pdf), and other State and 

federal victims’ compensation programs. 

(E) The victim’s rights and options at 

trial, to include the option to state a 

preference to decline participation or 

withdraw cooperation as a witness and 

the potential consequences of doing so. 

(viii) Legal representation or 

consultation regarding the potential 

criminal liability of the victim stemming 

from or in relation to the circumstances 

surrounding the alleged sex-related 

offense (collateral misconduct), 

regardless of whether the report of that 

offense is restricted or unrestricted in 

accordance with DoD Instruction 

6495.02. Victims may also be referred to 

the appropriate defense services 

organization for consultation on the 

potential criminal implications of 

collateral misconduct. 

(ix) Other legal assistance as the 

Secretary of Defense or the Secretary of 

the Military Department concerned may 

authorize. 

Figure 1. Sample Appellate Notification 

Letter 

[Victim Name] 

[Address] 

Dear [Mr.][Mrs.][Ms.] [Victim Name]: 

The United States [Military Service] believes it is important to keep victims of crimes under the Uniform Code of Military Justice 

informed of court proceedings. Based on your request, we are providing you with information about the military appellate process and 

upcoming events in your case, in accordance with Department of Defense Instruction 1030.02, ‘‘Victim Witness Assistance.’’ 

[Name of Accused] (Appellant) filed an appeal of [his][her] criminal conviction on [Date] at the [Service] Court of Criminal Appeals. The 

process may take time before a decision is reached by the Court of Criminal Appeals. An appeal is a legal proceeding by which a case 

is brought before a higher court for review of the decision made by the lower, or trial, court. The Court of Criminal Appeals may 

decide this appeal solely on the basis of the brief submitted by the Appellant and the response which will be submitted by the U.S. 

Government, or the Court may decide to hold a public courtroom proceeding and hear the arguments made by the attorneys for both

sides. If the Court does determine a courtroom proceeding is warranted, you will be notified of the date and location so that you may 

attend. If the Court declines to hold a courtroom proceeding and decides the issue on the basis of the Appellant’s brief and the U.S. 

Government’s response, you will be notified of the ultimate decision. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
29582 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 

The ruling of the [Service] Court of Criminal Appeals is not necessarily the final resolution of this case. There are two courts superior 

to the Court of Criminal Appeals from which the Appellant could also seek review. If the Court of Criminal Appeals rules against the 

Appellant, [he][she] can seek review of that ruling at the Court of Appeals for the Armed Forces (C.A.A.F). If the Appellant is denied 

review by the C.A.A.F. [his][her] case becomes final and you will be informed. If review is granted by the C.A.A.F., you will be 

informed of the review taking place, of any courtroom proceedings, and of the final ruling. If C.A.A.F. grants review of the Appellant’s 

case and rules against [him][her], [he][she] could potentially appeal that decision to the Supreme Court of the United States. If this 

were to occur, you will be notified. Cases are also sometimes returned to the [Service] Court of Criminal Appeals for further 

proceedings. In addition, the Appellants may also petition the respective Military Department Judge Advocate General for a new trial 

based on newly discovered evidence or fraud upon the court. If that were to occur, you will be notified. 

For now, the Appellant has sought review of [his][her] conviction at the [Service] Court of Criminal Appeals. Nothing is required of 

you, but should you so desire, have any questions, or require further information, please contact [DESIGNATED REPRESENTATIVE 

AND CONTACT INFORMATION]. 

Sincerely, 

(Service designee) 

Dated: May 15, 2015. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2015–12256 Filed 5–21–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 155 

[Docket No. USCG–2011–0576] 

RIN 1625–AB75 

Higher Volume Port Area—State of 

Washington 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

redefining the boundaries of the existing 

higher volume port area in the Strait of 

Juan de Fuca and Puget Sound, in 

Washington. This rulemaking is 

required by statute, and is related to the 

Coast Guard’s maritime safety and 

stewardship missions. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before August 20, 2015 or reach 

the Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0576 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email LCDR John G. 

Peterson, CG–CVC–1, Coast Guard; 

telephone 202–372–1226, email 

John.G.Peterson@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Ms. Cheryl 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

II. Abbreviations 

III. Background 

IV. Discussion of Proposed Rule 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

We encourage you to submit 

comments (or related material) on this 

rulemaking. We will consider all 

submissions and may adjust our final 

action based on your comments. 

Comments should be marked with 

docket number USCG–2011–0576 and 

should provide a reason for each 

suggestion or recommendation. You 

should provide personal contact 

information so that we can contact you 

if we have questions regarding your 

comments; but please note that all 

comments will be posted to the online 

docket without change and that any 

personal information you include can be 

searchable online (see the Federal 

Register Privacy Act notice regarding 

our public dockets, 73 FR 3316, Jan. 17, 

2008). 

Mailed or hand-delivered comments 

should be in an unbound 81⁄2 × 11 inch 

format suitable for reproduction. The 

Docket Management Facility will 

acknowledge receipt of mailed 

comments if you enclose a stamped, 

self-addressed postcard or envelope 

with your submission. 

Documents mentioned in this notice 

of proposed rulemaking and all public 

comments, are in our online docket at 

http://www.regulations.gov and can be 

viewed by following the Web site’s 

instructions. You can also view the 

docket at the Docket Management 

Facility (see the mailing address under 

ADDRESSES) between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

We are not planning to hold a public 

meeting but will consider doing so if 

public comments indicate a meeting 

would be helpful. We would issue a 

separate Federal Register notice to 

announce the date, time, and location of 

such a meeting. 

II. Abbreviations 

BLS Bureau of Labor Statistics 

CFR Code of Federal Regulations 

E.O. Executive Order 

FR Federal Register 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS