Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 4239 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rulemaking is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This 

rulemaking will not result in an annual 

effect on the economy of $100 million 

or more; a major increase in costs or 

prices; or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of United States-based companies to 

compete with foreign-based companies 

in domestic and export markets. 

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1532, generally requires agencies to 

prepare a statement before proposing or 

adopting any rule that may result in an 

annual expenditure of $100 million or 

more by state, local, or tribal 

governments, or by the private sector. 

This rulemaking will not result in any 

such expenditure nor will it 

significantly or uniquely affect small 

governments. 

Executive Orders 12372 and 13132: 

Federalism 

This rulemaking 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. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Executive Order 12866: Regulatory 

Review 

Although the Department of State is 

generally exempt from the provisions of 

Executive Order 12866, it has reviewed 

this rulemaking to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

that Executive Order, and has 

determined that the benefits of the 

regulation justify any costs. The 

Department does not consider this 

rulemaking to be a significant regulatory 

action within the scope of section 3(f)(1) 

of the Executive Order. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed this 

rulemaking in light of sections 3(a) and 

3(b)(2) of Executive Order No. 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Section 5 of Executive 

Order 13175 do not apply to this 

rulemaking. 

The Paperwork Reduction Act of 1995 

The Department of State has 

determined that this rulemaking does 

not require any collection of 

information under the Paperwork 

Reduction Act. 

List of Subjects in 22 CFR Part 8 

Advisory Committee Management. 

Accordingly, under the authority of 

22 U.S.C. 2651a, for the reasons set forth 

in the preamble, the Department 

removes 22 CFR Part 8. 

PART 8—[REMOVED] 

Dated: January 12, 1012. 

Patrick J. Kennedy, 

Under Secretary for Management. 

[FR Doc. 2012–1851 Filed 1–26–12; 8:45 am] 

BILLING CODE 4710–08–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 103 

[DoD–2008–OS–0124; 0790–AI37] 

Sexual Assault Prevention and 

Response (SAPR) Program 

AGENCY: Department of Defense. 

ACTION: Interim final rule. 

SUMMARY: This part implements 

Department of Defense (DoD) policy and 

assigns responsibilities for the SAPR 

Program on prevention, response, and 

oversight to sexual assault. It is DoD 

policy to establish a culture free of 

sexual assault by providing an 

environment of prevention, education 

and training, response capability, victim 

support, reporting procedures, and 

accountability that enhances the safety 

and well being of all persons covered by 

the regulation. 

DATES: Effective: This rule is effective 

January 27, 2012. Comments must be 

received by March 27, 2012. 

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: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

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

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Diana Rangoussis, Senior Policy 

Advisor, Sexual Assault Prevention and 

Response Office (SAPRO), (703) 696– 

9422. 

SUPPLEMENTARY INFORMATION: This rule 

is being published as an interim final 

rule to: 

a. Implement DoD policy and assign 

responsibilities for the SAPR Program 

on prevention, response, and oversight 

to sexual assault. 

b. Incorporate all applicable 

congressional mandates and all 

applicable recommendations from the 

Inspector General of the Department of 

Defense (IG, DoD), Government 

Accountability Office, and Defense Task 

Force on Sexual Assault in the Military 

Services, to include the new Defense 

Sexual Assault Incident Database 

(DSAID) that will give the Department a 

clear view of the number of incidents at 

the installation level; 

c. Address vigorous congressional and 

public interest by publishing a revised 

and comprehensive DoD policy on the 

prevention of and response to sexual 

assaults involving members of the U.S. 

Armed Forces, which affords victims 

critical and unprecedented additional 

protections under this part; and 

d. Provide field guidance and training 

requirements to the Military 

Components to ensure individual 

resilience and unit readiness in the U.S. 

Armed Forces, which may be degraded 

by sexual assault, and thus enable 


pmangrum on DSK3VPTVN1PROD with RULES
4240 Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 

Service member victims to become fully 

mission capable and engaged once 

again. 

Additionally, until this rule is 

published as an interim final rule, adult 

spouses and other military dependents 

cannot elect Restricted Reporting or 

receive the services of a Sexual Assault 

Response Coordinator (SARC) or a 

Sexual Assault Prevention and 

Response VictimAdvocate (SAPR VA). 

Moreover, the rule and corresponding 

DoD policy mandate that all sexual 

assault victims are treated as emergency 

cases, regardless of visible physical 

injuries. Lastly, WHEN the Rule and 

corresponding DOD policy are 

published, DoD civilians outside of the 

continental United States (OCONUS) 

and DoD contractors (who are U.S. 

citizens and authorized to accompany 

U.S. military) will now be assured to 

receive emergency care for sexual 

assault (even when physical injuries are 

not present) and the services of a SARC 

and a SAPR VA during the emergency 

care. 

This rule: 

a. Incorporates all applicable 

congressional mandates from Section 

113 of Title 10, United States Code 

(U.S.C.), and Public Laws 109–364, 109– 

163, 108–375, 106–65, 110–417, and 

111–84; and all applicable 

recommendations from the IG, DoD; 

Government Accountability Office; and 

Defense Task Force on Sexual Assault in 

the Military Services; 

b. Establishes the creation, 

implementation, maintenance, and 

function of DSAID, an integrated 

database that will meet congressional 

reporting requirements, support Military 

Service SAPR Program management, 

and inform DoD SAPRO oversight 

activities; 

c. Increases the scope of applicability 

of this part by expanding the categories 

of persons covered by this part to 

include: 

1. National Guard and Reserve 

Component members who are sexually 

assaulted when performing active 

service, as defined in section 101(d)(3) 

of Title 10, U.S.C., and inactive duty 

training. Refer to DoD Instruction (DoDI) 

6495.02 for additional SAPR and 

medical services provided to such 

personnel and eligibility criteria for 

Restricted Reporting; 

2. Military dependents 18 years of age 

and older who are eligible for treatment 

in the military healthcare system, at 

installations in the continental United 

States (CONUS) and outside of the 

continental United States (OCONUS), 

and who were victims of sexual assault 

perpetrated by someone other than a 

spouse or intimate partner. (The Family 

Advocacy Program (FAP), pursuant to 

DoD Directive (DoDD) 6400.1, covers 

military dependent sexual assault 

victims who are assaulted by a spouse 

or intimate partner and military 

dependent sexual assault victims who 

are 17 years of age and younger); 

3. The following non-military 

personnel who are only eligible for 

limited medical services in the form of 

emergency care (see § 103.3 (g) of this 

rule), unless otherwise eligible to 

receive treatment in a military medical 

treatment facility. They will also be 

offered the limited SAPR services of a 

Sexual Assault Response Coordinator 

(SARC) and a SAPR Victim Advocate 

(VA) while undergoing emergency care 

OCONUS. Refer to DoDI 6495.02 for any 

additional SAPR and medical services 

provided. These limited medical and 

SAPR services shall be provided to: 

i. DoD civilian employees and their 

family dependents 18 years of age and 

older when they are stationed or 

performing duties OCONUS and eligible 

for treatment in the military healthcare 

system at military installations or 

facilities OCONUS. Refer to DoDI 

6495.02 for reporting options available 

to DoD civilians and their family 

dependents 18 years of age and older; 

ii. U.S. citizen DoD contractor 

personnel when they are authorized to 

accompany the Armed Forces in a 

contingency operation OCONUS and 

their U.S. citizen employees per DoDI 

3020.41. Refer to DoDI 6495.02 for 

reporting options available to DoD 

contractors; and 

4. Service members who are on active 

duty but were victims of sexual assault 

prior to enlistment or commissioning. 

They are eligible to receive full SAPR 

services and either reporting option. 

The focus of this part and DoDI 6495.02 

is on the victim of sexual assault. The 

DoD shall provide support to an active 

duty Service member regardless of when 

or where the sexual assault took place. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been determined that this rule 

is not a significant regulatory action. 

The rule does not: 

1. Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

2. Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

3. Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

4. Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that this rule does 

not contain a Federal mandate that may 

result in the expenditure by State, local 

and tribal governments, in aggregate, or 

by the private sector, of $100 million or 

more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that this rule is 

not subject to the Regulatory Flexibility 

Act (5 U.S.C. 601) because it would not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities. This rule 

provides SAPR Program guidance only. 

Public Law 96–511, ‘‘Paperwork 

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

Section 103.5(a)(9) of this interim 

final rule contains information 

collection requirements. DoD has 

submitted the following proposal to the 

Office of Management and Budget 

(OMB) under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). Comments are invited on: 

a. Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of DoD, 

including whether the information will 

have practical utility; 

b. The accuracy of the estimate of the 

burden of the proposed information 

collection; 

c. Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

d. Ways to minimize the burden of the 

information collection on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

Title: DSAID. 

Type of Request: New. 

Number of Respondents: 3,200. 

Responses Per Respondent: 1. 

Annual Responses: 3,200. 

Average Burden Per Response: 60 

minutes. 

Annual Burden Hours: 1 hour. 

Needs and Uses: A DoD database that 

captures uniform data provided by the 

Military Services and maintains all 

sexual assault data collected by the 

Military Services. This database shall be 

a centralized, case-level database for the 

uniform collection of data regarding 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 4241 

1Also known as ‘‘The Uniform Code of Military 

Justice.’’ 

incidence of sexual assaults involving 

persons covered by this part and DoDI 

6495.02. DSAID will include 

information when available, or when 

not limited by Restricted Reporting, or 

otherwise prohibited by law, about the 

nature of the assault, the victim, the 

offender, and the disposition of reports 

associated with the assault. Information 

in the DSAID will be used to respond to 

congressional reporting requirements, 

support Military Service SAPR Program 

management, and inform DoD SAPRO 

oversight activities. 

Affected Public: Federal Government; 

Individuals or Households; Business or 

Other For-Profit; Not-For-Profit 

Institutions; Farms; State, Local or 

Tribal Government. 

Frequency: On occasion. 

Respondent’s Obligation: Voluntary. 

OMB Desk Officer: 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

Ms. Jasmeet Seehra at the OMB, DoD 

Desk Officer, Room 10102, New 

Executive Office Building, Washington, 

DC 20503, with a copy to Ms. Darlene 

Sullivan at the DoD SAPRO, Oversight 

Program Manager, 1401 Wilson 

Boulevard, Suite 402, Arlington, VA 

22209. Comments can be received from 

30 to 60 days after the date of this 

notice, but comments to OMB will be 

most useful if received by OMB within 

30 days after the date of this notice. 

You may also submit comments, 

identified by docket number and title, 

by the following method: Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name, docket 

number and title 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. 

To request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to DoD SAPRO, 1401 

Wilson Boulevard, Suite 402, Arlington, 

VA 22209, ATTN: Ms. Darlene Sullivan, 

(703) 696–9422. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that this rule does 

not have federalism implications, as set 

forth in Executive Order 13132. This 

rule does not have substantial direct 

effects on: 

1. The States; 

2. The relationship between the 

National Government and the States; or 

3. The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 103 

Crime, Health, Military personnel. 

Accordingly, 32 CFR Part 103 is 

added to read as follows: 

PART 103—SEXUAL ASSAULT 

PREVENTION AND RESPONSE (SAPR) 

PROGRAM 

Sec. 

103.1 Purpose. 

103.2 Applicability. 

103.3 Definitions. 

103.4 Policy. 

103.5 Responsibilities. 

Authority: 10 U.S.C. 113; and Public Laws 

109–364, 109–163, 108–375, 106–65, 110– 

417, and 111–84. 

§ 103.1 Purpose. 

(a) This part reissues DoDD 6495.01, 

pursuant to section 113 of Title 10, 

U.S.C., to implement DoD policy and 

assign responsibilities for the SAPR 

Program on prevention, response, and 

oversight to sexual assault according to 

the guidance in: 

(1) This part; 

(2) DoDD 6495.01, ‘‘Sexual Assault 

Prevention and Response (SAPR) 

Program,’’ October 6, 2005 (hereby 

cancelled); 

(3) Sections 101(d)(3) and 113, 

chapter 47,1 and chapter 80 of title 10, 

U.S.C.; 

(4) DoDI 6495.02, ‘‘Sexual Assault 

Prevention and Response Program 

Procedures,’’ November 13, 2008; 

(5) DoDD 6400.1, ‘‘Family Advocacy 

Program (FAP),’’ August 23, 2004; 

(6) DoDI 6400.06, ‘‘Domestic Abuse 

Involving DoD Military and Certain 

Affiliated Personnel,’’ August 21, 2007, 

or the most recent edition; 

(7) U.S. Department of Defense, 

‘‘Manual for Courts-Martial,’’ 2008; 

(8) DoDD 7050.06, ‘‘Military 

Whistleblower Protection,’’ July 2007; 

(9) U.S. Department of Justice, Office 

on Violence Against Women, ‘‘A 

National Protocol for Sexual Assault 

Medical Forensic Examinations, Adults/ 

Adolescents,’’ September 2004, or the 

most recent edition; 

(10) DoDD 5400.11, ‘‘DoD Privacy 

Program,’’ May 8, 2007; 

(11) DoD 6025.18–R, ‘‘DoD Health 

Information Privacy Regulation,’’ 

January 24, 2003; 

(12) DoD 8910.1–M, ‘‘DoD Procedures 

for Management of Information 

Requirements,’’ June 30, 1998; 

(13) DoDD 5124.02, ‘‘Under Secretary 

of Defense for Personnel and Readiness 

(USD(P&R)),’’ June 23, 2008; 

(14) U.S. Department of Defense 

paper, ‘‘The Department of Defense 

Sexual Assault Prevention Strategy,’’ 

September 30, 2008; 

(15) Section 577 of Public Law 108– 

375, ‘‘Ronald Reagan National Defense 

Authorization Act for Fiscal Year 2005,’’ 

October 28, 2004; 

(16) Sections 561, 562, and 563 of 

Public Law 110–417, ‘‘The Duncan 

Hunter National Defense Authorization 

Act for Fiscal Year 2009,’’ October 14, 

2008; 

(17) Section 567(c) of Public Law 

111–84, ‘‘The National Defense 

Authorization Act for Fiscal Year 2010,’’ 

October 28, 2009; 

(18) Joint Publication 1–02, 

‘‘Department of Defense Dictionary of 

Military and Associated Terms,’’ current 

edition; and 

(19) DoD Instruction 3020.41, 

‘‘Contractor Personnel Authorized to 

Accompany the U.S. Armed Forces.’’ 

October 3, 2005. 

(b) [Reserved] 

§ 103.2 Applicability. 

This part applies to: 

(a) OSD, the Military Departments, the 

Office of the Chairman of the Joint 

Chiefs of Staff and the Joint Staff, the 

Combatant Commands, the IG, DoD, the 

Defense Agencies, the DoD Field 

Activities, and all other organizational 

entities within the DoD (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

(b) National Guard, and Reserve 

Component members who are sexually 

assaulted when performing active 

service, as defined in section 101(d)(3) 

of Title 10, U.S.C., and inactive duty 

training. Refer to DoDI 6495.02 for 

additional SAPR and medical services 

provided to such personnel and 

eligibility criteria for Restricted 

Reporting. 

(c) Military dependents 18 years of 

age and older, who are eligible for 

treatment in the military healthcare 

system, at installations in the 

continental United States (CONUS) and 

outside of the continental United States 

(OCONUS), and who were victims of 

sexual assault perpetrated by someone 

other than a spouse or intimate partner. 

(The FAP, pursuant to DoDD 6400.1, 

covers adult military dependent sexual 

assault victims who are assaulted by a 


pmangrum on DSK3VPTVN1PROD with RULES
4242 Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 

spouse or intimate partner and military 

dependent sexual assault victims who 

are 17 years of age and younger.) The 

FAP Program provides the full range of 

services provided to victims of domestic 

violence to victims who are sexually 

assaulted, in violation of Articles 120 

(Rape and Sexual Assault) and 125 

(Sodomy), UCMJ, by someone with 

whom they have an intimate partner 

relationship. 

(d) The following non-military 

personnel, who are only eligible for 

limited medical services in the form of 

emergency care (see § 103.3 of this part), 

unless otherwise eligible to receive 

treatment in a military medical 

treatment facility. They will also be 

offered the limited SAPR services of a 

SARC and a SAPR VA while undergoing 

emergency care OCONUS. Refer to DoDI 

6495.02 for any additional SAPR and 

medical services provided. These 

limited medical and SAPR services shall 

be provided to: 

(1) DoD civilian employees and their 

family dependents 18 years of age and 

older when they are stationed or 

performing duties OCONUS and eligible 

for treatment in the military healthcare 

system at military installations or 

facilities OCONUS. Refer to DoDI 

6495.02 for reporting options available 

to DoD civilians and their family 

dependents 18 years of age and older; 

and 

(2) U.S. citizen DoD contractor 

personnel when they are authorized to 

accompany the Armed Forces in a 

contingency operation OCONUS and 

their U.S. citizen employees per DoDI 

3020.41. Refer to DoDI 6495.02 for 

reporting options available to DoD 

contractors. 

(e) Service members who are on active 

duty but were victims of sexual assault 

prior to enlistment or commissioning. 

They are eligible to receive SAPR 

services and either reporting option. 

The focus of this part and DoDI 6495.02 

is on the victim of sexual assault. The 

DoD shall provide support to an active 

duty Service member regardless of when 

or where the sexual assault took place. 

(f) Supersedes all policy and 

regulatory guidance within the DoD not 

expressly mandated by law that is 

inconsistent with its provisions, or that 

would preclude execution. 

§ 103.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the purpose 

of this part. 

Confidential communication. Oral, 

written, or electronic communications 

of personally identifiable information 

concerning a sexual assault victim and 

the sexual assault incident provided by 

the victim to the SARC, SAPR VA, or 

healthcare personnel in a Restricted 

Report. This confidential 

communication includes the victim’s 

sexual assault forensic examination 

(SAFE) Kit and its information. See 

http://www.archives.gov/cui. 

Consent. Words or overt acts 

indicating a freely given agreement to 

the sexual conduct at issue by a 

competent person. An expression of 

lack of consent through words or 

conduct means there is no consent. Lack 

of verbal or physical resistance or 

submission resulting from the accused’s 

use of force, threat of force, or placing 

another person in fear does not 

constitute consent. A current or 

previous dating relationship or the 

manner of dress of the person involved 

with the accused in the sexual conduct 

at issue shall not constitute consent. 

There is no consent where the person is 

sleeping or incapacitated, such as due to 

age, alcohol or drugs, or mental 

incapacity. 

Crisis intervention. Emergency nonclinical care aimed at assisting victims 

in alleviating potential negative 

consequences by providing safety 

assessments and connecting victims to 

needed resources. Either the SARC or 

SAPR VA will intervene as quickly as 

possible to assess the victim’s safety and 

determine the needs of victims and 

connect them to appropriate referrals, as 

needed. 

Culturally-competent care. Care that 

provides culturally and linguistically 

appropriate services. 

DSAID. A DoD database that captures 

uniform data provided by the Military 

Services and maintains all sexual 

assault data collected by the Military 

Services. This database shall be a 

centralized, case-level database for the 

uniform collection of data regarding 

incidence of sexual assaults involving 

persons covered by this part and DoDI 

6495.02. DSAID will include 

information when available, or when 

not limited by Restricted Reporting, or 

otherwise prohibited by law, about the 

nature of the assault, the victim, the 

offender, and the disposition of reports 

associated with the assault. DSAID shall 

be available to the Sexual Assault and 

Response Office and the DoD to develop 

and implement congressional reporting 

requirements. Unless authorized by law, 

or needed for internal DoD review or 

analysis, disclosure of data stored in 

DSAID will only be granted when 

disclosure is ordered by a military, 

Federal, or State judge or other officials 

or entities as required by a law or 

applicable U.S. international agreement. 

This term and its definition are 

proposed for inclusion in the next 

edition of Joint Publication 1–02. 

Emergency. A situation that requires 

immediate intervention to prevent the 

loss of life, limb, sight, or body tissue 

to prevent undue suffering. Regardless 

of appearance, a sexual assault victim 

needs immediate medical intervention 

to prevent loss of life or undue suffering 

resulting from physical injuries internal 

or external, sexually transmitted 

infections, pregnancy, or psychological 

distress. Sexual assault victims shall be 

given priority as emergency cases 

regardless of evidence of physical 

injury. 

Emergency care. Emergency medical 

care includes physical and emergency 

psychological medical services and a 

SAFE consistent with the U.S. 

Department of Justice, Office on 

Violence Against Women Protocol. 

Gender-responsive care. Care the 

acknowledges and is sensitive to gender 

differences and gender-specific issues. 

Healthcare personnel. Persons 

assisting or otherwise supporting 

healthcare providers in providing 

healthcare services (e.g., administrative 

personnel assigned to a military medical 

treatment facility, or mental healthcare 

personnel). Healthcare personnel also 

includes all healthcare providers. 

Military Services. The term, as used in 

the SAPR Program, includes Army, Air 

Force, Navy, Marines, Reserve 

Components, and their respective 

Military Academies. 

Non-identifiable personal 

information. Non-identifiable personal 

information includes those facts and 

circumstances surrounding the sexual 

assault incident or that information 

about the individual that enables the 

identity of the individual to remain 

anonymous. In contrast, personal 

identifiable information is information 

belonging to the victim and alleged 

assailant of a sexual assault that would 

disclose or have a tendency to disclose 

the person’s identity. 

Official investigative process. The 

formal process a commander or law 

enforcement organization uses to gather 

evidence and examine the 

circumstances surrounding a report of 

sexual assault. 

Personal identifiable information. 

Includes the person’s name, other 

particularly identifying descriptions 

(e.g., physical characteristics or identity 

by position, rank, or organization), or 

other information about the person or 

the facts and circumstances involved 

that could reasonably be understood to 

identify the person (e.g., a female in a 

particular squadron or barracks when 

there is only one female assigned). 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 4243 

Qualifying conviction. A State or 

Federal conviction, or a finding of guilty 

in a juvenile adjudication, for a felony 

crime of sexual assault and any general 

or special court-martial conviction for a 

Uniform Code of Military Justice (UCMJ) 

offense, which otherwise meets the 

elements of a crime of sexual assault, 

even though not classified as a felony or 

misdemeanor within the UCMJ. In 

addition, any offense that requires 

registration as a sex offender is a 

qualifying conviction. 

Recovery-oriented care. Focus on the 

victim and on doing what is necessary 

and appropriate to support victim 

recovery, and also, if a Service member, 

to support that Service member to be 

fully mission capable and engaged. 

Restricted reporting. Reporting option 

that allows sexual assault victims to 

confidentially disclose the assault to 

specified individuals (i.e., SARC, SAPR 

VA, or healthcare personnel), in 

accordance with ‘‘Victim Centered 

Care’’ of U.S. Department of Justice, 

Office on Violence Against Women, ‘‘A 

National Protocol for Sexual Assault 

Medical Forensic Examinations, Adults/ 

Adolescents’’ and receive medical 

treatment, including emergency care, 

counseling, and assignment of a SARC 

and SAPR VA, without triggering an 

official investigation. The victim’s 

report provided to healthcare personnel 

(including the information acquired 

from a SAFE Kit), SARCs, or SAPR VAs 

will not be reported to law enforcement 

or to the command to initiate the official 

investigative process unless the victim 

consents or an established exception 

applies in accordance with DoDI 

6495.02. The Restricted Reporting 

Program applies to Service Members 

and their military dependents 18 years 

of age and older. For additional persons 

who may be entitled to Restricted 

Reporting, see eligibility criteria in DoDI 

6495.02. Only a SARC, SAPR VA, or 

healthcare personnel may receive a 

Restricted Report, previously referred to 

as Confidential Reporting. This term 

and its definition are proposed for 

inclusion in the next edition of Joint 

Publication 1–02. 

SAFE Kit. The medical and forensic 

examination of a sexual assault victim 

under circumstances and controlled 

procedures to ensure the physical 

examination process and the collection, 

handling, analysis, testing, and 

safekeeping of any bodily specimens 

and evidence meet the requirements 

necessary for use as evidence in 

criminal proceedings. The victim’s 

SAFE Kit is treated as a confidential 

communication when conducted as part 

of a Restricted Report. This term and its 

definition are proposed for inclusion in 

the next edition of Joint Publication 1– 

02. 

SAPRO. Serves as DoD’s single point 

of authority, accountability, and 

oversight for the SAPR program, except 

for legal processes and criminal 

investigative matters that are the 

responsibility of the Judge Advocates 

General of the Military Departments and 

the IG respectively. This term and its 

definition are proposed for inclusion in 

the next edition of Joint Publication 1– 

02. 

SAPR Program. A DoD program for 

the Military Departments and the DoD 

Components that establishes SAPR 

policies to be implemented worldwide. 

The program objective is an 

environment and military community 

intolerant of sexual assault. This term 

and its definition are proposed for 

inclusion in the next edition of Joint 

Publication 1–02. 

SAPR VA. A person who, as a victim 

advocate, shall provide non-clinical 

crisis intervention, referral, and ongoing 

non-clinical support to adult sexual 

assault victims. Support will include 

providing information on available 

options and resources to victims. The 

SAPR VA, on behalf of the sexual 

assault victim, provides liaison 

assistance with other organizations and 

agencies on victim care matters and 

reports directly to the SARC when 

performing victim advocacy duties. 

Personnel who are interested in serving 

as a SAPR VA are encouraged to 

volunteer for this duty assignment. This 

term and its definition are proposed for 

inclusion in the next edition of Joint 

Publication 1–02. 

SARC. The single point of contact at 

an installation or within a geographic 

area who oversees sexual assault 

awareness, prevention, and response 

training; coordinates medical treatment, 

including emergency care, for victims of 

sexual assault; and tracks the services 

provided to a victim of sexual assault 

from the initial report through final 

disposition and resolution. This term 

and its definition are proposed for 

inclusion in the next edition of Joint 

Publication 1–02. 

Senior commander. An officer, 

usually in the grade of O–6 or higher, 

who is the commander of a military 

installation or comparable unit and has 

been designated by the Military Service 

concerned to oversee the SAPR 

Program. 

Service member. An active duty 

member of a Military Service. In 

addition, National Guard and Reserve 

Component members who are sexually 

assaulted when performing active 

service, as defined in section 101(d)(3) 

of Title 10, U.S.C., and inactive duty 

training. 

Sexual assault. Intentional sexual 

contact characterized by use of force, 

threats, intimidation, or abuse of 

authority or when the victim does not 

or cannot consent. Sexual assault 

includes rape, forcible sodomy (oral or 

anal sex), and other unwanted sexual 

contact that is aggravated, abusive, or 

wrongful (including unwanted and 

inappropriate sexual contact), or 

attempts to commit these acts. 

Unrestricted reporting. A process that 

an individual covered by this policy 

uses to disclose, without requesting 

confidentiality or Restricted Reporting, 

that he or she is the victim of a sexual 

assault. Under these circumstances, the 

victim’s report provided to healthcare 

personnel, the SARC, a SAPR VA, 

command authorities, or other persons 

is reported to law enforcement and may 

be used to initiate the official 

investigative process. Additional policy 

and guidance are provided in DoDI 

6495.02. This term and its definition are 

proposed for inclusion in the next 

edition of Joint Publication 1–02. 

Victim. A person who asserts direct 

physical, emotional, or pecuniary harm 

as a result of the commission of a sexual 

assault. The term encompasses all 

persons 18 and over eligible to receive 

treatment in military medical treatment 

facilities; however, the Restricted 

Reporting Program applies to Service 

Members and their military dependents 

18 years of age and older. For additional 

persons who may be entitled to 

Restricted Reporting, see eligibility 

criteria in DoDI 6495.02. 

§ 103.4 Policy. 

It is DoD policy that: 

(a) This part and DoDI 6495.02 

implement the DoD SAPR policy. 

(b) The DoD goal is a culture free of 

sexual assault by providing an 

environment of prevention, education 

and training, response capability 

(defined in DoDI 6495.02), victim 

support, reporting procedures, and 

accountability that enhances the safety 

and well being of all persons covered by 

this part and DoDI 6495.02. 

(c) The SAPR Program shall: 

(1) Focus on the victim and on doing 

what is necessary and appropriate to 

support victim recovery, and also, if a 

Service member, to support that Service 

member to be fully mission capable and 

engaged. The SAPR Program shall 

provide care that is gender-responsive, 

culturally-competent, and recoveryoriented. (See § 103.3 of this part) 

(2) Not provide policy for legal 

processes within the responsibility of 

the Judge Advocates General of the 

Military Departments provided in 


pmangrum on DSK3VPTVN1PROD with RULES
4244 Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 

Chapter 47 of Title 10, U.S.C. (also 

known as and hereafter referred to as 

‘‘UCMJ’’) and the Manual for Court’sMartial or for criminal investigative 

matters assigned to the Judge Advocates 

General of the Military Departments and 

IG, DoD. 

(d) Standardized SAPR requirements, 

terminology, guidelines, protocols, and 

guidelines for instructional materials 

shall focus on awareness, prevention, 

and response at all levels as appropriate. 

(e) The terms ‘‘Sexual Assault 

Response Coordinator (SARC)’’ and 

‘‘SAPR Victim Advocate (VA),’’ as 

defined in this part and the DoDI 

6495.02, shall be used as standard terms 

throughout the DoD to facilitate 

communications and transparency 

regarding SAPR capacity. For further 

information regarding SARC and SAPR 

VA roles and responsibilities, see DoDI 

6495.02. 

(1) SARC. The SARC shall serve as the 

single point of contact for coordinating 

appropriate and responsive care for 

sexual assault victims. SARCs shall 

coordinate sexual assault victim care 

and sexual assault response when a 

sexual assault is reported. The SARC 

shall supervise SAPR VAs, but may be 

called on to perform victim advocacy 

duties. 

(2) SAPR VA. The SAPR VA shall 

provide non-clinical crisis intervention 

and on-going support, in addition to 

referrals for adult sexual assault victims. 

Support will include providing 

information on available options and 

resources to victims. 

(f) Command sexual assault awareness 

and prevention programs, as well as law 

enforcement and criminal justice 

procedures that enable persons to be 

held accountable for their actions, as 

appropriate, shall be established and 

supported by all commanders. 

(g) An immediate, trained sexual 

assault response capability (defined in 

DoDI 6495.02) shall be available for 

each report of sexual assault in all 

locations, including in deployed 

locations. The response time may be 

affected by operational necessities, but 

will reflect that sexual assault victims 

shall be treated as emergency cases. 

(h) Victims of sexual assault shall be 

protected from coercion, retaliation, and 

reprisal in accordance with DoDD 

7050.06. 

(i) Victims of sexual assault shall be 

protected, treated with dignity and 

respect, and shall receive timely access 

to comprehensive medical treatment, 

including emergency care treatment and 

services, as described in this part and 

DoDI 6495.02. 

(j) Emergency care shall consist of 

emergency medical care and the offer of 

a SAFE consistent with the ‘‘A National 

Protocol for Sexual Assault Medical 

Forensic Examinations, Adults/ 

Adolescents’’ and refer to DD Form 

2911, ‘‘DoD Sexual Assault Medical 

Forensic Examination Report’’ and 

accompanying instructions. The victim 

shall be advised that even if a SAFE is 

declined, the victim is encouraged (but 

not mandated) to receive medical care, 

psychological care, and victim 

advocacy. 

(1) Sexual assault patients shall be 

given priority, so that they shall be 

treated as emergency cases. A sexual 

assault victim needs immediate medical 

intervention to prevent loss of life or 

suffering resulting from physical 

injuries (internal or external), sexually 

transmitted infections, pregnancy, and 

psychological distress. Individuals 

disclosing a recent sexual assault shall, 

with their consent, be quickly 

transported to the exam site, promptly 

evaluated, treated for serious injuries, 

and then, with the patient’s consent, 

undergo a SAFE, pursuant to ‘‘Victim 

Centered Care’’ of ‘‘A National Protocol 

for Sexual Assault Medical Forensic 

Examinations, Adults/Adolescents’’ and 

refer to DD Form 2911 and 

accompanying instructions. 

(2) Sexual assault patients shall be 

treated as emergency cases, regardless of 

whether physical injuries are evident. 

Patients’ needs shall be assessed for 

immediate medical or mental health 

intervention pursuant to ‘‘Victim 

Centered Care,’’ and ‘‘Triage and Intake’’ 

of ‘‘A National Protocol for Sexual 

Assault Medical Forensic Examinations, 

Adults/Adolescents.’’ Sexual assault 

victims shall be treated uniformly, 

consistent with ‘‘Victim Centered Care’’ 

of ‘‘A National Protocol for Sexual 

Assault Medical Forensic Examinations, 

Adults/Adolescents’’ and DD Form 2911 

and accompanying instructions, 

regardless of their behavior because 

when severely traumatized, sexual 

assault patients may appear to be calm, 

indifferent, submissive, jocular, angry, 

emotionally distraught, or even 

uncooperative or hostile towards those 

who are trying to help. 

(k) Service members and their 

dependents who are 18 years of age or 

older covered by this part (see 

§ 103.2(d)) and DoDI 6495.02 who are 

sexually assaulted have two reporting 

options: Unrestricted or Restricted 

Reporting. Complete, Unrestricted 

Reporting of sexual assault is favored by 

the DoD. See DoDI 6495.02 for 

additional information on the DoD 

sexual assault reporting options and 

exceptions as they apply to Restricted 

Reporting. Consult DoDD 5400.11 and 

DoD 6025.18–R for protections of 

personally identifiable information 

solicited, collected, maintained, 

accessed, used, disclosed, and disposed 

during the treatment and reporting 

processes. The two reporting options are 

as follows: 

(1) Unrestricted Reporting allows an 

eligible person who is sexually 

assaulted to access medical treatment 

and counseling and request an official 

investigation of the allegation using 

existing reporting channels (e.g., chain 

of command, law enforcement, 

healthcare personnel, the SARC). When 

a sexual assault is reported through 

Unrestricted Reporting, a SARC shall be 

notified as soon as possible, respond, 

assign a SAPR VA, and offer the victim 

medical care and a SAFE. 

(2) Restricted Reporting allows sexual 

assault victims (see eligibility criteria in 

§ 103.2(c) of this part) to confidentially 

disclose the assault to specified 

individuals (i.e., SARC, SAPR VA, or 

healthcare personnel), in accordance 

with DoDD 5400.11, and receive 

medical treatment, including emergency 

care, counseling, and assignment of a 

SARC and SAPR VA, without triggering 

an official investigation. The victim’s 

report to healthcare personnel 

(including the information acquired 

from a SAFE Kit), SARCs, or SAPR VAs 

will not be reported to law enforcement 

or to the victim’s command, to initiate 

the official investigative process, unless 

the victim consents or an established 

exception applies in accordance with 

DoDI 6495.02. When a sexual assault is 

reported through Restricted Reporting, a 

SARC shall be notified as soon as 

possible, respond, assign a SAPR VA, 

and offer the victim medical care and a 

SAFE. 

(i) Eligibility for Restricted Reporting. 

The Restricted Reporting Program 

applies to Service Members and their 

military dependents 18 years of age and 

older. For additional persons who may 

be entitled to Restricted Reporting, see 

eligibility criteria in DoDI 6495.02. 

(ii) DoD Dual Objectives. The DoD is 

committed to ensuring victims of sexual 

assault are protected; treated with 

dignity and respect; and provided 

support, advocacy, and care. The DoD 

supports effective command awareness 

and preventive programs. The DoD also 

strongly supports applicable law 

enforcement and criminal justice 

procedures that enable persons to be 

held accountable for sexual assault 

offenses and criminal dispositions, as 

appropriate. To achieve these dual 

objectives, DoD preference is for 

complete Unrestricted Reporting of 

sexual assaults to allow for the 

provision of victims’ services and to 

pursue accountability. However, 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 4245 

Unrestricted Reporting may represent a 

barrier for victims to access services, 

when the victim desires no command or 

law enforcement involvement. 

Consequently, the Department 

recognizes a fundamental need to 

provide a confidential disclosure 

vehicle via the Restricted Reporting 

option. 

(iii) Designated Personnel Authorized 

to Accept a Restricted Report. Only the 

SARC, SAPR VA, or healthcare 

personnel are designated as authorized 

to accept a Restricted Report. 

(iv) SAFE Confidentiality Under 

Restricted Reporting. A SAFE and its 

information shall be afforded the same 

confidentiality as is afforded victim 

statements under the Restricted 

Reporting option. See DoDI 6495.02 for 

additional information. 

(v) Disclosure of Confidential 

Communications. In cases where a 

victim elects Restricted Reporting, the 

SARC, assigned SAPR VA, and 

healthcare personnel may not disclose 

confidential communications or SAFE 

Kit information to law enforcement or 

command authorities, either within or 

outside the DoD, except as provided in 

DoDI 6495.02. In certain situations 

when information about a sexual assault 

comes to the commander’s or law 

enforcement official’s attention from a 

source independent of the Restricted 

Reporting avenues and an independent 

investigation is initiated, a SARC, SAPR 

VA, or healthcare personnel may not 

disclose confidential communications if 

obtained under Restricted Reporting 

(see exceptions to Restricted Reporting 

in DoDI 6495.02). Improper disclosure 

of confidential communications under 

Restricted Reporting, improper release 

of medical information, and other 

violations of this part are prohibited and 

may result in discipline pursuant to the 

UCMJ, or other adverse personnel or 

administrative actions. 

(l) Enlistment or commissioning of 

personnel in the Military Services shall 

be prohibited and no waivers allowed 

when the person has a qualifying 

conviction (see § 103.3) for a crime of 

sexual assault. 

(m) The focus of this part and DoDI 

6495.02 is on the victim of sexual 

assault. The DoD shall provide support 

to an active duty Service member 

regardless of when or where the sexual 

assault took place. 

§ 103.5 Responsibilities. 

(a) In accordance with the authority in 

DoDD 5124.02, the USD(P&R) shall: 

(1) Develop overall policy and 

provide oversight for the DoD SAPR 

Program, except legal processes in the 

UCMJ and criminal investigative matters 

assigned to the Judge Advocates General 

of the Military Departments and IG, DoD 

respectively. 

(2) Develop strategic program 

guidance, joint planning objectives, 

standard terminology, and identify 

legislative changes needed to ensure the 

future availability of resources in 

support of DoD SAPR policies. 

(3) Develop metrics to measure 

compliance and effectiveness of SAPR 

training, awareness, prevention, and 

response policies and programs. 

Analyze data and make 

recommendations regarding the SAPR 

policies and programs to the Secretaries 

of the Military Departments. 

(4) Monitor compliance with this part 

and DoDI 6495.02, and coordinate with 

the Secretaries of the Military 

Departments regarding Service SAPR 

policies. 

(5) Collaborate with Federal and State 

agencies that address SAPR issues and 

serve as liaison to them as appropriate. 

Strengthen collaboration on sexual 

assault policy matters with U.S. 

Department of Veterans Affairs on the 

issues of providing high quality and 

accessible health care and benefits to 

victims of sexual assault. 

(6) Oversee the DoD SAPRO. Serving 

as the DoD single point of authority, 

accountability, and oversight for the 

SAPR program, SAPRO provides 

recommendations to the USD(P&R) on 

the issue of DoD sexual assault policy 

matters on prevention, response, and 

oversight. SAPRO is responsible for: 

(i) Implementing and monitoring 

compliance with DoD sexual assault 

policy on prevention and response, 

except for legal processes in the UCMJ 

and Manual for Courts-Martial and 

criminal investigative matters assigned 

to the Judge Advocates General of the 

Military Departments and IG 

respectively. 

(ii) Providing technical assistance to 

the Heads of the DoD Components in 

addressing matters concerning SAPR. 

(iii) Acquiring quarterly and annual 

SAPR data from the Military Services, 

assembling annual congressional reports 

involving persons covered by this part 

and DoDI 6495.0, and consult with and 

relying on the Judge Advocates General 

of the Military Departments in questions 

concerning disposition results of sexual 

assault cases in their respective 

departments. 

(iv) Establishing reporting categories 

and monitoring specific goals included 

in the annual SAPR assessments of each 

Military Service, in their respective 

departments. 

(v) Overseeing the creation, 

implementation, maintenance, and 

function of DSAID, an integrated 

database that will meet congressional 

reporting requirements, support Service 

SAPR Program management, and inform 

DoD SAPRO oversight activities. 

(b) The Assistant Secretary of Defense 

for Health Affairs (ASD(HA)), under the 

authority, direction, and control of the 

USD(P&R), shall advise the USD(P&R) 

on DoD sexual assault healthcare 

policies, clinical practice guidelines, 

related procedures, and standards 

governing DoD healthcare programs for 

victims of sexual assault. The ASD(HA) 

shall direct that all sexual assault 

patients be given priority, so that they 

shall be treated as emergency cases. 

(c) The Director of the Defense Human 

Resources Activity (DoDHRA), under 

the authority, direction, and control of 

USD(P&R), shall provide operational 

support to the USD(P&R) as outlined in 

paragraph (a)(6) of this section. 

(d) The General Counsel of the DoD 

(GC, DoD), shall provide advice and 

assistance on all legal matters, including 

the review and coordination of all 

proposed issuances and exceptions to 

policy and the review of all legislative 

proposals affecting mission and 

responsibilities of the DoD SAPRO. 

(e) The IG, DoD, shall: 

(1) Develop and oversee the 

promulgation of criminal investigative 

and law enforcement policy regarding 

sexual assault and establish guidelines 

for the collection and preservation of 

evidence with non-identifiable personal 

information on the victim, for the 

Restricted Reporting process, in 

coordination with the ASD(HA). 

(2) Oversee criminal investigations of 

sexual assault conducted by the DoD 

Components. 

(3) Collaborate with the DoD SAPRO 

on sexual assault matters. 

(f) The Secretaries of the Military 

Departments shall: 

(1) Establish departmental policies 

and procedures to implement the SAPR 

Program consistent with the provisions 

of this part and DoDI 6495.02, to 

include the Military Academies within 

their cognizance; monitor departmental 

compliance with this part and DoDI 

6495.02. 

(2) Coordinate all Military Service 

SAPR policy changes with the 

USD(P&R). 

(3) In coordination with USD(P&R), 

implement recommendations regarding 

Military Service compliance and 

effectiveness of SAPR training, 

awareness, prevention, and response 

policies and programs. 

(4) Align Service SAPR Strategic 

Plans with the DoD SAPR Strategic 

Plan. 

(5) Align Service prevention strategy 

with the Spectrum of Prevention, 

consistent with the DoD Sexual Assault 


pmangrum on DSK3VPTVN1PROD with RULES
4246 Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 

Prevention Strategy, which consists of 

six pillars: 

(i) Influencing Policy 

(ii) Changing Organizational Practices 

(iii) Fostering Coalitions and 

Networks 

(iv) Educating Providers 

(v) Promoting Community Education 

(vi) Strengthening Individual 

Knowledge and Skills 

(6) Require commanders to ensure 

that medical treatment (including 

emergency care) and SAPR services are 

provided to victims of sexual assaults in 

a timely manner unless declined by the 

victim. 

(7) Utilize the terms ‘‘Sexual Assault 

Response Coordinator (SARC)’’ and 

‘‘SAPR Victim Advocate (VA),’’ as 

defined in this part and DoDI 6495.02, 

as standard terms to facilitate 

communications and transparency 

regarding sexual assault response 

capacity. 

(8) Establish the position of the SARC 

to serve as the single point of contact for 

ensuring that sexual assault victims 

receive appropriate and responsive care. 

The SARC should be a Service member, 

DoD civilian employee, or National 

Guard technician. 

(9) Provide program-appropriate 

resources to enable the Combatant 

Commanders to achieve compliance 

with the policies set forth in this part 

and DoDI 6495.02. 

(10) Establish and codify Service 

SAPR Program support to Combatant 

Commands and Defense Agencies, 

either as a host activity or in a deployed 

environment. 

(11) Provide SAPR Program and 

obligation data to the USD(P&R), as 

required. 

(12) Submit quarterly reports to the 

USD(P&R) that include information 

regarding all sexual assaults reported 

during the quarter, until DSAID 

becomes fully operational for each 

individual Service. Require 

confirmation that a multi-disciplinary 

case management group tracks each 

open Unrestricted Report and that a 

multi-disciplinary case management 

group meetings are held monthly for 

reviewing all Unrestricted Reports of 

sexual assaults. 

(13) Provide annual reports of sexual 

assaults involving persons covered by 

this part and DoDI 6495.02 to the DoD 

SAPRO for consolidation into the 

annual report to Congress in accordance 

with sections 577 of Public Law 108– 

375. 

(14) Provide data connectivity, or 

other means, to authorized users to 

ensure all sexual assaults reported in 

theater and other joint environments are 

incorporated into the DSAID, or 

authorized interfacing systems for the 

documentation of reports of sexual 

assault, as required by section 563 of 

Public Law 110–417. 

(15) Ensure that Service data systems 

used to report case-level sexual assault 

information into the DSAID are 

compliant with DoD data reporting 

requirements, pursuant to section 563 of 

Public Law 110–417. 

(16) Require extensive, continuing indepth SAPR training for DoD personnel 

and specialized SAPR training for 

commanders, senior enlisted leaders, 

SARCs, SAPR VAs, investigators, law 

enforcement officials, chaplains, 

healthcare personnel, and legal 

personnel in accordance with DoDI 

6495.02. 

(17) Oversee sexual assault training 

within the DoD law enforcement 

community. 

(18) Direct that Service military 

criminal investigative organizations 

require their investigative units to 

communicate with their servicing SARC 

and participate with the multidisciplinary Case Management Group 

convened by the SARC, in accordance 

with this part and DoDI 6495.02. 

(19) Provide commanders with 

procedures that: 

(i) Establish guidance for when a 

Military Protective Order (MPO) has 

been issued, that the Service member 

who is protected by the order is 

informed, in a timely manner, of the 

member’s option to request transfer 

from the command to which that 

member is assigned in accordance with 

section 567(c) of Public Law 111–84. 

(ii) Ensure that the appropriate 

civilian authorities shall be notified of 

the issuance of a military protective 

order (MPO) and of the individuals 

involved in the order, when an MPO has 

been issued against a Service member or 

when any individual addressed in the 

MPO does not reside on a military 

installation at any time when an MPO 

is in effect. An MPO issued by a military 

commander shall remain in effect until 

such time as the commander terminates 

the order or issues a replacement order. 

(See section 561 of Pub. L. 110–417.) 

The issuing commander also shall notify 

the appropriate civilian authorities of 

any change made in a protective order 

covered by Chapter 80 of Title 10, 

U.S.C., and the termination of the 

protective order. 

(iii) Ensure that the person seeking 

the MPO shall be advised that the MPO 

is not enforceable by civilian authorities 

off base and that victims desiring 

protection off base are advised to seek 

a civilian protective order (see section 

561 of 110–417 and section 567(c) of 

Pub. L. 111–84). 

(g) The Chairman of the Joint Chiefs 

of Staff shall: 

(1) Assess SAPR as part of the overall 

force planning function of any force 

deployment decision, and periodically 

reassess the SAPR posture of deployed 

forces. 

(2) Monitor implementation of this 

part, DoDI 6495.02, and implementing 

instructions, including during military 

operations. 

(3) Utilize the terms ‘‘Sexual Assault 

Response Coordinator (SARC)’’ and 

‘‘SAPR Victim Advocate (VA),’’ as 

defined in this part and DoDI 6495.02, 

as standard terms to facilitate 

communications and transparency 

regarding sexual assault response 

capacity. 

(4) Review relevant documents, 

including the Combatant Commanders’ 

joint plans, operational plans, concept 

plans, and deployment orders, to ensure 

they identify and include SAPR 

Program requirements. 

(h) The Commanders of the 

Combatant Commands, in coordination 

with the other Heads of the DoD 

Components and through the Chairman 

of the Joint Chiefs of Staff, shall: 

(1) Establish policies and procedures 

to implement the SAPR Program and 

oversee compliance with this part and 

DoDI 6495.02 within their areas of 

responsibility and during military 

operations. 

(2) Formally document agreements 

with installation host Service 

commanders, component theater 

commanders, or other heads of another 

agency or organization, for investigative, 

legal, medical, counseling, or other 

response support provided to incidents 

of sexual assault. 

(3) Direct that relevant documents are 

drafted, including joint operational 

plans and deployment orders, that 

establish theater-level requirements for 

the prevention of and response to 

incidents of sexual assault that occur, to 

include during the time of military 

operations. 

(4) Require that sexual assault 

response capability information be 

provided to all persons within their area 

of responsibility covered by this part 

and DoDI 6495.02, to include reporting 

options and SAPR services available at 

deployed locations and how to access 

these options. 

(5) Ensure medical treatment 

(including emergency care) and SAPR 

services are provided to victims of 

sexual assaults in a timely manner 

unless declined by the victim. 

(6) Direct subordinate commanders 

coordinate relationships and agreements 

for host or installation support at 

forward-deployed locations to ensure a 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 4247 

sexual assault response capability is 

available to members of their command 

and persons covered by this part and 

DoDI 6495.02 as consistent with 

operational requirements. 

(7) Direct that sexual assault incidents 

are given priority so that they shall be 

treated as emergency cases. 

(8) Direct subordinate commanders 

provide all personnel with procedures 

to report sexual assaults. 

(9) Require subordinate commanders 

at all levels to monitor the command 

climate with respect to SAPR, and take 

appropriate steps to address problems. 

(10) Require that SAPR training for 

DoD personnel and specialized training 

for commanders, senior enlisted leaders, 

SARCs, SAPR VAs, investigators, law 

enforcement officials, chaplains, 

healthcare personnel, and legal 

personnel be conducted prior to 

deployment in accordance with DoDI 

6495.02. 

(11) Direct subordinate commanders 

to develop procedures that: 

(i) Establish guidance for when an 

MPO has been issued, that the Service 

member who is protected by the order 

is informed, in a timely manner, of the 

member’s option to request transfer 

from the command to which that 

member is assigned in accordance with 

section 567(c) of Public Law 111–84. 

(ii) In OCONUS areas, if appropriate, 

direct that the appropriate civilian 

authorities be notified of the issuance of 

an MPO and of the individuals involved 

in an order when an MPO has been 

issued against a Service member or 

when any individual involved in the 

MPO does not reside on a military 

installation when an MPO is in effect. 

An MPO issued by a military 

commander shall remain in effect until 

such time as the commander terminates 

the order or issues a replacement order. 

(See section 561 of Pub. L. 110–417.) 

The issuing commander also shall notify 

the appropriate civilian authorities of 

any change made in a protective order 

covered by Chapter 80 of Title 10, 

U.S.C. and the termination of the 

protective order. 

(iii) Ensure that the person seeking 

the MPO is advised that the MPO is not 

enforceable by civilian authorities off 

base and victims desiring protection off 

base should be advised to seek a civilian 

protective order in that jurisdiction 

pursuant to section 562 of Public Law 

110–417. 

(i) The Director, DoDHRA, shall 

provide operational support to the 

USD(P&R) as outlined in paragraph 

(a)(6) of this section. 

Dated: January 20, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison, Department of 

Defense. 

[FR Doc. 2012–1785 Filed 1–26–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–1117] 

Drawbridge Operation Regulations; 

Atlantic Intracoastal Waterway and 

Biscayne Bay, Miami, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviations 

from regulations. 

SUMMARY: The Commander, Seventh 

Coast Guard District, has issued 

temporary deviations from the 

regulations governing the operation of 

the following two bridges in Miami, 

Florida: The Venetian Causeway Bridge 

(West), mile 1088.6, across the Atlantic 

Intracoastal Waterway; and the Venetian 

Causeway Bridge (East), across Biscayne 

Bay. The deviations are necessary due to 

the high volume of vessel and vehicle 

traffic anticipated because of the Miami 

International Boat Show. These 

deviations will result in the bridges only 

opening to navigation on the hour and 

half-hour before, during, and after the 

Miami International Boat Show. 

DATES: These deviations are effective 

from 7 a.m. on February 13, 2012 

through 9 p.m. on February 21, 2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

1117 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–1117 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search’’. They 

are also available for inspection or 

copying at the 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Michael Lieberum, Seventh 

District Bridge Branch, Coast Guard; 

telephone (305) 415–6744, email 

Michael.B.Lieberum@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The 

Miami International Boat Show 

Operations Manager has requested 

temporary modifications to the 

operating schedules of the Venetian 

Causeway Bridge (West) and the 

Venetian Causeway Bridge (East) in 

Miami, Florida. These deviations will 

result in the bridges being allowed to 

open only on the hour and half-hour 

from 7 a.m. to 9 p.m. daily, from 

February 13, 2012 through February 21, 

2012. 

The Miami International Boat Show 

generates a high volume of vessel and 

vehicle traffic. In previous years, 

opening these bridges on demand has 

resulted in significant vehicle 

congestion. By opening the bridges only 

on the hour and half-hour (rather than 

on demand) traffic congestion will be 

reduced. The temporary deviation will 

be effective from 7 a.m. on February 13, 

2012 through 9 p.m. on February 21, 

2012. 

The details, regular operating 

schedule, and deviation period for each 

bridge are set forth below. 

1. Venetian Causeway Bridge (West), 

mile 1088.6. The vertical clearance of 

the Venetian Causeway Bridge (West), 

across the Atlantic Intracoastal 

Waterway is 12 feet. The normal 

operating schedule for the Venetian 

Causeway Bridge (West) is set forth in 

33 CFR 117.261(nn). 33 CFR 

117.261(nn) requires the bridge to open 

on signal; except that from 7 a.m. to 7 

p.m., Monday through Friday, except 

Federal holidays, the bridge need only 

open on the hour and half-hour. 

2. Venetian Causeway Bridge (East). 

The vertical clearance of the Venetian 

Causeway Bridge (East), across Biscayne 

Bay is 6 feet. The normal operating 

schedule for the Venetian Causeway 

Bridge (East) is set forth in 33 CFR 

117.269. 33 CFR 117.269 requires the 

bridge to open on signal; except that 

from 7 a.m. to 7 p.m., Monday through 

Friday, except Federal holidays, the 

bridge need only open on the hour and 

half-hour. 

As a result of these temporary 

deviations, the Venetian Causeway 

Bridge (West) and the Venetian 

Causeway Bridge (East) will only open 

to navigation on the hour and half-hour 

from 7 a.m. until 9 p.m. daily, including 

weekend days, from February 13, 2012 

through February 21, 2012. At all other 

times the bridges will open on demand. 

However, the drawspans will open as 

soon as possible at any time for the 

passage of public vessels of the United 

States, tugs, with tows, and vessels in 

distress. 


pmangrum on DSK3VPTVN1PROD with RULES