Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Rules and Regulations 20443 

■ b. Redesignating paragraph (f) as 

paragraph (h); and 

■ c. Adding new paragraphs (f) and (g). 

The revision and additions read as 

follows: 

§ 250.1928 What are my recordkeeping 

and documentation requirements? 

* * * * * 

(b) For JSAs, the person in charge of 

the job must document the results of the 

JSA in writing and must ensure that 

records are kept onsite for 30 days. In 

the case of a MODU, records must be 

kept onsite for 30 days or until you 

release the MODU, whichever comes 

first. You must retain these records for 

2 years and make them available to 

BSEE upon request. 

* * * * * 

(f) For SWA, you must document all 

training and reviews required by 

§ 250.1930(e). You must ensure that 

these records are kept onsite for 30 days. 

In the case of a MODU, records must be 

kept onsite for 30 days or until you 

release the MODU, whichever comes 

first. You must retain these records for 

2 years and make them available to 

BSEE upon request. 

(g) For EPP, you must document your 

employees’ participation in the 

development and implementation of the 

SEMS program. You must retain these 

records for 2 years and make them 

available to BSEE upon request. 

* * * * * 

■ 20. Add §§ 250.1930 through 250.1933 

to read as follows: 

§ 250.1930 What must be included in my 

SEMS program for SWA? 

(a) Your SWA procedures must ensure 

the capability to immediately stop work 

that is creating imminent risk or danger. 

These procedures must grant all 

personnel the responsibility and 

authority, without fear of reprisal, to 

stop work or decline to perform an 

assigned task when an imminent risk or 

danger exists. Imminent risk or danger 

means any condition, activity, or 

practice in the workplace that could 

reasonably be expected to cause: 

(1) Death or serious physical harm; or 

(2) Significant environmental harm to: 

(i) Land; 

(ii) Air; or 

(iii) Mineral deposits, marine, coastal, 

or human environment. 

(b) The person in charge of the 

conducted work is responsible for 

ensuring the work is stopped in an 

orderly and safe manner. Individuals 

who receive a notification to stop work 

must comply with that direction 

immediately. 

(c) Work may be resumed when the 

individual on the facility with UWA 

determines that the imminent risk or 

danger does not exist or no longer 

exists. The decision to resume activities 

must be documented in writing as soon 

as practicable. 

(d) You must include SWA 

procedures and expectations as a 

standard statement in all JSAs. 

(e) You must conduct training on your 

SWA procedures as part of orientations 

for all new personnel who perform 

activities on the OCS. Additionally, the 

SWA procedures must be reviewed 

during all meetings focusing on safety 

on facilities subject to this subpart. 

§ 250.1931 What must be included in my 

SEMS program for UWA? 

(a) Your SEMS program must have a 

process to identify the individual with 

the UWA on your facility(ies). You must 

designate this individual taking into 

account all applicable USCG regulations 

that deal with designating a person in 

charge of an OCS facility. Your SEMS 

program must clearly define who is in 

charge at all times. In the event that 

multiple facilities, including a MODU, 

are attached and working together or in 

close proximity to one another to 

perform an OCS operation, your SEMS 

program must identify the individual 

with the UWA over the entire operation, 

including all facilities. 

(b) You must ensure that all personnel 

clearly know who has UWA and who is 

in charge of a specific operation or 

activity at all times, including when that 

responsibility shifts to a different 

individual. 

(c) The SEMS program must provide 

that if an emergency occurs that creates 

an imminent risk or danger to the health 

or safety of an individual, the public, or 

to the environment (as specified in 

§ 250.1930(a)), the individual with the 

UWA is authorized to pursue the most 

effective action necessary in that 

individual’s judgment for mitigating and 

abating the conditions or practices 

causing the emergency. 

§ 250.1932 What are my EPP 

requirements? 

(a) Your management must consult 

with their employees on the 

development, implementation, and 

modification of your SEMS program. 

(b) Your management must develop a 

written plan of action regarding how 

your appropriate employees, in both 

your offices and those working on 

offshore facilities, will participate in 

your SEMS program development and 

implementation. 

(c) Your management must ensure 

that employees have access to sections 

of your SEMS program that are relevant 

to their jobs. 

§ 250.1933 What procedures must be 

included for reporting unsafe working 

conditions? 

(a) Your SEMS program must include 

procedures for all personnel to report 

unsafe working conditions in 

accordance with § 250.193. These 

procedures must take into account 

applicable USCG reporting requirements 

for unsafe working conditions. 

(b) You must post a notice at the place 

of employment in a visible location 

frequently visited by personnel that 

contains the reporting information in 

§ 250.193. 

[FR Doc. 2013–07738 Filed 4–4–13; 8:45 am] 

BILLING CODE 4310–VH–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: 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 wellbeing of all persons covered by 

this regulation. 

DATES: This rule is effective April 5, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Diana Rangoussis, Senior Policy 

Advisor, Sexual Assault Prevention and 

Response Office (SAPRO), (703) 696– 

9422. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

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 

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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). The 

installation SARC and the installation 

family advocacy program (FAP) and 

domestic violence intervention and 

prevention staff shall direct 

coordination when a sexual assault 

occurs within a domestic relationship or 

involves child abuse; 

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. 

The preliminary estimate of the 

anticipated cost associated with this 

rule is approximately $14,819 million. 

The $14,819 million only refers to the 

SAPR budget allocated to DoD SAPRO. 

Each individual Service POMs for their 

own SAPR funding. Each of the Military 

Services establishes its own SAPR 

budget for the programmatic costs 

arising from the implementation of the 

training, prevention, reporting, 

response, oversight and staffing 

requirements established by this rule. 

Public Comments 

The Department of Defense published 

an interim final rule on January 27, 2012 

(77 FR 4239) with a request for public 

comments. Five sets of public comments 

were received and are addressed below: 

Comment: A public submission was 

received February 23, 2012, tracking 

number 80fbdd69, that only provided a 

green highlighted section of the rule in 

the definition for the Defense Sexual 

Assault Incident Database (DSAID). 

Response: The highlighted portion 

was provided in the rule; however, there 

were not questions or comments posted 

with this submission. 

Comment: A second public 

submission was received March 7, 2012, 

tracking number 80fd0bf8, remarking 

that while it may be difficult to 

determine a specific timeline, it is 

critical that the required response time 

must not be at all vague. It must be clear 

that a SARC will be notified and 

transportation to the exam site, with 

patient consent, will happen 

immediately when a report of a sexual 

assault is made and the timing must be 

specific. This will further establish the 

DoD’s commitment to victim support 

and advocacy. A second comment 

provided stated, ‘‘If the DoD is truly 

committed to prevention of sexual 

assault, victim support and advocacy, 

and ensuring the safety of all person 

covered by the regulation, then its 

Prevention Strategy should be described 

in detail and outlined first instead of 

last in the regulation.’’ 

Response: As stated in this rule, the 

Department recognizes the need for 

‘‘immediate medical intervention to 

prevent loss of life or undue suffering.’’ 

While the rule is prescriptive in the type 

of care victims shall receive, the unique 

and unpredictable circumstances in 

some environments, such as deployed 

locations, preclude the Department from 

assigning a fixed timeline. For example, 

some locations require Sexual Assault 

Prevention and Response (SAPR) first 

responders to meet the needs of the 

victim while also avoiding other threats 

that present themselves, such as in 

combat areas, where immediate 

transportation may present an undue 

threat to the victim’s physical safety. In 

response to the DoD Prevention Strategy 

being described in detailed and outlined 

with this rule, the culture of the U.S. 

Armed Forces changes over time, as in 

the broader U.S. population, and thus 

the specific methods and initiatives best 

suited for fostering a culture free of 

sexual assault and an environment of 

prevention may also change over time. 

Keeping information in the rule about 

the Department’s prevention strategy 

high level allows the rule to remain 

flexible and gives the Department 

latitude to adjust its prevention 

methodologies over time to maintain 

effectiveness in an ever-changing 

military culture. 

Comment: A third comment was 

posted March 29, 2012, tracking number 

80fe2c5d, stating that the interim final 

rule should be amended to expand full 

SAPR coverage to all DoD employed 

civilians regardless of where they are 

stationed. Additionally all DoD 

contractors operating outside of the 

Continental United States (OCONUS) 

should have full access to SAPR 

programs. The interim final rule should 

also require SAPR training of all DoD 

employees, uniformed and civilian. 

Where the DoD chooses to hire 

OCONUS contractors to assist 

uniformed service personnel, the 

contractors should also receive basic 

sexual assault training by SAPR or a 

comparable program. Issues pertaining 

to the operation of SAPR OCONUS also 

need to be revisited before issuance of 

the final rule. 

Response: The Department of Defense 

(DoD) provides sexual assault 

prevention and response (SAPR) 

services to DoD civilian employees and 

U.S. citizen DoD contractor personnel 

only when they are stationed or 

performing duties outside the 

continental United States (OCONUS) 

because they do not have access to their 

regular civilian response and support 

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Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Rules and Regulations 20445 

1Also known as ‘‘The Uniform Code of Military 

Justice.’’ 

resources (e.g. medical care, victim 

advocacy services) while abroad. When 

stationed within the continental United 

States, they have access to civilian 

response and support resources just as 

other civilians do. With regard to 

implementation of the SAPR Program 

OCONUS, the rule requires a 24/7 

sexual assault response capability for all 

locations, including deployed areas. 

Comment: A fourth comment was 

submitted March 29, 2012, tracking 

number 80fe2c64, stating that although 

restricted reporting prevents a 

commanding officer from being 

provided with a name of the victim, the 

commanding officer is still told of an 

assault for safety reasons. The 

commanding officer will likely find out 

the name of the victim. Therefore, this 

proposed rule does not change the 

reason why so many people chose not 

to report. Victims choose not to report 

out of fear that they will not be believed, 

concerns about privacy, shame and 

blame associated with the crime, and 

belief that police can’t do anything 

about the crime. 

Response: Increasing victim 

confidence in the reporting process 

continues to be a priority for the 

Department of Defense (DoD) and we 

will continue to work to identify 

barriers to reporting sexual assaults and 

address them. Since the implementation 

of the Restricted Reporting option in 

2005, Service member victim reports of 

sexual assault have grown steadily; total 

reports of sexual assault made to the 

Department have also increased. The 

rule explicitly states that a victim’s 

Restricted Report will not be reported to 

law enforcement or the victim’s 

command unless the victim consents or 

an established exception applies. 

According to the Rule, ‘‘[i]mproper 

disclosure of confidential 

communications under Restricted 

Reporting, improper release of medical 

information, and other violations of this 

policy are prohibited and may result in 

discipline pursuant to the UCMJ, or 

other adverse personnel or 

administrative actions.’’ The 

Department continues working to 

understand and address barriers to 

reporting; e.g. the victim may fear 

retaliation from the chain of command 

or harsh judgments; or that s/he will be 

viewed as a trouble-maker; the victim 

may fear being the subject of blame, 

mockery or harassment; additional 

details will also be provided when DoD 

Instruction 6495.02 is reissued. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that this rule 

is not an economically significant 

regulatory action. The rule does not: 

1. Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

2. Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

3. Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

4. Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

5. The definition of ‘‘sexual assault’’ 

has been revised to reflect the changes 

to the Uniform Code of Military Justice 

(UCMJ) mandated in the NDAA FY 12. 

The modifications to the definition are 

not significant changes to the definition 

and do not change program 

administration or coverage DoD needs. 

The definition was updated to reflect 

changes in the following punitive 

offenses—‘‘Aggravated Sexual Assault’’ 

is now ‘‘Sexual Assault’’ and ‘‘Wrongful 

Sexual Contact’’ is deleted and 

incorporated into Aggravated Sexual 

Contact and Abusive Sexual Contact. 

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) 

It has been certified that this rule does 

impose reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995.OMB has 

approved these requirements under 

OMB Control Number 0704–0482. The 

System of Records Notice for the rule is 

located at http://www.sapr.mil/media/ 

pdf/dsaid/ 

DSAID_Federal_Register_SORN.pdf. 

The Privacy Act Information for this 

rule is located at http://www.whs.mil/ 

EITSD/documents/DSAID-PIA.pdf. 

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 

Military personnel, crime, health. 

Accordingly, 32 CFR part 103 is 

revised to read as follows: 

PART 103—SEXUAL ASSAULT 

PREVENTION AND RESPONSE (SAPR) 

PROGRAM 

Sec. 

103.1 Purpose. 

103.2 Applicability. 

103.3 Definitions. 

103.4 Policy. 

103.5 Responsibilities. 

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 found 

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

corres/pdf/649502p.pdf; 

(5) DoDD 6400.1, ‘‘Family Advocacy 

Program (FAP),’’ August 23, 2004 found 

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

corres/pdf/640001p.pdf; 

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(6) DoD Instruction 5025.01, ‘‘DoD 

Directives Program,’’ September 26, 

2012 found at http://www.dtic.mil/whs/ 

directives/corres/pdf/502512p.pdf; 

(7) DoD Instruction 3020.41, 

‘‘Operational Contract Support (OCS),’’ 

December 20, 2011 found at http:// 

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

302041p.pdf; 

(8) U.S. Department of Defense, 

‘‘Manual for Courts-Martial,’’ 2008; 

(9) DoDD 7050.06, ‘‘Military 

Whistleblower Protection,’’ July 23, 

2007 found at http://www.dtic.mil/whs/ 

directives/corres/pdf/705006p.pdf; 

(10) 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; 

(11) DoDD 5400.11, ‘‘DoD Privacy 

Program,’’ May 8, 2007 found at http:// 

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

540011p.pdf; 

(12) DoD 6025.18–R, ‘‘DoD Health 

Information Privacy Regulation,’’ 

January 24, 2003 found at http:// 

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

602518r.pdf; 

(13) DoD 8910.1–M, ‘‘DoD Procedures 

for Management of Information 

Requirements,’’ June 30, 1998 found at 

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

corres/pdf/891001m.pdf; 

(14) DoDD 5124.02, ‘‘Under Secretary 

of Defense for Personnel and Readiness 

(USD(P&R)),’’ June 23, 2008 found at 

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

corres/pdf/512402p.pdf; 

(15) U.S. Department of Defense 

paper, ‘‘The Department of Defense 

Sexual Assault Prevention Strategy,’’ 

September 30, 2008; 

(16) Section 577 of Public Law 108– 

375, ‘‘Ronald Reagan National Defense 

Authorization Act for Fiscal Year 2005,’’ 

October 28, 2004; 

(17) Sections 561, 562, and 563 of 

Public Law 110–417, ‘‘The Duncan 

Hunter National Defense Authorization 

Act for Fiscal Year 2009,’’ October 14, 

2008; 

(18) Section 567(c) of Public Law 

111–84, ‘‘The National Defense 

Authorization Act for Fiscal Year 2010,’’ 

October 28, 2009; 

(19) Joint Publication 1–02, 

‘‘Department of Defense Dictionary of 

Military and Associated Terms,’’ current 

edition found at http://www.dtic.mil/ 

doctrine/new_pubs/jp1_02.pdf; and 

(20) DoD Instruction 5545.02, ‘‘DoD 

Policy for Congressional Authorization 

and Appropriations Reporting 

Requirement,’’ December 19, 2008 

found at http://www.dtic.mil/whs/ 

directives/corres/pdf/554502p.pdf. 

(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 

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. The installation SARC and 

the installation family advocacy 

program (FAP) and domestic violence 

intervention and prevention staff shall 

direct coordination when a sexual 

assault occurs within a domestic 

relationship or involves child abuse. 

(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 

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Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Rules and Regulations 20447 

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). 

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 

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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. The term includes a 

broad category of sexual offenses 

consisting of the following specific 

UCMJ offenses: rape, sexual assault, 

aggravated sexual contact, abusive 

sexual contact, forcible sodomy (forced 

oral or anal sex) or attempts to commit 

these acts. 

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 

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 

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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, 

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 

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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 legal advice 

and assistance on all legal matters, 

including the review and coordination 

of all proposed issuances and 

exceptions to policy and the review of 

all legislative proposals affecting 

mission and responsibilities of the DoD 

SAPRO. 

(e) The 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 in the 

development of investigative policy in 

support of sexual assault prevention and 

response. 

(f) The Secretaries of the Military 

Departments shall: 

(1) Establish departmental policies 

and procedures to implement the SAPR 

Program consistent with the provisions 

of this part 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 

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 

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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 an 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 

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: March 18, 2013. 

Patricia L. Toppings, 

OSD Federal Register Liaison, Department of 

Defense. 

[FR Doc. 2013–07803 Filed 4–4–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0063] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Pelican Island Causeway, Galveston, 

Channel, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

mstockstill on DSK4VPTVN1PROD with RULES