0790-AJ40 201510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0790 Office of the Secretary OS 0700 Department of Defense DOD Sexual Assault Prevention and Response (SAPR) Program

This part implements Department of Defense (DoD) policy and assigns responsibilities for the Sexual Assault Prevention and Response (SAPR) Program on prevention, response, and oversight to sexual assault. It is DoD policy to establish a culture free of sexual assault through an environment of prevention, education and training, response capability, victim support, reporting procedures, and appropriate accountability that enhances the safety and wellbeing of all persons covered by this regulation.

]]> Other Significant First Time Published in The Unified Agenda Proposed Rule Stage No No 32 CFR 103 10 U.S.C. 113 Pub. L. 109-364 Pub. L. 109-163 Pub. L. 108-375 Pub. L. 106-65 Pub. L. 110-417 Pub. L. 111-84 Pub. L. 112-81 Pub. L. 113-66 Pub. L. 113-291 Yes

The purpose of this rule is to implement DoD policy and assign responsibilities for the Sexual Assault Prevention and Response (SAPR) Program on prevention, response, and oversight to sexual assault.

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Establishes SAPR minimum program standards, SAPR training requirements, and SAPR requirements for the DoD Annual Report on Sexual Assault in the Military consistent with title 10, United States Code, the DoD Task Force Report on Care for Victims of Sexual Assault and pursuant to DoD Directive (DoDD) 5124.02, DoDD 6495.01, and Public Laws 106-65, 108-375, 109-163, 109-364, 110-417, 111-84, 111-383, 112-81, 112-239, 113-66, and 113-291.

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The Department of Defense will lack comprehensive SAPR program policy guidance on the prevention and response to sexual assaults involving members of the U.S. Armed Forces. The DoD will not have guidance to establish a culture free of sexual assault through an environment of prevention, education and training, response capability, victim support, reporting procedures, and appropriate accountability that enhances the safety and well being of all persons covered by this part (32 CFR 103) and 32 CFR 105. DoD will lack the policy guidance to promulgate requirements mandated in the National Defense Authorization Acts.

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The Fiscal Year 2014 Operation and Maintenance funding for DoD SAPRO was $26.798 million with an additional Congressional allocation of $25.3 million designated for the Special Victims’ Counsel program and the Special Victims’ Investigation and Prosecution capability that was reprogrammed to the Military Services and the National Guard Bureau. Additionally, each of the Military Services establishes its own SAPR budget for the programmatic costs arising from the implementation of the training, prevention, reporting, response, and oversight requirements established by this rule. 

The anticipated benefits associated with this rule include:

 (1) A complete and up-to-date SAPR Policy consisting of this part and 32 CFR 105, to include comprehensive SAPR policy guidance on the prevention and response to sexual assaults involving members of the U.S. Armed Forces.

 (2) Guidance and policy with which the DoD may establish a culture free of sexual assault, through an environment of prevention, education and training, response capability, victim support, reporting procedures, and appropriate accountability that enhances the safety and well being of all persons covered by this part and 32 CFR 105.

 

(3) Requirement to provide care that is gender-responsive, culturally competent, and recovery-oriented. Sexual assault patients shall be given priority, and treated as emergency cases. Emergency care shall consist of emergency healthcare and the offer of a Sexual Assault Forensic Examination (SAFE). 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. 

(4) Standardized SAPR requirements, terminology, guidelines, protocols, and guidelines for training materials shall focus on awareness, prevention, and response at all levels, as appropriate.

 (5) An immediate, trained sexual assault response capability shall be available for each report of sexual assault in all locations, including in deployed locations.

 (6) Victims of sexual assault shall be protected from coercion, retaliation, and reprisal.

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The rule intends to enable military readiness by establishing a culture free of sexual assault. This rule aims to mitigate this risk to mission readiness.

]]> NPRM 03/00/2016 DoD Directive 6495.01, "Sexual Assault Prevention and Response (SAPR) Program" No No None No No No No Diana Rangoussis Senior Policy Advisory, SAPRO 0790 Office of the Secretary OS 571 372-2648 diana.m.rangoussis.civ@mail.mil 4800 Mark Center Drive, Suite 07G21, Alexandria VA 22311