Federal Register, Volume 75 Issue 130 (Thursday, July 8, 2010)

[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Notices]
[Pages 39212-39213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16592]

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DEPARTMENT OF DEFENSE

Office of the Secretary

Establishment of Department of Defense Federal Advisory
Committee; Independent Panel Review of Judge Advocate Requirements of
the Department of the Navy

AGENCY: Department of Defense (DoD).

ACTION: Establishment of Federal advisory committee.

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SUMMARY: Under the provisions of section 506 of Public Law 111-84, the
Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as
amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as
amended), and 41 CFR 102-3.50, the Department of Defense gives notice
that it is establishing the charter for the Independent Panel Review of
Judge Advocate Requirements of the Department of the Navy (hereafter
referred to as the Panel).

FOR FURTHER INFORMATION CONTACT: Jim Freeman, Deputy Committee
Management Officer for the Department of Defense, 703-601-6128.

SUPPLEMENTARY INFORMATION: The Panel is a non-discretionary Federal
advisory committee established to review the judge advocate requirement
of the Department of the Navy. The Panel shall:
a. Carry out a study of the policies and management and
organizational practices of the U.S. Navy and the U.S. Marine Corps
with respect to the responsibilities, assignment, and career
development of judge advocates for purposes of determining the number
of judge advocates required to fulfill the legal mission of the
Department of the Navy.
b. In carrying out the study, the Panel shall review the following:
i. The emergent operational law requirements of the U.S. Navy and
the U.S. Marine Corps, including requirements for judge advocates on
joint task forces, in support of rule of law objectives in Iraq and
Afghanistan, and in operational units;
ii. New requirements to support the Office of Military Commissions
and to support the disability evaluation system for members of the U.S.
Armed Forces;
iii. The judge advocate requirements of the Department of the Navy
for the military justice mission, including assignment policies,
training and education, increasing complexity of court-martial
litigation, and the performance of the U.S. Navy and U.S. Marine Corps
in providing legally sufficient post-trial processing of cases in
general courts-martial and special courts-martial.
iv. The role of the Judge Advocate General of the Navy, as the
senior uniformed legal officer of the Department of the Navy, to
determine whether additional authority for the Judge Advocate General
over manpower policies and assignments of judge advocates in the U.S.
Navy and U.S. Marine Corps is warranted;
v. Directives issued by the U.S. Navy and the U.S. Marine Corps
pertaining to jointly-shared missions requiring legal support;
vi. Career patterns for U.S. Marine Corps judge advocates in order
to identify and validate assignments to non-legal billets required for
professional development and promotion; and
In addition, the Panel will review, evaluate and assess such other
matters and materials as the Panel considers appropriate for purposes
of the study.
In carrying out its study the Panel may review, and incorporate as
appropriate, the findings of applicable on-going and completed studies
in future manpower requirements, including the two-part study by CNA
Analysis and Solutions[supreg] entitled, ``An Analysis of Navy JAG
Corps Future Manpower Requirements''.
The Panel, no later than 120 days after its first meeting, shall
submit a report of its study. The report, as a minimum, shall include
the following:

[[Page 39213]]

a. The findings and conclusions of the Panel as a result of the
study; and
b. Any recommendations for legislative or administrative action
that the Panel considers appropriate in light of the study.
The Panel, pursuant to section 506(a) of Public Law 111-84, shall
be comprised of five members appointed by the Secretary of Defense from
among private U.S. citizens who have expertise in law, military
manpower policies, the missions of the Armed Forces of the United
States, or the current responsibilities of judge advocates in ensuring
competent legal representation and advice to commanders. The Panel
chairperson shall be appointed by the Secretary of Defense from among
the total membership. All Panel members shall be appointed for the life
of the Panel, and any Panel vacancy shall be filled in the same manner
as the original appointment.
Panel members appointed by the Secretary of Defense, who are not
full-time or permanent part-time federal government employees, shall be
appointed as experts and consultants under the authority of 5 U.S.C.
3109, and serve as special government employees. Panel members, with
the exception of travel and per diem for official travel, shall serve
without compensation.
With DoD approval, the Panel is authorized to establish
subcommittees, as necessary and consistent with its mission. These
subcommittees or working groups shall operate under the provisions of
the Federal Advisory Committee Act of 1972, the Government in the
Sunshine Act of 1976 (5 U.S.C. 552b), and other governing Federal
regulations.
Such subcommittees or workgroups shall not work independently of
the chartered Panel, and shall report all their recommendations and
advice to the Panel for full deliberation and discussion. Subcommittees
or workgroups have no authority to make decisions on behalf of the
chartered Panel nor can they report directly to the Department of
Defense or any Federal officers or employees who are not Panel members.
Subcommittee members, who are not Panel members, shall be appointed
in the same manner as the Panel members.
The Panel may hold such meetings or hearings, sit and act as such
times and places, take such testimony, and receive such evidence as the
Panel considers appropriate to carry out its duties. The Panel,
pursuant to section 506(a)(6) of Public Law 111-84, shall meet at the
call of the Chairperson. The estimated number of Panel meetings is five
(5) per year. The Chairperson shall call the first meeting of the Panel
not later than 60 days after the date of the appointment of all the
members of the Panel.
The Designated Federal Officer, pursuant to DoD policy, shall be a
full-time or permanent part-time DoD employee, and shall be appointed
in accordance with established DoD policies and procedures. In
addition, the Designated Federal Officer is required to be in
attendance at all meetings, however, in the absence of the Designated
Federal Officer, the Alternate Designated Federal Officer shall attend
the meeting.
Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or
interested organizations may submit written statements to the
Independent Panel Review of Judge Advocate Requirements of the
Department of the Navy membership about the Panel's mission and
functions. Written statements may be submitted at any time or in
response to the stated agenda of planned meeting of the Independent
Panel Review of Judge Advocate Requirements of the Department of the
Navy.
All written statements shall be submitted to the Designated Federal
Officer for the Independent Panel Review of Judge Advocate Requirements
of the Department of the Navy, and this individual will ensure that the
written statements are provided to the membership for their
consideration. Contact information for the Independent Panel Review of
Judge Advocate Requirements of the Department of the Navy Designated
Federal Officer can be obtained from the GSA's FACA Database--https://www.fido.gov/facadatabase/public.asp.
The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will
announce planned meetings of the Independent Panel Review of Judge
Advocate Requirements of the Department of the Navy. The Designated
Federal Officer, at that time, may provide additional guidance on the
submission of written statements that are in response to the stated
agenda for the planned meeting in question.

Dated: July 2, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-16592 Filed 7-7-10; 8:45 am]
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