[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Notices]
[Pages 29985-29986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12145]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Renewal of Department of Defense Federal Advisory Committees

AGENCY: DoD.

ACTION: Renewal of Federal Advisory Committee.

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SUMMARY: Under the provisions of 10 U.S.C. 1074g(c), the Federal 
Advisory Committee Act of 1972 (5 U.S.C. Appendix), the Government in 
the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.50(a), the 
Department of Defense gives notice that it is renewing the charter for 
the Uniform Formulary Beneficiary Advisory Panel (hereafter referred to 
as ``the Panel'').
    The Panel is a non-discretionary federal advisory committee that 
shall provide the Secretary of Defense through the Under Secretary of 
Defense for Personnel and Readiness, the Assistant Secretary of Defense 
for Health Affairs, and the Director, TRICARE Management Activity, 
independent advice and recommendations on development of the uniform 
formulary. The Secretary of Defense shall consider the comments of the 
Panel before implementing the uniform formulary or implementing changes 
to the uniform formulary.
    The Panel shall report to the Secretary of Defense through the 
Under Secretary of Defense for Personnel and Readiness, the Assistant 
Secretary of Defense for Health Affairs, and the Director, TRICARE 
Management Activity. The Under Secretary of Defense for Personnel and 
Readiness or designated representative, may act upon the Panel's advice 
and recommendations. The Panel, pursuant to 10 U.S.C. 1074g(c)(2), 
shall be comprised of no more than 15 members. The Panel shall include 
members that represent:
    a. Non-governmental organizations and associations that represent 
the views and interests of a large number of eligible covered 
beneficiaries;
    b. Contractors responsible for the TRICARE retail pharmacy program;
    c. Contractors responsible for the national mail-order pharmacy 
program; and
    d. TRICARE network providers.
    Panel members, who are not full-time or permanent part-time Federal 
officers or employees, shall be appointed to serve as experts and 
consultants under the authority of 5 U.S.C. 3109 and shall serve as 
special government employees. All Panel members shall be appointed by 
the Secretary of Defense and their appointments shall be renewed on an 
annual basis.
    The Panel membership shall select the Panel's Chairperson from the 
total membership. With the exception of travel and per diem for 
official Panel related travel, Panel members shall serve without 
compensation.
    The Secretary of Defense may approve the appointment of Panel 
members for one to four year terms of service; however, no member, 
unless authorized by the Secretary of Defense, may serve more than two 
consecutive terms of service. This same term of service limitation also 
applies to any DoD authorized subcommittees.
    Each Panel member is appointed to provide advice on behalf of the 
government on the basis of his or her best judgment without 
representing any particular point of view and in a manner that is free 
from conflict of interest.
    The Department, when necessary, and consistent with the Panel's 
mission and DoD policies and procedures, may establish subcommittees to 
support the Panel. Establishment of subcommittees will be based upon a 
written determination, to include terms of reference, by the Secretary 
of Defense, the Deputy Secretary of Defense or the Panel's sponsor.
    Such subcommittees 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 have no 
authority to make decisions on behalf of the chartered Panel; nor can 
any subcommittee or its members update or report directly to the DoD or 
any Federal officers or employees.
    All subcommittee members shall be appointed in the same manner as 
the Panel members; that is, the Secretary of Defense shall appoint 
subcommittee members even if the member in question is already a Panel 
member. Subcommittee members, with the approval of the Secretary of 
Defense, may serve a term of service on the subcommittee of one to four 
years.
    Subcommittee members, if not full-time or part-time government 
employees, shall be appointed to serve as experts and consultants under 
the authority of 5 U.S.C. 3109, and shall serve as special government 
employees, whose appointments must be renewed by the Secretary of 
Defense on an annual basis. With the exception of travel and per diem 
for official Panel related travel, subcommittee members shall serve 
without compensation.
    All subcommittees operate under the provisions of FACA, the 
Government in the Sunshine Act, governing Federal statutes and 
regulations, and governing DoD policies/procedures.

FOR FURTHER INFORMATION CONTACT: Jim Freeman, Advisory Committee 
Management Officer for the Department of Defense, 703-692-5952.

SUPPLEMENTARY INFORMATION: The Panel shall meet at the call of the 
Panel's Designated Federal Officer, in consultation with the Panel's 
Chairperson. The estimated number of Panel meetings is four per year.
    In addition, the Designated Federal Officer is required to be in 
attendance at all Panel and subcommittee meetings for the entire 
duration of each and every meeting; however, in the absence of the 
Designated Federal Officer, a properly approved Alternate Designated 
Federal Officer shall attend the entire duration of the Panel or 
subcommittee meeting.

[[Page 29986]]

    The Designated Federal Officer, or the Alternate Designated Federal 
Officer, shall call all of the Panel's and subcommittees' meetings; 
prepare and approve all meeting agendas; adjourn any meeting when the 
Designated Federal Officer, or the Alternate Designated Federal 
Officer, determines adjournment to be in the public interest or 
required by governing regulations or DoD policies/procedures; and chair 
meetings when directed to do so by the official to whom the Panel 
reports.
    Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or 
interested organizations may submit written statements to Uniform 
Formulary Beneficiary Advisory Panel 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 Uniform 
Formulary Beneficiary Advisory Panel.
    All written statements shall be submitted to the Designated Federal 
Officer for the Uniform Formulary Beneficiary Advisory Panel, and this 
individual will ensure that the written statements are provided to the 
membership for their consideration. Contact information for the Uniform 
Formulary Beneficiary Advisory Panel's 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 Uniform Formulary Beneficiary Advisory 
Panel. 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: May 15, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-12145 Filed 5-18-12; 8:45 am]
BILLING CODE 5001-06-P