Federal Register, Volume 77 Issue 245 (Thursday, December 20, 2012)

[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Notices]
[Pages 75414-75416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30653]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Establishment of Department of Defense Federal Advisory 
Committees

AGENCY: Department of Defense.

ACTION: Establishment of Federal Advisory Committee.

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SUMMARY: Under the provisions of section 2852(b), of the Ike Skelton 
National Defense Authorization Act (NDAA) for Fiscal Year 2011 (Pub. L. 
111-383), 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) (``the Sunshine Act), and 41 CFR 102-3.50(a), the DoD 
gives notice that it is establishing the charter for the Independent 
Review Panel on Military Medical Construction Standards (``the 
Panel'').
    The Panel, pursuant to section 2852(b), of the Ike Skelton NDAA for 
Fiscal Year 2011 (Pub. L. 111-383), is a non-discretionary Federal 
advisory committee established to provide the Secretary of Defense 
independent advice and recommendations regarding a construction 
standard for military medical centers to provide a single standard of 
care, as set forth below:
    a. Reviewing the unified military medical construction standards to 
determine the standards consistency with industry practices and 
benchmarks for world class medical construction;
    b. Reviewing ongoing construction programs within the DoD to ensure 
medical construction standards are uniformly applied across applicable 
military centers;
    c. Assessing the DoD approach to planning and programming facility 
improvements with specific emphasis on facility selection criteria and

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proportional assessment system; and facility programming 
responsibilities between the Assistant Secretary of Defense for Health 
Affairs and the Secretaries of the Military Departments;
    d. Assessing whether the Comprehensive Master Plan for the National 
Capital Region Medical (``the Master Plan''), dated April 2010, is 
adequate to fulfill statutory requirements, as required by section 2714 
of the Military Construction Authorization Act for Fiscal Year 2010 
(division B of Pub. L. 111-84; 123 Stat. 2656), to ensure that the 
facilities and organizational structure described in the Master Plan 
result in world class military medical centers in the National Capital 
Region; and
    e. Making recommendations regarding any adjustments of the Master 
Plan that are needed to ensure the provision of world class military 
medical centers and delivery system in the National Capital Region.
    The Panel, not later than 120 days after the first meeting, shall 
submit to the Secretary of Defense a written report containing an 
assessment of the adequacy of the plan to address the above items 
relating to the purpose of the Panel and the recommendations of the 
Panel to improve the Master Plan.
    Additional Reports--Each year until the Panel terminates, it shall 
submit, no later than February 1, an annual report to the Secretary of 
Defense on the Panel's findings and recommendations to address any 
identified deficiencies.
    The Panel or its members, with the Department's approval, may visit 
military treatment centers and military headquarters in connection with 
the official duties of the Panel. Such visits shall be undertaken 
through the Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)) and in coordination with the appropriate Military 
Departments and installation commanders.
    The Panel is not established to provide advice on individual DoD 
procurements. No matter shall be assigned to the Panel for its 
consideration that would require any Panel members to participate 
personally and substantially in the conduct of any specific procurement 
or place him or her in the position of acting as a contracting or 
procurement official. The Panel reports to the Secretary of Defense. 
The USD(P&R), pursuant to DoD policy, may act upon the Panel's advice 
and recommendations.
    The Panel shall be comprised of no more than 14 members appointed 
by the Secretary of Defense.
    The Secretary of Defense shall appoint 10 members. Those members 
shall include medical facility design experts; military healthcare 
professionals; representatives of premier health care centers in the 
United States; and former retired senior military officers with joint 
operational and budgetary experience.
    The Chairman and ranking members of the Committees on the Armed 
Services of the Senate and the House of Representatives may each 
designate one member of the Panel, for a total of four members. 
Individuals designated by the Chairman and ranking members of the 
Committees on the Armed Services of the Senate and the House of 
Representatives shall be appointed by the Secretary of Defense.
    Panel members appointed by the Secretary of Defense shall be 
appointed for the duration of the Panel, with annual renewals of 
appointments. Panel members, who are not full-time or permanent part-
time Federal officers or employees, shall be appointed to serve as 
experts or consultants under the authority of 5 U.S.C. 3109 and serve 
as special Government employee (SGE) member. Each member of the Panel 
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. With 
the exception of travel and per diem for travel related to the Panel, 
members of the Panel shall serve without compensation. Under the 
provisions of Public Law 111-383 Sec.  2852(b)(2)(D), any additional 
experts or consultants adviser called in for consultation on behalf of 
the Panel shall also be reimbursed for necessary travel expenses.
    The Secretary of Defense may appoint additional experts and 
consultants, with relevant expertise, to assist the Panel on an ad-hoc 
basis. These non-member experts and consultants, who do not count 
toward the Panel's total membership, shall be appointed to serve as 
SGEs under the authority of 5 U.S.C. 3109; however, these experts and 
consultants have no voting rights on the Panel and are prohibited from 
engaging in Panel deliberations.
    The Department, when necessary and consistent with the Panel's 
mission and DoD policies/procedures, may establish subcommittees, task 
groups, and working groups 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 USD(P&R).
    Such subcommittees shall not work independently of the Panel and 
shall report all of their recommendations and advice solely to the 
Panel for full deliberation and discussion. Subcommittees have no 
authority to make decisions and recommendations, verbally or in 
writing, on behalf of the Panel; nor can any subcommittee or its 
members update or report directly to 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 for the life of the Panel with 
annual renewals; however, no member shall serve more than two 
consecutive terms of service on the subcommittee. 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 serve as SGEs, whose appointments must be renewed by the 
Secretary of Defense on an annual basis. With the exception of travel 
and per diem for official travel related to the Panel or its 
subcommittees, subcommittee members shall serve without compensation.
    Each subcommittee operates under the provisions of FACA, 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 (DFO), in consultation with the 
Panel's Chairperson(s). The estimated number of meetings by the Panel 
is four per year.
    The Panel's DFO, 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/procedures. In addition, the Panel's DFO 
is required to be in attendance at all meetings of the Panel and its 
subcommittees for the entire duration of each and every meeting. 
However, in the absence of the Panel's DFO, a properly approved 
Alternate DFO, duly appointed to the Panel according to DoD policies/
procedures, shall attend the entire duration of meetings of the Panel 
or subcommittees. The DFO, or the Alternate DFO, shall call all of the 
Panel's and subcommittees' meetings;

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prepare and approve all meeting agendas; adjourn any meeting when the 
DFO, or the Alternate DFO, 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 the 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 the Panel.
    All written statements shall be submitted to the DFO for the Panel, 
and this individual will ensure that the written statements are 
provided to the membership for their consideration. Contact information 
for the Panel's DFO can be obtained from the GSA's FACA Database--
https://www.fido.gov/facadatabase/public.asp.
    The DFO, pursuant to 41 CFR 102-3.150, will announce planned 
meetings of the Panel. The DFO, 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: December 17, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-30653 Filed 12-19-12; 8:45 am]
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