[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Notices]
[Pages 36479-36481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15066]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Establishment of Department of Defense Federal Advisory
Committees
AGENCY: DoD.
[[Page 36480]]
ACTION: Establishment of Federal Advisory Committee.
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SUMMARY: The Department of Defense (DoD) is publishing this notice to
announce that it is establishing the charter for the Judicial
Proceedings Since Fiscal Year 2012 Amendments Panel (``the Judicial
Proceedings Panel'').
FOR FURTHER INFORMATION CONTACT: Jim Freeman, Advisory Committee
Management Officer for the Department of Defense, 703-692-5952.
SUPPLEMENTARY INFORMATION: This committee's charter is being
established under the provisions of 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(d).
The Judicial Proceedings Panel is a non-discretionary Federal
advisory committee that will conduct an independent review and
assessment of judicial proceedings conducted under the Uniform Code of
Military Justice (UCMJ) involving adult sexual assault and related
offenses since the amendments made to the UCMJ by section 541 of the
National Defense Authorization Act of Fiscal Year 2012 (``the FY 2012
NDAA'') (Pub. L. 112-81) for the purpose of developing recommendations
for improvements to such proceedings. The Judicial Panel shall:
a. Assess and make recommendations for improvements in the
implementation of the reforms to the offenses relating to rape, sexual
assault, and other sexual misconduct under the UCMJ that were enacted
by section 541 of the FY 2012 NDAA.
b. Review and evaluate current trends in response to sexual assault
crimes whether by courts-martial proceedings, non-judicial punishment
and administrative actions, including the number of punishments by
type, and the consistency and appropriateness of the decisions,
punishments, and administrative actions based on the facts of
individual cases.
c. Identify any trends in punishments rendered by military courts,
including general, special, and summary courts-martial, in response to
sexual assault, including the number of punishments by type, and the
consistency of the punishments, based on the facts of each case
compared with the punishments rendered by Federal and State criminal
courts.
d. Review and evaluate court-martial convictions for sexual assault
in the year covered by the most-recent report of the Judicial
Proceedings Panel and the number and description of instances when
punishments were reduced or set aside upon appeal and the instances in
which the defendant appealed following a plea agreement, if such
information is available.
e. Review and assess those instances in which prior sexual conduct
of the alleged victim was considered in a proceeding under 10 U.S.C.
832 (article 32 of the UCMJ), and any instances in which prior sexual
conduct was determined to be inadmissible.
f. Review and assess those instances in which evidence of prior
sexual conduct of the alleged victim was introduced by the defense in a
court-martial and what impact that evidence had on the case.
g. Building on the data compiled as a result of the assessment
conducted by the Response Systems to Adult Sexual Assault Crimes Panel
(``the Response Systems Panel''), a Federal advisory committee
established pursuant to section 576(a)(1) of the FY 2013 NDAA and in
accordance with FACA, of the training level of military defense and
trial counsel, assess the trends in the training and experience levels
of military defense and trial counsel in adult sexual assault cases and
the impact of those trends in the prosecution and adjudication of such
cases.
h. Monitor trends in the development, utilization and effectiveness
of the special victims capabilities required by Section 573 of the FY
2013 NDAA.
i. Monitor the implementation of the April 20, 2012, Secretary of
Defense policy memorandum regarding withholding initial disposition
authority under the UCMJ in certain sexual assault cases.
j. An assessment of the likely consequences of amending the
definition of rape and sexual assault under 10 U.S.C. 920 (article 120
of the UCMJ), to expressly cover a situation in which a person subject
to the UCMJ, commits a sexual act upon another person by abusing one's
position in the chain of command of the other person to gain access to
or coerce the other person.
k. An assessment of the implementation and effect of the Special
Victim's Counsel for victims of sex-related offenses established by 10
U.S.C. 1044e, as added by section 1716 of the FY 2014 NDAA, and make
such recommendations for modifications of section 1044e as the Judicial
Proceedings Panel considers appropriate.
l. An assessment of the implementation and effect of the mandatory
minimum sentences established by 10 U.S.C. 856(b) (article 56(b) of the
UCMJ), as added by section 1705 of the FY 2014 NDAA, which requires at
a minimum, that upon a finding of guilt for the offenses of rape,
sexual assault, aggravated sexual contact, abusive sexual contact, rape
and sexual assault of a child, forcible sodomy, and attempts to commit
such acts, the punishment include dismissal or dishonorable discharge,
except as provided for by Article 60 of the UCMJ, and the
appropriateness of statutorily mandated minimum sentencing provisions
for additional offenses under 10 U.S.C. chapter 47 (the UCMJ).
m. An assessment of the adequacy of the provision of compensation
and restitution for victims of offenses under 10 U.S.C. chapter 47 (the
UCMJ), and develop recommendations on expanding such compensation and
restitution, including consideration of the options as follows:
i. Providing the forfeited wages of incarcerated members of the
Armed Forces to victims of offenses as compensation.
ii. Including bodily harm among the injuries meriting compensation
for redress under 10 U.S.C. 939 (article 139 of the UCMJ).
iii. Requiring restitution by members of the Armed Forces to
victims of their offenses upon the direction of a court-martial.
n. Consider such other matters and materials as the Judicial
Proceedings Panel considers appropriate for purposes of the reports.
In conducting reviews and assessments and preparing reports, the
Judicial Proceedings Panel may review, and incorporate as appropriate,
the data and findings of applicable ongoing and completed studies. The
Judicial Proceedings Panel may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence as it
considers appropriate to carry out its duties. Upon request by the
chair of the Judicial Proceedings Panel, a department or agency of the
Federal Government shall provide information that the Judicial
Proceedings Panel considers necessary to carry out its duties.
Pursuant to sections 576(b)(1)(B) and (b)(2) of the FY 2013 NDAA,
the Judicial Proceedings Panel shall be appointed by the Secretary of
Defense and consist of five members, two of whom must have served on
the Response Systems to Adult Sexual Assault Crimes Panel.
The members shall be selected from among private United States
citizens who collectively possess expertise in military law, civilian
law, the
[[Page 36481]]
investigation, prosecution, and adjudication of sexual assaults in
State and Federal criminal courts, victim advocacy, treatment for
victims, military justice, the organization and missions of the Armed
Force, and offenses relating to rape, sexual assault, and other adult
sexual assault crimes. The Chair shall be appointed by the Secretary of
Defense from among the members of the Judicial Proceedings Panel.
Members shall be appointed for the life of the Judicial Proceedings
Panel, subject to annual renewals. Any vacancy on the Judicial
Proceedings Panel shall be filled in the same manner as the original
appointment. Panel members shall be appointed as experts or consultants
pursuant to 5 U.S.C. 3109 to serve as special government employee (SGE)
members. With the exception of reimbursement of official travel and per
diem, Judicial Proceedings Panel members shall serve without
compensation.
The DoD General Counsel, according to DoD policies and procedures,
may select experts and consultants as subject matter experts under the
authority of 5 U.S.C. 3109 to advise the Judicial Proceedings Panel or
its subcommittees; these individuals do not count toward the Judicial
Proceedings Panel's total membership nor do they have voting
privileges. In addition, these subject matter experts, when appointed,
shall not participate in any discussions dealing with the substantive
matters before the Judicial Proceedings Panel or its subcommittees nor
shall they participate in any voting.
The DoD, when necessary and consistent with the Judicial
Proceedings Panel's mission and DoD policies and procedures, may
establish subcommittees, task forces, or working groups to support the
Judicial Proceedings 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 DoD
General Counsel as the DoD Sponsor.
These subcommittees shall not work independently of the Judicial
Proceedings Panel and shall report all of their recommendations and
advice to the Judicial Proceedings Panel for full deliberation and
discussion. Subcommittees, task forces, or working groups have no
authority to make decisions and recommendations, verbally or in
writing, on behalf of the Judicial Proceedings Panel. No subcommittee
or any of its members can update or report, verbally or in writing, on
behalf of the Judicial Proceedings Panel directly to the DoD or any
Federal officer or employee.
The Secretary of Defense shall appoint subcommittee members even if
the member in question is already a member of the Judicial Proceedings
Panel. Such individuals, if not full-time or part-time government
personnel, shall be appointed as experts or consultants under the
authority of 5 U.S.C. 3109 to serve as SGE members. Subcommittee
members shall serve for the life of the subcommittee. With the
exception of travel and per diem for official travel related to the
Judicial Proceedings Panel or its subcommittees, subcommittee members
shall serve without compensation.
All subcommittees operate pursuant to the provisions of FACA, the
Sunshine Act, governing Federal statutes and regulations, and
established DoD policies and procedures.
The Judicial Proceedings Panel's Designated Federal Officer (DFO),
pursuant to the DoD policy, shall be a full-time or permanent part-time
DoD employee, and shall be appointed, in accordance with governing the
DoD policies and procedures.
In addition, the Judicial Proceedings Panel's DFO is required to be
in attendance at all meetings of the Judicial Proceedings Panel and its
subcommittees for the entire duration of each and every meeting.
However, in the absence of the Judicial Proceedings Panel's DFO, a
properly approved Alternate DFO, duly appointed to the Judicial
Proceedings Panel according to the DoD policies and procedures, shall
attend the entire duration of the Judicial Proceedings Panel and its
subcommittee meetings.
The DFO, or the Alternate DFO, shall approve all of the meetings of
the Judicial Proceedings Panel and its subcommittees called by the
Chair; prepare and approve all meeting agendas; and adjourn any meeting
when the DFO or the Alternate DFO determines adjournment to be in the
public interest or required by governing regulations or the DoD
policies and procedures.
Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or
interested organizations may submit written statements to the Judicial
Proceedings Since Fiscal Year 2012 Amendments Panel membership about
the Judicial Proceedings Panel's mission and functions. Written
statements may be submitted at any time or in response to the stated
agenda of planned meeting of Judicial Proceedings Since Fiscal Year
2012 Amendments Panel.
All written statements shall be submitted to the Designated Federal
Officer for the Judicial Proceedings Since Fiscal Year 2012 Amendments
Panel, and this individual will ensure that the written statements are
provided to the membership for their consideration. Contact information
for the Judicial Proceedings Since Fiscal Year 2012 Amendments Panel's
Designated Federal Officer can be obtained from the GSA's FACA
Database--http://facadatabase.gov/.
The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will
announce planned meetings of the Judicial Proceedings Since Fiscal Year
2012 Amendments 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: June 24, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-15066 Filed 6-26-14; 8:45 am]
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