[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1622-1623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00526]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Charter Amendment of Department of Defense Federal Advisory
Committees
AGENCY: Department of Defense.
ACTION: Charter amendment of Federal advisory committee.
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SUMMARY: The Department of Defense is publishing this notice to
announce that it is amending the charter for the Uniform Formulary
Beneficiary Advisory Panel (``the 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 amended
pursuant to 10 U.S.C. 1074g(c) and in accordance with the Federal
Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended)
and 41 CFR 102-3.50(a).
The Panel is a statutory Federal advisory committee that provides
the Secretary of Defense and the Deputy Secretary of Defense, through
the Under Secretary of Defense for Personnel and Readiness (USD(P&R)),
the Assistant Secretary of Defense for Health Affairs (ASD(HA)), and
the Director, Defense Health Agency (DHA), independent advice and
recommendations on the 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 reports to the Secretary of Defense and/or the Deputy
Secretary of Defense, through the USD(P&R), the ASD(HA), and the
Director, DHA. The USD(P&R), or designated representative, may act upon
the Panel's advice and recommendations.
The Department of Defense (DoD), through the Office of the USD(P&R)
and the DHA, provides support for the performance of the Panel's
functions and ensures compliance with the requirements of the FACA, the
Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended)
(``the Sunshine Act''), governing Federal statutes and regulations, and
established DoD policies and procedures.
Under the provisions of 10 U.S.C. 1074g(c)(2), the Panel shall be
composed of no more than 15 members and 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.
The Panel members will be appointed by the Secretary of Defense or
the Deputy Secretary of Defense, and their
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appointments will be renewed on an annual basis in accordance with DoD
policies and procedures. Panel members who are not full-time or
permanent part-time Federal officers or employees will be appointed as
experts or consultants pursuant to 5 U.S.C. 3109 to serve as special
government employee (SGE) members. Panel members who are full-time or
permanent part-time Federal officers or employees will serve as regular
government employee (RGE) members pursuant to 41 CFR 102-3.130(a).
Panel members shall be appointed for a term of service of one-to-four
years, and no member may serve more than two consecutive terms of
service without Secretary of Defense or Deputy Secretary of Defense
approval.
Consistent with the Deputy Secretary of Defense policy, the
USD(P&R) may appoint the Panel's Co-Chairs from among the Secretary of
Defense approved panel membership and in doing so, shall determine the
term of service for the Panel's Co-Chairs, which shall not exceed the
member's approved term of service.
All members of the Panel are appointed to provide advice on the
basis of their best judgment without representing any particular points
of view and in a manner that is free from conflict of interest.
Panel members will serve without compensation except for
reimbursement of travel and per diem as it pertains to official
business of the Panel.
DoD, when necessary and consistent with the Panel's mission and DoD
policies and procedures, may establish subcommittees, task forces, or
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), as the Panel's Sponsor.
Such subcommittees will not work independently of the Panel and
will report all of their recommendations and advice solely to the Panel
for full and open 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 Panel. No
subcommittee or any of its members can update or report, verbally or in
writing, on behalf of the Panel, directly to the DoD or any Federal
officer or employee.
Each member, based upon his or her individual professional
experience, provides his or her best judgment on the matters before the
Panel, and he or she does so in a manner that is free from conflict of
interest. All subcommittee members will be appointed by the Secretary
of Defense or the Deputy Secretary of Defense to a term of service of
one-to-four years, with annual renewals, even if the individual is
already a member of the Panel. Subcommittee members will not serve more
than two consecutive terms of service, unless authorized by the
Secretary of Defense or the Deputy Secretary of Defense. Subcommittee
members who are not full-time or permanent part-time Federal officers
or employees will be appointed as an expert or consultant pursuant to 5
U.S.C. 3109, to serve as a SGE member. Subcommittee members who are
full-time or permanent part-time Federal officers or employees will be
appointed pursuant to 41 CFR 102-3.130(a) to serve as an RGE member.
With the exception of reimbursement of official travel and per diem
related to the Panel or its subcommittees, subcommittee members will
serve without compensation.
All subcommittees operate under the provisions of FACA, the
Sunshine Act, governing Federal statutes and regulations, and
established DoD policies and procedures.
The Panel's Designated Federal Officer (DFO) must be a full-time or
permanent part-time DoD officer or employee, designated in accordance
with established DoD policies and procedures. The Panel's DFO is
required to be in attendance at all meetings of the Panel and any
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 designated to the Panel according to established DoD
policies and procedures, must attend the entire duration of all
meetings of the Panel and any subcommittees.
The DFO, or the Alternate DFO, calls all meetings of the Panel and
its subcommittees; prepares and approves all meeting agendas; and
adjourns 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 and procedures.
Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or
interested organizations may submit written statements to 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--
http://www.facadatabase.gov/.
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: January 8, 2016.
Aaron Siegel,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 2016-00526 Filed 1-12-16; 8:45 am]
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