[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20795-20796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8251]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Establishment of the Defense Legal Policy Board

AGENCY: Department of Defense, DoD.

ACTION: Establishment of Federal Advisory Committee.

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SUMMARY: Under the provisions of 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 102-102-3.50(d) (agency authority), the 
Department of Defense gives notice it is establishing the Defense Legal 
Policy Board (hereafter referred to as ``the Board'').
    The Board is a discretionary federal advisory committee that shall 
provide the Secretary of Defense and the Deputy Secretary of Defense 
independent, informed advice, opinions, and recommendations concerning 
matters referred to the Board relating to legal and related legal 
policy matters within the Department of Defense.
    The Board, at the direction of the Secretary of Defense, the Deputy 
Secretary of Defense, or the General Counsel of the Department of 
Defense, and according to DoD policy, shall examine and advise on legal 
and related legal policy matters within DoD, the achievement of DoD 
policy goals through legislation and regulations, and other assigned 
matters. In carrying out its duties, the Board shall consider, as 
appropriate:

    a. Issues and policies relating to legal and related matters;
    b. The interplay between laws and regulations, on the one hand, 
and the achievement of policy goals, on the other;
    c. Identifying and evaluating the process for compliance with 
such laws and regulations;
    d. Proposing necessary revisions to the Department's policy 
goals, and to laws, regulations or procedures intended to achieve 
such goals; and
    e. Any other research and analysis of topics raised by the 
Secretary of Defense, the Deputy Secretary of Defense, or the 
General Counsel of the Department of Defense.

    The Secretary of Defense, the Deputy Secretary of Defense, or the 
General Counsel of the Department of Defense may act upon the Board's 
advice and recommendations. The Board shall be composed of not more 
than 15 members, who have distinguished backgrounds in law, 
investigations, military command, governmental organizations, or 
related fields.
    Board members appointed by the Secretary of Defense, who are not 
full-

[[Page 20796]]

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 to serve as special government employees.
    Board members, with the approval of the Secretary of Defense, may 
serve a term of service on the Board of two years; however, no member, 
unless authorized by the Secretary of Defense, shall serve more than 
two consecutive terms of service on the Board. Regardless of the 
individual's approved term of service, all appointments to the Board 
shall be renewed on an annual basis.
    The Secretary of Defense shall select and appoint the Board's 
chairperson from the total membership. With the exception of travel and 
per diem for official travel, Board members shall serve without 
compensation.
    Board members are appointed to provide advice on behalf of the 
government on the basis of their best judgment without representing any 
particular point of view and in a manner that is free from conflict of 
interest.
    The Chairpersons of the Defense Business Board, the Defense Health 
Board, the Defense Policy Board, and the Defense Science Board shall 
serve as non-voting ex officio members of the Board. These ex officio 
appointments do not count toward the Board's total membership. The 
Department, when necessary, and consistent with the Board's mission and 
DoD policies and procedures, may establish subcommittees, task groups, 
or working groups deemed necessary to support the Board.
    These subcommittees, task groups, or working groups shall operate 
under the provisions of the FACA, the Government in the Sunshine Act of 
1976, other governing Federal statutes and regulations, and governing 
DoD policies and procedures, including 41 CFR 102-3.35 and DoD 
Instruction 5105.04, sections E2.22, E3.2.2, and E3.12.
    Such subcommittees, task groups, or working groups shall not work 
independently of the chartered Board, and shall report all their 
recommendations and advice to the Board for full deliberation and 
discussion. Subcommittees have no authority to make decisions on behalf 
of the chartered Board; nor can any subcommittee or its members update 
or report directly to the Department of Defense or any Federal officers 
or employees.
    All subcommittee members shall be appointed in the same manner as 
the Board members; that is, the Secretary of Defense shall appoint 
subcommittee members even if the member in question is already a Board 
member. Subcommittee members, with the approval of the Secretary of 
Defense, may serve a term of service on the subcommittee of two years; 
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 to serve as special government 
employees, whose appointments must be renewed on an annual basis. With 
the exception of travel and per diem for official travel, subcommittee 
members shall serve without compensation.

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

SUPPLEMENTARY INFORMATION: The Board shall meet at the call of the 
Board's Designated Federal Officer or Alternate Designated Federal 
Officer, in consultation with the Chairperson and the General Counsel 
of the Department of Defense. The estimated number of Board meetings is 
two per year.
    In addition, the Designated Federal Officer is required to be in 
attendance at all Board and subcommittee meetings for the entire 
duration of each and every meeting; however, in the absence of the 
Designated Federal Officer, the Alternate Designated Federal Officer 
shall attend the entire duration of the Board or subcommittee meeting.
    Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or 
interested organizations may submit written statements to the Defense 
Legal Policy Board's membership about the Board's mission and 
functions. Written statements may be submitted at any time or in 
response to the stated agenda of planned meeting of Defense Legal 
Policy Board.
    All written statements shall be submitted to the Designated Federal 
Officer for the Defense Legal Policy Board, and this individual will 
ensure that the written statements are provided to the membership for 
their consideration. Once the Board's charter has been filed contact 
information for the Defense Legal Policy Board'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 Defense Legal Policy Board. 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: April 2, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-8251 Filed 4-5-12; 8:45 am]
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