[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 25972-25973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10440]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Establishment of the Response Systems to Adult Sexual Crimes 
Panel

AGENCY: 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 102-3.50(a), the Department of Defense gives 
notice that it is establishing the charter for the Response Systems to 
Adult Sexual Assault Crimes Panel (``the Response Systems Panel''). The 
Response Systems Panel has been determined to be in the public 
interest.

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

SUPPLEMENTARY INFORMATION: The Response Systems Panel is a non-
discretionary federal advisory committee that shall provide 
recommendations on how to improve the effectiveness of the 
investigation, prosecution, and adjudication of crimes involving adult 
sexual assault and related offenses, under 10 U.S.C. 920 (Article 120 
of the UCMJ). The Response Systems Panel's review shall include the 
following:
    a. Using criteria the Response Systems Panel considers appropriate, 
an assessment of the strengths and weaknesses of the systems, including 
the administration of the UCMJ, and the investigation, prosecution, and 
adjudication of adult sexual assault crimes during the period 2007 
through 2011.
    b. A comparison of military and civilian systems for the 
investigation, prosecution, and adjudication of adult sexual assault 
crimes. This comparison shall include an assessment of differences in 
providing support and protection to victims, and the identification of 
civilian best practices that may be incorporated into any phase of the 
military system.
    c. An assessment of advisory sentencing guidelines used in civilian 
courts in adult sexual assault cases and whether it would be advisable 
to promulgate sentencing guidelines for use in courts-martial.
    d. An assessment of the training level of military defense and 
trial counsel, including their experience in defending or prosecuting 
adult sexual assault crimes and related offenses, as compared to 
prosecution and defense counsel for similar cases in the Federal and 
State court systems.
    e. An assessment and comparison of military court-martial 
conviction rates with those in the Federal and State courts and the 
reasons for any differences.
    f. An assessment of the roles and effectiveness of commanders at 
all levels in preventing sexual assaults and responding to reports of 
sexual assault, including the role of a commander under Article 60, 
UCMJ.
    g. An assessment of the strengths and weakness of proposed 
legislative initiatives to modify the current role of commanders in the 
administration of military justice and the investigation, prosecution, 
and adjudication of adult sexual assault crimes.
    h. An assessment of the adequacy of the systems and proceedings to 
support and protect victims in all phases of the investigation, 
prosecution, and adjudication of adult sexual assault crimes, including 
whether victims are provided the rights afforded by 18 U.S.C. 3771, 
Department of Defense Directive 1030.1, and Department of Defense 
Instruction 1030.2.
    i. Such other matters and materials the Response Systems Panel 
considers appropriate. In conducting reviews and assessments and 
preparing reports, the Response Systems Panel may review and 
incorporate, as appropriate, the dates and findings of applicable 
ongoing and completed studies. The Response Systems Panel may hold such 
hearings, sit and act at such times and places, take such testimony, 
and receive such evidence as the Panel considers appropriate to carry 
out its duties. Upon request by the Chair of the Response Systems 
Panel, a department or agency of the Federal Government shall provide 
information that the Response Systems Panel considers necessary to 
carry out its duties.
    Pursuant to Section 567(b)(1)(A) of the FY 2013 NDAA, the Response 
Systems Panel shall be comprised of nine members, five of whom are 
appointed by the Secretary of Defense and one member each appointed by 
the Chairmen and Ranking Members of the Committees on Armed Services of 
the Senate and House of Representatives, respectively. Appointments 
shall be made not later than 120 days after the date of the enactment 
of the FY 2013 NDAA.
    The members shall be selected from among private United States 
citizens, who collectively possess expertise in military law, civilian 
law, the investigation, prosecution, and adjudication of sexual 
assaults in Federal and State criminal courts, victim advocacy, 
treatment for victims, military justice, the organization and missions 
of the Armed Forces, 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 Response Systems 
Panel.
    Members shall be appointed for the life of the Response Systems 
Panel. Any vacancy in the Response Systems Panel shall be filled in the 
same manner as the original appointment. Members of the Response 
Systems Panel, who were appointed by the Secretary of Defense, shall be 
appointed as experts or consultants under the authority of 5 U.S.C. 
3109 to serve as special government employee (SGE) members. With the 
exception of travel and per diem for official travel, Response Systems 
Panel members shall serve without compensation.
    The DoD General Counsel, according to the 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 Response 
Systems Panel or its subcommittees;

[[Page 25973]]

these individuals do not count toward the Response Systems 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 Response 
Systems Panel or its subcommittees. The DoD, when necessary and 
consistent with the Response Systems Panel's mission and DoD policies 
and procedures, may establish subcommittees, task forces, or working 
groups to support the Response Systems 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 Response 
Systems Panel and shall report all of their recommendations and advice 
to the Response Systems 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 
Response Systems Panel. No subcommittee or any of its members can 
update or report, verbally or in writing, on behalf of the Response 
Systems 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 Response Systems 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 Response Systems 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 the DoD policies and procedures. The Response Systems 
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 Response Systems Panel's DFO is required to be in 
attendance at all meetings of the Response Systems Panel and its 
subcommittees for the entire duration of each and every meeting. 
However, in the absence of the Response Systems Panel's DFO, a properly 
approved Alternate DFO, duly appointed to the Response Systems Panel 
according to the DoD policies and procedures, shall attend the entire 
duration of the Response Systems Panel and its subcommittee meetings.
    The DFO, or the Alternate DFO, shall approve all of the meetings of 
the Response Systems 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 
Response Systems to Adult Sexual Assault Crimes Panel membership about 
the Response System Panel's mission and functions. Written statements 
may be submitted at any time or in response to the stated agenda of 
planned meeting of Response Systems to Adult Sexual Assault Crimes 
Panel.
    All written statements shall be submitted to the Designated Federal 
Officer for the Response Systems to Adult Sexual Assault Crimes Panel, 
and this individual will ensure that the written statements are 
provided to the membership for their consideration. Contact information 
for the Response Systems to Adult Sexual Assault Crimes 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 Response Systems to Adult Sexual Assault Crimes 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: April 29, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-10440 Filed 5-2-13; 8:45 am]
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