[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.

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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

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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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