Office of the Secretary May 9, 2012 – Federal Register Recent Federal Regulation Documents

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

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(d), the Department of Defense gives notice that it is renewing the charter for the Threat Reduction Advisory Committee (hereafter referred to as ``the Committee''). The Committee is a discretionary federal advisory committee that shall provide the Secretary of Defense, through the Under Secretary of Defense (Acquisition, Technology, and Logistics) and the Assistant Secretary of Defense (Nuclear, Chemical and Biological Defense Programs), independent advice and recommendations on: a. Reducing the threat to the United States, its military forces, and its allies and partners posed by nuclear, biological, chemical, conventional and special weapons; b. Combating weapons of mass destruction to include non- proliferation, counterproliferation, and consequence management; c. Nuclear deterrence transformation, nuclear material lockdown and accountability; d. Nuclear weapons effects; e. The nexus of counterproliferation and counter WMD terrorism; and f. Other Acquisition, Technology, and Logistics; Nuclear, Chemical and Biological Defense; and Defense Threat Reduction Agency mission- related matters. The Committee shall be composed of not more than 30 committee members who are eminent authorities in the fields of national defense, geopolitical and national security affairs, weapons of mass destruction, nuclear physics, chemistry, and biology. The Committee members are appointed by the Secretary of Defense, and their appointments will be renewed on an annual basis. The Committee members who are not full-time or permanent part-time federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109 and shall serve as special government employees. Committee members shall, with the exception of travel and per diem for official travel, serve without compensation, unless authorized by the Secretary of Defense. The Under Secretary of Defense (Acquisition, Technology, and Logistics) and the Assistant Secretary of Defense (Nuclear, Chemical and Biological Defense Programs) shall select the Committee's Chairperson and Vice Chairperson from the Committee membership at large. The Secretary of Defense may approve the appointment of Committee members for one to four year terms of service; however, no member, unless authorized by the Secretary of Defense, may serve more than two consecutive terms of service. This same term of service limitation also applies to any DoD authorized subcommittees. Each Committee member is appointed to provide advice on behalf of the government on the basis of his or her best judgment without representing any particular point of view and in a manner that is free from conflict of interest. With DoD approval, the Committee shall be authorized to establish subcommittees and panels, as required and consistent with its mission. 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 advisory committee's sponsor. Such subcommittees or panels shall not work independently of the chartered Committee, and shall report their findings and advice solely to the Committee for full deliberation and discussion. Subcommittees or working groups have no authority to make decisions and recommendation verbally or in writing on behalf of the chartered Committee, nor can they report directly or release documents to the Agency or any Federal officers or employees not Committee Members. All subcommittee members shall be appointed in the same manner as the Committee members; that is, the Secretary of Defense shall appoint subcommittee members even if the member in question is already a Committee member. Subcommittee members, with the approval of the Secretary of Defense, may serve a term of service on the subcommittee of one to four 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 shall serve as special government employees, whose appointments must be renewed by the Secretary of Defense on an annual basis. With the exception of travel and per diem for official Committee related travel, subcommittee members shall serve without compensation. All subcommittees operate under the provisions of FACA, the Government in the Sunshine Act, governing Federal statutes and regulations, and governing DoD policies/procedures.