Office of the Secretary 2012 – Federal Register Recent Federal Regulation Documents

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 Defense Health Board (hereinafter referred to as ``the Board''). The Board has been determined to be in the public interest. The Board is a discretionary federal advisory committee that shall provide the Secretary and Deputy Secretary of Defense, through the Under Secretary of Defense for Personnel and Readiness (hereafter referred to as ``the Under Secretary of Defense''), and the Assistant Secretary of Defense for Health Affairs, independent advice and recommendations on matters pertaining to: a. DoD healthcare policy and program management; b. Health research programs; c. Requirements for the treatment and prevention of disease and injury by DoD; d. Promotion of health and the delivery of efficient, effective and high quality health care services to DoD beneficiaries; and e. Other matters of special interest to DoD, as determined by the Secretary of Defense, the Deputy Secretary of Defense or the Under Secretary. The Board is not established to provide advice on individual DoD procurements, but instead shall be concerned with the DoD healthcare issues facing the Department of Defense in the areas referenced above. No matter shall be assigned to the Board for its consideration that would require any Board member to participate personally and substantially in the conduct of any specific procurement or place him or her in the position of acting as a contracting or procurement official. The Board shall be composed of not more than 19 members who are appointed by the Secretary of Defense. The members shall be eminent authorities in one or more of the following disciplines: clinical health care, disease and injury prevention, health care delivery and administration, or strategic decision-making in government, industry, or academia. Board members shall be appointed by the Secretary of Defense and their appointments will be renewed on an annual basis according to DoD policy and procedures. Board members who are not full-time or permanent part-time Federal employees shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109 and serve as special government employees. Each Board 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 the exception of travel and per diem for official travel, Board members shall serve without compensation. The Secretary of Defense may approve the appointment of Board members for one-to-four year terms of service, with annual renewals; however, no member, unless authorized by the Secretary of Defense, may serve more than two consecutive terms of service on the Board. This same term of service limitation also applies to any DoD authorized Subcommittee of the Board. Appointments will normally be staggered among the Board membership to ensure an orderly turnover in the Board's overall composition on a periodic basis. Regular government officers or employees who participate in DoD's decision-making process for this Board are prohibited from serving on the Board or its subcommittees. The Secretary of Defense, in consultation with the Under Secretary of Defense, shall appoint the Board's President. The Under Secretary of Defense shall appoint the Vice President. The Under Secretary of Defense, pursuant to DoD policies and procedures, may appoint, as deemed necessary, non-voting experts and consultants, with special expertise, to assist the Board on an ad hoc basis. These experts and consultants, if not full-time or part-time government employees, shall be appointed under the authority of 5 U.S.C. 3109, shall serve as special government employees, shall be appointed on an intermittent basis to work specific Board-related efforts, and shall have no voting rights. Non-voting experts and consultants appointed by the Under Secretary of Defense shall not count toward the Board's total membership, and shall not engage in Board deliberations. The Department, when necessary, and consistent with the Board's mission and DoD policies/procedures, may establish subcommittees, task groups, and working groups to support the Board. 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 Board's sponsor. Such Subcommittees shall not work independently of the chartered Board, and shall report all of their recommendations and advice solely to the Board for full deliberation and discussion. Subcommittees have no authority to make decisions and recommendations, verbally or in writing, on behalf of the chartered Board; nor can any Subcommittee or its members update or report directly to the DoD 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 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 Board related travel, Subcommittee members shall serve without compensation. Each Subcommittee 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. All Subcommittees operate under the provisions of FACA, the Sunshine Act, governing Federal statutes and regulations, and governing DoD policies/procedures. Currently, DoD has approved the following permanent subcommittees to the Defense Health Board. a. Public Health Subcommittee: This Subcommittee shall be composed of not more than 10 members who are eminent authorities in at least one of the following disciplines: Infectious Disease; Occupational Health/ Medicine; Preventive Medicine; Public Health; and Toxicology. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining to improving the overall health of members of the Armed Forces and their families through the evaluation of DoD public health programs and initiatives including education, health promotion and prevention activities, as well as disease and injury prevention research. b. Health Care Delivery Subcommittee: This Subcommittee shall be composed of not more than nine members who are eminent authorities in at least one of the following disciplines: Health Care Academia; Health Care Finance/Economics; Health Care Policy/Executive Leadership; and Patient Care. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining to health care delivery, to include DoD health care policy and program management, and research. c. Neurological/Behavioral Health Subcommittee: This Subcommittee shall be composed of not more than 10 members who are eminent authorities in at least one of the following disciplines: Neurology; Post-Traumatic Stress Disorder; Psychiatry; Psychology; and Traumatic Brain Injury. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining to psychological/mental health issues and neurological symptoms or conditions among members of the Armed Forces and their families. d. Medical Ethics Subcommittee: This Subcommittee shall be composed of not more than five members who are eminent authorities in at least one of the following disciplines: Clergy, DoD leadership, Human Research Protection, attorneys with expertise in medical ethics, and Military Health System beneficiaries. One member must have formal bioethics or medical ethics training or experience. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining to medical ethics. e. Trauma and Injury Subcommittee: This Subcommittee shall be composed of not more than 10 members who are eminent authorities in at least one of the following disciplines: civilian or military trauma medicine systems. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining to trauma and injury, to include methods for prevention, recognition, clinical management, and treatment. It is the parent Subcommittee of the Committee on Tactical Combat Casualty Care. f. Committee on Tactical Combat Casualty Care: The Committee on Tactical Combat Casualty Care is a permanent work group of the Trauma and Injury Subcommittee and shall be composed of not more than 31 members who are physicians, nurses, physician assistants, or combat medics with experience in at least one of the following: military trauma medicine or systems; or tactical combat casualty care. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining in-theater care in the tactical environment.

On October 23, 2012 (77 FR 64854-64887), the Department of Defense published proposed amendments to the Manual for Courts-Martial and notice of a public meeting. After publication of the notice in the Federal Register, DoD discovered that the public meeting address in the DATES section was incorrect. This notice corrects that error. On page 64854, in the first column, in the DATES section, the text is corrected to read as follows:

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, and in accordance with section 10(a)(2) of Public Law, a Defense Health Board (DHB) meeting is announced.

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) extension titled, ``Reemployment and Eligibility Assessment Program,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given of a meeting of the Labor Advisory Committee for Trade Negotiation and Trade Policy. Date, Time, Place: November 13, 2012; 10:00 a.m.-12:00 p.m.; U.S. Department of Labor, Secretary's Conference Room, 200 Constitution Ave. NW., Washington, DC. Purpose: The meeting will include a review and discussion of current issues which influence U.S. trade policy. Potential U.S. negotiating objectives and bargaining positions in current and anticipated trade negotiations will be discussed. Pursuant to 19 U.S.C. 2155(f), it has been determined that the meeting will be concerned with matters the disclosure of which would seriously compromise the Government's negotiating objectives or bargaining positions. Accordingly, the meeting will be closed to the public.

The Office of the Secretary of Defense is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Lead in General Industry Standard,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

The Office of the Secretary of Defense proposes to add a new system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Defense Finance and Accounting Service is deleting a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Department is correcting a notice of proposed rulemaking (NPRM) published in the Federal Register. In that document, the Department proposed, among other modifications, to change the Uniform Report of DBE Commitments/Awards and Payments form found in our regulations. As this is an information collection covered by the Paperwork Reduction Act (PRA), the Department should have included a discussion of this collection in the ``Paperwork Reduction Act'' section of the NPRM in order to comply with the PRA's procedural requirements. Today, the Department is correcting this omission by including discussion of the Uniform Report collection and providing the public with 60 days from today to comment both on this collection and all other aspects of the NPRM. Thus, the original end of the comment period, November 5, 2012, has been extended until December 24, 2012.

The Department of Defense is proposing changes to the Manual for Courts-Martial, United States (2012 ed.) (MCM). The proposed changes concern the rules of procedure and evidence and the punitive articles applicable in trials by courts-martial. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters and Testimony,'' June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency. This notice also sets forth the date, time and location for a public meeting of the JSC to discuss the proposed changes. This notice is provided in accordance with DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. This notice is intended only to improve the internal management of the Federal Government. It is not intended to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States, its agencies, its officers, or any person. The committee also invites members of the public to suggest changes to the Manual for Courts-Martial; address specific recommended changes, and supporting rationale.

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) extension titled, ``Unemployment Insurance Trust Fund Activity,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) proposal titled, ``Self-Employment Training Demonstration Evaluation,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix), 41 CFR 102-3.55, and the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), effective October 5, 2012 the Department of Defense gives notice that it is terminating the Department of Defense Historical Advisory Committee.

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, as amended), and 41 CFR 102-3.150, the Department of Defense announces the following Federal advisory committee meeting.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Finance and Accounting Service announces the proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

The Defense Logistics Agency (DLA) proposes to revise and update its existing rule concerning the DLA Freedom of Information Act (FOIA) Program. This rule implements changes to conform to the requirements of the Electronic Freedom of Information Act Amendments of 1996, Public Law 104-231, and the OPEN Government Act of 2007, Public Law 110-175. In addition, part 1285 will be redesignated as part 300.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix 2 (2001)), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.10, DoD hereby announces that the DIA Advisory Board will meet on October 29, 2012. The meeting is closed to the public. The meeting necessarily includes discussions of classified information relating to DIA's intelligence operations including its support to current operations.

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) proposal titled, ``Workforce Investment Act Adult and Dislocated Worker Programs Gold Standard Evaluation Follow-Up Surveys, Veterans Study, and Cost Data,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

The Department of Labor (DOL) is submitting the Office of Federal Contract Compliance Programs (OFCCP) sponsored information collection request (ICR) proposal titled, ``Agreement Approval Process for Use of Functional Affirmative Action Programs,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C. App 2, Section 1), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.150, the Department of Defense announces the following closed meeting notice pertaining to the following federal advisory committee: U.S. Strategic Command Strategic Advisory Group.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), this notice announces the following meeting of the Board of Regents of the Uniformed Services University of the Health Sciences.