2010-26839. Renewal of Department of Defense Federal Advisory Committee; United States Military Academy Board of Visitors

AGENCY:

Department of Defense (DoD).

ACTION:

Renewal of Federal advisory committee.

SUMMARY:

Under the provisions of 10 U.S.C. 4355, 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, the Department of Defense gives notice that it is renewing the charter for the United States Military Academy Board of Visitors (hereafter referred to as the “Board”).

FOR FURTHER INFORMATION CONTACT:

Jim Freeman, Deputy Committee Management Officer for the Department of Defense, 703-601-6128.

SUPPLEMENTARY INFORMATION:

The Board is a non-discretionary federal advisory committee established to provide independent advice and recommendation to the President of the United States on matters relating to the U.S. Military Academy, including the following: morale and discipline, curriculum, instruction, physical equipment, fiscal affairs, academic methods, and any other matters relating to the Academy that the Board decides to consider.

The Board shall visit the U.S. Military Academy annually, and any other official visits by the Board or its members to the Academy, other than the annual visit, shall be made in compliance with the requirements set forth in Title 10, United States Code, section 4355(d).

The Board shall submit a written report to the President of the United States within 60 days after its annual visit to the U.S. Military Academy, to include the Board's views and recommendations pertaining to the Academy.

The Secretary of the Army may act upon the Board's advice and recommendations.

The Board shall be comprised of not more than fifteen members. Under the provisions of 10 U.S.C. 4355(a), the Board members shall include:

a. The Chairperson of the Committee on Armed Services of the Senate, or designee;

b. Three other members of the Senate designated by the Vice President or President pro tempore of the Senate, two of whom are members of the Senate Committee on Appropriations

c. The Chairperson of the Committee on Armed Services of the House of Representatives, or designee

d. Four other members of the House of Representatives designated by the Speaker of the House or Representatives, two of whom are members of the House Committee on Appropriations; and,

e. Six persons designated by the President.

Board members designated by the President, who are not full-time federal officers or employees, shall be appointed to serve as special government employees under the authority of 5 U.S.C. 3109, and these appointments shall be renewed on an annual basis. Board members shall, with the exception of travel and per diem for official travel, serve without compensation.

Board members designated by the President shall serve for three years except that any member whose term of office has expired shall continue to serve until a successor is appointed. In addition, the President shall designate two persons each year to succeed the members whose terms expire that year.

If a member of the Board dies or resigns, a successor shall be designated for the unexpired portion of the term by the official who designated the member. The Board members shall select the Board Chairperson from the total membership.

With the exception of travel and per diem for official travel, board members shall serve without compensation.

The Board, pursuant to 10 U.S.C. 4355(g), may upon approval by the Secretary of the Army, call in advisers for consultation, and these advisers shall, with the exception of travel and per diem for official travel, serve without compensation.

With DOD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission. These subcommittees shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and other governing Federal policies and regulations.

Such subcommittees 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 they report directly to the Department of Defense or any Federal officers or employees who are not Board members.

Subcommittee members, if not full-time or part-time government employees, shall be appointed by the Secretary of Defense according to governing DoD policies and procedures. Such individuals 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 on an annual basis.

The Board shall meet at the call of the Designated Federal Officer, in consultation with the Board's Chairperson. The estimated number of Committee meetings is four per year.

The Designated Federal Officer, pursuant to DoD policy, shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with governing policies and procedures.

In addition, the Designated Federal Officer is required to be in attendance at all Board and subcommittee meetings, however, in the absence of the Designated Federal Officer, an Alternate Designated Federal Officer shall attend the meeting.

Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the United States Military Academy Board of Visitors 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 the United States Military Academy Board of Visitors.

All written statements shall be submitted to the Designated Federal Officer for the United States Military Academy Board of Visitors, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the United States Military Academy Board of Visitors 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 United States Military Academy Board of Visitors. 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: October 20, 2010.

Mitchell S. Bryman,

Alternate OSD Federal Register Liaison Officer, Department of Defense.