81_FR_90581 81 FR 90341 - Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (Judicial Proceedings Panel); Notice of Federal Advisory Committee Meeting

81 FR 90341 - Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (Judicial Proceedings Panel); Notice of Federal Advisory Committee Meeting

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 240 (December 14, 2016)

Page Range90341-90342
FR Document2016-29979

The Department of Defense is publishing this notice to announce the following Federal Advisory Committee meeting of the Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (``the Judicial Proceedings Panel'' or ``the Panel''). The meeting is open to the public.

Federal Register, Volume 81 Issue 240 (Wednesday, December 14, 2016)
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Notices]
[Pages 90341-90342]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29979]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Judicial Proceedings Since Fiscal Year 2012 Amendments Panel 
(Judicial Proceedings Panel); Notice of Federal Advisory Committee 
Meeting

AGENCY: Department of Defense.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense is publishing this notice to 
announce the following Federal Advisory Committee meeting of the 
Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (``the 
Judicial Proceedings Panel'' or ``the Panel''). The meeting is open to 
the public.

[[Page 90342]]


DATES: A meeting of the Judicial Proceedings Panel will be held on 
Friday, January 6, 2017. The public session will begin at 9:00 a.m. and 
end at 4:45 p.m.

ADDRESSES: Holiday Inn Arlington at Ballston, Grand Ballroom, 4610 N. 
Fairfax Drive, Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT: Ms. Julie Carson, Judicial Proceedings 
Panel, One Liberty Center, Suite 150, 875 N. Randolph Street, 
Arlington, Virginia 22203. Email: [email protected]. Phone: (703) 693-3849. Web site: http://jpp.whs.mil.

SUPPLEMENTARY INFORMATION: This public meeting is being held 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.
    Purpose of the Meeting: In section 576(a)(2) of the National 
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), as 
amended, Congress tasked the Judicial Proceedings Panel to 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 for 
Fiscal Year 2012 (Pub. L. 112-81; 125 Stat. 1404), for the purpose of 
developing recommendations for improvements to such proceedings. At 
this meeting, the Panel will receive testimony on current military 
justice practices related to Military Rules of Evidence 412 and 513 
from former military trial judges and current military justice 
practitioners. The Panel will also receive a presentation from JPP 
Subcommittee members on the policy of withholding initial disposition 
authority in sexual assault cases to the O-6 level and on judge 
advocate military justice training.
    Agenda:
8:30 a.m.-9:00 a.m. Administrative Work (41 CFR 102-3.160, not subject 
to notice & open meeting requirements)
9:00 a.m.-9:15 a.m. Welcome and Introduction
    --Designated Federal Official Opens Meeting
    --Remarks of the Chair
9:15 a.m.-10:45 a.m. Perspectives of Former Military Trial Judges on 
M.R.E. 412 and M.R.E. 513 Evidence at Article 32 Hearings and Courts-
Martial
    --Former Military Trial Judges
10:45 a.m.-12:15 p.m. Perspectives of Defense Counsel on M.R.E. 412 and 
M.R.E. 513 Evidence at Article 32 Hearings and Courts-Martial
    --Service Defense Counsel
12:15 p.m.-1:15 p.m. Lunch
1:15 p.m.-2:45 p.m. Perspectives of Trial Counsel on M.R.E. 412 and 
M.R.E. 513 Evidence at Article 32 Hearings and Courts-Martial
    --Service Trial Counsel
2:45 p.m.-4:00 p.m. Perspectives of Special Victims' Counsel/Victims' 
Legal Counsel on M.R.E. 412 and M.R.E. 513 Evidence at Article 32 
Hearings and Courts-Martial
    --Service Special Victims' Counsel and Victims' Legal Counsel
4:00 p.m.-4:30 p.m. Presentation by JPP Subcommittee Members on 
Withholding Initial Disposition Authority in Sexual Assault Cases and 
Service Attorney Training
    --JPP Subcommittee Members
4:30 p.m.-4:45 p.m. Public Comment
4:45 p.m. Meeting Adjourned
    Availability of Materials for the Meeting: A copy of the January 6, 
2017 public meeting agenda and any updates or changes to the agenda, 
including the location and individual speakers not identified at the 
time of this notice, as well as other materials provided to Panel 
members for use at the public meeting, may be obtained at the meeting 
or from the Panel's Web site at http://jpp.whs.mil.
    Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b 
and 41 CFR 102-3.140 through 102-3.165, and the availability of space, 
this meeting is open to the public. Seating is limited and is on a 
first-come basis. In the event the Office of Personnel Management 
closes the government due to inclement weather or any other reason, 
please consult the Web site for any changes to public meeting dates or 
time.
    Special Accommodations: Individuals requiring special 
accommodations to access the public meeting should contact the Judicial 
Proceedings Panel at [email protected] at 
least five (5) business days prior to the meeting so that appropriate 
arrangements can be made.
    Procedures for Providing Public Comments: Pursuant to 41 CFR 102-
3.140 and section 10(a)(3) of the Federal Advisory Committee Act of 
1972, the public or interested organizations may submit written 
comments to the Panel about its mission and topics pertaining to this 
public session. Written comments must be received by the JPP at least 
five (5) business days prior to the meeting date so that they may be 
made available to the Judicial Proceedings Panel for their 
consideration prior to the meeting. Written comments should be 
submitted via email to the Judicial Proceedings Panel at 
[email protected] in the following formats: 
Adobe Acrobat or Microsoft Word. Please note that since the Judicial 
Proceedings Panel operates under the provisions of the Federal Advisory 
Committee Act, as amended, all written comments will be treated as 
public documents and will be made available for public inspection. If 
members of the public are interested in making an oral statement 
pertaining to the agenda for the public meeting, a written statement 
must be submitted as above along with a request to provide an oral 
statement. After reviewing the written comments and the oral statement, 
the Chairperson and the Designated Federal Official will determine who 
will be permitted to make an oral presentation of their issue during 
the public comment portion of this meeting. This determination is at 
the sole discretion of the Chairperson and Designated Federal Official, 
will depend on the time available and relevance to the Panel's 
activities for that meeting, and will be on a first-come basis. When 
approved in advance, oral presentations by members of the public will 
be permitted from 4:30 p.m. to 4:45 p.m. on January 6, 2017 in front of 
the Panel members.
    Committee's Designated Federal Official: The Panel's Designated 
Federal Official is Ms. Maria Fried, Department of Defense, Office of 
the General Counsel, 1600 Defense Pentagon, Room 3B747, Washington, DC 
20301-1600.

    Dated: December 9, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-29979 Filed 12-13-16; 8:45 am]
BILLING CODE 5001-06-P



                                                                         Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices                                                90341

                                                technical documents, personnel                          notification threshold and thus requires              along with authentic threat emitters
                                                training, U.S. Government and                           notification of the entire case. The total            purchased from vendors in Former
                                                contractor technical assistance, and                    overall estimated value is $115 million.              Soviet Block states. The range hardware
                                                other related elements of engineering,                     This sale will contribute to the foreign           is Unclassified either stand-alone or
                                                logistics, and program management.                      policy and national security of the                   integrated. The range software is
                                                This amendment will push the original                   United States by helping to improve the               unclassified with the exception of one
                                                case value above notification threshold                 security of a major contributor to                    (1) Secret Digital Integrated Air Defense
                                                and thus requires notification of the                   political stability, security, and                    System (DIADS) software suite. The
                                                entire case.                                            economic development in the Western                   amendment facilitates transfer of
                                                   (iv) Military Department: Navy (AT–                  Pacific. Australia is an important Major              classified information such as software,
                                                P–GUW–A1)                                               non-NATO Ally and partner that                        classified threat and fly-out models,
                                                   (v) Prior Related Cases, if any:                     contributes significantly to                          user event captured data, range
                                                FMS case AT–P–LEN: $992M                                peacekeeping and humanitarian                         operations manuals, and security
                                                   September 13, 2012 (Airborne                         operations around the world. It is vital              classification guidance. The classified
                                                   Electronic Attack Kits)                              to the U.S. national interest to assist our           information enhances the usefulness of
                                                FMS case AT–P–SCI $1.3B July 4, 2013                    ally in developing and maintaining a                  the range technology being transferred
                                                   (twelve EA–18G aircrafts)                            strong and ready self-defense capability.             and provides guidance on safeguarding
                                                FMS case AT–P–GUW $79M February                         By enabling Australian Defense Force                  sensitive information.
                                                   12, 2015 (Electronic Warfare Range                   (ADF) ranges, the U.S. Government will                   2. When EW range hardware and
                                                   System)                                              ensure consistency in training across                 software work together against a
                                                   (vi) Sales Commission, Fee, etc., Paid,              platforms and theaters, whether the                   particular aircraft platform, the visual
                                                Offered, or Agreed to be Paid: None                     exercises are conducted in the United                 and recorded information becomes
                                                   (vii) Sensitivity of Technology                      State or in Australia, where U.S.                     classified Secret. The range capability is
                                                Contained in the Defense Article or                     aircrews will be able to participate in               unclassified until the networks touch a
                                                Defense Services Proposed to be Sold:                   training exercises alongside their                    Secret network (e.g., Link 16) or perform
                                                See Attached Annex                                      Australian counterparts.                              against real world training missions.
                                                   (viii) Date Report Delivered to                         The proposed sale will allow                       The customer may capture intelligence
                                                Congress: December 2, 2016                              continued efforts to improve Australia’s              regarding the authentic threat emitters
                                                   * as defined in Section 47(6) of the                 capability in current and future                      that is classified Confidential or Secret,
                                                Arms Export Control Act.                                coalition operations. Australia will use              as well as other training artifacts and
                                                                                                        the range to enhance Electronic Warfare               debrief products capturing weapons
                                                POLICY JUSTIFICATION                                    capabilities as a deterrent to regional               capability and tactics.
                                                Government of Australia—AEA–18G                         threats and to strengthen its homeland                   3. If a technologically advanced
                                                Electronic Warfare Range System                         defense. Australia will have no                       adversary were to obtain knowledge of
                                                                                                        difficulty absorbing these items into its             the specific hardware and software
                                                  The Government of Australia has
                                                                                                        armed forces.                                         elements, the information could be used
                                                requested additional funding to a                          The proposed sale will not alter the
                                                previously implemented case for two                                                                           to develop countermeasures that might
                                                                                                        basic military balance in the region.                 reduce EA–18G weapon system
                                                Electronic Warfare Range Systems to                        The prime contractors will be Leidos
                                                conduct Electronic Warfare and                                                                                effectiveness or be used in the
                                                                                                        (hardware) and General Dynamics
                                                Electronic Surveillance training within                                                                       development of a system with similar or
                                                                                                        Mission Systems (software). The U.S.
                                                the borders of Australia. The original                                                                        advanced capabilities.
                                                                                                        Government is not aware of any known
                                                FMS case, valued at $79.07 million,                                                                              4. All defense articles and services
                                                                                                        offsets associated with this sale.
                                                includes non-MDE costs for all support                                                                        listed in this transmittal are authorized
                                                                                                           Implementation of this sale will
                                                elements required to provide for system                                                                       for release and export to the
                                                                                                        require ten (10) temporary U.S.
                                                integration testing, tools and test                                                                           Government of Australia.
                                                                                                        Government or contractor
                                                equipment, support equipment, spare                     representatives to Australia for                      [FR Doc. 2016–29962 Filed 12–13–16; 8:45 am]
                                                and repair parts, publications,                         assistance in integration and range                   BILLING CODE 5001–06–P
                                                operations manuals, technical                           operational and maintenance training.
                                                documents, personnel training, U.S.                        There will be no adverse impact on
                                                Government and contractor technical                     U.S. defense readiness as a result of this            DEPARTMENT OF DEFENSE
                                                assistance, and other related elements of               proposed amendment.
                                                logistics and program support. The                                                                            Office of the Secretary
                                                addition of $35.93 million in non-MDE                   Transmittal No. 16–54
                                                                                                                                                              Judicial Proceedings Since Fiscal Year
                                                funding to the basic case will provide                  Notice of Proposed Issuance of Letter of
                                                                                                                                                              2012 Amendments Panel (Judicial
                                                for unfunded requirements to meet the                   Offer Pursuant to Section 36(b)(1) of the
                                                                                                                                                              Proceedings Panel); Notice of Federal
                                                scope of the basic case and provide for                 Arms Export Control Act
                                                                                                                                                              Advisory Committee Meeting
                                                the sale of additional classified                       Annex
                                                technical data and software, system                                                                           AGENCY:   Department of Defense.
                                                integration and testing, tools and test                 Item No. vii
                                                                                                                                                              ACTION:   Notice of meeting.
                                                equipment, support equipment, spare                        (vii) Sensitivity of Technology
                                                and repair parts, publications,                            1. Provides two (2) in-country                     SUMMARY:   The Department of Defense is
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                                                operations manuals, and technical                       Electronic Warfare (EW) ranges for EA–                publishing this notice to announce the
                                                documents, personnel training, U.S.                     18G aircrew training to detect, identify,             following Federal Advisory Committee
                                                Government and contractor technical                     locate, and suppress hostile emitters.                meeting of the Judicial Proceedings
                                                assistance, and other related elements of               Range technology transfers                            Since Fiscal Year 2012 Amendments
                                                engineering, logistics, and program                     programmable equipment able to                        Panel (‘‘the Judicial Proceedings Panel’’
                                                management. This amendment will                         emulate generic Integrated Air Defense                or ‘‘the Panel’’). The meeting is open to
                                                push the original case value above                      Systems, threat and other emitters,                   the public.


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                                                90342                    Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices

                                                DATES:   A meeting of the Judicial                         —Former Military Trial Judges                      Proceedings Panel for their
                                                Proceedings Panel will be held on                       10:45 a.m.–12:15 p.m. Perspectives of                 consideration prior to the meeting.
                                                Friday, January 6, 2017. The public                          Defense Counsel on M.R.E. 412 and                Written comments should be submitted
                                                session will begin at 9:00 a.m. and end                      M.R.E. 513 Evidence at Article 32                via email to the Judicial Proceedings
                                                at 4:45 p.m.                                                 Hearings and Courts-Martial                      Panel at whs.pentagon.em.mbx.judicial-
                                                ADDRESSES: Holiday Inn Arlington at                        —Service Defense Counsel                           panel@mail.mil in the following
                                                Ballston, Grand Ballroom, 4610 N.                       12:15 p.m.–1:15 p.m. Lunch                            formats: Adobe Acrobat or Microsoft
                                                Fairfax Drive, Arlington, Virginia 22203.               1:15 p.m.–2:45 p.m. Perspectives of                   Word. Please note that since the Judicial
                                                                                                             Trial Counsel on M.R.E. 412 and                  Proceedings Panel operates under the
                                                FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                             M.R.E. 513 Evidence at Article 32                provisions of the Federal Advisory
                                                Julie Carson, Judicial Proceedings Panel,                    Hearings and Courts-Martial
                                                One Liberty Center, Suite 150, 875 N.                                                                         Committee Act, as amended, all written
                                                                                                           —Service Trial Counsel                             comments will be treated as public
                                                Randolph Street, Arlington, Virginia                    2:45 p.m.–4:00 p.m. Perspectives of
                                                22203. Email:                                                                                                 documents and will be made available
                                                                                                             Special Victims’ Counsel/Victims’                for public inspection. If members of the
                                                whs.pentagon.em.mbx.judicial-panel@                          Legal Counsel on M.R.E. 412 and
                                                mail.mil. Phone: (703) 693–3849. Web                                                                          public are interested in making an oral
                                                                                                             M.R.E. 513 Evidence at Article 32                statement pertaining to the agenda for
                                                site: http://jpp.whs.mil.                                    Hearings and Courts-Martial                      the public meeting, a written statement
                                                SUPPLEMENTARY INFORMATION: This                            —Service Special Victims’ Counsel                  must be submitted as above along with
                                                public meeting is being held under the                       and Victims’ Legal Counsel                       a request to provide an oral statement.
                                                provisions of the Federal Advisory                      4:00 p.m.–4:30 p.m. Presentation by                   After reviewing the written comments
                                                Committee Act of 1972 (5 U.S.C.,                             JPP Subcommittee Members on                      and the oral statement, the Chairperson
                                                Appendix, as amended), the                                   Withholding Initial Disposition                  and the Designated Federal Official will
                                                Government in the Sunshine Act of                            Authority in Sexual Assault Cases                determine who will be permitted to
                                                1976 (5 U.S.C. 552b, as amended), and                        and Service Attorney Training                    make an oral presentation of their issue
                                                41 CFR 102–3.150.                                          —JPP Subcommittee Members
                                                   Purpose of the Meeting: In section                                                                         during the public comment portion of
                                                                                                        4:30 p.m.–4:45 p.m. Public Comment
                                                576(a)(2) of the National Defense                       4:45 p.m. Meeting Adjourned                           this meeting. This determination is at
                                                Authorization Act for Fiscal Year 2013                     Availability of Materials for the                  the sole discretion of the Chairperson
                                                (Pub. L. 112–239), as amended,                          Meeting: A copy of the January 6, 2017                and Designated Federal Official, will
                                                Congress tasked the Judicial                            public meeting agenda and any updates                 depend on the time available and
                                                Proceedings Panel to conduct an                         or changes to the agenda, including the               relevance to the Panel’s activities for
                                                independent review and assessment of                    location and individual speakers not                  that meeting, and will be on a first-come
                                                judicial proceedings conducted under                    identified at the time of this notice, as             basis. When approved in advance, oral
                                                the Uniform Code of Military Justice                    well as other materials provided to                   presentations by members of the public
                                                (UCMJ) involving adult sexual assault                   Panel members for use at the public                   will be permitted from 4:30 p.m. to 4:45
                                                and related offenses since the                          meeting, may be obtained at the meeting               p.m. on January 6, 2017 in front of the
                                                amendments made to the UCMJ by                          or from the Panel’s Web site at http://               Panel members.
                                                                                                        jpp.whs.mil.                                             Committee’s Designated Federal
                                                section 541 of the National Defense
                                                                                                           Public’s Accessibility to the Meeting:             Official: The Panel’s Designated Federal
                                                Authorization Act for Fiscal Year 2012
                                                                                                        Pursuant to 5 U.S.C. 552b and 41 CFR                  Official is Ms. Maria Fried, Department
                                                (Pub. L. 112–81; 125 Stat. 1404), for the
                                                                                                        102–3.140 through 102–3.165, and the                  of Defense, Office of the General
                                                purpose of developing
                                                                                                        availability of space, this meeting is                Counsel, 1600 Defense Pentagon, Room
                                                recommendations for improvements to
                                                                                                        open to the public. Seating is limited                3B747, Washington, DC 20301–1600.
                                                such proceedings. At this meeting, the
                                                Panel will receive testimony on current                 and is on a first-come basis. In the event              Dated: December 9, 2016.
                                                military justice practices related to                   the Office of Personnel Management                    Aaron Siegel,
                                                Military Rules of Evidence 412 and 513                  closes the government due to inclement                Alternate OSD Federal Register Liaison
                                                from former military trial judges and                   weather or any other reason, please                   Officer, Department of Defense.
                                                current military justice practitioners.                 consult the Web site for any changes to               [FR Doc. 2016–29979 Filed 12–13–16; 8:45 am]
                                                The Panel will also receive a                           public meeting dates or time.                         BILLING CODE 5001–06–P
                                                presentation from JPP Subcommittee                         Special Accommodations: Individuals
                                                members on the policy of withholding                    requiring special accommodations to
                                                initial disposition authority in sexual                 access the public meeting should                      DEPARTMENT OF EDUCATION
                                                assault cases to the O–6 level and on                   contact the Judicial Proceedings Panel at
                                                judge advocate military justice training.               whs.pentagon.em.mbx.judicial-panel@                   [Docket No.: ED–2016–ICCD–0111]
                                                   Agenda:                                              mail.mil at least five (5) business days
                                                                                                        prior to the meeting so that appropriate              Agency Information Collection
                                                8:30 a.m.–9:00 a.m. Administrative
                                                                                                        arrangements can be made.                             Activities; Submission to the Office of
                                                     Work (41 CFR 102–3.160, not
                                                                                                           Procedures for Providing Public                    Management and Budget for Review
                                                     subject to notice & open meeting
                                                                                                        Comments: Pursuant to 41 CFR 102–                     and Approval; Comment Request;
                                                     requirements)
                                                                                                        3.140 and section 10(a)(3) of the Federal             NPEFS 2016–2018: Common Core of
                                                9:00 a.m.–9:15 a.m. Welcome and
                                                                                                        Advisory Committee Act of 1972, the                   Data (CCD) National Public Education
                                                     Introduction
                                                                                                        public or interested organizations may                Financial Survey
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                                                   —Designated Federal Official Opens
                                                     Meeting                                            submit written comments to the Panel                  AGENCY:   National Center for Education
                                                   —Remarks of the Chair                                about its mission and topics pertaining               Statistics (NCES), Department of
                                                9:15 a.m.–10:45 a.m. Perspectives of                    to this public session. Written                       Education (ED).
                                                     Former Military Trial Judges on                    comments must be received by the JPP                  ACTION: Notice.
                                                     M.R.E. 412 and M.R.E. 513                          at least five (5) business days prior to
                                                     Evidence at Article 32 Hearings and                the meeting date so that they may be                  SUMMARY: In accordance with the
                                                     Courts-Martial                                     made available to the Judicial                        Paperwork Reduction Act of 1995, ED is


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Document Created: 2016-12-14 00:48:47
Document Modified: 2016-12-14 00:48:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of meeting.
DatesA meeting of the Judicial Proceedings Panel will be held on Friday, January 6, 2017. The public session will begin at 9:00 a.m. and end at 4:45 p.m.
ContactMs. Julie Carson, Judicial Proceedings Panel, One Liberty Center, Suite 150, 875 N. Randolph Street, Arlington, Virginia 22203. Email: whs.pentagon.em.mbx.judicial- [email protected] Phone: (703) 693-3849. Web site: http://jpp.whs.mil.
FR Citation81 FR 90341 

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