[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63141-63142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25052]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
United States Secret Service Protective Mission Panel
AGENCY: Office of the Secretary, Department of Homeland Security.
ACTION: Committee management: notice of committee establishment.
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SUMMARY: In order to facilitate an effective review of the security
provided by the U.S. Secret Service to the White House compound, the
Department of Homeland Security (Department or DHS) is creating the
U.S. Secret Service Protective Mission Panel (USSSPMP or Panel).
Pursuant to the Homeland Security Act of 2002, the Department is taking
immediate measures to establish this independent panel of experts to
inquire into recent incidents at the White House compound and to
provide to the Secretary of Homeland Security recommendations for
potential new directors of the U.S. Secret Service and whether there
should be a broader review of the U.S. Secret Service.
Name of Committee: U.S. Secret Service Protective Mission Panel.
FOR FURTHER INFORMATION CONTACT: Peter Boogaard, Office of Public
Affairs, (202) 282-8010, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
DHS is establishing an independent panel to review the recent fence
jumping incident at the White House on September 19, 2014 and related
issues concerning security at the White House compound; to provide
recommendations for potential new directors of the Secret Service; and
to recommend whether there should be a broader review of the Secret
Service. This time-sensitive and important review will entail
discussion of classified information.
This Department has recognized in the past that some highly
critical issues cannot be discussed in public without jeopardizing the
security and confidentiality of sensitive homeland security
information. For example, in 2006, the Department established the
Critical Infrastructure Partnership Advisory Council (CIPAC) to aid in
the communication and coordination between critical private sector
entities and the Federal agencies charged with regulating them. See 71
FR 14930 (Mar. 24, 2006). Discussions between the members of that
Council involve intelligence and law enforcement information and remain
non-public to avoid giving our nation's enemies information they could
use to effectively attack a particular infrastructure.
Many of the issues to be reviewed by the Panel will require access
to, and discussion of, non-public classified information and other non-
public law enforcement sensitive information. These matters include
protective measures at the White House, sensitive law enforcement
techniques and methods, and the management of these protective and law
enforcement missions of the Secret Service.
II. Identifying Solutions
The Department recognizes the importance of the Federal Advisory
Committee Act (FACA). The FACA, when it applies, generally requires
advisory committees to meet in open session and make publicly available
associated written materials. It also requires a 15-day notice before
any meeting may be closed to public attendance. These requirements,
however, would prevent the Department from convening on short notice a
panel to discuss the sensitive and classified information surrounding
the review of protective measures at the White House compound and other
U.S. Secret Service law enforcement missions in an appropriate setting.
The FACA contains a number of exceptions to its general disclosure
rules, but the applicability of those exceptions are not sufficient to
address the proper handling of classified material and the protection
of law enforcement sensitive information in this unique context. The
information that will be discussed and reviewed by this panel will be
deliberative in nature and will involve classified information that, if
discussed in public, would result in the unauthorized disclosure of
information that could reasonably be expected to result in threats or
damage to national security. Furthermore, the information discussed
will involve techniques and procedures for law enforcement
investigations. The release of this information would enable criminals
and enemies to use that information to circumvent the law and could
reasonably be expected to endanger the life or physical safety of
individuals.
Section 871 of the Homeland Security Act provides the Secretary of
Homeland Security with the authority to establish advisory committees
and exempt them from the FACA. 6 U.S.C. 451(a). This authority allows
the Department to freely and completely review the security procedures,
to discuss potential vulnerabilities, and to provide the Department
with information and
[[Page 63142]]
recommendations that otherwise could not be discussed.
III. Exercise of Section 871 Authority To Establish the U.S. Secret
Service Protective Mission Panel
The Department respects the principles of open government and has
judiciously exercised the authority Congress provided in Section 871.
Given that the use of this authority will allow the Department to fully
and completely review the issues and make recommendations surrounding
the U.S. Secret Service as described above, the Department is invoking
that authority.
Collaboration among the panel members must involve many activities
to include: planning, coordination, protective security implementation,
operational activities related to protective service security measures,
as well as leadership issues, vulnerabilities, protective measures,
best practices, and lessons learned. An effective panel must be able to
have ongoing, immediate, and multi-directional communication and
coordination under highly exigent circumstances.
In furtherance of DHS' mission to provide protective services, the
public interest requires the establishment of the Panel under the
authority of 6 U.S.C. 451. The Panel will review recent incidents,
provide recommendations on potential new directors, and recommend
whether there should be a broader review of the Secret Service. The
Panel will interact with federal officials and representatives from the
security and law enforcement communities. The Panel has no authority to
establish Federal policy or otherwise undertake inherently governmental
functions.
Exemption from the FACA (Pub. L. 92-463): In recognition of the
highly-sensitive, and often confidential or classified nature of the
subject matter involved in the activities of the USSSPMP, under the
authority of section 871 of the Homeland Security Act of 2002 (6 U.S.C.
451), the panel is hereby deemed exempt from the requirements of Public
Law 92-463 (5 U.S.C. App.). The decision to exercise the exemption
authority in section 871 will support the free flow of classified and
law enforcement sensitive information concerning U.S. Secret Service
protective measures and its operations as a law enforcement
organization.
IV. Membership and Structure
The specific membership of the USSSPMP will consist of individuals
with expertise in: (a) National security, (b) protective security, (c)
leading complex organizations, and (d) other experts as the
investigation dictates. The members are identified below at Appendix A.
Membership Status: Non-Federal members of the USSSPMP serve as
special government employees.
Meetings: The USSSPMP may meet as a whole or in any combination of
subgroups that is most conducive to the effective conduct of its
activities including, without limitation, in groups encompassing
discrete topics to address specific issues and concerns (e.g., a
meeting of the members to discuss security specific issues, or a
meeting of leaders of complex organizations). As independent bodies,
meetings consisting solely of members of these subgroups shall not
constitute meetings of the USSSPMP. In addition, the USSSPMP may
establish informal working groups for the purpose of fact-finding,
issue development, or other preliminary non-deliberative activities.
Such activities in support of the USSSPMP shall also be within the
scope of the exemption noted above.
Duration of Committee: Six months, subject to extension pursuant to
section 871(b) of the Homeland Security Act of 2002 (6 U.S.C. 451(b)).
Dated: October 15, 2014.
Jeh Charles Johnson,
Secretary.
Appendix A--Membership of the U.S. Secret Service Protective Mission
Panel
Thomas J. Perrelli
Mark Filip
Danielle C. Gray
Joseph W. Hagin
[FR Doc. 2014-25052 Filed 10-21-14; 8:45 am]
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