[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, <a href="/cdn-cgi/l/email-protection#256840414c446c4b54504c575c656d740b616d760b626a73"><span class="__cf_email__" data-cfemail="ace1c9c8c5cde5c2ddd9c5ded5ece4fd82e8e4ff82ebe3fa">[email protected]</span></a>.

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]
BILLING CODE 9110-9B-P


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