[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Notices]
[Pages 59922-59923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16290]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2024-0029]


Establishment of Independent Panel To Review Actions Relating to 
the Attempted Assassination of Former President Donald J. Trump

AGENCY: Office of the Secretary, Department of Homeland Security (DHS).

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 Former President Donald J. Trump 
on July 13, 2024, the Department of Homeland Security (Department or 
DHS) is creating an Independent Review Panel (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 
the planning for and actions taken by the U.S. Secret Service and state 
and local authorities, before, during, and after the July 13, 2024, 
attempted assassination of Former President Donald J. Trump at a 
campaign rally in Butler, Pennsylvania. The Panel will also review the 
governing policies and procedures and provide findings and 
recommendations to the Secretary of Homeland Security.

FOR FURTHER INFORMATION CONTACT: Michael J. Miron, Committee Management 
Officer, Office of Partnership and Engagement, U.S. Department of 
Homeland Security at [email protected] or (202) 343-1673.

SUPPLEMENTARY INFORMATION:

I. Background

    At the direction of the President, the Secretary of Homeland 
Security is establishing an independent review of the tragic events of 
July 13, 2024, when a now-deceased assailant attempted to assassinate 
former President Donald J. Trump at a campaign rally in Butler, 
Pennsylvania, injuring the former President, killing one person 
attending the rally, and injuring two others, as reported. The Panel 
will review the planning for and actions taken by U.S. Secret Service 
and state and local authorities before, during, and after the July 13, 
2024 campaign rally, and the governing policies and procedures. The 
Panel will provide findings and recommendations to the Secretary of 
Homeland Security. This time-sensitive and important review will entail 
discussion of classified information.
    The 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 2014, the Department established the United States Secret 
Service Protective Mission Panel (USSSPMP) to review security 
processes, procedures, and actions taken after a civilian scaled a 
fence and entered the White House compound on September 19, 2014. See 
79 FR 63141 (Oct. 22, 2014). Discussions between the members of the 
2014 Panel involved intelligence and law enforcement sensitive 
information and remain non-public to avoid disclosing protective 
mission sensitive information to criminals and our nation's enemies, 
including sensitive law enforcement techniques and

[[Page 59923]]

methods, and the management of these protective and law enforcement 
missions of the U.S. Secret Service. Similarly, many of the issues to 
be reviewed by the Independent Review 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 taken by U.S. Secret service, state and local authorities, 
before, on, or after July 13, 2024.

II. Identifying Solutions

    The Department recognizes the importance of the Federal Advisory 
Committee Act (FACA), 5 U.S.C. Ch. 10. 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 events of July 13, 2024, in an appropriate 
setting. The FACA contains several exceptions to its general disclosure 
rules, but the use of those exceptions is 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 (HSA) 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 a forum to freely and completely review 
the security procedures, to discuss potential vulnerabilities, and to 
provide the Department with information and recommendations that 
otherwise could not be discussed.

III. Exercise of Section 871 Authority To Establish the Independent 
Review Panel

    The Department respects the principles of open government and has 
judiciously exercised the authority Congress provided in Section 871 of 
the HSA. Given that the use of this authority will allow the Department 
a forum 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, 
vulnerabilities, protective measures, best practices, and lessons 
learned. An effective panel must be able to have ongoing, immediate, 
and multidirectional communication and coordination under highly 
exigent circumstances.
    In furtherance of the 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 the planning for and 
actions taken by the U.S. Secret Service and state and local 
authorities before, during, and after the July 13, 2024 campaign rally, 
and the governing policies and procedures. 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 Panel, 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. Ch. 10). 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.
    The Department, to the fullest extent possible without compromising 
the protective security or law enforcement missions, will make the 
factual findings and recommendations of the Panel available to the 
public.

IV. Membership and Structure

    The specific membership of the Panel will consist of individuals 
with expertise in (a) law enforcement, (b) protective security, (c) 
homeland security, and (d) other experts as the investigation dictates. 
The Panel members will be designated by the Secretary. The Panel is 
tasked with making factual findings and recommendations. The Panel may 
identify and provide to the Secretary interim recommendations requiring 
immediate implementation prior to completing the full inquiry. This 
Notice is not a solicitation for membership.
    Membership Status: Non-Federal members of the Panel serve as 
special government employees.
    Meetings: The Panel 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 Panel. In addition, the Panel may establish 
informal working groups for the purpose of factfinding, issue 
development, or other preliminary non-deliberative activities. Such 
activities in support of the Panel shall also be within the scope of 
the exemption noted above.
    Duration of Panel: Six months, subject to extension pursuant to 
section 871(b) of the Homeland Security Act of 2002 (6 U.S.C. 451(b)).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2024-16290 Filed 7-22-24; 8:45 am]
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