Notice2024-16290
Establishment of Independent Panel To Review Actions Relating to the Attempted Assassination of Former President Donald J. Trump
Primary source
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Published
July 24, 2024
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 142 (Wednesday, July 24, 2024)</title>
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[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Notices]
[Pages 59922-59923]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#186a7d6e717d6f6879767d74587069367c706b367f776e"><span class="__cf_email__" data-cfemail="136176657a766463727d767f537b623d777b603d747c65">[email protected]</span></a> 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]
BILLING CODE 9112-FP-P
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