DHS Announces HSAC Closed Door Meeting

Today DHS published a notice in the Federal Register (76 FR 81516-81517) that the Homeland Security Advisory Council will be holding a closed door meeting on January 9^th, 2012. The meeting is closed to the public because the sensitive nature of the reports being made by DHS to the Council might disclose information about counter-terrorism plans and activities; reveal intelligence information and techniques; or provide information about on-going criminal investigations.

A number of generic topics (lack of specificity will protect sensitive information) are listed in the agenda portion of the notice. One would be of potential interest to readers of this blog would that they could be flies within the secure walls; cyber-security. According to the agenda in the notice:

“The members will also receive a briefing on recent Cyber-attacks and the potential threat of an electromagnetic pulse attack. Both will include lessons learned and potential vulnerabilities of infrastructure assets, as well as potential methods to improve the Federal response to a cyber or electromagnetic pulse attack.” (76 FR 81517)

One would think that the closed door briefing would not address recent cyber-attacks that have been beat to death in the press and blogosphere. So are there new attacks out there that we don’t know about yet? Or maybe it’s just new information about old attacks? Or maybe they just don’t like airing dirty laundry in public? We’ll probably never know.

HSAC Meeting 02-08-01

DHS published a notice in today’s Federal Register for an upcoming meeting of the Homeland Security Advisory Council (HSAC) meeting on February 8th in Washington, D.C. This will be a mixed meeting with only a portion open to the public.

During the open portion of the meeting new members will be sworn in and the Council will receive information on:

• The “If You See Something, Say Something”TM public awareness campaign;
• Suspicious Activity Reporting programs; and
• DHS Community Resilience Efforts

During the closed portion of the meeting the Council will discuss threats to homeland security and will receive information on:

• Results from Cyber Storm III exercise;
• Information sharing within the Homeland Security Advisory System;• Threats at the southwest border; and
• Joint operations with Mexican law enforcement personnel to address violence and illegal border crossings.

The notice does not specifically discuss whether or not provisions are being made for public presentations during the open portion of the meeting. Such presentations, if allowed would typically need to be registered in advance with HSAC Staff at hsac@dhs.gov or 202-447-3135. Written comments may be submitted via the Federal eRulemaking Portal (www.regulatins.gov; Docket Number DHS 2011-0002).

HSAC Closed Meeting 10-14-10

Today’s Federal Register includes a notice that the Homeland Security Advisory Council will be holding a meeting closed to the public on October 14, 2010 at DHS Headquarters in Washington, DC. The meeting will be closed because of the law enforcement investigative and intelligence information being discussed.

According to the notice the agenda for the meeting will include:

• Sensitive Threat Briefings against the Homeland.
• Governor and Homeland Security Advisors' Transitions.
• Policy and Planning Issues related to the ``If you see something, say something'' campaign.
• Watch List Operational Improvements.
• Lessons Learned from the cyber exercise.

Closed Door Meeting?

Closed door meetings of advisory councils frequently raise questions of accountability. The discussion of on-going law enforcement investigations and classified intelligence information clearly need to be conducted before a limited audience. The first and fourth items on the above agenda clearly fall under those qualifications.

The reasons for keeping the discussion of the other three agenda items out of the public domain are less clear. The last item could certainly be considered sensitive information about current vulnerabilities, but that claim is not made in this notice. The public closure of the two remaining items personally concerns me.

I applaud the Departments early planning for the information sharing responsibilities that they will face in the coming months with new Governors and Homeland Security Advisors as there will be several changes in State leadership due to the upcoming elections. Unless the discussion is going to look at the specific information that will be shared (possible but unlikely at this point) I find it hard to understand why the planning for sharing information would raise security concerns.

‘Watch List Operational Improvements’ are another area that requires a major stretch of imagination to see how security would be affected by a public discussion of the topic. Again, unless specific intelligence is being discussed, any discussion of how the Watch List and associated No Fly List is operated needs to be done in a public manner. There have been too many failures and near failures while isolated kids and grandmothers are labeled as ‘suspected terrorists’.

Finally, I can see no justification for closed door discussions about a very public program like ‘If you see something, say something” particularly when the agenda explains that the discussion will be on ‘Policy and Planning Issues’. If DHS wants public participation in this program (and that’s what the program is all about) then they better be prepared to discuss policy and planning issues in public.

I think that DHS and HSAC need to reconsider making this a two part meeting with separate public and private discussions where the differences are truly appropriate.

BTW: Provisions have been made for the public to submit written comments and information to be considered by the HSAC at this meeting. Submissions must be made by October 8th. Comments can be submitted electronically at www.Regulations.gov (Docket Number DHS-2010-0078)

Homeland Security Advisory Council Meeting – 06-05-09

The Department of Homeland Security announced in today’s Federal Register that the Homeland Security Advisory Council would be holing a meeting on June 5th. The meeting will be held at the UNM Student Union in Albuquerque, NM. The first part of the meeting (10:15 to 12:00) will be open to the public. Public registration to attend must be completed by May 31st. The public meeting agenda includes:

Swearing in the current HSAC; Briefing by Sec. Napolitano on role of HSAC; Update on Southwest Border; and Update on the HSAC’s Quadrennial Review Advisory Committee.

The agenda for the closed portion of the agenda includes:

A threat assessment and intelligence briefing focused on border security; and Informational briefings on the Department's sensitive processes, including law enforcement and transportation security procedures.

HSAC Meeting 01-12-09

Last Tuesday, DHS posted a notice in the Federal Register that the Homeland Security Advisory Committee would be holding a meeting on January 12th, 2009. The meeting will be closed to the public. According to the notice:

“The HSAC will meet for the purpose of receiving briefings and updates from Secretary Chertoff on the current status of the DHS administration transition, a threat assessment and intelligence briefing focused on the transition period, and the upcoming National Special Security Event, the inauguration of President Elect Obama. The Secretary will also brief the members on successes, challenges and vulnerabilities affecting the Department's mission. The briefings will include information on sensitive homeland procedures and the capabilities of the Department of Homeland Security Components.”

Given the nature and timing of the meeting it would not be unexpected for Secretary Designee Napolitano to be present at this meeting as an unofficial guest of Secretary Chertoff.