[Congressional Record Volume 161, Number 162 (Monday, November 2, 2015)]
[House]
[Pages H7351-H7353]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DEPARTMENT OF HOMELAND SECURITY INSIDER THREAT AND MITIGATION ACT OF 
                                  2015

  Mr. KING of New York. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3361) to amend the Homeland Security Act of 2002 to 
establish the Insider Threat Program, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3361

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Homeland 
     Security Insider Threat and Mitigation Act of 2015''.

     SEC. 2. ESTABLISHMENT OF INSIDER THREAT PROGRAM.

       (a) In General.--Title I of the Homeland Security Act of 
     2002 (6 U.S.C. 111 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 104. INSIDER THREAT PROGRAM.

       ``(a) Establishment.--The Secretary shall establish an 
     Insider Threat Program within the Department. Such Program 
     shall--
       ``(1) provide training and education for Department 
     personnel to identify, prevent, mitigate, and respond to 
     insider threat risks to the Department's critical assets;
       ``(2) provide investigative support regarding potential 
     insider threats that may pose a risk to the Department's 
     critical assets; and
       ``(3) conduct risk mitigation activities for insider 
     threats.
       ``(b) Steering Committee.--
       ``(1) In general.--The Secretary shall establish a Steering 
     Committee within the Department. The Under Secretary for 
     Intelligence and Analysis shall serve as the Chair of the 
     Steering Committee. The Chief Security Officer shall serve as 
     the Vice Chair. The Steering Committee shall be comprised of 
     representatives of the Office of Intelligence and Analysis, 
     the Office of the Chief Information Officer, the Office of 
     the General Counsel, the Office for Civil Rights and Civil 
     Liberties, the Privacy Office, the Office of the Chief Human 
     Capital Officer, the Office of the Chief Financial Officer, 
     the Federal Protective Service, the Office of the Chief 
     Procurement Officer, the Science and Technology Directorate, 
     and other components or offices of the Department as 
     appropriate. Such representatives shall meet on a regular 
     basis to discuss cases and issues related to insider threats 
     to the Department's critical assets, in accordance with 
     subsection (a).
       ``(2) Responsibilities.--Not later than one year after the 
     date of the enactment of this section, the Under Secretary 
     for Intelligence and Analysis and the Chief Security Officer, 
     in coordination with the Steering Committee established 
     pursuant to paragraph (1), shall--
       ``(A) develop a holistic strategy for Department-wide 
     efforts to identify, prevent, mitigate, and respond to 
     insider threats to the Department's critical assets;
       ``(B) develop a plan to implement the insider threat 
     measures identified in the strategy developed under 
     subparagraph (A) across the components and offices of the 
     Department;
       ``(C) document insider threat policies and controls;
       ``(D) conduct a baseline risk assessment of insider threats 
     posed to the Department's critical assets;
       ``(E) examine existing programmatic and technology best 
     practices adopted by the Federal Government, industry, and 
     research institutions to implement solutions that are 
     validated and cost-effective;
       ``(F) develop a timeline for deploying workplace monitoring 
     technologies, employee awareness campaigns, and education and 
     training programs related to identifying, preventing, 
     mitigating, and responding to potential insider threats to 
     the Department's critical assets;
       ``(G) require the Chair and Vice Chair of the Steering 
     Committee to consult with the Under Secretary for Science and 
     Technology and other appropriate stakeholders to ensure the 
     Insider Threat Program is informed, on an ongoing basis, by 
     current information regarding threats, beset practices, and 
     available technology; and
       ``(H) develop, collect, and report metrics on the 
     effectiveness of the Department's insider threat mitigation 
     efforts.
       ``(c) Report.--Not later than two years after the date of 
     the enactment of this section and the biennially thereafter 
     for the next four years, the Secretary shall submit to the 
     Committee on Homeland Security and the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Committee on Homeland Security and Governmental Affairs 
     and the Select Committee on Intelligence of the Senate a 
     report on how the Department and its components and offices 
     have implemented the strategy developed under subsection 
     (b)(2)(A), the status of the Department's risk assessment of 
     critical assets, the types of insider threat training 
     conducted, the number of Department employees who have 
     received such training, and information on the effectiveness 
     of the Insider Threat Program, based on metrics under 
     subsection (b)(2)(H).
       ``(d) Definitions.--In this section:
       ``(1) Critical assets.--The term `critical assets' means 
     the people, facilities, information, and technology required 
     for the Department to fulfill its mission.
       ``(2) Insider.--The term `insider' means--
       ``(A) any person who has access to classified national 
     security information and is employed by, detailed to, or 
     assigned to the Department, including members of the Armed 
     Forces, experts or consultants to the Department, industrial 
     or commercial contractors, licensees, certificate holders, or 
     grantees of

[[Page H7352]]

     the Department, including all subcontractors, personal 
     services contractors, or any other category of person who 
     acts for or on behalf of the Department, as determined by the 
     Secretary; or
       ``(B) State, local, tribal, territorial, and private sector 
     personnel who possess security clearances granted by the 
     Department.
       ``(3) Insider threat.--The term `insider threat' means the 
     threat that an insider will use his or her authorized access, 
     wittingly or unwittingly, to do harm to the security of the 
     United States, including damage to the United States through 
     espionage, terrorism, the unauthorized disclosure of 
     classified national security information, or through the loss 
     or degradation of departmental resources or capabilities.''.
       (b) Clerical Amendment.--The table of contents of the 
     Homeland Security Act of 2002 is amended by inserting after 
     the item relating to section 103 the following new item:

``Sec. 104. Insider Threat Program.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. King) and the gentleman from Mississippi (Mr. Thompson) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks and include any extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. KING of New York. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of this legislation. The bill under 
consideration ensures that the Department of Homeland Security has the 
authority and congressional mandate to create a robust Insider Threat 
Program.
  In the Manning and Snowden espionage scandals, two trusted insiders 
abused their access to classified information. When Aaron Alexis 
attacked the Washington Navy Yard, 12 Americans lost their lives. In 
the face of these insider threat scenarios, it is vital that government 
agencies have the tools to detect and disrupt future insider threat 
situations before damage is done. Unfortunately, all three were able to 
conduct their traitorous work undetected because the government had at 
one time vetted and granted them access to secure facilities and 
information systems.
  H.R. 3361 reinforces the message that a security clearance is a 
privilege granted to individuals who have pledged to protect the 
American people from threats domestically and abroad. Had investigators 
more thoroughly scrutinized Edward Snowden's background, they might 
have identified disturbing trends that made him unfit to hold a 
clearance of any kind and a potential insider threat to U.S. national 
security. Had Federal adjudicators had access to criminal history 
records from the Seattle Police Department, they would have been aware 
of Aaron Alexis' arrest in 2004 on firearms charges and potentially 
conducted a more rigorous screening of his background prior to 
authorizing him access to the Washington Navy Yard.
  Trusted insiders, going back to Aldrich Ames and Robert Hanssen, not 
only severely damaged national security, their traitorous actions led 
to the loss of life. In each case, the post-breach review highlighted 
that the previously trusted individual exhibited suspicious behavior, 
but it was not reported due to a lack of understanding by colleagues or 
failures in the reinvestigation process.
  In describing the new type of insider threat represented by Snowden 
and WikiLeaks, Michael Hayden correctly concluded that, ``in this new, 
modern, connected era, the trusted insider who betrays us is far more 
empowered to do damage far greater than these kinds of people were able 
to do in the past. And therefore we have to be even more vigilant.''
  The Department of Homeland Security has over 280,000 employees, 
including tens of thousands with access to classified or sensitive 
information. The Department has an existing Insider Threat Program and 
is moving forward to increase security controls on internal systems, 
but much more remains to be done.
  The bill directs DHS to develop a strategy for the Department to 
identify, prevent, mitigate, and respond to insider threats, and 
requires DHS to ensure that personnel understand what workplace 
behavior may be indicative of a potential insider threat and how their 
activity on DHS networks will be monitored.
  The bill codifies a comprehensive Insider Threat Program at DHS that 
can be implemented throughout the Department and its component agencies 
and, most importantly, reinforces the importance of preventing future 
insider attacks.
  I want to thank Homeland Security Chairman McCaul, Ranking Member 
Thompson, Ranking Member Higgins, and Congressmen Katko, Donovan, and 
Barletta for working with me to bring this bill to the floor. The bill 
went through regular order and received bipartisan support during 
subcommittee and full committee consideration.
  I urge my colleagues to support this bill so we can establish a 
comprehensive, transparent DHS-wide Insider Threat Program that is a 
model for the public and private sectors.
  I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  I rise in support of H.R. 3361, the Department of Homeland Security 
Insider Threat and Mitigation Act of 2015.
  Mr. Speaker, H.R. 3361, the Department of Homeland Security Insider 
Threat and Mitigation Act of 2015, authorizes the Department of 
Homeland Security to address the homeland and national security risk 
posed by trusted insiders.
  Typically, trusted insiders are given unrestricted access to mission-
critical assets such as personnel, facilities, and computer networks. 
While DHS, like other Federal agencies, conducts extensive vetting of 
prospective employees, there remains a risk that someone who gains 
``insider status'' exploits their position to damage the United States 
through espionage, terrorism, or even the unauthorized disclosure of 
sensitive national security information.
  As the ranking member of the Committee on Homeland Security, I am 
supportive of the Department of Homeland Security's current Insider 
Threat Program. It is targeted at preventing and detecting when a 
vetted DHS employee or contractor with authorized access to U.S. 
Government resources, including personnel, facilities, information, 
equipment, networks, and systems, exploits such access for nefarious, 
terroristic, or criminal purposes.
  While I support the DHS program, I could not support this legislation 
when it was considered by the full committee because it did not include 
language to prevent the somewhat broad authority granted under this 
bill for being used by DHS to deploy ``continuous evaluation.'' 
Continuous evaluation is an automated system that constantly monitors 
public and private databases for information regarding the credit, 
criminal, and social media activities of certain individuals. The 
Defense Department has an extensive pilot underway, and I am concerned 
that Federal agencies, with the understandable urge to protect their IT 
systems and facilities, are racing to acquire this capability before 
knowing whether such costly systems are even effective.
  At this time, I would like to engage in a colloquy with the gentleman 
from New York (Mr. King) about some concerns I have with the prospect 
that the Department will use the authority under this act to establish 
a continuous evaluation program.

                              {time}  1615

  Would the gentleman agree that it is important that, prior to 
establishing any such program under which certain DHS employees would 
be subjected to ongoing automated credit, criminal, or social media 
monitoring, the Department engages Congress about not only the 
potential costs and benefits of such a program but what protections 
would be in place for workers subject to such program?
  I yield to the gentleman from New York (Mr. King).
  Mr. KING of New York. I thank the gentleman for yielding.
  Yes, I agree with the gentleman from Mississippi. The implementation 
of the Insider Threat Program, including a possible continuous 
evaluation component, needs congressional oversight and must be 
transparent.

[[Page H7353]]

  I look forward to working with the gentleman from Mississippi on this 
issue as we go forward.
  Mr. THOMPSON of Mississippi. I thank the gentleman.
  Mr. Speaker, we live at a time when the threats to our Nation are 
complex. None of us want to see someone exploit their access to DHS 
networks to carry out cybercrimes or other criminal activity.
  Even as DHS works to detect and prevent such threats, it is important 
that such activities be carried out in a transparent way so as not to 
compound the chronic morale challenges that exist within the workforce.
  Each time DHS considers making an adjustment to its Insider Threat 
Program, thoughtful consideration must be paid to whether the 
operational drawbacks and costs of such an adjustment outweigh the 
benefit of such change.
  That said, I commend General Taylor, the Under Secretary for 
Intelligence and Analysis at DHS, for the attention he has given to the 
insider threat challenge and look forward to continuing to work with 
him to bolster security within the Department.
  I appreciate the gentleman from New York's cooperation and colloquy. 
I look forward to the successful passage and approval of this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. KING of New York. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, let me also at the outset thank the distinguished 
ranking member for his support and his cooperation as this bill has 
gone forward. I am sure the two of us will be able to continue to work 
and cooperate as, again, this will be monitored in the future.
  The Department of Homeland Security and all Federal agencies are 
targeted by adversaries on a daily basis. Some of the most damaging 
attacks to the U.S. Government have been committed by U.S. citizens who 
have been granted access to government facilities and electronic 
networks.
  This bill provides the framework for DHS to implement an Insider 
Threat Program that identifies and disrupts malicious insiders who seek 
to do the Department and its employees harm. It also seeks to protect 
the Department's workforce by conducting a transparent process to 
reinforce cyber hygiene, data security, and awareness of malicious 
activity through a robust training program.
  I want to thank the committee staff, especially John Neal and Tyler 
Lowe.
  I urge my colleagues to vote for H.R. 3361.
  Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland 
Security Committee, I rise in support of H.R. 3361, the ``Department of 
Homeland Security Insider Threat and Mitigation Act.''
  I am in support of this bill because it amends the Homeland Security 
Act of 2002 to direct the Department of Homeland Security (DHS) to 
establish an Insider Threat Program, which shall: provide training and 
education for DHS personnel to identify, prevent, mitigate, and respond 
to insider threat risks to DHS's critical assets; provide investigative 
support regarding such threats; and conduct risk mitigation activities 
for such threats.
  The Department of Homeland Security will establish a Steering 
Committee headed by the Under Secretary for Intelligence and Analysis 
who will serve as the Chair; and the Chief Security Officer of the 
office as the Vice Chair of the Committee.
  The Under Secretary and the Chief Security Officer, in coordination 
with the Steering Committee, shall: develop a holistic strategy for 
DHS-wide efforts to identify, prevent, mitigate, and respond to insider 
threats to DHS's critical assets; develop a plan to implement the 
strategy across DHS components and offices; document insider threat 
policies and controls; conduct a baseline risk assessment of such 
threats; examine existing programmatic and technology best practices 
adopted by the federal government, industry, and research institutions; 
develop a timeline for deploying workplace monitoring technologies, 
employee awareness campaigns, and education and training programs 
related to potential insider threats; consult with the Under Secretary 
for Science and Technology and other stakeholders to ensure that the 
Insider Threat Program is informed by current information regarding 
threats, best practices, and available technology; and develop, 
collect, and report metrics on the effectiveness of DHS's insider 
threat mitigation efforts.
  Threat mitigation is focused on blunting the effectiveness of threats 
posed by terrorists seeking to carry out attacks in the United States.
  This is a core mission of the Department of Homeland Security and 
this bill will support that mission.
  I ask my colleagues to join me in support of this bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. King) that the House suspend the rules and 
pass the bill, H.R. 3361, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________