[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9871-9875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03924]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2015-0049]


Privacy Act; Department of Homeland Security/ALL-038 Insider 
Threat Program System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to establish a new Department of Homeland 
Security system of records titled, ``Department of Homeland Security/
ALL-038 Insider Threat Program system of records.'' This system allows 
the Department of Homeland Security to manage insider threat inquiries, 
investigations, and other activities associated with complaints, 
inquiries, and investigations regarding the unauthorized disclosure of 
classified national security information; identification of potential 
threats to Department of Homeland Security resources and information 
assets; tracking of referrals of potential insider threats to internal 
and external partners; and providing statistical reports and meeting 
other insider threat reporting requirements. Additionally, the 
Department of Homeland Security is issuing a Notice of Proposed 
Rulemaking to exempt this system of records from certain provisions of 
the Privacy Act elsewhere in this Federal Register. This newly 
established system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before March 28, 2016. This new system 
will be effective March 28, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0049 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Karen L. Neuman, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) proposes to establish a new DHS 
system of records titled ``DHS/ALL-038 Insider Threat Program system of 
records.''
    The Department of Homeland Security has created a Department-wide 
system, known as the Insider Threat Program system of records to manage 
insider threat matters within DHS. The Insider Threat Program was 
mandated by E.O. 13587, ``Structural Reforms to Improve the Security of 
Classified Networks and the Responsible Sharing

[[Page 9872]]

and Safeguarding of Classified Information,'' issued October 7, 2011, 
which requires Federal agencies to establish an insider threat 
detection and prevention program to ensure the security of classified 
networks and the responsible sharing and safeguarding of classified 
information with appropriate protections for privacy and civil 
liberties. Insider threats include: Attempted or actual espionage, 
subversion, sabotage, terrorism, or extremist activities directed 
against DHS and its personnel, facilities, resources, and activities; 
unauthorized use of or intrusion into automated information systems; 
unauthorized disclosure of classified, controlled unclassified, 
sensitive, or proprietary information or technology; and indicators of 
potential insider threats. The Insider Threat Program system may 
include information from any DHS Component, office, program, record, or 
source, and includes records from information security, personnel 
security, and systems security for both internal and external security 
threats.
    Consistent with DHS' information sharing mission, information 
stored in the DHS/ALL-038 Insider Threat Program system of records may 
be shared with other DHS components that have a need to know the 
information to carry out their national security, law enforcement, 
immigration, intelligence, or other homeland security functions. In 
addition, DHS may share information with appropriate federal, state, 
local, tribal, territorial, foreign, or international government 
agencies consistent with the routine uses set forth in this system of 
records notice.
    Additionally, DHS is issuing a Notice of Proposed Rulemaking to 
exempt this system of records from certain provisions of the Privacy 
Act elsewhere in this Federal Register. This newly established system 
will be included in DHS' inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which federal government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of DHS/ALL-038 Insider Threat Program 
system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records
    Department of Homeland Security (DHS)/ALL-038 Insider Threat 
Program System of Records

System name:
    DHS/ALL-038 Insider Threat Program.

Security classification:
    Unclassified, sensitive, for official use only, and classified.

System location:
    Records are maintained at several DHS Headquarters and Component 
locations in Washington, DC and field offices.

Categories of individuals covered by the system:
     DHS current or former employees, contractors, or detailees 
who have access or had access to national security information, 
including classified information.
     Other individuals, including Federal, State, local, 
tribal, and territorial government personnel and private-sector 
individuals, who are authorized by DHS to access Departmental 
facilities, communications security equipment, and/or information 
technology systems that process sensitive or classified national 
security information.
     Any other individual with access to national security 
information including classified information, who accesses or attempts 
to access DHS IT systems, DHS national security information, or DHS 
facilities.
     Family members, dependents, relatives, and individuals 
with a personal association to an individual who is the subject of an 
insider threat investigation; and
     Witnesses and other individuals who provide statements or 
information to DHS related to an insider threat inquiry.

Categories of records in the system:
    Categories of Records in the system include:
    Information related to lawful DHS security investigations, 
including authorized physical, personnel, and communications security 
investigations, information systems security analysis and reporting, 
and information derived from Standard Form 86 questionnaires, 
including:
     Individual's name;
     Date and place of birth;
     Social Security number;
     Address;
     Publicly available social media account information;
     Personal and official email addresses;
     Citizenship;
     Personal and official phone numbers;
     Driver's license numbers;
     Vehicle identification numbers;
     License plate numbers;
     Ethnicity and race;
     Work history;
     Educational history;
     Information on family members, dependents, relatives, and 
other personal associations;
     Passport numbers;
     Gender;
     Hair and eye color;
     Biometric data;
     Other physical or distinguishing attributes of an 
individual;
     Medical reports;
     Access control pass, credential number, or other 
identifying number; and
     Photographic images, videotapes, voiceprints, or DVDs;
    Records relating to the management and operation of DHS personnel 
security program, including but not limited to:
     Completed standard form questionnaires issued by the 
Office of Personnel Management;
     Background investigative reports and supporting 
documentation, including criminal background, medical, and financial 
data;
     Other information related to an individual's eligibility 
for access to classified information;
     Criminal history records;
     Polygraph examination results;
     Logs of computer activities on all DHS IT systems or any 
IT systems accessed by DHS personnel with security clearances;
     Nondisclosure agreements;
     Document control registries;
     Courier authorization requests;
     Derivative classification unique identifiers;
     Requests for access to sensitive compartmented information 
(SCI);
     Records reflecting personal and official foreign travel;

[[Page 9873]]

     Facility access records;
     Records of contacts with foreign persons;
     Briefing/debriefing statements for special programs, 
sensitive positions, and other related information and documents 
required in connection with personnel security clearance 
determinations;
    Reports of investigation regarding security violations, including 
but not limited to:
     Individual statements or affidavits and correspondence;
     Incident reports;
     Drug test results;
     Investigative records of a criminal, civil, or 
administrative nature;
     Letters, emails, memoranda, and reports;
     Exhibits, evidence, statements, and affidavits;
     Inquiries relating to suspected security violations; and
     Recommended remedial actions for possible security 
violations;
    Any information related to the management and operation of the DHS 
insider threat program, including but not limited to:
     Documentation pertaining to investigative or analytical 
efforts by DHS insider threat program personnel to identify threats to 
DHS personnel, property, facilities, and information;
     Records collated to examine information technology events 
and other information that could reveal potential insider threat 
activities;
     Travel records;
     Intelligence reports and database query results relating 
to individuals covered by this system;
     Information obtained from the Intelligence Community, the 
Federal Bureau of Investigation (FBI), or from other agencies or 
organizations about individuals known or reasonably suspected of being 
engaged in conduct constituting, preparing for, aiding, or relating to 
an insider threat, including but not limited to espionage or 
unauthorized disclosures of classified national security information;
     Information provided by record subjects and individual 
members of the public; and
     Information provided by individuals who report known or 
suspected insider threats.

Authority for maintenance of the system:
    Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 
108-458; Intelligence Authorization Act for FY 2010, Pub. L. 111-259; 
Atomic Energy Act of 1954, 60 Stat. 755, August 1, 1946; Title 6 U.S.C. 
341(a)(6), Under Secretary for Management; Title 28 U.S.C. 535, 
Investigation of Crimes Involving Government Officers and Employees; 
Limitations; Title 40 U.S.C. 1315, Law enforcement authority of 
Secretary of Homeland Security for protection of public property; Title 
50 U.S.C. 3381, Coordination of Counterintelligence Activities; E.O. 
10450, Security Requirements for Government Employment, April 17, 1953; 
E.O. 12333, United States Intelligence Activities (as amended); E.O. 
12829, National Industrial Security Program; E.O. 12968, Access to 
Classified Information, August 2, 1995; E.O. 13467, Reforming Processes 
Related to Suitability for Government Employment, Fitness for 
Contractor Employees, and Eligibility for Access to Classified National 
Security Information, June 30, 2008; E.O. 13488, Granting Reciprocity 
on Excepted Service and Federal Contractor Employee Fitness and 
Reinvestigating Individuals in Positions of Public Trust, January 16, 
2009; E.O. 13526, Classified National Security Information; E.O. 
13,549, Classified National Security Information Programs for State, 
Local, Tribal, and Private Sector Entities, August 18, 2010; E.O. 
13587, Structural Reforms to Improve the Security of Classified 
Networks and the Responsible Sharing and Safeguarding of Classified 
Information, October 7, 2011; and Presidential Memorandum National 
Insider Threat Policy and Minimum Standards for Executive Branch 
Insider Threat Programs, November 21, 2012.

Purpose(s):
    The purpose of the Insider Threat Program system of records is to 
manage insider threat matters; facilitate insider threat investigations 
and activities associated with counterintelligence and counterespionage 
complaints, inquiries, and investigations; identify threats to DHS 
resources and information assets; track referrals of potential insider 
threats to internal and external partners; and provide statistical 
reports and meet other insider threat reporting requirements.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys, or other federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his or her official 
capacity;
    3. Any employee or former employee of DHS in his or her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration (GSA) pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS' efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on

[[Page 9874]]

disclosure as are applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, territorial, local, 
international, or foreign law enforcement agency or other appropriate 
authority charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order, when a 
record, either on its face or in conjunction with other information, 
indicates a violation or potential violation of law, which includes 
criminal, civil, or regulatory violations and such disclosure is proper 
and consistent with the official duties of the person making the 
disclosure.
    H. To an appropriate Federal, State, local, tribal, territorial, 
foreign, or international agency, if the information is relevant and 
necessary to a requesting agency's decision concerning the hiring or 
retention of an individual, or issuance of a security clearance, 
license, contract, grant, delegation or designation of authority, or 
other benefit, or if the information is relevant and necessary to a DHS 
decision concerning the hiring or retention of an employee, the 
issuance of a security clearance, the reporting of an investigation of 
an employee, the letting of a contract, or the issuance of a license, 
grant, delegation or designation of authority, or other benefit and 
disclosure is appropriate to the proper performance of the official 
duties of the person making the request.
    I. To an individual's prospective or current employer to the extent 
necessary to determine employment eligibility.
    J. To third parties during the course of an investigation to the 
extent necessary to obtain information pertinent to the investigation, 
provided disclosure is appropriate to the proper performance of the 
official duties of the individual making the disclosure.
    K. To a public or professional licensing organization when such 
information indicates, either by itself or in combination with other 
information, a violation or potential violation of professional 
standards, or reflects on the moral, educational, or professional 
qualifications of an individual who is licensed or who is seeking to 
become licensed.
    L. To another federal agency in order to conduct or support 
authorized counterintelligence activities, as defined by 50 U.S.C. 
3003(3).
    M. To any Federal, State, local, tribal, territorial, foreign, or 
multinational government or agency, or appropriate private sector 
individuals and organizations lawfully engaged in national security or 
homeland defense for that entity's official responsibilities, including 
responsibilities to counter, deter, prevent, prepare for, respond to, 
threats to national or homeland security, including an act of terrorism 
or espionage.
    N. To a Federal, State, local, tribal, or territorial government or 
agency lawfully engaged in the collection of intelligence (including 
national intelligence, foreign intelligence, and counterintelligence), 
counterterrorism, homeland security, law enforcement or law enforcement 
intelligence, and other information, when disclosure is undertaken for 
intelligence, counterterrorism, homeland security, or related law 
enforcement purposes, as authorized by U.S. law or E.O.
    O. To any individual, organization, or entity, as appropriate, to 
notify them of a serious threat to homeland security for the purpose of 
guarding them against or responding to such a threat, or when there is 
a reason to believe that the recipient is or could become the target of 
a particular threat, to the extent the information is relevant to the 
protection of life, health, or property.
    P. To members of the U.S. House Committee on Oversight and 
Government Reform and the Senate Homeland Security and Governmental 
Affairs Committee pursuant to a written request under 5 U.S.C. 2954, 
after consultation with the Chief Privacy Officer and the General 
Counsel.
    Q. To individual members the Senate Select Committee on 
Intelligence and the House Permanent Select Committee on Intelligence 
in connection with the exercise of the Committees' oversight and 
legislative functions, when such disclosures are necessary to a lawful 
activity of the United States, after consultation with the Chief 
Privacy Officer and the General Counsel.
    R. To a Federal agency or entity that has information relevant to 
an allegation or investigation regarding an insider threat for purposes 
of obtaining guidance, additional information, or advice from such 
federal agency or entity regarding the handling of an insider threat 
matter, or to a federal agency or entity that was consulted during the 
processing of the allegation or investigation but that did not 
ultimately have relevant information.
    S. To a former DHS employee, DHS contractor, or individual 
sponsored by DHS for a security clearance for purposes of responding to 
an official inquiry by Federal, State, local, tribal, or territorial 
government agencies or professional licensing authorities; or 
facilitating communications with a former employee that may be relevant 
and necessary for personnel-related or other official purposes when DHS 
requires information or consultation assistance from the former 
employee regarding a matter within that person's former area of 
responsibility.
    T. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS' officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    DHS/ALL-038 Insider Threat Program system of records stores records 
in this system electronically or on paper in secure facilities in a 
locked drawer behind a locked door. The records may be stored on 
magnetic disc, tape, and digital media.

Retrievability:
    DHS may retrieve records by first and last name, Social Security 
number, date of birth, phone number, other unique individual 
identifiers, and other types of information by key word search.

Safeguards:
    DHS safeguards records in this system according to applicable rules 
and policies, including all applicable DHS automated systems security 
and access policies. DHS has imposed strict controls to minimize the 
risk of compromising the information that is being stored. Access to 
the computer system containing the records in this system is limited to 
those individuals who have a need to know the information for the 
performance of their official duties and who have appropriate 
clearances or permissions.

Retention and disposal:
    DHS is working with NARA to develop the appropriate retention 
schedule based on the information below. For persons DHS determines to 
be insider threats, information in the Insider Threat Program system of 
records that is related to a particular insider threat is maintained 
for twenty-five years from the date when the

[[Page 9875]]

insider threat was discovered. For persons DHS determines are not 
insider threats, the information will be destroyed three years after 
notification of death, or five years after (1) the individual no longer 
has an active security clearance held by DHS, (2) separation or 
transfer of employment, or (3) the individual's contract relationship 
with DHS expires; whichever is applicable.

System Manager and address:
    Chief, Insider Threat Operations Center (202-447-5010), Office of 
the Chief Security Officer, Department of Homeland Security, 
Washington, DC 20528.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, DHS will consider 
individual requests to determine whether or not information may be 
released. Thus, individuals seeking notification of and access to any 
record contained in this system of records, or seeking to contest its 
content, may submit a request in writing to the Chief Privacy Officer 
whose contact information can be found at http://www.dhs.gov/foia under 
``Contacts.'' If an individual believes more than one component 
maintains Privacy Act records concerning him or her, the individual may 
submit the request to the Chief Privacy Officer and Chief Freedom of 
Information Act Officer, Department of Homeland Security, Washington, 
DC 20528-0655.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act (FOIA) Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records are obtained from Department officials, employees, 
contractors, and other individuals who are associated with or represent 
DHS; officials from other foreign, Federal, tribal, State, and local 
government organizations; non-government, commercial, public, and 
private agencies and organizations; relevant DHS records, databases, 
and files, including personnel security files, facility access records, 
security incidents or violation files, network security records, 
investigatory records, visitor records, travel records, foreign visitor 
or contact reports, and financial disclosure reports; media, including 
periodicals, newspapers, and broadcast transcripts; intelligence source 
documents; publicly available information, including publicly available 
social media; and complainants, informants, suspects, and witnesses.

Exemptions claimed for the system:
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2) 
has exempted this system from the following provisions of the Privacy 
Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3), 
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (e)(12); (f); (g)(1); 
and (h). Additionally, the Secretary of Homeland Security, pursuant to 
5 U.S.C. 552a (k)(1), (k)(2), and (k)(5), has exempted this system from 
the following provisions of the Privacy Act, 5 U.S.C. 552a(c)(3); (d); 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
    When this system receives a record from another system exempted in 
that source system under 5 U.S.C. 552a(j)(2), DHS will claim the same 
exemptions for those records that are claimed for the original primary 
systems of records from which they originated and claims any additional 
exemptions set forth here.

    Dated: February 18, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-03924 Filed 2-25-16; 8:45 am]
 BILLING CODE 9110-9B-P