81 FR 9871 - Privacy Act; Department of Homeland Security/ALL-038 Insider Threat Program System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 38 (February 26, 2016)

Page Range		9871-9875
FR Document		2016-03924

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.

Federal Register, Volume 81 Issue 38 (Friday, February 26, 2016)

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9871-9875]
From the Federal Register Online [www.thefederalregister.org]
[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

Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices 9871

SUMMARY: U.S. Customs and Border Abstract: 19 U.S.C. 1498 provides that national security information;
Protection (CBP) of the Department of when personal and household effects identification of potential threats to
Homeland Security will be submitting enter the United States but do not Department of Homeland Security
the following information collection accompany the owner or importer on resources and information assets;
request to the Office of Management and his/her arrival in the country, a tracking of referrals of potential insider
Budget (OMB) for review and approval declaration is made on CBP Form 3299, threats to internal and external partners;
in accordance with the Paperwork Declaration for Free Entry of and providing statistical reports and
Reduction Act: Declaration for Free Unaccompanied Articles. The meeting other insider threat reporting
Entry of Unaccompanied Articles (Form information on this form is needed to requirements. Additionally, the
3299). CBP is proposing that this support a claim for duty-free entry for Department of Homeland Security is
information collection be extended with these effects. This form is provided for issuing a Notice of Proposed
no change to the burden hours or to the by 19 CFR 148.6, 148.52, 148.53 and Rulemaking to exempt this system of
information collected. This document is 148.77. CBP Form 3299 is accessible at: records from certain provisions of the
published to obtain comments from the http://www.cbp.gov/sites/default/files/ Privacy Act elsewhere in this Federal
public and affected agencies. documents/CBP%20Form%203299.pdf. Register. This newly established system
DATES: Written comments should be Current Actions: This submission is will be included in the Department of
received on or before April 26, 2016 to being made to extend the expiration Homeland Security’s inventory of
be assured of consideration. date with no changes to the burden record systems.
ADDRESSES: Written comments may be hours or to CBP Form 3299. DATES: Submit comments on or before
mailed to U.S. Customs and Border Type of Review: Extension (without March 28, 2016. This new system will
Protection, Attn: Tracey Denning, change). be effective March 28, 2016.
Regulations and Rulings, Office of Affected Public: Businesses and
ADDRESSES: You may submit comments,
International Trade, 90 K Street NE., Individuals.
Estimated Number of Respondents: identified by docket number DHS–
10th Floor, Washington, DC 20229– 2015–0049 by one of the following
1177. 150,000.
Estimated Number of Total Annual methods:
FOR FURTHER INFORMATION CONTACT: Responses: 150,000. • Federal e-Rulemaking Portal: http://
Requests for additional information Estimated Time per Response: 45 www.regulations.gov. Follow the
should be directed to Tracey Denning, minutes. instructions for submitting comments.
U.S. Customs and Border Protection, Estimated Total Annual Burden • Fax: 202–343–4010.
Regulations and Rulings, Office of Hours: 112,500. • Mail: Karen L. Neuman, Chief
International Trade, 90 K Street NE., Privacy Officer, Privacy Office,
Dated: February 22, 2016.
10th Floor, Washington, DC 20229– Department of Homeland Security,
Tracey Denning, Washington, DC 20528–0655.
1177, at 202–325–0265.
Agency Clearance Officer, U.S. Customs and Instructions: All submissions received
SUPPLEMENTARY INFORMATION: CBP
Border Protection. must include the agency name and
invites the general public and other
[FR Doc. 2016–04120 Filed 2–25–16; 8:45 am] docket number for this rulemaking. All
Federal agencies to comment on
proposed and/or continuing information BILLING CODE 9111–14–P comments received will be posted
collections pursuant to the Paperwork without change to http://
Reduction Act of 1995 (Pub. L. 104–13). www.regulations.gov, including any
DEPARTMENT OF HOMELAND personal information provided.
The comments should address: (a) SECURITY
Whether the collection of information is Docket: For access to the docket to
necessary for the proper performance of read background documents or
Office of the Secretary comments received, please visit http://
the functions of the agency, including
whether the information shall have [Docket No. DHS–2015–0049] www.regulations.gov.
practical utility; (b) the accuracy of the FOR FURTHER INFORMATION CONTACT: For
Privacy Act; Department of Homeland general questions, please contact: Karen
agency’s estimates of the burden of the
Security/ALL–038 Insider Threat L. Neuman, (202) 343–1717, Chief
collection of information; (c) ways to
Program System of Records Privacy Officer, Privacy Office,
enhance the quality, utility, and clarity
of the information to be collected; (d) AGENCY: Privacy Office, Department of Department of Homeland Security,
ways to minimize the burden including Homeland Security. Washington, DC 20528–0655.
the use of automated collection ACTION: Notice of Privacy Act system of SUPPLEMENTARY INFORMATION:
techniques or the use of other forms of records. I. Background
information technology; and (e) the
annual cost burden to respondents or SUMMARY: In accordance with the In accordance with the Privacy Act of
record keepers from the collection of Privacy Act of 1974, the Department of 1974, 5 U.S.C. 552a, the Department of
information (total capital/startup costs Homeland Security proposes to Homeland Security (DHS) proposes to
and operations and maintenance costs). establish a new Department of establish a new DHS system of records
The comments that are submitted will Homeland Security system of records titled ‘‘DHS/ALL–038 Insider Threat
be summarized and included in the CBP titled, ‘‘Department of Homeland Program system of records.’’
request for OMB approval. All Security/ALL–038 Insider Threat The Department of Homeland
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comments will become a matter of Program system of records.’’ This Security has created a Department-wide
public record. In this document, CBP is system allows the Department of system, known as the Insider Threat
soliciting comments concerning the Homeland Security to manage insider Program system of records to manage
following information collection: threat inquiries, investigations, and insider threat matters within DHS. The
Title: Declaration for Free Entry of other activities associated with Insider Threat Program was mandated
Unaccompanied Articles. complaints, inquiries, and by E.O. 13587, ‘‘Structural Reforms to
OMB Number: 1651–0014. investigations regarding the Improve the Security of Classified
Form Number: Form 3299. unauthorized disclosure of classified Networks and the Responsible Sharing

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Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices 9873

• Facility access records; U.S.C. 535, Investigation of Crimes or other federal agency conducting
• Records of contacts with foreign Involving Government Officers and litigation or in proceedings before any
persons; Employees; Limitations; Title 40 U.S.C. court, adjudicative, or administrative
• Briefing/debriefing statements for 1315, Law enforcement authority of body, when it is relevant or necessary to
special programs, sensitive positions, Secretary of Homeland Security for the litigation and one of the following
and other related information and protection of public property; Title 50 is a party to the litigation or has an
documents required in connection with U.S.C. 3381, Coordination of interest in such litigation:
personnel security clearance Counterintelligence Activities; E.O. 1. DHS or any component thereof;
determinations; 10450, Security Requirements for 2. Any employee or former employee
Reports of investigation regarding Government Employment, April 17, of DHS in his or her official capacity;
security violations, including but not 1953; E.O. 12333, United States 3. Any employee or former employee
limited to: Intelligence Activities (as amended); of DHS in his or her individual capacity
• Individual statements or affidavits E.O. 12829, National Industrial Security when DOJ or DHS has agreed to
and correspondence; Program; E.O. 12968, Access to represent the employee; or
• Incident reports; Classified Information, August 2, 1995; 4. The United States or any agency
• Drug test results; E.O. 13467, Reforming Processes thereof.
• Investigative records of a criminal, Related to Suitability for Government B. To a congressional office from the
civil, or administrative nature; Employment, Fitness for Contractor record of an individual in response to
• Letters, emails, memoranda, and Employees, and Eligibility for Access to an inquiry from that congressional office
reports; Classified National Security made at the request of the individual to
• Exhibits, evidence, statements, and Information, June 30, 2008; E.O. 13488, whom the record pertains.
affidavits; Granting Reciprocity on Excepted C. To the National Archives and
• Inquiries relating to suspected Service and Federal Contractor Records Administration (NARA) or
security violations; and Employee Fitness and Reinvestigating General Services Administration (GSA)
• Recommended remedial actions for Individuals in Positions of Public Trust, pursuant to records management
possible security violations; January 16, 2009; E.O. 13526, Classified inspections being conducted under the
Any information related to the National Security Information; E.O. authority of 44 U.S.C. 2904 and 2906.
management and operation of the DHS 13,549, Classified National Security D. To an agency or organization for
insider threat program, including but Information Programs for State, Local, the purpose of performing audit or
not limited to: Tribal, and Private Sector Entities, oversight operations as authorized by
• Documentation pertaining to August 18, 2010; E.O. 13587, Structural law, but only such information as is
investigative or analytical efforts by Reforms to Improve the Security of necessary and relevant to such audit or
DHS insider threat program personnel to Classified Networks and the oversight function.
identify threats to DHS personnel, Responsible Sharing and Safeguarding E. To appropriate agencies, entities,
property, facilities, and information; of Classified Information, October 7,
• Records collated to examine and persons when:
2011; and Presidential Memorandum 1. DHS suspects or has confirmed that
information technology events and other National Insider Threat Policy and
information that could reveal potential the security or confidentiality of
Minimum Standards for Executive information in the system of records has
insider threat activities; Branch Insider Threat Programs,
• Travel records; been compromised;
November 21, 2012. 2. DHS has determined that as a result
• Intelligence reports and database
query results relating to individuals PURPOSE(S):
of the suspected or confirmed
covered by this system; compromise, there is a risk of identity
The purpose of the Insider Threat
• Information obtained from the theft or fraud, harm to economic or
Program system of records is to manage
Intelligence Community, the Federal property interests, harm to an
insider threat matters; facilitate insider
Bureau of Investigation (FBI), or from individual, or harm to the security or
threat investigations and activities
other agencies or organizations about integrity of this system or other systems
associated with counterintelligence and
individuals known or reasonably or programs (whether maintained by
counterespionage complaints, inquiries,
suspected of being engaged in conduct DHS or another agency or entity) that
and investigations; identify threats to
constituting, preparing for, aiding, or rely upon the compromised
DHS resources and information assets;
relating to an insider threat, including information; and
track referrals of potential insider
but not limited to espionage or 3. The disclosure made to such
threats to internal and external partners;
unauthorized disclosures of classified agencies, entities, and persons is
and provide statistical reports and meet
national security information; reasonably necessary to assist in
other insider threat reporting
• Information provided by record connection with DHS’ efforts to respond
requirements.
subjects and individual members of the to the suspected or confirmed
public; and ROUTINE USES OF RECORDS MAINTAINED IN THE compromise and prevent, minimize, or
• Information provided by SYSTEM, INCLUDING CATEGORIES OF USERS AND remedy such harm.
THE PURPOSES OF SUCH USES: F. To contractors and their agents,
individuals who report known or
suspected insider threats. In addition to those disclosures grantees, experts, consultants, and
generally permitted under 5 U.S.C. others performing or working on a
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
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552a(b) of the Privacy Act, all or a contract, service, grant, cooperative
Intelligence Reform and Terrorism portion of the records or information agreement, or other assignment for DHS,
Prevention Act of 2004, Pub. L. 108– contained in this system may be when necessary to accomplish an
458; Intelligence Authorization Act for disclosed outside DHS as a routine use agency function related to this system of
FY 2010, Pub. L. 111–259; Atomic pursuant to 5 U.S.C. 552a(b)(3) as records. Individuals provided
Energy Act of 1954, 60 Stat. 755, August follows: information under this routine use are
1, 1946; Title 6 U.S.C. 341(a)(6), Under A. To the Department of Justice (DOJ), subject to the same Privacy Act
Secretary for Management; Title 28 including Offices of the U.S. Attorneys, requirements and limitations on

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Document Created: 2018-02-02 14:37:09
Document Modified: 2018-02-02 14:37:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Privacy Act system of records.
Dates		Submit comments on or before March 28, 2016. This new system will be effective March 28, 2016.
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.
FR Citation		81 FR 9871

81 FR 9871 - Privacy Act; Department of Homeland Security/ALL-038 Insider Threat Program System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 81, Issue 38 (February 26, 2016)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary