Privacy Act of 1974; System of Records, 31614-31618 [2016-11703]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Notices]
[Pages 31614-31618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11703]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2016-OS-0060]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to add a New System of Records.

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SUMMARY: The Office of the Secretary of Defense proposes to establish a 
new system of records, DUSDI 01-DoD, entitled the ``Department of 
Defense (DoD) Insider Threat Management and Analysis Center (DITMAC) 
and DoD Component Insider Threat Records System.'' This system has been 
established to enable DoD to implement the requirements of Executive 
Order 13587, Structural Reforms to Improve the Security of Classified 
Networks and the Responsible Sharing and Safeguarding of Classified 
Information (October 7, 2011), and the National Insider Threat Policy 
and Minimum Standards for Executive Branch Insider Threat Programs 
(November 21, 2012). For purposes of this system of records, the term 
``insider threat'' is defined in the Minimum Standards for Executive 
Branch Insider Threat Programs which were issued by the National 
Insider Threat Task Force based on directions provided in Section 
6.3(b) of Executive Order 13587. The system will be used to analyze, 
monitor, and audit insider threat information for insider threat 
detection and mitigation within DoD on threats that insiders may pose 
to DoD and U.S. Government installations, facilities, personnel, 
missions, or resources. The system will support the DITMAC and DoD 
Component insider threat programs, enable the identification of 
systemic insider threat issues and challenges, provide a basis for the 
development and recommendation of solutions to mitigate potential 
insider threats, and assist in identifying best practices amongst other 
Federal Government insider threat programs.

DATES: Comments will be accepted on or before June 20, 2016. This 
proposed action will be effective the day following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments, identified by docket number and title, by any of the 
following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at https://www.regulations.gov as they are

[[Page 31615]]

received without change, including any personal identifiers or contact 
information.

FOR FURTHER INFORMATION CONTACT: Cindy Allard, Director of the Defense 
Privacy, Civil Liberties, and Transparency Division, 703-571-0070.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
notices for systems of records subject to the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, have been published in the Federal Register 
and are available from the address in FOR FURTHER INFORMATION CONTACT 
or at https://dpcld.defense.gov/.The proposed system report, as 
required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, 
was submitted on April 29, 2016, to the House Committee on Oversight 
and Government Reform, the Senate Committee on Governmental Affairs, 
and the Office of Management and Budget (OMB) pursuant to paragraph 4c 
of Appendix I to OMB Circular No. A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' dated 
February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: May 13, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DUSDI 01-DoD

System name:
    Department of Defense (DoD) Insider Threat Management and Analysis 
Center (DITMAC) and DoD Component Insider Threat Records System

System location:
    Primary location: Defense Security Service (DSS), 27130 Telegraph 
Rd., Quantico VA 22134-2253.

Secondary and Decentralized locations:
    Each of the DoD Components including the Departments of the Army, 
Air Force, and Navy and staffs, field operating agencies, major 
commands, installations, and activities. Official mailing addresses are 
published with each Component's compilation of systems of records 
notices.

Categories of individuals covered by the system:
    Individuals covered by the system are those who had or have been 
granted eligibility for access to classified information or eligibility 
to hold a sensitive position, and who have exhibited actual, probable, 
or possible indications of insider threat behaviors or activities. 
These individuals include active and reserve component (including 
National Guard) military personnel, civilian employees (including non-
appropriated fund employees), and DoD contractor personnel; this 
includes officials or employees from Federal, state, Local, Tribal and 
Private Sector entities affiliated with or working with DoD who have 
been granted access to classified information by DoD based on an 
eligibility determination made by DoD or by another Federal agency 
authorized to do so.
    Individuals or persons embedded with DoD units operating abroad who 
had or have been granted eligibility for access to classified 
information or eligibility to hold a sensitive positions, and who have 
exhibited actual, probable, or possible indications of insider threat 
behaviors or activities.
    Current members of the U.S. Coast Guard and mobilized retired 
military personnel, when activated, who had or have been granted 
eligibility for access to classified information or eligibility to hold 
a sensitive positions by DoD and when operating with the military 
services or DoD Components, and Limited Access Authorization grantees, 
who have exhibited actual, probable, or possible indications of insider 
threat behaviors or activities.

Categories of records in the system:
    Records containing information can be derived from:
    Responses to information requested by official questionnaires 
(e.g., SF 86 Questionnaire for National Security Positions) that 
include: Full name, former names and aliases; date and place of birth; 
social security number (SSN); height and weight; hair and eye color; 
gender; ethnicity and race; biometric data; mother's maiden name; DoD 
identification number; current and former home and work addresses, 
phone numbers, and email addresses; employment history; military record 
information; selective service registration record; residential 
history; education history and degrees earned; names of associates and 
references with their contact information; citizenship information; 
passport information; driver's license information; identifying numbers 
from access control passes or identification cards; criminal history; 
civil court actions; prior personnel security eligibility, 
investigative, and adjudicative information, including information 
collected through continuous evaluation; mental health history; records 
related to drug and/or alcohol use; financial record information; 
credit reports; the name, date and place of birth, social security 
number, and citizenship information for spouse or cohabitant; the name 
and marriage information for current and former spouse(s); the 
citizenship, name, date and place of birth, and address for relatives;
    Information on foreign contacts and activities; association 
records; information on loyalty to the United States; and other agency 
reports furnished to DoD or collected by DoD in connection with 
personnel security investigations, continuous evaluation for 
eligibility for access to classified information, and insider threat 
detection programs operated by DoD Components pursuant to Federal laws 
and Executive Orders and DoD regulations. These records can include, 
but are not limited to: Reports of personnel security investigations 
completed by investigative service providers (such as the Office of 
Personnel Management);
    Polygraph examination reports; nondisclosure agreements; document 
control registries; courier authorization requests; derivative 
classification unique identifiers; requests for access to sensitive 
compartmented information (SCI); facility access records; security 
violation files; travel records; foreign contact reports; briefing and 
debriefing statements for special programs, positions designated as 
sensitive, other information and documents required in connection with 
personnel security adjudications; and financial disclosure filings

DoD Component information, summaries or reports, and full reports, 
about potential insider threats from:
    a. Payroll information, travel vouchers, benefits information, 
credit reports, equal employment opportunity complaints, performance 
evaluations, disciplinary files, training records, substance abuse and 
mental health records of individuals undergoing law enforcement action 
or presenting an identifiable imminent threat, counseling statements, 
outside work and activities requests, and personal contact records.
    b. particularly sensitive or protected information, including 
information held by special access programs, law enforcement, inspector 
general, or other investigative sources or programs. Access to such 
information may require additional approval by the senior DoD official 
who is responsible for managing and overseeing the program.
    c. reports of investigation regarding security violations, 
including but not limited to: statements, declarations, affidavits and 
correspondence; incident reports; investigative records of a criminal, 
civil or administrative nature; letters, emails, memoranda, and 
reports; exhibits and evidence; and,

[[Page 31616]]

recommended remedial or corrective actions for security violations;
    DoD Component information, summaries of reports, and full reports, 
about potential insider threats regarding: Personnel user names and 
aliases, levels of network access, audit data, information regarding 
misuse of a DoD device, information regarding unauthorized use of 
removable media, and logs of printer, copier, and facsimile machine 
use.
    Information collected through user activity monitoring, which is 
the technical capability to observe and record the actions and 
activities of all users, at any time, on a computer network controlled 
by DoD or a component thereof in order to deter, detect, and/or 
mitigate insider threats as well as to support authorized 
investigations. Such information may include key strokes, screen 
captures, and content transmitted via email, chat, or data import or 
export.
    DoD Component summaries of reports, and full reports, about 
potential insider threats from records of usage of government telephone 
systems, including the telephone number initiating the call, the 
telephone number receiving the call, and the date and time of the call.
    DoD Component information, summaries of reports, and full reports, 
about potential insider threats obtained from other Federal Government 
sources, such as information regarding U.S. border crossings and 
financial information obtained from the Financial Crimes Enforcement 
Network.
    Information related to the management and operation of DoD 
Component insider threat programs, including but not limited to: 
Information related to investigative or analytical efforts by DoD 
insider threat program personnel to identify threats to DoD personnel, 
property, facilities, and information; information obtained from 
Intelligence Community members, the Federal Bureau of Investigation, or 
from other agencies or organizations about individuals known or 
suspected of being engaged in conduct constituting, preparing for, 
aiding, or relating to an insider threat, including but not limited to 
espionage or unauthorized disclosure of classified national security 
information.
    Publicly available information, such as information regarding: 
Arrests and detentions; real property; bankruptcy; liens or holds on 
property; vehicles; licensure (including professional and pilot's 
licenses, firearms and explosive permits); business licenses and 
filings; and from social media.

Authority for maintenance of the system:
    10 U.S.C. 137, Under Secretary of Defense for Intelligence; 44 
U.S.C. 3554, Federal agency responsibilities; 44 U.S.C. 3557, National 
security systems; Public Law 112-81, Section 922, National Defense 
Authorization Act for Fiscal Year 2012 (NDAA for FY12), Insider Threat 
Detection (10 U.S.C. 2224 note); Public Law 113-66, Section 
907(c)(4)(H), (NDAA for FY14), Personnel security (10 U.S.C. 1564 
note); Public Law 114-92, Section 1086 (NDAA for FY16), Reform and 
improvement of personnel security, insider threat detection and 
prevention, and physical security (10 U.S.C. 1564 note); E.O. 12829, as 
amended, National Industrial Security Program; E.O. 12968, as amended, 
Access to Classified Information; 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. 9397, as amended, Numbering 
System for Federal Accounts Relating to Individual Persons; E.O. 13587, 
Structural Reforms to Improve the Security of Classified Networks and 
the Responsible Sharing and Safeguarding of Classified Information; 
National Insider Threat Policy and Minimum Standards for Executive 
Branch Insider Threat Programs; and DoD Directive (DoDD) 5205.16, The 
DoD Insider Threat Program.

Purpose(s):
    The Department of Defense proposes to establish a new system of 
records to assist in the management of the DITMAC Program and DoD 
Component insider threat programs. The DITMAC was established by the 
Undersecretary of Defense for Intelligence in order to consolidate and 
analyze insider threat information reported by the DoD Component 
insider threat programs mandated by Presidential Executive Order 13587, 
issued October 7, 2011, which required 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 consistent with appropriate protections for 
privacy and civil liberties. The DITMAC helps prevent, deter, detect, 
and/or mitigate the potential threat that personnel, including DoD 
military personnel, civilian employees, and contractor personnel, who 
have or had been granted eligibility for access to classified 
information or eligibility to hold a sensitive position may harm the 
security of the United States. This threat can include damage to the 
United States through espionage, terrorism, unauthorized disclosure of 
national security information, or through the loss or degradation of 
departmental resources or capabilities. The system will be used to 
analyze, monitor, and audit insider threat information for insider 
threat detection and mitigation within DoD on threats that persons who 
have or had been granted eligibility for access to classified 
information or eligibility to hold a sensitive position may pose to DoD 
and U.S. Government installations, facilities, personnel, missions, or 
resources. The system will support DoD Component insider threat 
programs, enable the identification of systemic insider threat issues 
and challenges, provide a basis for the development and recommendation 
of solutions to deter, detect, and/or mitigate potential insider 
threats. It will assist in identifying best practices among other 
Federal Government insider threat programs, through the use of existing 
DoD resources and functions and by leveraging existing authorities, 
policies, programs, systems, and architectures.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to disclosures permitted under 5 U.S.C. 552a(b) of the 
Privacy Act of 1974, as amended, these records may be disclosed outside 
DoD as a routine use pursuant to 5 U.S.C. 552(b)(3) as follows:
    Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law, 
whether civil, criminal, or regulatory in nature, and whether arising 
by general statute or by regulation, rule, or order issued pursuant 
thereto, the relevant records in the system of records may be referred, 
as a routine use, to the agency concerned, whether Federal, state, 
local, tribal, territorial, or foreign, charged with the responsibility 
of investigating or prosecuting such violation or charged with 
enforcing or implementing the statute, rule, regulation, or order 
issued pursuant thereto.
    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 DoD 
decision concerning the hiring or retention of an

[[Page 31617]]

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.
    To the Department of Justice for the purpose of representing the 
Department of Defense, or any officer, employee or member of the 
Department in pending or potential litigation to which the record is 
pertinent.
    A record consisting of, or relating to, terrorism information, 
homeland security information, counterintelligence, or law enforcement 
information may be disclosed to a Federal, state, local, tribal, 
territorial, foreign government, multinational agency, and to a private 
sector agent either in response to its request or upon the initiative 
of the DoD Component, for purposes of sharing such information as is 
necessary and relevant to the agency's investigations and inquiries 
related to the detection, prevention, disruption, preemption, and 
mitigation of the effects of terrorist activities against the 
territory, people, and interests of the United States of America as 
contemplated by the Intelligence Reform and Terrorism Protection Act of 
2004.
    To any person, organization, or governmental entity in order to 
notify them of a serious terrorist threat for the purpose of guarding 
against or responding to such a threat.
    To complainants and/or victims to the extent necessary to provide 
such persons with information and explanations concerning the progress 
and/or results of the investigation or case arising from the matters of 
which they complained and/or of which they were a victim.
    To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to the DoD DITMAC 
system of records.
    To Federal, state, local, territorial, tribal, foreign, or 
international licensing agencies or associations that require 
information concerning the suitability or eligibility of an individual 
for a license.
    To a Congressional office from the record of an individual in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    To the National Archives and Records Administration for the purpose 
of records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    To appropriate agencies, entities, and persons when (1) the 
Component suspects or has confirmed that the security or 
confidentiality of the information in the system of records has been 
compromised; (2) the Component has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Component 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 the Component's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    To foreign law enforcement, security, investigatory, or 
administrative authorities to comply with requirements imposed by, or 
to claim rights conferred in, international agreements and 
arrangements, including those regulating the stationing and status in 
foreign countries of DoD military and civilian personnel.
    To any agency, organization, or individual for the purposes of 
performing audit or oversight of the DoD DITMAC as authorized by law 
and as necessary and relevant to such audit or oversight functions.
    To such recipients and under such circumstances and procedures as 
are mandated by Federal statute or treaty.
    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.
    To a Federal agency or entity that may have information relevant to 
an allegation or investigation or was consulted 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.
    To a court or adjudicative body in a proceeding when: (a) The 
agency or any component thereof; or (b) any employee of the agency in 
his or her official capacity; or (c) any employee of the agency in his 
or her individual capacity where the Department of Justice has agreed 
to represent the employee; or (d) the United States Government is a 
party to litigation or has interest in such litigation, and by careful 
review, the agency determines that the records are both relevant and 
necessary to the litigation and the use of such records is therefore 
deemed by the agency to be for a purpose that is compatible with the 
purpose for which the agency collected the records.
    To the news media or the general public, factual information the 
disclosure of which would be in the public interest and which would not 
constitute an unwarranted invasion of personal privacy.
    To a Federal, state, or local agency, or other appropriate entities 
or individuals, or through established liaison channels to selected 
foreign governments, in order to enable an intelligence agency to carry 
out its responsibilities under the National Security Act of 1947 as 
amended, the CIA act of 1949 as emended, Executive Order 12333 or any 
successor order, applicable national security directives, or classified 
implementing procedures approved by the Attorney General and 
promulgated pursuant to such statutes, orders or directives.

Storage:
    Paper and electronic storage media.

Retrievability:
    Information in this system may be retrieved by name, SSN, and/or 
DoD identification number.

Safeguards:
    IT systems are protected by military personnel, civilian employee, 
or contract security personnel guards. Physical access to rooms is 
controlled by combination lock and by identification badges that are 
issued only to authorized individuals. Electronic authorization and 
authentication of users is required at all points before any system 
information can be accessed. All data transfers and information 
retrievals that use remote communication facilities are required to be 
encrypted. Paper records are contained and stored in safes and filing 
cabinets that are located in a secure area with access only by 
authorized personnel.

Retention and disposal:
    Disposition pending (until the National Archives and Records 
Administration (NARA) disposition schedule is approved, treat as 
permanent).

System manager(s) and address:
    Department of Defense Insider Threat Management and Analysis 
Center, Assistant Director, Enterprise Tools and Architecture, Defense 
Security Service, 27130 Telegraph Road, Quantico, VA 22134-2253.

[[Page 31618]]

    DoD Components including the Departments of the Army, Air Force, 
and Navy and staffs, field operating agencies, major commands, 
installations, and activities. Official mailing addresses are published 
as an appendix to each Service's compilation of systems of records 
notices.

Notification procedures:
    Individuals seeking to determine whether information about 
themselves is contained in the DITMAC system of records should address 
written inquires to the Defense Security Service, Office of FOIA and 
PA, 27130 Telegraph Road, Quantico, VA 22134-2253.
    Individuals seeking to determine whether information about 
themselves is contained in any specific DoD Component's insider threat 
program system of records should address written inquiries to the 
official mailing address for that Component, which is published with 
each Component's compilation of systems of records notices.

DoD Component addresses are also listed at: https://dpcld.defense.gov/Privacy/PrivacyContacts.aspx.
    Signed, written requests must contain the full name (and any alias 
and/or alternate names used), SSN, and date and place of birth.

Record Access Procedures:
    Individuals seeking information about themselves contained in the 
DITMAC system of record should address written inquires to the Defense 
Security Service, Office of FOIA and PA, 27130 Telegraph Road, 
Quantico, VA 22134-2253.
    Individuals seeking information about themselves contained in any 
specific DoD Component's insider threat program system of records 
should address written inquiries to the official mailing address for 
that Component, which is published with each Component's compilation of 
systems of records notices.

DoD Component addresses are also listed at: https://dpcld.defense.gov/Privacy/PrivacyContacts.aspx.
    Individuals should provide their full name (and any alias and/or 
alternate name), SSN, and date and place of birth, and the address 
where the records are to be returned.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:

If executed outside of the United States:
    `I declare (or certify, verify, or state) under penalty of perjury 
under the laws of the United States of America that the foregoing is 
true and correct. Executed on (date). (Signature).'

If executed within the United States, its territories, possessions, or 
commonwealths:
    `I declare (or certify, verify, or state) under penalty of perjury 
that the foregoing is true and correct. Executed on (date). 
(Signature). '
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf.

Contesting Record Procedures:
    The DoD rules for accessing records and for contesting or appealing 
agency determinations are published in DoD Regulation 5400.11; 32 CFR 
310; or may be obtained from the Defense Privacy, Civil Liberties, and 
Transparency Division, 4800 Mark Center Drive; ATTN: DPCLTD, Mailbox 
#24; Alexandria, VA 22350-1700.

Record source categories:
    Information in the system is received from DoD Components and 
program offices throughout DoD and DoD contractor databases, external 
sources, including counterintelligence and security databases and 
files; personnel security databases and files; DoD Component human 
resources databases and files; Office of the Chief Information Officer 
and information assurance databases and files; information collected 
through user activity monitoring; DoD telephone usage records; Federal, 
state, tribal, territorial, and local law enforcement and investigatory 
records; Inspector General records; available U.S. Government 
intelligence and counterintelligence reporting information and analytic 
products pertaining to adversarial threats; other Federal agencies; and 
publicly available information.

Exemptions claimed for the system:
    The Department of Defense is exempting records maintained in DUSDI 
01-DoD, the ``Department of Defense (DoD) Insider Threat Management and 
Analysis Center (DITMAC) and DoD Component Insider Threat Records 
System,'' from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); 
(e)(1), (2), (3), (4)(G), (H), and (I), (5), and (8); (f); and (g) of 
the Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and (k)(1), (2), (4), 
(5), (6), (7). In addition, exempt records received from other systems 
of records in the course of DITMAC or Component record checks may, in 
turn, become part of the case records in this system. When records are 
exempt from disclosure in systems of records for record sources 
accessed by this system, DoD also claims the same exemptions for any 
copies of such records received by and stored in this system.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 310. For additional information 
contact the system manager.

[FR Doc. 2016-11703 Filed 5-18-16; 8:45 am]
 BILLING CODE 5001-06-P