Privacy Act of 1974; System of Records, 12345-12350 [2018-05699]

Download as PDF Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices The meeting will be held in the Air University Commander’s Conference Room located in Building 800 at Maxwell Air Force Base, AL. ADDRESSES: Dr. Shawn O’Mailia, Designated Federal Officer, Air University Headquarters, 55 LeMay Plaza South, Maxwell Air Force Base, Alabama 36112–6335, telephone (334) 953–4547. FOR FURTHER INFORMATION CONTACT: Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102–3.150, the Department of Defense announces that the Air University Board of Visitors’ spring meeting. The agenda will include topics relating to the policies, programs, and initiatives of Air University educational programs and will include an out brief from the Air Force Institute of Technology and Community College of the Air Force Subcommittees. Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102–3.155 all sessions of the Air University Board of Visitors’ meetings’ will be open to the public. Any member of the public wishing to provide input to the Air University Board of Visitors’ should submit a written statement in accordance with 41 CFR 102–3.140(c) and section 10(a)(3) of the Federal Advisory Committee Act and the procedures described in this paragraph. Written statements can be submitted to the Designated Federal Officer at the address detailed below at any time. Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed below at least ten calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the Air University Board of Visitors until its next meeting. The Designated Federal Officer will review all timely submissions with the Air University Board of Visitors’ Board Chairperson and ensure they are provided to members of the Board before the meeting that is the subject of this notice. Any member of the public wishing to attend this meeting should contact the Designated Federal Officer listed below at least ten calendar days sradovich on DSK3GMQ082PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 prior to the meeting for information on base entry procedures. Henry Williams, Acting Air Force Federal Register Liaison Officer. [FR Doc. 2018–05723 Filed 3–20–18; 8:45 am] BILLING CODE 5001–10–P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DOD–2018–OS–0012] Privacy Act of 1974; System of Records Office of the Secretary of Defense, DoD. ACTION: Notice of a modified system of records. AGENCY: The Office of the Secretary of Defense proposes to modify a 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 enables DoD to implement the requirements of an Executive Order published on October 7, 2011, and the National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs published on November 21, 2012. The system is 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 supports the DITMAC and DoD Component insider threat programs, enables the identification of systemic insider threat issues and challenges, provides a basis for the development and recommendation of solutions to mitigate potential insider threats, and assists in identifying best practices amongst other Federal Government insider threat programs. DATES: Comments will be accepted on or before April 20, 2018. This proposed action will be effective the date following the end of the comment period unless comments are received which result in a contrary determination. SUMMARY: You may submit 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. ADDRESSES: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 12345 * Mail: Department of Defense, Office of the Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Suite 08D09B, 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 received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Dr. Brad Millick, Director, DoD Insider Threat Program, Office of the Under Secretary of Defense for Intelligence, 5000 Defense Pentagon, Washington, DC 20301–5000 or by phone at (703) 692– 3721. SUPPLEMENTARY INFORMATION: E.O. 13587 directs the implementation of a Department-wide insider threat detection and prevention program. The DoD Insider Threat Program is decentralized to enable DoD component insider threat programs and the DITMAC to analyze, monitor, and audit threat information for insider threat detection and mitigation within DoD. The Program deters insider activity that endangers DoD and U.S. Government installations, facilities, personnel, missions, or resources. Section 951 of the National Defense Authorization Act for Fiscal Year 2017 (NDAA for FY17) expanded the definition of an insider threat to anyone who has, or once had, authorized access to information, a facility, a network, a person, or a resource of the Department. In keeping with this expansion, the Department is taking a measured approach and expanding the ability of its Component insider threat programs and the DITMAC to store inside threat related information on those personnel with a DoD Common Access Card (CAC). This expansion strengthens the intent of E.O. 13587 and maintains a responsive posture to the NDAA for FY17. This modification to the system of records enables the Department to comply with E.O. 13587 by expanding the population to include personnel who have been issued an active DoD CAC to authenticate physical access to DoD installations or logical access to DoD controlled information systems. This revision leverages existing federal laws, statutes, authorities, policies, programs, systems, E:\FR\FM\21MRN1.SGM 21MRN1 12346 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices architectures and resources in order to counter the threat of those insiders who may use their authorized access to compromise or degrade the operations of the Department. The Department and its insider threat programs employ risk management principles, tailored to meet the distinct needs, mission, and systems of its agencies, and include appropriate protections for privacy, civil rights, and civil liberties. The change captures this large community of persons in a phased and reasonable manner, by enabling the DoD population to include those with CACs in addition to those who have or are granted eligibility for access to classified information or eligibility to hold a sensitive position The Office of the Secretary of Defense notices for systems of records subject to the Privacy Act of 1974, as amended, have been published in the Federal Register and are available from the address in FOR FURTHER INFORMATION CONTACT or at the Defense Privacy, Civil Liberties, and Transparency Division website at https://dpcld.defense.gov/. The proposed systems reports, as required by of the Privacy Act, as amended, were submitted on November 17, 2017, to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to Section 6 to OMB Circular No. A–108, ‘‘Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act,’’ revised December 23, 2016 (December 23, 2016, 81 FR 94424). Dated: March 16, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. SYSTEM NAME AND NUMBER Department of Defense (DoD) Insider Threat Management and Analysis Center (DITMAC) and DoD Component Insider Threat Records System, DUSDI 01-DoD. SECURITY CLASSIFICATION: Unclassified. sradovich on DSK3GMQ082PROD with NOTICES 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. VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 SYSTEM MANAGER(S): Mr. Charles Washington, Program Manager, Department of Defense Insider Threat Management and Analysis Center, Defense Security Service, 27130 Telegraph Road, Quantico, VA 22134– 2253, (571) 357–6850, dss.ncr.dssci.mbx.ditmac@mail.mil. 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. 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); Public Law 114–328, Section 951 (NDAA for FY17) Enhanced security programs for Department of Defense personnel and innovation initiatives (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; 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 5205.16, The DoD Insider Threat Program; DoD Instruction 5205.83, DoD Insider Threat Management and Analysis Center (DITMAC), Directive-type Memorandum 09–012, Interim Policy Guidance for DoD Physical Access Control, as amended. PURPOSE(S) OF THE SYSTEM: The DITMAC was established by the Undersecretary of Defense for PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Intelligence to consolidate and analyze insider threat information reported by the DoD Component insider threat programs. The DoD maintains this system of records to assist in the management of the DoD Component insider threat programs and the DITMAC in accordance with E.O. 13587 and Section 951 of the FY 2017 National Defense Authorization Act (NDAA for FY17). E.O. 13587 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 consistent with appropriate protections for privacy and civil liberties. Section 951 of the NDAA for FY17 requires that DoD insider threat programs collect, store, and retain information from various data sources, including personnel security, physical security, information security, law enforcement, counterintelligence, user activity monitoring, information assurance, and other appropriate data sources to detect and mitigate potential insider threats. Insider threats can contribute damage to the United States through espionage, terrorism, unauthorized disclosure of national security information, including protected and sensitive 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 and those who have been issued an active DoD Common Access Card (CAC) to obtain physical or logical access to a DoD installation or controlled information system 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. E:\FR\FM\21MRN1.SGM 21MRN1 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The following categories of individuals are covered: Individuals who had or have been granted eligibility for access to classified information or eligibility to hold a sensitive position. These individuals include active and reserve component (including National Guard) military personnel; civilian employees (including non-appropriated fund employees); DoD contractor personnel, and 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. 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. Individuals who have been issued an active DoD CAC by a DoD Organization to authenticate physical access to DoD installations or logical access to DoD controlled information systems. sradovich on DSK3GMQ082PROD with NOTICES CATEGORIES OF RECORDS IN THE SYSTEM: Records containing information can be derived from the DoD Components and the DITMAC, to include: Responses to information requested by official questionnaires and applications (e.g., SF 86 Questionnaire for National Security Positions, DD 1172–2 Application for Identification Card/DEERS Enrollment) that include: Individual’s 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 (DoD ID Number); current and former home and work addresses, phone numbers, and email addresses; employment history; military record information; branch of Service; 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 VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 access control passes or identification cards; alien registration number; 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: 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; Particularly sensitive or protected information, including information held by special access programs, law enforcement, inspector general, or other PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 12347 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; 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, recommended remedial or corrective actions for security violations; Information containing 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; Information 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 specific to the management and operation of each DoD Component insider threat program, including information related to investigative or analytical efforts by DoD insider threat program personnel to identify threats to DoD personnel, property, facilities, and information, and 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; E:\FR\FM\21MRN1.SGM 21MRN1 12348 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices 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; Publicly available social media information, including electronic social media information that has been published or broadcast for public consumption, is available on request to the public, is accessible on-line to the public, is available to the public by subscription or purchase, or is otherwise lawfully accessible to the public. It includes social media information generally available to persons in a military community even though the military community is not open to the civilian general public. Publicly available social media information does not include information that can be accessed only by logging into a private account of the individual about whom the record pertains or by requiring the individual to provide a password to social media information that is not publicly available; Workplace performance information, including performance management and appraisal reviews and other performance based measures. Information collected from the DoD Defense Performance Management and Appraisal Program, and Information related to reports regarding harassment, discrimination, and drug testing violations or results, 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, recommended remedial or corrective actions. sradovich on DSK3GMQ082PROD with NOTICES RECORD SOURCE CATEGORIES: Information in the system is received from the individual as they complete official questionnaires and applications. Information is also received from DoD Components and program offices throughout DoD and DoD contractor databases, internal and 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 VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 records; available U.S. Government intelligence and counterintelligence reporting information and analytic products pertaining to adversarial threats; other Federal agencies; and publicly available information, including commercially available subscription databases containing public records. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND 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: (a) 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 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. (b) 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. (c) To any person, organization or governmental entity (e.g., local governments, first responders, American Red Cross, etc.), in order to notify them of or respond to a serious and imminent terrorist or homeland security threat or natural or manmade disaster as is necessary and relevant for the purpose PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 of guarding against or responding to such threat or disaster. (d) 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. (e) To officials and agencies of the Executive Branch of government, federal contractors and grantees, for purposes of conducting studies, research and analyses of insider threat programs or issues. (f) 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 this system of records. (g) To designated officers and employees of Federal, State, local, territorial or tribal, international, or foreign agencies maintaining civil, criminal, enforcement, or other pertinent information, such as current licenses, if necessary to obtain information relevant and necessary to a DoD Component decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit. (h) 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. (i) To any agency, organization, or individual for the purposes of performing audit or oversight of the DoD Insider Threat Program as authorized by law and as necessary and relevant to such audit or oversight functions. (j) To such recipients and under such circumstances and procedures as are mandated by Federal statute or treaty. (k) 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. (l) 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 E:\FR\FM\21MRN1.SGM 21MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices such Federal agency or entity regarding the handling of an insider threat matter. (m) 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. (n) 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 Central Intelligence Act of 1949 as amended, E.O. 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. (o) To the appropriate Federal, State, local, territorial, tribal, foreign, or international law enforcement authority or other appropriate entity where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law, whether criminal, civil, or regulatory in nature. (p) To the Department of Justice for the purpose of representing the Department of Defense, or its components, officers, employees, or members in pending or potential litigation to which the record is pertinent. (q) To appropriate agencies, entities, and persons when (1) the DoD suspects or has confirmed that there has been a breach of the system of records; (2) the DoD has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the DoD (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the DoD’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm. (r) To another Federal agency or Federal entity, when the DoD determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs and operations), the Federal Government, or VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 national security, resulting from a suspected or confirmed breach. (s) To a Member of Congress or staff acting upon the Member’s behalf when the Member or staff requests the information on behalf of, and at the request of, the individual who is the subject of the record. (t) 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. (u) In an appropriate proceeding before a court, grand jury, or administrative or adjudicative body or official, when the DoD or other Agency representing the DoD determines that the records are relevant and necessary to the proceeding; or in an appropriate proceeding before an administrative or adjudicative body when the adjudicator determines the records to be relevant to the proceeding. POLICIES AND PRACTICES FOR STORAGE OF RECORDS: Records are maintained in paper and electronic storage media, in accordance with the safeguards mentioned below. POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: Information in this system may be retrieved by name, SSN, and/or DoD identification number. POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: System records are retained and disposed of according to DoD records maintenance and disposition schedules and the requirements of the National Archives and Records Administration (General Records Schedule 5.6: Security Records Transmittal No. 28 July 2017, item 210–240). ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: Information technology 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. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 12349 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/. Individuals seeking information about themselves contained in the DITMAC system of records that originated in another DoD Component may be directed to the originating DoD Component that maintains the records being sought. 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 either 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. NOTIFICATION PROCEDURES: Individuals seeking to determine whether information about themselves E:\FR\FM\21MRN1.SGM 21MRN1 12350 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices 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/Privacy-Contacts/. Signed, written requests must contain the full name (and any alias and/or alternate names used), SSN, and date and place of birth. In addition, the requester must provide either 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).’’ sradovich on DSK3GMQ082PROD with NOTICES EXEMPTIONS PROMULGATED FOR THE SYSTEM: The DoD 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 VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 CFR part 310. For additional information contact the system manager. HISTORY: September 23, 2016, 81 FR 65631; May 19, 2016, 81 FR 31614. [FR Doc. 2018–05699 Filed 3–20–18; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary Proposed Collection; Comment Request Office of the Assistant Secretary of Defense for Manpower and Reserve Affairs, DoD. ACTION: Information collection notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Manpower and Reserve Affairs announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Consideration will be given to all comments received by May 21, 2018. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Department of Defense, Office of the Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Suite 08D09B, Alexandria, VA 22350–1700. Instructions: All submissions received must include the agency name, docket number and title 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 received without change, including any PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Defense Civilian Personnel Advisory Service (DCPAS), ATTN: Dakhalfani Boyd, 4800 Mark Center Drive, Alexandria, VA 22350– 1100, or call DCPAS, Enterprise Solutions and Integration, at 571–372– 2120. FOR FURTHER INFORMATION CONTACT: [Docket ID DOD–2018–OS–0011] SUMMARY: personal identifiers or contact information. Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at https:// www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title. SUPPLEMENTARY INFORMATION: Title; Associated Form; and OMB Number: Department of Defense New Hire Forms; DD X735, DD X739, DD X741; OMB Control Number 0704– XXXX. Needs and Uses: This information collection is necessary to ensure that all new hires across the Department of Defense meet the basic requirements of civil service. The New Hire Forms, DD X735, ‘‘Release/Consent Statement,’’ DD X739, ‘‘Civilian Employee’s Military Reserve, Guard, or Retiree Data,’’ and DD X741, ‘‘Term Employment Statement of Understanding,’’ supplant and standardize the paperwork used throughout the Department of Defense to verify the eligibility of onboarding employees. Affected Public: Individuals or Households. Annual Burden Hours: 6,833.35. Number of Respondents: 80,000. Responses per Respondent: 80,000 respondents fill out DD X739; approximately 1000 respondents drawn from that population will each fill out DD X735 and DD X741 as required. Annual Responses: 82,000. Average Burden per Response: 5 minutes. Frequency: On occasion. For all forms, the purpose is to transmit new hire and onboarding data between the DoD civilian personnel system of record, the Defense Civilian Personnel Data System, and the OPM hiring systems, namely USA Staffing Upgrade, and eOPF. E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12345-12350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05699]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2018-OS-0012]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: The Office of the Secretary of Defense proposes to modify a 
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 enables DoD to 
implement the requirements of an Executive Order published on October 
7, 2011, and the National Insider Threat Policy and Minimum Standards 
for Executive Branch Insider Threat Programs published on November 21, 
2012. The system is 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 supports the DITMAC and DoD Component insider threat programs, 
enables the identification of systemic insider threat issues and 
challenges, provides a basis for the development and recommendation of 
solutions to mitigate potential insider threats, and assists in 
identifying best practices amongst other Federal Government insider 
threat programs.

DATES: Comments will be accepted on or before April 20, 2018. This 
proposed action will be effective the date following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit 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 Chief Management 
Officer, Directorate for Oversight and Compliance, 4800 Mark Center 
Drive, Mailbox #24, Suite 08D09B, 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 received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Dr. Brad Millick, Director, DoD 
Insider Threat Program, Office of the Under Secretary of Defense for 
Intelligence, 5000 Defense Pentagon, Washington, DC 20301-5000 or by 
phone at (703) 692-3721.

SUPPLEMENTARY INFORMATION: E.O. 13587 directs the implementation of a 
Department-wide insider threat detection and prevention program. The 
DoD Insider Threat Program is decentralized to enable DoD component 
insider threat programs and the DITMAC to analyze, monitor, and audit 
threat information for insider threat detection and mitigation within 
DoD. The Program deters insider activity that endangers DoD and U.S. 
Government installations, facilities, personnel, missions, or 
resources.
    Section 951 of the National Defense Authorization Act for Fiscal 
Year 2017 (NDAA for FY17) expanded the definition of an insider threat 
to anyone who has, or once had, authorized access to information, a 
facility, a network, a person, or a resource of the Department. In 
keeping with this expansion, the Department is taking a measured 
approach and expanding the ability of its Component insider threat 
programs and the DITMAC to store inside threat related information on 
those personnel with a DoD Common Access Card (CAC). This expansion 
strengthens the intent of E.O. 13587 and maintains a responsive posture 
to the NDAA for FY17.
    This modification to the system of records enables the Department 
to comply with E.O. 13587 by expanding the population to include 
personnel who have been issued an active DoD CAC to authenticate 
physical access to DoD installations or logical access to DoD 
controlled information systems.
    This revision leverages existing federal laws, statutes, 
authorities, policies, programs, systems,

[[Page 12346]]

architectures and resources in order to counter the threat of those 
insiders who may use their authorized access to compromise or degrade 
the operations of the Department. The Department and its insider threat 
programs employ risk management principles, tailored to meet the 
distinct needs, mission, and systems of its agencies, and include 
appropriate protections for privacy, civil rights, and civil liberties. 
The change captures this large community of persons in a phased and 
reasonable manner, by enabling the DoD population to include those with 
CACs in addition to those who have or are granted eligibility for 
access to classified information or eligibility to hold a sensitive 
position
    The Office of the Secretary of Defense notices for systems of 
records subject to the Privacy Act of 1974, as amended, have been 
published in the Federal Register and are available from the address in 
FOR FURTHER INFORMATION CONTACT or at the Defense Privacy, Civil 
Liberties, and Transparency Division website at https://dpcld.defense.gov/.
    The proposed systems reports, as required by of the Privacy Act, as 
amended, were submitted on November 17, 2017, to the House Committee on 
Oversight and Government Reform, the Senate Committee on Homeland 
Security and Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to Section 6 to OMB Circular No. A-108, ``Federal 
Agency Responsibilities for Review, Reporting, and Publication under 
the Privacy Act,'' revised December 23, 2016 (December 23, 2016, 81 FR 
94424).

    Dated: March 16, 2018.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER
    Department of Defense (DoD) Insider Threat Management and Analysis 
Center (DITMAC) and DoD Component Insider Threat Records System, DUSDI 
01-DoD.

SECURITY CLASSIFICATION:
    Unclassified.

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.

SYSTEM MANAGER(S):
    Mr. Charles Washington, Program Manager, Department of Defense 
Insider Threat Management and Analysis Center, Defense Security 
Service, 27130 Telegraph Road, Quantico, VA 22134-2253, (571) 357-6850, 
[email protected]. 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.

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); Public Law 114-328, Section 
951 (NDAA for FY17) Enhanced security programs for Department of 
Defense personnel and innovation initiatives (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; 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 5205.16, 
The DoD Insider Threat Program; DoD Instruction 5205.83, DoD Insider 
Threat Management and Analysis Center (DITMAC), Directive-type 
Memorandum 09-012, Interim Policy Guidance for DoD Physical Access 
Control, as amended.

PURPOSE(S) OF THE SYSTEM:
    The DITMAC was established by the Undersecretary of Defense for 
Intelligence to consolidate and analyze insider threat information 
reported by the DoD Component insider threat programs.
    The DoD maintains this system of records to assist in the 
management of the DoD Component insider threat programs and the DITMAC 
in accordance with E.O. 13587 and Section 951 of the FY 2017 National 
Defense Authorization Act (NDAA for FY17). E.O. 13587 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 
consistent with appropriate protections for privacy and civil 
liberties. Section 951 of the NDAA for FY17 requires that DoD insider 
threat programs collect, store, and retain information from various 
data sources, including personnel security, physical security, 
information security, law enforcement, counterintelligence, user 
activity monitoring, information assurance, and other appropriate data 
sources to detect and mitigate potential insider threats.
    Insider threats can contribute damage to the United States through 
espionage, terrorism, unauthorized disclosure of national security 
information, including protected and sensitive 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 and those who have been issued an active DoD Common Access 
Card (CAC) to obtain physical or logical access to a DoD installation 
or controlled information system 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.

[[Page 12347]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered:
    Individuals who had or have been granted eligibility for access to 
classified information or eligibility to hold a sensitive position. 
These individuals include active and reserve component (including 
National Guard) military personnel; civilian employees (including non-
appropriated fund employees); DoD contractor personnel, and 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.
    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.
    Individuals who have been issued an active DoD CAC by a DoD 
Organization to authenticate physical access to DoD installations or 
logical access to DoD controlled information systems.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records containing information can be derived from the DoD 
Components and the DITMAC, to include:
    Responses to information requested by official questionnaires and 
applications (e.g., SF 86 Questionnaire for National Security 
Positions, DD 1172-2 Application for Identification Card/DEERS 
Enrollment) that include: Individual's 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 (DoD ID Number); 
current and former home and work addresses, phone numbers, and email 
addresses; employment history; military record information; branch of 
Service; 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; alien registration 
number; 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:
    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;
    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;
    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, recommended remedial or corrective 
actions for security violations;
    Information containing 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;
    Information 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 specific to the management and operation of each DoD 
Component insider threat program, including information related to 
investigative or analytical efforts by DoD insider threat program 
personnel to identify threats to DoD personnel, property, facilities, 
and information, and 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;

[[Page 12348]]

    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;
    Publicly available social media information, including electronic 
social media information that has been published or broadcast for 
public consumption, is available on request to the public, is 
accessible on-line to the public, is available to the public by 
subscription or purchase, or is otherwise lawfully accessible to the 
public. It includes social media information generally available to 
persons in a military community even though the military community is 
not open to the civilian general public. Publicly available social 
media information does not include information that can be accessed 
only by logging into a private account of the individual about whom the 
record pertains or by requiring the individual to provide a password to 
social media information that is not publicly available;
    Workplace performance information, including performance management 
and appraisal reviews and other performance based measures. Information 
collected from the DoD Defense Performance Management and Appraisal 
Program, and
    Information related to reports regarding harassment, 
discrimination, and drug testing violations or results, 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, recommended remedial or corrective 
actions.

RECORD SOURCE CATEGORIES:
    Information in the system is received from the individual as they 
complete official questionnaires and applications. Information is also 
received from DoD Components and program offices throughout DoD and DoD 
contractor databases, internal and 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, including commercially available 
subscription databases containing public records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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:
    (a) 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 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.
    (b) 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.
    (c) To any person, organization or governmental entity (e.g., local 
governments, first responders, American Red Cross, etc.), in order to 
notify them of or respond to a serious and imminent terrorist or 
homeland security threat or natural or manmade disaster as is necessary 
and relevant for the purpose of guarding against or responding to such 
threat or disaster.
    (d) 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.
    (e) To officials and agencies of the Executive Branch of 
government, federal contractors and grantees, for purposes of 
conducting studies, research and analyses of insider threat programs or 
issues.
    (f) 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 this system of 
records.
    (g) To designated officers and employees of Federal, State, local, 
territorial or tribal, international, or foreign agencies maintaining 
civil, criminal, enforcement, or other pertinent information, such as 
current licenses, if necessary to obtain information relevant and 
necessary to a DoD Component decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit.
    (h) 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.
    (i) To any agency, organization, or individual for the purposes of 
performing audit or oversight of the DoD Insider Threat Program as 
authorized by law and as necessary and relevant to such audit or 
oversight functions.
    (j) To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    (k) 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.
    (l) 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

[[Page 12349]]

such Federal agency or entity regarding the handling of an insider 
threat matter.
    (m) 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.
    (n) 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 Central Intelligence Act of 1949 as amended, E.O. 
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.
    (o) To the appropriate Federal, State, local, territorial, tribal, 
foreign, or international law enforcement authority or other 
appropriate entity where a record, either alone or in conjunction with 
other information, indicates a violation or potential violation of law, 
whether criminal, civil, or regulatory in nature.
    (p) To the Department of Justice for the purpose of representing 
the Department of Defense, or its components, officers, employees, or 
members in pending or potential litigation to which the record is 
pertinent.
    (q) To appropriate agencies, entities, and persons when (1) the DoD 
suspects or has confirmed that there has been a breach of the system of 
records; (2) the DoD has determined that as a result of the suspected 
or confirmed breach there is a risk of harm to individuals, the DoD 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the DoD's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    (r) To another Federal agency or Federal entity, when the DoD 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    (s) To a Member of Congress or staff acting upon the Member's 
behalf when the Member or staff requests the information on behalf of, 
and at the request of, the individual who is the subject of the record.
    (t) 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.
    (u) In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when the DoD or other 
Agency representing the DoD determines that the records are relevant 
and necessary to the proceeding; or in an appropriate proceeding before 
an administrative or adjudicative body when the adjudicator determines 
the records to be relevant to the proceeding.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in paper and electronic storage media, in 
accordance with the safeguards mentioned below.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in this system may be retrieved by name, SSN, and/or 
DoD identification number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    System records are retained and disposed of according to DoD 
records maintenance and disposition schedules and the requirements of 
the National Archives and Records Administration (General Records 
Schedule 5.6: Security Records Transmittal No. 28 July 2017, item 210-
240).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Information technology 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.

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/Privacy-Contacts/.
    Individuals seeking information about themselves contained in the 
DITMAC system of records that originated in another DoD Component may 
be directed to the originating DoD Component that maintains the records 
being sought.
    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 either 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.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether information about 
themselves

[[Page 12350]]

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/Privacy-Contacts/.
    Signed, written requests must contain the full name (and any alias 
and/or alternate names used), SSN, and date and place of birth.
    In addition, the requester must provide either 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).''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The DoD 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.

HISTORY:
    September 23, 2016, 81 FR 65631; May 19, 2016, 81 FR 31614.

[FR Doc. 2018-05699 Filed 3-20-18; 8:45 am]
 BILLING CODE 5001-06-P


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