Privacy Act of 1974; System of Records, 12345-12350 [2018-05699]
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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
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SUPPLEMENTARY INFORMATION:
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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:
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* 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,
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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.
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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.
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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
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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.
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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.
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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
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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
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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;
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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]
-----------------------------------------------------------------------
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