59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–321 

DEPARTMENT OF HOMELAND SECURITY INSIDER THREAT 

AND MITIGATION ACT OF 2015 

NOVEMBER 2, 2015.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. MCCAUL, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 3361] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 3361) to amend the Homeland Security Act of 2002 to establish the Insider Threat Program, and for other purposes, having 

considered the same, report favorably thereon with an amendment 

and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 5 

Committee Consideration ........................................................................................ 5 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 5 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Congressional Budget Office Estimate ................................................................... 6 

Statement of General Performance Goals and Objectives .................................... 6 

Duplicative Federal Programs ................................................................................ 7 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 7 

Federal Mandates Statement ................................................................................. 7 

Preemption Clarification ......................................................................................... 7 

Disclosure of Directed Rule Makings ..................................................................... 7 

Advisory Committee Statement .............................................................................. 7 

Applicability to Legislative Branch ........................................................................ 7 

Section-by-Section Analysis of the Legislation ...................................................... 8 


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Changes in Existing Law Made by the Bill, as Reported ..................................... 10 

Dissenting Views ..................................................................................................... 13 

The amendment is as follows: 

Strike out all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Department of Homeland Security Insider Threat 

and Mitigation Act of 2015’’. 

SEC. 2. ESTABLISHMENT OF INSIDER THREAT PROGRAM. 

(a) IN GENERAL.—Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et 

seq.) is amended by adding at the end the following new section: 

‘‘SEC. 104. INSIDER THREAT PROGRAM. 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish an Insider Threat Program 

within the Department. Such Program shall— 

‘‘(1) provide training and education for Department personnel to identify, prevent, mitigate, and respond to insider threat risks to the Department’s critical 

assets; 

‘‘(2) provide investigative support regarding potential insider threats that may 

pose a risk to the Department’s critical assets; and 

‘‘(3) conduct risk mitigation activities for insider threats. 

‘‘(b) STEERING COMMITTEE.— ‘‘(1) IN GENERAL.—The Secretary shall establish a Steering Committee within 

the Department. The Under Secretary for Intelligence and Analysis shall serve 

as the Chair of the Steering Committee. The Chief Security Officer shall serve 

as the Vice Chair. The Steering Committee shall be comprised of representatives of the Office of Intelligence and Analysis, the Office of the Chief Information Officer, the Office of the General Counsel, the Office for Civil Rights and 

Civil Liberties, the Privacy Office, the Office of the Chief Human Capital Officer, the Office of the Chief Financial Officer, the Federal Protective Service, the 

Office of the Chief Procurement Officer, the Science and Technology Directorate, 

and other components or offices of the Department as appropriate. Such representatives shall meet on a regular basis to discuss cases and issues related 

to insider threats to the Department’s critical assets, in accordance with subsection (a). 

‘‘(2) RESPONSIBILITIES.—Not later than one year after the date of the enactment of this section, the Under Secretary for Intelligence and Analysis and the 

Chief Security Officer, in coordination with the Steering Committee established 

pursuant to paragraph (1), shall— 

‘‘(A) develop a holistic strategy for Department-wide efforts to identify, 

prevent, mitigate, and respond to insider threats to the Department’s critical assets; 

‘‘(B) develop a plan to implement the insider threat measures identified 

in the strategy developed under subparagraph (A) across the components 

and offices of the Department; 

‘‘(C) document insider threat policies and controls; 

‘‘(D) conduct a baseline risk assessment of insider threats posed to the 

Department’s critical assets; 

‘‘(E) examine existing programmatic and technology best practices adopted by the Federal Government, industry, and research institutions to implement solutions that are validated and cost-effective; 

‘‘(F) develop a timeline for deploying workplace monitoring technologies, 

employee awareness campaigns, and education and training programs related to identifying, preventing, mitigating, and responding to potential insider threats to the Department’s critical assets; 

‘‘(G) require the Chair and Vice Chair of the Steering Committee to consult with the Under Secretary for Science and Technology and other appropriate stakeholders to ensure the Insider Threat Program is informed, on 

an ongoing basis, by current information regarding threats, beset practices, 

and available technology; and 

‘‘(H) develop, collect, and report metrics on the effectiveness of the Department’s insider threat mitigation efforts. 

‘‘(c) REPORT.—Not later than two years after the date of the enactment of this section and the biennially thereafter for the next four years, the Secretary shall submit 

to the Committee on Homeland Security and the Permanent Select Committee on 

Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate a report on how the Department and its components and offices have impleVerDate Sep 11 2014 03:32 Nov 04, 2015 Jkt 059006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR321.XXX HR321

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mented the strategy developed under subsection (b)(2)(A), the status of the Department’s risk assessment of critical assets, the types of insider threat training conducted, the number of Department employees who have received such training, and 

information on the effectiveness of the Insider Threat Program, based on metrics 

under subsection (b)(2)(H). 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) CRITICAL ASSETS.—The term ‘critical assets’ means the people, facilities, 

information, and technology required for the Department to fulfill its mission. 

‘‘(2) INSIDER.—The term ‘insider’ means— 

‘‘(A) any person who has access to classified national security information 

and is employed by, detailed to, or assigned to the Department, including 

members of the Armed Forces, experts or consultants to the Department, 

industrial or commercial contractors, licensees, certificate holders, or grantees of the Department, including all subcontractors, personal services contractors, or any other category of person who acts for or on behalf of the 

Department, as determined by the Secretary; or 

‘‘(B) State, local, tribal, territorial, and private sector personnel who possess security clearances granted by the Department. 

‘‘(3) INSIDER THREAT.—The term ‘insider threat’ means the threat that an insider will use his or her authorized access, wittingly or unwittingly, to do harm 

to the security of the United States, including damage to the United States 

through espionage, terrorism, the unauthorized disclosure of classified national 

security information, or through the loss or degradation of departmental resources or capabilities.’’. 

(b) CLERICAL AMENDMENT.—The table of contents of the Homeland Security Act 

of 2002 is amended by inserting after the item relating to section 103 the following 

new item: 

‘‘Sec. 104. Insider Threat Program.’’. 

PURPOSE AND SUMMARY

The purpose of H.R. 3361, the ‘‘Department of Homeland Security Insider Threat and Mitigation Act’’ is to amend the Homeland 

Security Act of 2002 to establish an Insider Threat program at the 

Department of Homeland Security (DHS). The bill mandates employee education and training programs, and establishes an internal DHS Steering Committee to manage and coordinate DHS activities related to insider threat issues. 

BACKGROUND AND NEED FOR LEGISLATION

Over the last six years several acts of espionage and workplace 

violence committed by U.S. government employees have caused 

grave damage to U.S. national security and taken American lives. 

U.S. Army PFC Bradley Manning provided thousands of classified 

government documents to WikiLeaks, which were subsequently 

published. Edward Snowden continues to hide from prosecution in 

Russia for stealing and later releasing classified information related to sensitive national security programs. Aaron Alexis, who 

held a Secret security clearance while working as a contractor at 

the Washington Navy Yard, killed 12 people during a rampage in 

2013. 

All three of these individuals were vetted, trusted U.S. security 

professionals who abused that trust and committed heinous acts. 

Furthermore, these events underscore the importance of identifying 

potential insider threats that could put Department and its employees at risk. 

An official from the Office of Director of National Intelligence 

(ODNI) testified before this Subcommittee in 2013 that, ‘‘damage 

assessments regarding individuals involved in unauthorized disclosures of classified information or acts of workplace violence have 

uncovered information that was not discovered during the existing 


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1 Brian Prioletti, Assistant Director, Special Security Directorate, Office of National Counterintelligence Executive, Office of the Director for National Intelligence, Testimony before the 

Committee on Homeland Security, Subcommittee on Counterterrorism and Intelligence, November 13, 2013. 2 Aaron Boyd, ‘‘Survey: Insider threats target nearly half of agencies’’, C4ISR Networks, September 14, 2015, available at: http://www.c4isrnet.com/story/military-tech/it/2015/09/14/usgovernment-insider-threats-survey/72254846/. 3 Jon Ramsey, ‘‘Empower Workers to Take Ownership of Cybersecurity’’, Dell.com, October 2, 

2015, available at: https://powermore.dell.com/technology/empower-workers-to-take-ownershipof-cybersecurity/. 

security clearance process. Timely knowledge of such information 

might have prompted a security review or increased monitoring of 

the individual.’’ 1 A recent survey of 150 Federal information technology managers, including those from the defense and intelligence 

communities, showed that 29 percent of the agencies had suffered 

a loss of data due to an insider over the last year.2

The Department of Homeland Security Insider Threat and Mitigation Act of 2015 establishes an Insider Threat program at DHS 

to provide a foundation for the Secretary to secure DHS facilities 

and its workforce. It creates a multidisciplinary steering committee 

to coordinate insider threat efforts across the Department by developing a holistic strategy for the Department to identify, prevent, 

mitigate and respond to insider threats to its critical assets. 

In order for DHS to protect itself against two common threats— 

malicious insiders and external cybercriminals—it is important 

that the Department complete the process to identify and secure 

those critical assets and related infrastructure components that it 

depends on to fulfill its responsibility of ensuring homeland security and public safety, as well as the security of its workforce. This 

bill directs the Department to conduct a risk assessment of its critical assets which includes the Department’s information, networks, 

facilities, and its workforce. 

Insider threats are very difficult to discover through technology 

alone, and many leaks are unintentional in nature, therefore a key 

element of any insider threat program is training and employee 

awareness. Research at Carnegie Mellon University’s Computer 

Emergency Response Teams has shown that most insider threats 

are first detected by other users who note and report something 

suspicious. Users need training and awareness to know what to 

look out for and to report it in the appropriate manner.3 The bill 

requires both to ensure that personnel understand how their use 

of DHS networks will be monitored, as well as what workplace behavior may be indicative of a potential insider threat. 

The bill ensures that insider threat best practices are standardized and implemented across the DHS enterprise, and that all relevant stakeholders who possess information pertinent to insider 

threat, have a seat at the table and contribute to the program’s effectiveness. 

Additionally, this bill provides the authorities and direction DHS 

needs to develop a robust, holistic insider threat program. The legislation focuses on: Building a proper governance structure; assessing the Department’s critical assets so it can prioritize appropriately; and training the Department’s workforce—three pillars of 

a successful insider threat program that seeks to protect the Department’s workforce, its information, and its physical assets. 


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HEARINGS

The Committee did not hold any hearing specifically on 

H.R. 3361, however, the Committee did hold the following oversight 

hearing in the 113th Congress: 

On November 13, 2013, the Subcommittee on Counterterrorism 

and Intelligence held a hearing entitled, ‘‘The Insider Threat to 

Homeland Security: Examining Our Nation’s Security Clearances 

Processes.’’ The Subcommittee received testimony from Mr. Merton 

W. Miller, Associate Director of Investigations, Federal Investigative Services, U.S. Office of Personnel Management; Mr. Gregory 

Marshall, Chief Security Officer, U.S. Department of Homeland Security; Mr. Brian Prioletti, Assistant Director, Special Security Directorate, National Counterintelligence Executive, Office of the Director of National Intelligence; Ms. Brenda Farrell, Director, Military and DOD Civilian Personnel Issues, U.S. Government Accountability Office. 

COMMITTEE CONSIDERATION

The Committee met on September 30, 2015, to consider H.R. 

3361, and ordered the measure to be reported to the House with 

a favorable recommendation, as amended, by voice vote. The Committee took the following actions: 

The following amendments were offered: 

An Amendment in the Nature of a Substitute offered by MR. 

KATKO listed on the roster as by MR. KING of New York (#1); was 

AGREED TO by voice vote. 

The Subcommittee on Counterterrorism and Intelligence met on 

September 17, 2015, to consider H.R. 3361 and reported the measure to the Full Committee with a favorable recommendation, as 

amended, by voice vote. 

The following amendment was offered: 

An Amendment in the Nature of a Substitute offered by MR. 

KING of New York (#1); was AGREED TO by voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested during the Committee consideration of H.R. 3361. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 3361, the 

Department of Homeland Security Insider Threat and Mitigation 


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Act of 2015, would result in no new or increased budget authority, 

entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, October 23, 2015. 

Hon. MICHAEL MCCAUL, 

Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3361, the Department of 

Homeland Security Insider Threat and Mitigation Act of 2015. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 3361—Department of Homeland Security Insider Threat and 

Mitigation Act of 2015 

H.R. 3361 would direct the Department of Homeland Security 

(DHS) to establish a program to protect the department’s critical 

assets from insider threats (that is, harmful activities by department employees and certain other persons with access to classified 

information). DHS is currently carrying out activities similar to 

those required by the bill, and CBO estimates that implementing 

H.R. 3361 would not significantly affect spending by DHS. Because 

enacting the legislation would not affect direct spending or revenues, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 3361 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2026. 

H.R. 3361 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Mark Grabowicz. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 3361 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

The goal of H.R. 3361 is to establish a Department-wide Insider 

Threat program at DHS that reports to the Secretary, and is managed by the Undersecretary for Intelligence and Analysis and the 

Chief Security Officer. H.R. 3361 ensures that a robust, standardized program is implemented across the Department and its ComVerDate Sep 11 2014 03:32 Nov 04, 2015 Jkt 059006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR321.XXX HR321

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ponent organizations by establishing a Steering Committee that 

consists of Department principals, who coordinate insider threat efforts across the Department and review insider threat cases and 

issues related to the Department’s critical assets. The bill assigns 

a number of tasks to the Steering Committee including developing 

a comprehensive strategy to identify, prevent, mitigate, and respond to insider threat to the Department and its employees, and 

conducting a risk assessment of the Department’s critical assets. 

H.R. 3361 also requires the Secretary to report to Congress on 

the Department’s insider threat strategy, the status of the Department’s risk assessment of critical assets, training of Department 

employees and contractors, and information on the effectiveness of 

the program. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of rule XIII, the Committee finds that 

H.R. 3361 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another Federal program. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of the rule XXI. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 

joint resolution is intended to preempt State, local, or Tribal law, 

the Committee finds that H.R. 3361 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 3361 would require no directed rule makings. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 


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accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides that bill may be cited as the ‘‘Department 

of Homeland Security Insider Threat and Mitigation Act of 2015’’. 

Sec. 2. Establishment of Insider Threat Program 

This section amends Title I of the Homeland Security Act of 2002 

(6 U.S.C. 111 et seq.) by adding the following new section: 

‘‘SEC. 104. INSIDER THREAT PROGRAM. 

Section 104 directs the Secretary of Homeland Security to establish an insider threat program at the Department. The purpose of 

the program is to provide training and education to Department 

personnel regarding insider threats to the Department’s critical assets, which include its people, facilities, and sensitive data; provide 

support to insider threat investigations that may pose a risk to the 

Department’s critical assets; and conduct risk mitigation for potential insider threats. 

The Committee believes that an insider threat program is necessary to standardize efforts Department-wide. The Committee is 

concerned that progress across the Department’s component agencies has been uneven and requires more centralized coordination to 

ensure that all offices within the Department reach a baseline 

standard of effectiveness. 

The Committee strongly believes that while insiders with malicious intent have caused the most serious damage to national security and American lives, most gaps that allow insiders to conduct 

their nefarious work are often caused by unwitting employees who 

are not properly trained. The purpose of this program is not only 

to identify and prevent insiders from damaging the United States, 

but also to spot individuals who may demonstrate tendencies of an 

insider threat, and intervene through contact with an investigator 

to mitigate the activity through education and increased awareness. 

This section also creates a Steering Committee within the Department to coordinate insider threat efforts across the Department, and review insider threat cases and issues related to the Department’s critical assets. The Steering Committee is chaired by 

the Under Secretary for Intelligence and Analysis, and the Chief 

Security Officer serves as the Vice-Chair. The Steering Committee’s 

membership includes relevant stakeholders from across the Department and its component organizations that hold pertinent information to insider threats. 

The Committee believes that a designated Steering Committee, 

chaired by the Under Secretary for Intelligence and Analysis, and 

the Chief Security Officer, with a mandate to develop, execute and 

manage the daily operations of the Department’s Insider Threat 

program, will ensure that a comprehensive strategy is developed, 

and a thorough assessment of the Department’s critical assets is 

conducted. The Committee also believes that the Steering Committee should be responsible for issuing guidance and training reVerDate Sep 11 2014 23:02 Nov 03, 2015 Jkt 059006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR321.XXX HR321

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4 Aaron Boyd, ‘‘Survey: Insider threats target nearly half of agencies’’, C4ISR Networks, September 14, 2015, available at: http://www.c4isrnet.com/story/military-tech/it/2015/09/14/usgovernment-insider-threats-survey/72254846/. 

lated to insider threats Department-wide to ensure that all employees and contractors achieve a consistent-level of understanding and 

awareness about the program. 

It is the Committee’s intention that the membership of the Steering Committee includes all relevant stakeholders within the Department that possess information pertinent to operating an effective insider threat program. The Committee believes that adding 

members to the Steering Committee should be at the discretion of 

the Secretary as the Department’s needs and resources evolve. 

Additionally, this section defines the responsibilities for the 

Steering Committee, including to: (A) Develop a holistic strategy 

for the Department to identify, prevent, mitigate and respond to insider threats to its critical assets; (B) develop a plan to implement 

the strategy across the component organizations and offices of the 

Department; (C) document insider threat policies; (D) conduct a 

baseline risk assessment of insider threats posed to the Department’s critical assets; (E) leverage best practices and technology 

from across the Federal Government, industry, and the research 

community to implement insider threat solutions that are validated 

and cost-effective; (F) develop a timeline for deploying workplace 

monitoring technologies, awareness campaigns, and insider threat 

training; (G) consult with the Under Secretary of Science and Technology to stay current on insider threats, best practices and technology related to insider threats; and (H) develop and report on 

metrics that indicate the effectiveness of the program. 

In addition to the Department’s networks, information and technology, the Committee believes that the Department’s critical assets include its workforce and physical assets. It is important that 

the Department consider all its assets when conducting its risk assessment so that it can prioritize and allocate resources accordingly. 

As part of leveraging best practices and technology, the Committee notes that according to a survey of Federal IT managers, 

more than 40 percent of Federal agencies don’t track data assets 

on their networks, and therefore they cannot be sure when and 

how specific documents are shared or otherwise exfiltrated.4 The 

Committee remains concerned that DHS’ inability to track sensitive documents could allow it to be victimized by a malicious insider and suffer damage similar in scale to WikiLeaks or the 

Snowden crime. The Committee strongly recommends that DHS develop a plan to secure its proprietary content and documents so 

that it can monitor the Department’s most sensitive digital content, 

personally identifiable information (PII) and classified information 

at all times while in transit on a network, and in storage. 

Furthermore, this section requires the Secretary to submit a report to Congress no later than two years after the date of enactment that describes how the Department and its components have 

implemented the insider threat strategy, the status of the Department’s risk assessment of critical assets, training that has been 

provided to Department employees, and information on the effectiveness of the program. 


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The Committee believes that the required report in this subsection will assist the Department in articulating its insider threat 

strategy, how it intends to increase awareness of the problem and 

train employees on how to identify and report signs of an insider 

threat, and collect data that will help it evaluate the effectiveness 

of the program as a whole. 

Finally, this section provides for definitions used in this section 

including: ‘‘critical assets,’’ ‘‘insider,’’ and ‘‘insider threat.’’ 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Homeland Security Act of 2002’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND SECURITY 

* * * * * * * 

Sec. 104. Insider Threat Program. 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND 

SECURITY 

* * * * * * * 

SEC. 104. INSIDER THREAT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish an Insider 

Threat Program within the Department. Such Program shall— 

(1) provide training and education for Department personnel 

to identify, prevent, mitigate, and respond to insider threat 

risks to the Department’s critical assets; 

(2) provide investigative support regarding potential insider 

threats that may pose a risk to the Department’s critical assets; 

and 

(3) conduct risk mitigation activities for insider threats. 

(b) STEERING COMMITTEE.— 

(1) IN GENERAL.—The Secretary shall establish a Steering 

Committee within the Department. The Under Secretary for Intelligence and Analysis shall serve as the Chair of the Steering 

Committee. The Chief Security Officer shall serve as the Vice 

Chair. The Steering Committee shall be comprised of representatives of the Office of Intelligence and Analysis, the Office of the 

Chief Information Officer, the Office of the General Counsel, the 

Office for Civil Rights and Civil Liberties, the Privacy Office, 


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the Office of the Chief Human Capital Officer, the Office of the 

Chief Financial Officer, the Federal Protective Service, the Office of the Chief Procurement Officer, the Science and Technology Directorate, and other components or offices of the Department as appropriate. Such representatives shall meet on a 

regular basis to discuss cases and issues related to insider 

threats to the Department’s critical assets, in accordance with 

subsection (a). 

(2) RESPONSIBILITIES.—Not later than one year after the date 

of the enactment of this section, the Under Secretary for Intelligence and Analysis and the Chief Security Officer, in coordination with the Steering Committee established pursuant to 

paragraph (1), shall— 

(A) develop a holistic strategy for Department-wide efforts 

to identify, prevent, mitigate, and respond to insider threats 

to the Department’s critical assets; 

(B) develop a plan to implement the insider threat measures identified in the strategy developed under subparagraph (A) across the components and offices of the Department; 

(C) document insider threat policies and controls; 

(D) conduct a baseline risk assessment of insider threats 

posed to the Department’s critical assets; 

(E) examine existing programmatic and technology best 

practices adopted by the Federal Government, industry, 

and research institutions to implement solutions that are 

validated and cost-effective; 

(F) develop a timeline for deploying workplace monitoring technologies, employee awareness campaigns, and 

education and training programs related to identifying, 

preventing, mitigating, and responding to potential insider 

threats to the Department’s critical assets; 

(G) require the Chair and Vice Chair of the Steering 

Committee to consult with the Under Secretary for Science 

and Technology and other appropriate stakeholders to ensure the Insider Threat Program is informed, on an ongoing basis, by current information regarding threats, beset 

practices, and available technology; and 

(H) develop, collect, and report metrics on the effectiveness of the Department’s insider threat mitigation efforts. 

(c) REPORT.—Not later than two years after the date of the enactment of this section and the biennially thereafter for the next four 

years, the Secretary shall submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the 

House of Representatives and the Committee on Homeland Security 

and Governmental Affairs and the Select Committee on Intelligence 

of the Senate a report on how the Department and its components 

and offices have implemented the strategy developed under subsection (b)(2)(A), the status of the Department’s risk assessment of 

critical assets, the types of insider threat training conducted, the 

number of Department employees who have received such training, 

and information on the effectiveness of the Insider Threat Program, 

based on metrics under subsection (b)(2)(H). 

(d) DEFINITIONS.—In this section: 


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(1) CRITICAL ASSETS.—The term ‘‘critical assets’’ means the 

people, facilities, information, and technology required for the 

Department to fulfill its mission. 

(2) INSIDER.—The term ‘‘insider’’ means— 

(A) any person who has access to classified national security information and is employed by, detailed to, or assigned to the Department, including members of the Armed 

Forces, experts or consultants to the Department, industrial 

or commercial contractors, licensees, certificate holders, or 

grantees of the Department, including all subcontractors, 

personal services contractors, or any other category of person who acts for or on behalf of the Department, as determined by the Secretary; or 

(B) State, local, tribal, territorial, and private sector personnel who possess security clearances granted by the Department. 

(3) INSIDER THREAT.—The term ‘‘insider threat’’ means the 

threat that an insider will use his or her authorized access, 

wittingly or unwittingly, to do harm to the security of the 

United States, including damage to the United States through 

espionage, terrorism, the unauthorized disclosure of classified 

national security information, or through the loss or degradation of departmental resources or capabilities. 

* * * * * * * 


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DISSENTING VIEWS

Though I am supportive of the insider threat program that is 

currently in operation at the Department of Homeland Security 

(DHS), I reluctantly voted ‘‘no’’ when H.R. 3361 was considered on 

September 30th by the Full Committee. At the time, I expressed 

disappointment that the Majority would not agree to clarify that 

H.R. 3361 authorizes the current DHS insider threat program and 

does not authorize the establishment of a continuous evaluation 

program that subjects certain personnel to ongoing automated credit, criminal, and social media monitoring. 

DHS’ current insider threat program is properly targeted at preventing and detecting when a person with authorized access to U.S. 

Government resources, to include personnel, facilities, information, 

equipment, networks, and systems, uses that access to harm the 

security of the United States. In response to high profile incidents 

involving the misappropriation of classified and sensitive material 

by Edward Snowden and Bradley Manning, Federal agencies have, 

increasingly, sought to establish continuous evaluation programs to 

monitor personnel with security clearances or in positions of trust 

on an ongoing basis through automated systems. The Department 

of Defense, in particular, has pursued this capability and is currently gathering credit, financial, travel information as well as 

criminal records from both public and private databases, including 

social media, for more than 100,000 individuals who are eligible for 

access to classified information. While I appreciate that the standard periods for recurrent checks may need to be adjusted to enhance detection of potential issues, it is incumbent upon Congress 

to ensure that any adjustments to the longstanding security clearance system be transparent and effective, with minimum disruption to the important work undertaking by the Federal workforce. 

I strongly believe that, as authorizers, we have a responsibility, 

to have an open conversation with the Department about the potential costs, both financial and to the stability of the securitycleared workforce, as well as the potential benefits of erecting such 

a system prior to authorizing DHS to move forward with it. 

Unfortunately, without clarifying language, H.R. 3361 could be 

interpreted to authorize DHS to move forward with a continuous 

evaluation program without our Committee setting forth our expectations are for such a system. 

For these reasons, I reluctantly oppose H.R. 3361. 

BENNIE G. THOMPSON. 

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