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Union Calendar No. 244 

114TH CONGRESS 

1ST SESSION H. R. 3361 

[Report No. 114–321] 

To amend the Homeland Security Act of 2002 to establish the Insider 

Threat Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2015 

Mr. KING of New York (for himself, Mr. HIGGINS, Mr. BARLETTA, Mr. 

KATKO, and Mr. DONOVAN) introduced the following bill; which was referred to the Committee on Homeland Security 

NOVEMBER 2, 2015 

Additional sponsor: Mr. MCCAUL

NOVEMBER 2, 2015 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 29, 2015] 


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A BILL 

To amend the Homeland Security Act of 2002 to establish 

the Insider Threat Program, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Insider Threat and Mitigation Act of 2015’’. 

6 SEC. 2. ESTABLISHMENT OF INSIDER THREAT PROGRAM. 

7 (a) IN GENERAL.—Title I of the Homeland Security 

8 Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 

9 at the end the following new section: 

10 ‘‘SEC. 104. INSIDER THREAT PROGRAM. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

12 an Insider Threat Program within the Department. Such 

13 Program shall— 

14 ‘‘(1) provide training and education for Depart15 ment personnel to identify, prevent, mitigate, and re16 spond to insider threat risks to the Department’s crit17 ical assets; 

18 ‘‘(2) provide investigative support regarding po19 tential insider threats that may pose a risk to the De20 partment’s critical assets; and 

21 ‘‘(3) conduct risk mitigation activities for in22 sider threats. 

23 ‘‘(b) STEERING COMMITTEE.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall establish 

25 a Steering Committee within the Department. The 


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1 Under Secretary for Intelligence and Analysis shall 

2 serve as the Chair of the Steering Committee. The 

3 Chief Security Officer shall serve as the Vice Chair. 

4 The Steering Committee shall be comprised of rep5 resentatives of the Office of Intelligence and Analysis, 

6 the Office of the Chief Information Officer, the Office 

7 of the General Counsel, the Office for Civil Rights and 

8 Civil Liberties, the Privacy Office, the Office of the 

9 Chief Human Capital Officer, the Office of the Chief 

10 Financial Officer, the Federal Protective Service, the 

11 Office of the Chief Procurement Officer, the Science 

12 and Technology Directorate, and other components or 

13 offices of the Department as appropriate. Such rep14 resentatives shall meet on a regular basis to discuss 

15 cases and issues related to insider threats to the De16 partment’s critical assets, in accordance with sub17 section (a). 

18 ‘‘(2) RESPONSIBILITIES.—Not later than one 

19 year after the date of the enactment of this section, the 

20 Under Secretary for Intelligence and Analysis and the 

21 Chief Security Officer, in coordination with the Steer22 ing Committee established pursuant to paragraph (1), 

23 shall— 

24 ‘‘(A) develop a holistic strategy for Depart25 ment-wide efforts to identify, prevent, mitigate, 


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1 and respond to insider threats to the Depart2 ment’s critical assets; 

3 ‘‘(B) develop a plan to implement the in4 sider threat measures identified in the strategy 

5 developed under subparagraph (A) across the 

6 components and offices of the Department; 

7 ‘‘(C) document insider threat policies and 

8 controls; 

9 ‘‘(D) conduct a baseline risk assessment of 

10 insider threats posed to the Department’s critical 

11 assets; 

12 ‘‘(E) examine existing programmatic and 

13 technology best practices adopted by the Federal 

14 Government, industry, and research institutions 

15 to implement solutions that are validated and 

16 cost-effective; 

17 ‘‘(F) develop a timeline for deploying work18 place monitoring technologies, employee aware19 ness campaigns, and education and training 

20 programs related to identifying, preventing, 

21 mitigating, and responding to potential insider 

22 threats to the Department’s critical assets; 

23 ‘‘(G) require the Chair and Vice Chair of 

24 the Steering Committee to consult with the 

25 Under Secretary for Science and Technology and 


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1 other appropriate stakeholders to ensure the In2 sider Threat Program is informed, on an ongo3 ing basis, by current information regarding 

4 threats, beset practices, and available technology; 

5 and 

6 ‘‘(H) develop, collect, and report metrics on 

7 the effectiveness of the Department’s insider 

8 threat mitigation efforts. 

9 ‘‘(c) REPORT.—Not later than two years after the date 

10 of the enactment of this section and the biennially thereafter 

11 for the next four years, the Secretary shall submit to the 

12 Committee on Homeland Security and the Permanent Se13 lect Committee on Intelligence of the House of Representa14 tives and the Committee on Homeland Security and Gov15 ernmental Affairs and the Select Committee on Intelligence 

16 of the Senate a report on how the Department and its com17 ponents and offices have implemented the strategy developed 

18 under subsection (b)(2)(A), the status of the Department’s 

19 risk assessment of critical assets, the types of insider threat 

20 training conducted, the number of Department employees 

21 who have received such training, and information on the 

22 effectiveness of the Insider Threat Program, based on 

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

24 ‘‘(d) DEFINITIONS.—In this section: 


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1 ‘‘(1) CRITICAL ASSETS.—The term ‘critical as2 sets’ means the people, facilities, information, and 

3 technology required for the Department to fulfill its 

4 mission. 

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

6 ‘‘(A) any person who has access to classified 

7 national security information and is employed 

8 by, detailed to, or assigned to the Department, 

9 including members of the Armed Forces, experts 

10 or consultants to the Department, industrial or 

11 commercial contractors, licensees, certificate 

12 holders, or grantees of the Department, including 

13 all subcontractors, personal services contractors, 

14 or any other category of person who acts for or 

15 on behalf of the Department, as determined by 

16 the Secretary; or 

17 ‘‘(B) State, local, tribal, territorial, and 

18 private sector personnel who possess security 

19 clearances granted by the Department. 

20 ‘‘(3) INSIDER THREAT.—The term ‘insider 

21 threat’ means the threat that an insider will use his 

22 or her authorized access, wittingly or unwittingly, to 

23 do harm to the security of the United States, includ24 ing damage to the United States through espionage, 

25 terrorism, the unauthorized disclosure of classified naVerDate Sep 11 2014 23:44 Nov 02, 2015 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3361.RH H3361

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1 tional security information, or through the loss or 

2 degradation of departmental resources or capabili3 ties.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents of 

5 the Homeland Security Act of 2002 is amended by inserting 

6 after the item relating to section 103 the following new item: 

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


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Union Calendar No. 244 

114TH CONGRESS 

1ST SESSION H. R. 3361 

[Report No. 114–321] 

A BILL 

To amend the Homeland Security Act of 2002 to 

other purposes. establish the Insider Threat Program, and for 

NOVEMBER 2, 2015 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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