‘‘(C) document insider threat policies and 
controls; 
‘‘(D) conduct a baseline risk assessment of 
insider threats posed to the Department’s crit-
ical assets; 
‘‘(E) examine existing programmatic and 
technology best practices adopted by the Fed-
eral Government, industry, and research insti-
tutions to implement solutions that are vali-
dated and cost-effective; 
‘‘(F) develop a timeline for deploying work-
place monitoring technologies, employee aware-
ness 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 tech-
nology; and 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6401
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
‘‘(H) develop, collect, and report metrics 
on the effectiveness of the Department’s insider 
threat mitigation efforts. 
‘‘(c) REPORT.—Not later than 2 years after the date 
of the enactment of this section and the biennially there-
after for the next 4 years, the Secretary shall submit to 
the Committee on Homeland Security and the Permanent 
Select Committee on Intelligence of the House of Rep-
resentatives 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: 
‘‘(1) CRITICAL ASSETS.—The term ‘critical as-
sets’ means the people, facilities, information, and 
technology required for the Department to fulfill its 
mission. 
‘‘(2) INSIDER.—The term ‘insider’ means— 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6401
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
‘‘(A) any person who has access to classi-
fied national security information and is em-
ployed by, detailed to, or assigned to the De-
partment, including members of the Armed 
Forces, experts or consultants to the Depart-
ment, industrial or commercial contractors, li-
censees, certificate holders, or grantees of the 
Department, including all subcontractors, per-
sonal services contractors, or any other category 
of person who acts for or on behalf of the De-
partment, 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, includ-
ing 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 capabili-
ties.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Homeland Security Act of 2002 is amended by in-
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6401
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
serting after the item relating to section 103 the following 
new item: 
‘‘Sec. 104. Insider Threat Program.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Home-
land Security Insider Threat and Mitigation Act of 2016’’. 
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: 
‘‘SEC. 104. INSIDER THREAT PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
an Insider Threat Program within the Department, which 
shall— 
‘‘(1) provide training and education for employ-
ees of the Department to identify, prevent, mitigate, 
and respond to insider threat risks to the Depart-
ment’s critical assets; 
‘‘(2) provide investigative support regarding po-
tential insider threats that may pose a risk to the De-
partment’s critical assets; and 
‘‘(3) conduct risk mitigation activities for in-
sider threats. 
‘‘(b) STEERING COMMITTEE.— 
‘‘(1) IN GENERAL.— 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
‘‘(A) ESTABLISHMENT.—The Secretary shall 
establish a Steering Committee within the De-
partment. 
‘‘(B) MEMBERSHIP.—The membership of 
the Steering Committee shall be as follows: 
‘‘(i) The Under Secretary for Intel-
ligence and Analysis shall serve as the 
Chairperson of the Steering Committee. 
‘‘(ii) The Chief Security Officer shall 
serve as the Vice Chairperson of the Steer-
ing Committee. 
‘‘(iii) The other members of the Steer-
ing Committee shall be comprised of rep-
resentatives 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 Lib-
erties, 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 Tech-
nology Directorate, and other components or 
offices of the Department, as appropriate. 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
‘‘(C) MEETINGS.—The members of the 
Steering Committee shall meet on a regular basis 
to discuss cases and issues related to insider 
threats to the Department’s critical assets, in ac-
cordance with subsection (a). 
‘‘(2) RESPONSIBILITIES.—Not later than 1 year 
after the date of enactment of this section, the Under 
Secretary for Intelligence and Analysis and the Chief 
Security Officer, in coordination with the Steering 
Committee, shall— 
‘‘(A) develop a holistic strategy for Depart-
ment-wide efforts to identify, prevent, mitigate, 
and respond to insider threats to the Depart-
ment’s critical assets; 
‘‘(B) develop a plan to implement the in-
sider 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 programmatic and technology 
best practices adopted by the Federal Govern-
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
ment, industry, and research institutions to im-
plement solutions that are validated and cost-ef-
fective; 
‘‘(F) develop a timeline for deploying work-
place monitoring technologies, employee aware-
ness campaigns, and education and training 
programs related to identifying, preventing, 
mitigating, and responding to potential insider 
threats to the Department’s critical assets; 
‘‘(G) consult with the Under Secretary for 
Science and Technology and other appropriate 
stakeholders to ensure the Insider Threat Pro-
gram is informed, on an ongoing basis, by cur-
rent information regarding threats, best prac-
tices, and available technology; and 
‘‘(H) develop, collect, and report metrics on 
the effectiveness of the Department’s insider 
threat mitigation efforts. 
‘‘(c) DISCIPLINE OF EMPLOYEES ENGAGED IN INSIDER 
MISCONDUCT.— 
‘‘(1) IN
GENERAL.—In accordance with para-
graph (2), the head of an agency or a component of 
an agency employing an insider employee shall pro-
pose— 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
‘‘(A) for an insider employee whom an ap-
propriate entity determines knowingly or reck-
lessly engaged in insider misconduct, removal; 
and 
‘‘(B) for an insider employee whom an ap-
propriate entity determines negligently engaged 
in insider misconduct— 
‘‘(i) an adverse action that is not less 
than a 12-day suspension, with respect to 
the first instance; and 
‘‘(ii) removal, for any subsequent in-
stance. 
‘‘(2) PROCEDURES.— 
‘‘(A) NOTICE.—An insider employee against 
whom an adverse action under paragraph (1) is 
proposed is entitled to written notice. 
‘‘(B) ANSWER AND EVIDENCE.— 
‘‘(i) IN
GENERAL.—An insider em-
ployee who is notified under subparagraph 
(A) that the insider employee is the subject 
of a proposed adverse action under para-
graph (1) is entitled to 14 days following 
such notification to answer and furnish evi-
dence in support of the answer. 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
‘‘(ii) NO EVIDENCE.—After the end of 
the 14-day period described in clause (i), if 
an insider employee does not furnish evi-
dence as described in clause (i) or if the 
head of the agency or component of the 
agency employing the insider employee de-
termines that such evidence is not sufficient 
to reverse the proposed adverse action, the 
head of the agency or component of the 
agency shall carry out the adverse action. 
‘‘(C) SCOPE OF PROCEDURES.—Paragraphs 
(1) and (2) of subsection (b) and subsection (c) 
of section 7513 of title 5, United States Code, 
and paragraphs (1) and (2) of subsection (b) 
and subsection (c) of 7543 of title 5, United 
States Code, shall not apply with respect to an 
adverse action carried out under this subsection. 
‘‘(3) LIMITATION
ON
OTHER
ADVERSE
AC-
TIONS.—With respect to insider misconduct, if the 
head of the agency or component of the agency em-
ploying an insider employee carries out an adverse 
action against the insider employee under another 
provision of law, the head of the agency or component 
of the agency may carry out an additional adverse 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
action under this subsection based on the same insider 
misconduct. 
‘‘(d) REPORT.—Not later than 2 years after the date 
of the enactment of this section, and every 2 years thereafter 
for the next 4 years, the Secretary shall submit to the Com-
mittee on Homeland Security and the Permanent Select 
Committee on Intelligence of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs and the Select Committee on Intelligence of 
the Senate a report on— 
‘‘(1) how the Department and its components 
and offices have implemented the strategy developed 
under subsection (b)(2)(A); 
‘‘(2) the status of the Department’s risk assess-
ment of critical assets; 
‘‘(3) the types of insider threat training con-
ducted by the Department; 
‘‘(4) the number of employees of the Department 
who have received such training; and 
‘‘(5) information on the effectiveness of the In-
sider Threat Program, based on metrics under sub-
section (b)(2)(H). 
‘‘(e) PRESERVATION OF MERIT SYSTEM RIGHTS.— 
‘‘(1) IN
GENERAL.—The Steering Committee 
shall not seek to, and the authorities provided under 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
this section shall not be used to, deter, detect, or miti-
gate disclosures of information by Government em-
ployees or contractors that are lawful under and pro-
tected by section 17(d)(5) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 3517(d)(5)) (com-
monly known as the ‘Intelligence Community Whistle-
blower Protection Act of 1998’), chapter 12 or 23 of 
title 5, United States Code, the Inspector General Act 
of 1978 (5 U.S.C. App.), or any other whistleblower 
statute, regulation, or policy. 
‘‘(2) IMPLEMENTATION.— 
‘‘(A) IN
GENERAL.—Any activity carried 
out under this section shall be subject to section 
115 of the Whistleblower Protection Enhance-
ment Act of 2012 (5 U.S.C. 2302 note). 
‘‘(B) REQUIRED STATEMENT.—Any activity 
to implement or enforce any insider threat activ-
ity or authority under this section or Executive 
Order 13587 (50 U.S.C. 3161 note) shall include 
the statement required by section 115 of the 
Whistleblower Protection Enhancement Act of 
2012 (5 U.S.C. 2302 note) that preserves rights 
under whistleblower laws and section 7211 of 
title 5, United States Code, protecting commu-
nications with Congress. 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE ENTITY.—The term ‘appro-
priate entity’ means— 
‘‘(A) the head of an agency or a component 
of an agency; 
‘‘(B) an administrative law judge; 
‘‘(C) the Merit Systems Protection Board; 
‘‘(D) the Office of Special Counsel; 
‘‘(E) an adjudicating body provided under 
a union contract; 
‘‘(F) a Federal judge; and 
‘‘(G) the Inspector General of the Depart-
ment. 
‘‘(2) CRITICAL ASSETS.—The term ‘critical as-
sets’ means the people, facilities, information, and 
technology required for the Department to fulfill its 
mission. 
‘‘(3) EMPLOYEE.—The term ‘employee’ means an 
employee, as defined under section 7103(a) of title 5, 
United States Code. 
‘‘(4) 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 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
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. 
‘‘(5) INSIDER EMPLOYEE.—The term ‘insider em-
ployee’ means an insider who is an employee. 
‘‘(6) INSIDER MISCONDUCT.—The term ‘insider 
misconduct’ means harm to the security of the United 
States, including damage to the United States 
through espionage, terrorism, or the unauthorized dis-
closure of classified national security information, or 
through the loss or degradation of departmental re-
sources or capabilities, through use of authorized ac-
cess by an insider employee. 
‘‘(7) INSIDER
THREAT.—The term ‘insider 
threat’ means the threat that an insider will use the 
authorized access of the insider, wittingly or unwit-
tingly, to do harm to the security of the United 
States, including damage to the United States 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
through espionage, terrorism, or the unauthorized dis-
closure of classified national security information, or 
through the loss or degradation of departmental re-
sources or capabilities. 
‘‘(8) STEERING COMMITTEE.—The term ‘Steering 
Committee’ means the Steering Committee established 
under subsection (b)(1)(A).’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
the Homeland Security Act of 2002 is amended by inserting 
after the item relating to section 103 the following: 
‘‘Sec. 104. Insider Threat Program.’’. 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6213
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS
Calendar No. 553 
114TH CONGRESS 
2D SESSION 
H. R. 3361 
[Report No. 114–297] 
AN ACT 
To amend the Homeland Security Act of 2002 to 
establish the Insider Threat Program, and for 
other purposes. 
JULY 12, 2016 
Reported with an amendment 
VerDate Sep 11 2014 
00:11 Jul 13, 2016
Jkt 059200
PO 00000
Frm 00018
Fmt 6651
Sfmt 6651
E:\BILLS\H3361.RS
H3361
smartinez on DSK3GLQ082PROD with BILLS