[Congressional Record Volume 157, Number 190 (Monday, December 12, 2011)]
[House]
[Pages H8356-H8726]


CONFERENCE REPORT ON H.R. 1540, NATIONAL DEFENSE AUTHORIZATION ACT FOR
                            FISCAL YEAR 2012

  Mr. McKEON submitted the following conference report and statement on
the bill (H.R. 1540) to authorize appropriations for fiscal year 2012
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.

                  Conference Report (H. Rept. 112-329)

[...]

     SEC. 922. INSIDER THREAT DETECTION.

       (a) Program Required.--The Secretary of Defense shall
     establish a program for information sharing protection and
     insider threat mitigation for the information systems of the
     Department of Defense to detect unauthorized access to, use
     of, or transmission of classified or controlled unclassified
     information.
       (b) Elements.--The program established under subsection (a)
     shall include the following:
       (1) Technology solutions for deployment within the
     Department of Defense that allow for centralized monitoring
     and detection of unauthorized activities, including--
       (A) monitoring the use of external ports and read and write
     capability controls;
       (B) disabling the removable media ports of computers
     physically or electronically;
       (C) electronic auditing and reporting of unusual and
     unauthorized user activities;
       (D) using data-loss prevention and data-rights management
     technology to prevent the unauthorized export of information
     from a network or to render such information unusable in the
     event of the unauthorized export of such information;
       (E) a roles-based access certification system;
       (F) cross-domain guards for transfers of information
     between different networks; and
       (G) patch management for software and security updates.
       (2) Policies and procedures to support such program,
     including special consideration for policies and procedures
     related to international and interagency partners and
     activities in support of ongoing operations in areas of
     hostilities.
       (3) A governance structure and process that integrates
     information security and sharing technologies with the
     policies and procedures referred to in paragraph (2). Such
     structure and process shall include--
       (A) coordination with the existing security clearance and
     suitability review process;
       (B) coordination of existing anomaly detection techniques,
     including those used in counterintelligence investigation or
     personnel screening activities; and

[[Page H8429]]

       (C) updating and expediting of the classification review
     and marking process.
       (4) A continuing analysis of--
       (A) gaps in security measures under the program; and
       (B) technology, policies, and processes needed to increase
     the capability of the program beyond the initially
     established full operating capability to address such gaps.
       (5) A baseline analysis framework that includes measures of
     performance and effectiveness.
       (6) A plan for how to ensure related security measures are
     put in place for other departments or agencies with access to
     Department of Defense networks.
       (7) A plan for enforcement to ensure that the program is
     being applied and implemented on a uniform and consistent
     basis.
       (c) Operating Capability.--The Secretary shall ensure the
     program established under subsection (a)--
       (1) achieves initial operating capability not later than
     October 1, 2012; and
       (2) achieves full operating capability not later than
     October 1, 2013.
       (d) Report.--Not later than 90 days after the date of the
     enactment of this Act, the Secretary shall submit to the
     congressional defense committees a report that includes--
       (1) the implementation plan for the program established
     under subsection (a);
       (2) the resources required to implement the program;
       (3) specific efforts to ensure that implementation does not
     negatively impact activities in support of ongoing operations
     in areas of hostilities;
       (4) a definition of the capabilities that will be achieved
     at initial operating capability and full operating
     capability, respectively; and
       (5) a description of any other issues related to such
     implementation that the Secretary considers appropriate.
       (e) Briefing Requirement.--The Secretary shall provide
     briefings to the Committees on Armed Services of the House of
     Representatives and the Senate as follows:
       (1) Not later than 90 days after the date of the enactment
     of this Act, a briefing describing the governance structure
     referred to in subsection (b)(3).
       (2) Not later than 120 days after the date of the enactment
     of this Act, a briefing detailing the inventory and status of
     technology solutions deployment referred to in subsection
     (b)(1), including an identification of the total number of
     host platforms planned for such deployment, the current
     number of host platforms that provide appropriate security,
     and the funding and timeline for remaining deployment.
       (3) Not later than 180 days after the date of the enactment
     of this Act, a briefing detailing the policies and procedures
     referred to in subsection (b)(2), including an assessment of
     the effectiveness of such policies and procedures and an
     assessment of the potential impact of such policies and
     procedures on information sharing within the Department of
     Defense and with interagency and international partners.
       (f) Budget Submission.--On the date on which the President
     submits to Congress the budget under section 1105 of title
     31, United States Code, for each of fiscal years 2014 through
     2019, the Secretary of Defense shall submit to the
     congressional defense committees an identification of the
     resources requested in such budget to carry out the program
     established under subsection (a).

[...]

     Insider threat detection (sec. 922)
       The House bill contained a provision (sec. 922) that would
     require the Secretary of Defense to establish a program for
     information sharing protection and insider threat mitigation,
     and to provide the congressional defense committees regular
     briefings on the Secretary's strategy, strategy
     implementation, and associated resources. In addition, annual
     budget submissions must include identification of the
     resources requested for the program.
       The Senate amendment contained a similar provision (sec.
     932).
       The Senate recedes with an amendment that would
     include several procedural and technical options for
     countering the insider threat that were contained in the
     Senate provision.
       The conferees concur with the admonishment contained in the
     Senate provision for the Department of Defense to fully
     integrate its program to counter the insider threat with its
     overall cybersecurity strategy and programs because of the
     high degree of overlap between the two challenges.

[...]