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1 [1] (June 7, 2024)

handle is hein.crs/govepfs0001 and id is 1 raw text is: Congressional Research Service Informing the leg k~tiv~ debate since 1914 June 7, 2024 Department of Energy's Office of Intelligence and Counterintelligence (OICI) Background The Department of Energy's Office of Intelligence and Counterintelligence (OICI) can trace its origins to the Second World War, when the U.S. government sought to collect intelligence on German efforts to develop a nuclear weapon while safeguarding the secrecy of its own Manhattan Project. OICI's antecedents had both foreign intelligence collection and counterintelligence responsibilities, which OICI retains. In 1946, Congress, in P.L. 79-585, established the Atomic Energy Commission (AEC), the forerunner of the Department of Energy (DOE). The AEC, in turn, established the Office of Security and Intelligence for liaison with the congressional Joint Committee on Atomic Energy, and elements of the intelligence community, including the Central Intelligence Agency (CIA) and Federal Bureau of Investigation (FBI). The office was also responsible for providing physical security as well as the establishment of security standards, policies, and procedures. In 1974, Congress enacted the Energy Reorganization Act (P.L. 93-438). The Act dissolved the AEC, splitting its functions between two new entities, the Nuclear Regulatory Commission (NRC, responsible for regulating the nuclear power industry), and the Energy Research and Development Administration (ERDA, responsible for managing U.S. nuclear research and development, nuclear weapons, and nuclear reactors). The ERDA inherited the AEC's foreign intelligence and counterintelligence responsibilities under an Assistant Administrator for National Security. Intellience and Counterintemgence w thin the New Department of nergy In 1977, Congress enacted the Department of Energy Organization Act (P.L. 95-91), which established the DOE by bringing together 40 existing government organizations into a single department that would oversee and support U.S. energy programs, research and development, and infrastructure. These included the NRC, ERDA, national laboratories, and other facilities. DOE's bureaucracy posed challenges in managing physical security, protecting classified information, screening personnel, and monitoring foreign visitors. In 1992, through a provision of the Intelligence Authorization Act (IAA) for Fiscal Year 1993 (P.L. 102- 496), Congress amended the statutory definition of the intelligence community to include the DOE's intelligence and counterintelligence organization. This gave the Director of Central Intelligence (DCI) oversight authority over DOE's foreign intelligence and counterintelligence activities, complementing both DOE internal and congressional oversight. Presidential Decson Directive-61 In February 1998, President Clinton, concerned that China had penetrated U.S. nuclear weapons laboratories, and acting on recommendations of the National Counterintelligence Policy Board (NACIPB), issued Presidential Decision Directive-61 (PDD-61). Among other things, PDD-61 reorganized the foreign intelligence and counterintelligence component of DOE into two separate offices-the Office of Counterintelligence and the Office of Intelligence-which would each report directly to the Energy Secretary. PDD-61 also mandated the Office of Counterintelligence be headed by a senior FBI official, who, in addition to the Energy Secretary, would have direct access to the DCI and the Director of the FBI. Natiana Defense Authorization Act for Fiscal Year 2000 Congress codified PDD-61 reforms in the National Defense Authorization Act (NDAA) for Fiscal Year 2000 (P.L. 106- 65), including provisions that required DOE to maintain an Office of Counterintelligence-under the directorship of a senior official detailed from the FBI-as well as a separate Office of Intelligence. The legislation further established within the department the semi-autonomous National Nuclear Security Administration (NNSA), headed by an Administrator and responsible for U.S. military nuclear programs, including nuclear weapons and reactor safety, reliability, security, and research and development. Other provisions in the NDAA for FY2000 created a second, parallel, counterintelligence structure within NNSA. This office, called the Office of Defense Nuclear Counterintelligence, was responsible for implementing, at NNSA facilities, policy developed by the DOE Office of Counterintelligence. Arguably, these changes created more complex lines of authority and accountability for counterintelligence policy implementation within the department: one entity, the Office of Counterintelligence, reported directly to the Energy Secretary, and the other, the NNSA's Office of Defense Nuclear Counterintelligence, to the NNSA Administrator. The Senate Select Committee on Intelligence in 2002 noted the two offices shared the same program staff at DOE headquarters and manage their field programs at sites delineated along lines of the NNSA/DOE organization. However, although the sites are characterized as 0

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