
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7144b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
               SUBCHAPTER II--ESTABLISHMENT OF DEPARTMENT
 
Sec. 7144b. Office of Counterintelligence


(a) Establishment

    There is within the Department an Office of Counterintelligence.

(b) Director

    (1) The head of the Office shall be the Director of the Office of 
Counterintelligence, which shall be a position in the Senior Executive 
Service. The Director of the Office shall report directly to the 
Secretary.
    (2) The Secretary shall select the Director of the Office from among 
individuals who have substantial expertise in matters relating to 
counterintelligence.
    (3) The Director of the Federal Bureau of Investigation may detail, 
on a reimbursable basis, any employee of the Bureau to the Department 
for service as Director of the Office. The service of an employee of the 
Bureau as Director of the Office shall not result in any loss of status, 
right, or privilege by the employee within the Bureau.

(c) Duties

    (1) The Director of the Office shall be responsible for establishing 
policy for counterintelligence programs and activities at Department 
facilities in order to reduce the threat of disclosure or loss of 
classified and other sensitive information at such facilities.
    (2) The Director of the Office shall be responsible for establishing 
policy for the personnel assurance programs of the Department.
    (3) The Director shall inform the Secretary, the Director of Central 
Intelligence, and the Director of the Federal Bureau of Investigation on 
a regular basis, and upon specific request by any such official, 
regarding the status and effectiveness of the counterintelligence 
programs and activities at Department facilities.

(d) Annual reports

    (1) Not later than March 1 each year, the Director of the Office 
shall submit a report on the status and effectiveness of the 
counterintelligence programs and activities at each Department facility 
during the preceding year. Each such report shall be submitted to the 
following:
        (A) The Secretary.
        (B) The Director of Central Intelligence.
        (C) The Director of the Federal Bureau of Investigation.
        (D) The Committee on Armed Services and the Permanent Select 
    Committee on Intelligence of the House of Representatives.
        (E) The Committee on Armed Services and the Select Committee on 
    Intelligence of the Senate.

    (2) Each such report shall include for the year covered by the 
report the following:
        (A) A description of the status and effectiveness of the 
    counterintelligence programs and activities at Department 
    facilities.
        (B) A description of any violation of law or other requirement 
    relating to intelligence, counterintelligence, or security at such 
    facilities, including--
            (i) the number of violations that were investigated; and
            (ii) the number of violations that remain unresolved.

        (C) A description of the number of foreign visitors to 
    Department facilities, including the locations of the visits of such 
    visitors.
        (D) The adequacy of the Department's procedures and policies for 
    protecting national security information, making such 
    recommendations to Congress as may be appropriate.
        (E) A determination of whether each Department of Energy 
    national laboratory is in full compliance with all departmental 
    security requirements and, in the case of any such laboratory that 
    is not, what measures are being taken to bring that laboratory into 
    compliance.

    (3) Not less than 30 days before the date that the report required 
by paragraph (1) is submitted, the director of each Department of Energy 
national laboratory shall certify in writing to the Director of the 
Office whether that laboratory is in full compliance with all 
departmental security requirements and, if not, what measures are being 
taken to bring that laboratory into compliance and a schedule for 
implementing those measures.
    (4) Each report under this subsection as submitted to the committees 
referred to in subparagraphs (D) and (E) of paragraph (1) shall be 
submitted in unclassified form, but may include a classified annex.

(Pub. L. 95-91, title II, Sec. 215, as added Pub. L. 106-65, div. C, 
title XXXII, Sec. 3204(a), Oct. 5, 1999, 113 Stat. 955.)


                             Effective Date

    Section effective Oct. 5, 1999, see section 3299 of Pub. L. 106-65, 
set out as a note under section 2401 of Title 50, War and National 
Defense.
