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The Department of Energy (DOE) has stewardship of vital national security capabilities, from nuclear weapons to leading edge research and development projects. These capabilities, and related DOE programs, are important not only to the strength of our Nation, but within the framework of international cooperation, to the lessening of global threats. We must therefore ensure the security of these critical programs through the application of an effective and coordinated counterintelligence (CI) program. To enhance counterintelligence capabilities at DOE, President Clinton directed in February 1998 that the following initiatives be implemented:

The CI and foreign intelligence (FI) elements of DOE will be reconfigured into two independent offices, which will report directly to the Secretary of Energy. The Secretary may delegate regular management of these two offices to the Deputy Secretary.

The Director of the new Office of CI (OCI) will be a senior executive from the Federal Bureau of Investigation (FBI). The OCI will be staffed by DOE CI professionals, augmented by detailees from other Intelligence Community agencies as appropriate.

The Director, OCL will have direct access to the Secretary of Energy, the Director of Central Intelligence (DCI), and the Director, FBI.

All CI and FI activities at DOE and the laboratories will continue to be included in the National Foreign Intelligence Program and, as such, are subject to policy and programmatic guidance by the DCI and applicable Congressional oversight.

The laboratory directors will be directly accountable to the Secretary of Energy for the performance of the CI program at their locations. Existing DOE contracts with the labs will be amended to include CI program goals and objectives and performance measures to evaluate compliance with those contractual obligations. CI personnel assigned to the laboratories will have direct access to the laboratory directors and will concurrently report to the Director, OCI. CI oversight functions previously designated to DOE operations and field offices will revert to the OCI.

The National CI Policy Board (NACIPB) will oversee implementation of the Directive and will continue to coordinate and/or provide other CI community resources, support and oversight to the DOE CI program as needed.

When appropriate, the NACIPB may refer problems and concerns not resolved by the NACIPB and Director, OCI, to the Energy Security Management Board, established by the National Defense Authorization Act for Fiscal Year 1998.

The incoming Director, OCI, will prepare a report for the Secretary of Energy ninety days after his arrival, to include progress on the initiative, a strategic plan for achieving long–term goals, and recommendations on whether and to what extent other organizational changes may be necessary to strengthen CI. In preparing the report, the Director will consult with laboratory directors and other appropriate DOE personnel.

The Director, OCI, will initiate an internal inspection process to review annually DOE’s CI program and provide results to the Secretary of Energy.

The Secretary of Defense, Attorney General, DCI, and Director, FBI, as involved principals, will provide support to the Secretary of Energy in the implementation of the directive and continuation of an effective CI program. Such support will include provision of personnel, investigative and analytic resources. These principals will receive copies of the initial ninety–day report of the Director, OCI, the annual inspection reports of the CI program and any reports generated by the Director, OCI, concerning significant policy or operational issues.

The new CI and FI offices will ensure that their operational and analytic efforts and results are integrated, mutually and throughout DOE and the laboratories, to provide the greatest level of protection to our national security interests. The OCI and DOE Office of Security Affairs will, in coordination, develop and implement specific security measures to reduce the threat to classified and sensitive information at DOE, its field activities and the national laboratories. The Office of Security Affairs will provide timely notification to the OCI of any potential CI problems developed through these procedures.

The Secretary of Energy will establish an Office of Foreign Visits and Assignments at DOE Headquarters to facilitate the participation of qualified foreign nationals in DOE projects. The Secretary will develop procedures and practices for this Office which will meet the needs of DOE’s vital national security programs while providing protection from possible foreign threats.

Within 120 days, the Secretary of Energy will advise the Assistant to the President for National Security Affairs on the actions taken and specific remedies designed to implement this directive.

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