§7144b. Office of Intelligence and Counterintelligence

(a) Definitions

In this section, the terms "intelligence community" and "National Intelligence Program" have the meanings given such terms in section 3003 of title 50.

(b) In general

There is in the Department an Office of Intelligence and Counterintelligence. Such office shall be under the National Intelligence Program.

(c) Director

(1) The head of the Office shall be the Director of the Office of Intelligence and Counterintelligence, who shall be an employee in the Senior Executive Service, the Senior Intelligence Service, the Senior National Intelligence Service, or any other Service that the Secretary, in coordination with the Director of National Intelligence, considers appropriate. The Director of the Office shall report directly to the Secretary.

(2) The Secretary shall select an individual to serve as the Director from among individuals who have substantial expertise in matters relating to the intelligence community, including foreign intelligence and counterintelligence.

(d) Duties

(1) Subject to the authority, direction, and control of the Secretary, the Director shall perform such duties and exercise such powers as the Secretary may prescribe.

(2) The Director shall be responsible for establishing policy for intelligence and counterintelligence programs and activities at the Department.

(3) The Director shall develop and implement-

(A) a plan and cost assessment for delineated and standardized counterintelligence training for all personnel who interact with classified and sensitive military technology and dual-use commercial technology in the Department; and

(B) a delineated and standardized training plan to train officers in the Office of Intelligence and Counterintelligence who have counterintelligence responsibilities on counterintelligence skills and practices.

(Pub. L. 95–91, title II, §215, as added Pub. L. 106–65, div. C, title XXXII, §3204(a), Oct. 5, 1999, 113 Stat. 955 ; amended Pub. L. 109–364, div. C, title XXXI, §3117(f), Oct. 17, 2006, 120 Stat. 2508 ; Pub. L. 116–92, div. E, title LXIV, §6421(a), Dec. 20, 2019, 133 Stat. 2199 ; Pub. L. 118–159, div. F, title LXIII, §6309(a), Dec. 23, 2024, 138 Stat. 2477 .)

Editorial Notes

Amendments

2024-Subsec. (d)(3). Pub. L. 118–159 added par. (3).

2019-Pub. L. 116–92 amended section generally. Prior to amendment, section related to establishment, director, duties, and annual reports of the Office of Counterintelligence.

2006-Subsec. (b)(1). Pub. L. 109–364 substituted "who shall be an employee in the Senior Executive Service, the Senior Intelligence Service, the Senior National Intelligence Service, or any other Service that the Secretary, in coordination with the Director of National Intelligence, considers appropriate" for "which shall be a position in the Senior Executive Service".

Statutory Notes and Related Subsidiaries

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.

Office of Intelligence and Counterintelligence Review of Visitors and Assignees

Pub. L. 118–159, div. F, title LXIV, §6432, Dec. 23, 2024, 138 Stat. 2488 , provided that:

"(a) Definitions.-In this section:

"(1) Appropriate congressional committees.-The term 'appropriate congressional committees' means-

"(A) the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives];

"(B) the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and

"(C) the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives.

"(2) Country of risk.-The term 'country of risk' means-

"(A) the People's Republic of China;

"(B) the Russian Federation;

"(C) the Islamic Republic of Iran; and

"(D) the Democratic People's Republic of Korea.

"(3) Covered assignee; covered visitor.-The terms 'covered assignee' and 'covered visitor' mean a foreign national from a country of risk who-

"(A) is not an employee of either the Department of Energy or the management and operations contractor operating a National Laboratory on behalf of the Department of Energy; and

"(B) has requested access to the premises, information, or technology of a National Laboratory.

"(4) Director.-The term 'Director' means the Director of the Office of Intelligence and Counterintelligence of the Department of Energy (or their designee).

"(5) Foreign national.-The term 'foreign national' has the meaning given the term 'alien' in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

"(6) National laboratory.-The term 'National Laboratory' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

"(7) Nontraditional intelligence collection.-The term 'nontraditional intelligence collection' means a risk posed by an individual not employed by a foreign intelligence service, who is seeking access to information about a capability, research, or organizational dynamics of the United States to inform a foreign adversary or non-state actor.

"(b) Policy for Review of Covered Visitor and Covered Assignee Access Requests.-(1) The Director shall, in consultation with the applicable Under Secretary of the Department of Energy that oversees the National Laboratory, or their designee, promulgate a policy to assess the counterintelligence risk that covered visitors or covered assignees pose to the research or activities undertaken at a National Laboratory.

"(2) Prior to being granted access to the premises, information, or technology of a National Laboratory, a covered visitor or covered assignee should be appropriately screened by the National Laboratory and the Office of Intelligence and Counterintelligence of the Department in accordance with the policy promulgated under paragraph (1).

"(c) Advice With Respect to Covered Visitors or Covered Assignees.-

"(1) In general.-The Director shall provide advice to a National Laboratory on covered visitors and covered assignees when 1 or more of the following conditions are present:

"(A) The Director has reason to believe that a covered visitor or covered assignee poses a nontraditional intelligence collection risk.

"(B) The Director is in receipt of information indicating that a covered visitor or covered assignee poses a counterintelligence risk to a National Laboratory.

"(2) Advice described.-Advice provided to a National Laboratory in accordance with paragraph (1) shall include a description of the assessed risk.

"(3) Risk mitigation.-When appropriate, the Director shall, in consultation with the Secretary of Energy, or the Secretary's designee, provide recommendations to mitigate the assessed risk as part of the advice provided in accordance with paragraph (1).

"(d) Reports to Congress.-Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], and quarterly thereafter, the Secretary of Energy shall submit to the appropriate congressional committees a report, which shall include-

"(1) the number of covered visitors or covered assignees permitted to access the premises, information, or technology of each National Laboratory during the previous quarter;

"(2) the number of instances in which the Director provided advice to a National Laboratory in accordance with subsection (c) during the previous quarter; and

"(3) the number of instances in which a National Laboratory took action inconsistent with advice provided by the Director in accordance with subsection (c) during the previous quarter.

"(e) Funding.-The Secretary of Energy may expend such sums as are authorized to be appropriated for the purposes detailed in this section."