Selected Aspects of the Department of Energy's Activities Involving the Foreign Intelligence Surveillance Act   [open pdf - 125KB]

"In conjunction with the Department of Energy's (DOE'S) role as part of the U.S. intelligence community, the Office of Intelligence and Counterintelligence (IN) provides technical intelligence analyses on all aspects of foreign nuclear weapons, nuclear materials, and energy issues. IN has played an increasingly significant role in a number of intelligence related areas, such as counter-proliferation, counterintelligence, cyber security, and combating nuclear terrorism. The Foreign Intelligence Surveillance Act (FISA) of 1978, as amended on July 10, 2008, placed certain review requirements on the Inspectors General of each element of the intelligence community authorized to acquire foreign intelligence information by targeting certain persons outside of the U.S. [...] We initiated an inspection of selected aspects of IN'S FISA support activities. Our field work included interviews with several Headquarters intelligence and counterintelligence officers and managers who had corporate knowledge of intelligence activities throughout the Department, as well as employees of the FBI, the Department of Justice, and the Central Intelligence Agency. We reviewed the four cases IN identified as having been referred by the FBI for analysis of raw data collected under FISA court orders, as well as applicable IN policies and procedures. Our inspection did not disclose any evidence that IN handled FISA-related casework in a manner that was inconsistent with FISA. [...] We did find, however, that one of the four FISA cases the FBI referred for analysis was not completed in a timely manner and IN management was not aware of this situation. We also found that IN did not have written procedures for processing FISA cases and lacked any IN-wide process for tracking and following up on FISA cases."

Report Number:
INS-L-09-05; S09IS014
Public Domain
Retrieved From:
United States Department of Energy, Office of Inspector General: http://www.ig.doe.gov/
Media Type:
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