Reporting Requirements for Former DOE-IN Employees

Reporting Requirements for Former DOE-IN Employees

If you previously worked in a sensitive role for the Department of Energy’s Office of Intelligence and Counterintelligence (DOE-IN), you may be required to follow specific rules after leaving your job. Here’s what you need to know:

 

Select DOE-IN former employees are required to comply with provisions in 50 U.S.C. 3073a and ICD 712. The below information and e-mail contact is provided for those employees who are required to report post service employment. 

What is a Covered Intelligence Position?

A position within an element of the Intelligence Community such as DOE-IN that, based on the level of access of a person occupying such position to information regarding sensitive intelligence sources or methods or other exceptionally sensitive matters, the Director determines should be subject to the requirements of 50 U.S.C. 3073a, ICD 712, and INPG-712.1.

NOTE: You will be instructed during hiring, employment or offboarding if your position is considered “covered” as it relates to Post-Employment Reporting. 

What is a Covered Post-Service Position?

Covered post-service employment: Direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to, the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country.

What are the Requirements for Former Employees Holding Covered Positions?

Restrictions: An employee of DOE-IN who occupies a covered intelligence position may not occupy a covered post-service position: 

  1. For a designated prohibited foreign country (The People's Republic of China, Russian Federation, Democratic People's Republic of Korea, Islamic Republic of Iran, Republic of Cuba, and Syrian Arab Republic) following the date on which the employee ceases to occupy the covered intelligence position ("permanent restriction"); or
  2. During the 30-month period following the date on which the employee ceases to occupy the covered intelligence position ("temporary restriction").

Reporting: Any former employee who has occupied a covered intelligence position and intends to commence covered post-service employment shall:

  1. Obtain, if necessary, a waiver of the relevant restriction that satisfies the requirements of section D.2 of ICD 712;
  2. Report covered post-service employment to DOE-IN upon accepting such covered post-service employment, whether during or after any period requiring a waiver; and
  3. Annually (or more frequently if the head of such element considers it appropriate) report covered post-service employment to the head of such element.

Waivers: On a case-by-case basis, the DNI or DNI designee may temporarily waive requirements through the waiver process administered by DOE-IN.

References: 

To Report Relevant Post-Service Employment Or Request A Waiver: 

Send an e-mail to [email protected].