§2422. Office of Defense Nuclear Counterintelligence and Office of Defense Nuclear Security
(a) Establishment
(1) There are within the Administration-
(A) an Office of Defense Nuclear Counterintelligence; and
(B) an Office of Defense Nuclear Security.
(2) Each office established under paragraph (1) shall be headed by a Chief appointed by the Secretary of Energy. The Administrator shall recommend to the Secretary suitable candidates for each such position.
(b) Chief of Defense Nuclear Counterintelligence
(1) The head of the Office of Defense Nuclear Counterintelligence is the Chief of Defense Nuclear Counterintelligence, who shall report to the Administrator and shall implement the counterintelligence policies directed by the Secretary and Administrator.
(2) The Secretary shall appoint the Chief, in consultation with the Director of the Federal Bureau of Investigation, from among individuals who have special expertise in counterintelligence. If an individual to serve as the Chief of Defense Nuclear Counterintelligence is a Federal employee of an entity other than the Administration, the service of that employee as Chief shall not result in any loss of employment status, right, or privilege by that employee.
(3) The Chief shall have direct access to the Secretary and all other officials of the Department and the contractors of the Department concerning counterintelligence matters.
(4) The Chief shall be responsible for-
(A) the development and implementation of the counterintelligence programs of the Administration to prevent the disclosure or loss of classified or other sensitive information; and
(B) the development and administration of personnel assurance programs within the Administration.
(c) Chief of Defense Nuclear Security
(1) The head of the Office of Defense Nuclear Security is the Chief of Defense Nuclear Security, who shall report to the Administrator and shall implement the security policies directed by the Secretary and Administrator.
(2) The Chief shall have direct access to the Secretary and all other officials of the Department and the contractors of the Department concerning security matters.
(3) The Chief shall be responsible for the development and implementation of security programs for the Administration, including the protection, control and accounting of materials, and for the physical and cyber security for all facilities of the Administration.
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