Inspection Report: IG-0852

The collection, retention and dissemination of intelligence data involving U.S. Persons is
generally governed by Presidential Executive Order (E.O.) 12333, United States Intelligence
Activities, July 2008, as amended. U.S. Persons include United States citizens, aliens known to
be permanent resident aliens, or companies incorporated in the United States. The E.O., which
emphasizes protecting the legal rights of all U.S. Persons, authorizes Federal entities to collect
information to protect the Nation against threats of espionage, terrorism and the use of weapons
of mass destruction.
Within the Department of Energy, the Office of Intelligence and Counterintelligence (CI) is
responsible for collecting, reviewing, analyzing, investigating and acting on concerns ranging
from foreign intelligence to potential and actual terrorist activities. As part of its process, CI
established what it termed "SPOT Reports" as an urgent communications system to capture
intelligence data of national-level significance (emphasis supplied). The stated purpose was to:
(1) improve the sharing of such information; and, (2) enhance incident awareness. The
Department's procedures regarding treatment of information it collects on U.S. Persons require
that unless a foreign nexus can be established, such information is not to be retained beyond
established timeframes.
The Office of Inspector General received an allegation that the rights of U.S. Persons had been
violated during the course of current Department intelligence gathering efforts. In response, we
initiated a review of the facts and circumstances surrounding the allegation.