§2410 — Title 50 War and National Defense | U.S. Code

Summary

Requires Administration officers and employees to answer only to the Secretary of Energy (acting through the Administrator and in line with section 7132(c)(3) of title 42), the Administrator, or the Administrator’s designee. They must not take orders from any other Department of Energy staff. Contractor employees working for the Administration must also not be under the control of DOE staff who are not in the Administration, except the Secretary of Energy under section 7132(c)(3) of title 42. The rule does not stop leaders or contractor staff at national security labs or nuclear weapons plants from sharing technical findings with the Department of Energy, the President, or Congress. A person may not hold an Administration job and a separate DOE job outside the Administration at the same time, except under sections 2402(a)(2) and 2406(a)(1), and no funds may pay someone for both jobs. Staff doing intelligence or counterintelligence must follow the Secretary of Energy or the Secretary’s delegate.

Title 50, §2410

War and National Defense — Source: USLM XML via OLRC

(a)Each officer or employee of the Administration—

(1)shall be responsible to and subject to the authority, direction, and control of—

(A)the Secretary acting through the Administrator and consistent with section 7132(c)(3) of title 42;

(B)the Administrator; or

(C)the Administrator’s designee within the Administration; and

(2)shall not be responsible to, or subject to the authority, direction, or control of, any other officer, employee, or agent of the Department of Energy.

(b)Each officer or employee of a contractor of the Administration shall not be responsible to, or subject to the authority, direction, or control of, any officer, employee, or agent of the Department of Energy who is not an employee of the Administration, except for the Secretary of Energy consistent with section 7132(c)(3) of title 42.

(c)Subsections (a) and (b) may not be interpreted to in any way preclude or interfere with the communication of technical findings derived from, and in accord with, duly authorized activities between—

(1)the head, or any contractor employee, of a national security laboratory or of a nuclear weapons production facility; and

(2)the Department of Energy, the President, or Congress.

(d)Except in accordance with section 2402(a)(2) and 2406(a)(1) of this title:

(1)An individual may not concurrently hold or carry out the responsibilities of—

(A)a position within the Administration; and

(B)a position within the Department of Energy not within the Administration.

(2)No funds appropriated or otherwise made available for any fiscal year may be used to pay, to an individual who concurrently holds or carries out the responsibilities of a position specified in paragraph (1)(A) and a position specified in paragraph (1)(B), the basic pay, salary, or other compensation relating to any such position.

(e)Notwithstanding the restrictions of subsections (a) and (b), each officer or employee of the Administration, or of a contractor of the Administration, who is carrying out activities related to intelligence or counterintelligence shall, in carrying out those activities, be subject to the authority, direction, and control of the Secretary of Energy or the Secretary’s delegate.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 2403 of this title.

Amendments

2014—Subsec. (c). Pub. L. 113–291 substituted “activities between—” for “activities between” before par. (1) designation and “; and” for “, and” at end of par. (1) and realigned margins of pars. (1) and (2). 2013—Subsecs. (a)(1)(A), (b). Pub. L. 113–66 made technical amendment to reference in original act which appears in text as reference to section 7132(c)(3) of title 42. 2009—Subsec. (e). Pub. L. 111–84 amended Pub. L. 109–364, § 3117(a). See 2006 Amendment note below. 2006—Subsec. (e). Pub. L. 109–364, § 3117(a), which, in par. (2), directed repeal of subsec. (e) effective Sept. 30, 2010, was amended generally by Pub. L. 111–84, and as so amended, no longer contains a par. (2) or amends this section. Pub. L. 109–364, § 3117(d), added subsec. (e). 2000—Subsec. (a). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3157(1)], struck out “Administration, in carrying out any function of the” after “employee of the” in introductory provisions. Subsec. (b). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3157(2)], struck out “, in carrying out any function of the Administration,” after “contractor of the Administration”. Subsec. (d). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3157(3)], added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2410 Status of Administration and contractor personnel within Department of Energy