§7252. Delegation

Except as otherwise expressly prohibited by law, and except as otherwise provided in this chapter, the Secretary may delegate any of his functions to such officers and employees of the Department as he may designate, and may authorize such successive redelegations of such functions within the Department as he may deem to be necessary or appropriate.

( Pub. L. 95–91, title VI, §642, Aug. 4, 1977, 91 Stat. 599 .)

Reorganization of Field Activities and Management of National Security Functions

Pub. L. 104–206, title III, §302, Sept. 30, 1996, 110 Stat. 2999 , provided that: "None of the funds appropriated by this or any other Act may be used to implement section 3140 of H.R. 3230 as reported by the Committee of Conference on July 30, 1996 [Pub. L. 104–201, set out below]. The Secretary of Energy shall develop a plan to reorganize the field activities and management of the national security functions of the Department of Energy and shall submit such plan to the Congress not later than 120 days after the date of enactment of this Act [Sept. 30, 1996]. The plan will specifically identify all significant functions performed by the Department's national security operations and area offices and make recommendations as to where those functions should be performed."

Pub. L. 104–201, div. C, title XXXI, §3140, Sept. 23, 1996, 110 Stat. 2833 , provided that:

"(a) Limitation on Delegation of Authority.-(1) The Secretary of Energy, in carrying out national security programs, may delegate specific management and planning authority over matters relating to site operation of the facilities and laboratories covered by this section only to the Assistant Secretary of Energy for Defense Programs. Such Assistant Secretary may redelegate such authority only to managers of area offices of the Department of Energy located at such facilities and laboratories.

"(2) Nothing in this section may be construed as affecting the delegation by the Secretary of Energy of authority relating to reporting, management, and oversight of matters relating to the Department of Energy generally, or safety, environment, and health at such facilities and laboratories.

"(b) Requirement To Consult With Area Offices.-The Assistant Secretary of Energy for Defense Programs, in exercising any delegated authority to oversee management of matters relating to site operation of a facility or laboratory, shall exercise such authority only after direct consultation with the manager of the area office of the Department of Energy located at the facility or laboratory.

"(c) Requirement for Direct Communication From Area Offices.-The Secretary of Energy, acting through the Assistant Secretary of Energy for Defense Programs, shall require the head of each area office of the Department of Energy located at each facility and laboratory covered by this section to report on matters relating to site operation other than those matters set forth in subsection (a)(2) directly to the Assistant Secretary of Energy for Defense Programs, without obtaining the approval or concurrence of any other official within the Department of Energy.

"(d) Defense Programs Reorganization Plan and Report.-(1) The Secretary of Energy shall develop a plan to reorganize the field activities and management of the national security functions of the Department of Energy.

"(2) Not later than 120 days after the date of the enactment of this Act [Sept. 23, 1996], the Secretary shall submit to Congress a report on the plan developed under paragraph (1). The report shall specifically identify all significant functions performed by the operations offices relating to any of the facilities and laboratories covered by this section and which of those functions could be performed-

"(A) by the area offices of the Department of Energy located at the facilities and laboratories covered by this section; or

"(B) by the Assistant Secretary of Energy for Defense Programs.

"(3) The report also shall address and make recommendations with respect to other internal streamlining and reorganization initiatives that the Department could pursue with respect to military or national security programs.

"(e) Defense Programs Management Council.-The Secretary of Energy shall establish a council to be known as the 'Defense Programs Management Council'. The Council shall advise the Secretary on policy matters, operational concerns, strategic planning, and development of priorities relating to the national security functions of the Department of Energy. The Council shall be composed of the directors of the facilities and laboratories covered by this section and shall report directly to the Assistant Secretary of Energy for Defense Programs.

"(f) Covered Site Operations.-For purposes of this section, matters relating to site operation of a facility or laboratory include matters relating to personnel, budget, and procurement in national security programs.

"(g) Covered Facilities and Laboratories.-This section applies to the following facilities and laboratories of the Department of Energy:

"(1) The Kansas City Plant, Kansas City, Missouri.

"(2) The Pantex Plant, Amarillo, Texas.

"(3) The Y–12 Plant, Oak Ridge, Tennessee.

"(4) The Savannah River Site, Aiken, South Carolina.

"(5) Los Alamos National Laboratory, Los Alamos, New Mexico.

"(6) Sandia National Laboratories, Albuquerque, New Mexico.

"(7) Lawrence Livermore National Laboratory, Livermore, California.

"(8) The Nevada Test Site, Nevada."

[All national security functions and activities performed immediately before Oct. 5, 1999 by covered facilities listed in section 3140(g) of Pub. L. 104–201, set out above, transferred to the Administrator for Nuclear Security of the National Nuclear Security Administration of the Department of Energy, see section 2481 of Title 50, War and National Defense.]