
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7252]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 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, Sec. 642, Aug. 4, 1977, 91 Stat. 599.)


 Reorganization of Field Activities and Management of National Security 
                                Functions

    Pub. L. 104-206, title III, Sec. 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, Sec. 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.]
