50 USC 2410 – Status of Administration and contractor personnel within Department of Energy
(a) Status of Administration personnel
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) Status of contractor personnel
Terms Used In 50 USC 2410
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
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) Construction of section
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) Prohibition on dual office holding
Except in accordance with sections 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) Status of intelligence and counterintelligence personnel
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.