CITE
50 USC Sec. 2410 01/08/2008
EXPCITE
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION
SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION
HEAD
Sec. 2410. Status of Administration and contractor personnel within
Department of Energy
STATUTE
(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
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) of this section 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.
SOURCE
(Pub. L. 106-65, div. C, title XXXII, Sec. 3220, formerly Sec.
3213, Oct. 5, 1999, 113 Stat. 958; Pub. L. 106-398, Sec. 1 [div. C,
title XXXI, Sec. 3157], Oct. 30, 2000, 114 Stat. 1654, 1654A-468;
renumbered Sec. 3220, Pub. L. 107-107, div. C, title XXXI, Sec.
3141(a)(1), Dec. 28, 2001, 115 Stat. 1370; Pub. L. 109-364, div. C,
title XXXI, Sec. 3117(a)(2)(B), (d), Oct. 17, 2006, 120 Stat. 2507,
2508.)