(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
(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
(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.
(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.
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.
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).
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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