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50 U.S.C. § 2409 — Scope of authority of Secretary of Energy to modify organization of Administration

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2409 — Scope of authority of Secretary of Energy to modify organization of Administration

Notwithstanding the authority granted by [section 7253 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7253&num=0&edition=prelim) or any other provision of law, the Secretary of Energy may not establish, abolish, alter, consolidate, or discontinue any organizational unit or component, or transfer any function, of the Administration, except as authorized by subsection (b) or (c) of [section 2481 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2481&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-50/section-2409-scope-of-authority-of-secretary-of-energy-to-modify-organization-of-admi--df63aca249.md
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Source location: Title 50, Chapter 41, § 2409; chapter-041-national-nuclear-security-administration.md

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2481 — Functions transferred

**(a) Transfers** There are hereby transferred to the Administrator all national security functions and activities performed immediately before October 5, 1999, by the following elements of the Department of Energy: (1) The Office of Defense Programs. (2) The Office of Nonproliferation and National Security. (3) The Office of Fissile Materials Disposition. (4) The nuclear weapons production facilities. (5) The national security laboratories. (6) The Office of Naval Reactors. **(b) Authority to transfer additional functions** The Secretary of Energy may transfer to the Administrator any other facility, mission, or function that the Secretary, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration. **(c) Environmental remediation and waste management activities** In the case of any environmental remediation and waste management activity of any element of the Administration, the Secretary of Energy may determine to transfer responsibility for that activity to another element of the Department. **(d) Transfer of funds** (1) Any balance of appropriations that the Secretary of Energy determines is available and needed to finance or discharge a function, power, or duty or an activity that is transferred to the Administration shall be transferred to the Administration and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall— (A) be credited to any applicable appropriation account of the Administration; or (B) be credited to a new account that may be established on the books of the Department of the Treasury;and shall be merged with the funds already credited to that account and accounted for as one fund. (2) Balances of appr

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7253 — 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7254 — Reorganization

**(a)** Subject to subsection (b), the Secretary is authorized to establish, alter, consolidate or discontinue such organizational units or components within the Department as he may deem to be necessary or appropriate. Such authority shall not extend to the abolition of organizational units or components established by this chapter, or to the transfer of functions vested by this chapter in any organizational unit or component. **(b)** The authority of the Secretary to establish, abolish, alter, consolidate, or discontinue any organizational unit or component of the National Nuclear Security Administration is governed by the provisions of [section 2409 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2409&num=0&edition=prelim). **(c)** The authority of the Secretary under subsection (a) does not apply to the National Nuclear Security Administration. The corresponding authority that applies to the Administration is set forth in section 2402(e) 11 See References in Text note below. of title 50.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2409 — Scope of authority of Secretary of Energy

Page 401 TITLE 50—WAR AND NATIONAL DEFENSE § 2410 1 See References in Text note below. (c) Effect on Executive Order Except as otherwise specified in this section and notwithstanding any other provision of this chapter, the provisions of the Naval Nuclear Propulsion Executive Order remain in full force and effect until changed by law. (d) Naval Nuclear Propulsion Executive Order As used in this section, the Naval Nuclear Pro- pulsion Executive Order is Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note) 1 (as in force pursuant to section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98–525; 42 U.S.C. 7158 note)).1 (Pub. L. 106–65, div. C, title XXXII, § 3216, Oct. 5, 1999, 113 Stat. 959.) Editorial Notes REFERENCES IN TEXT Executive Order No. 12344, referred to in subsec. (d), is set out as a note under section 2511 of this title. Section 1634 of the Department of Defense Authoriza- tion Act, 1985 (Public Law 98–525), referred to in subsec. (d), was formerly set out as a note under section 7158 of Title 42, The Public Health and Welfare, and was re- numbered section 4101 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(d)(2), Nov. 24, 2003, 117 Stat. 1757. Section 4101 of Pub. L. 107–314 is classified to section 2511 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title. § 2407. General Counsel There is a General Counsel of the Administra- tion. The General Counsel is the chief legal offi- cer of the Administration. (Pub. L. 106–65, div. C, title XXXII, § 3217, Oct. 5, 1999,

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