002.03B, Redelegation Order No. 00-002.03B to the Assistant Secretary for Environmental Management (Reinstated by Secretary Moniz on 2-24-2014)

DEPARTMENT OF ENERGY REDELEGATION ORDER NO. 00-002.03B TO THE ASSISTANT SECRETARY FOR ENVIRONMENTAL MANAGEMENT 1. DELEGATION. Pursuant to section 202(b) of the Department of Energy Organization Act (Public Law 95-91, 42 U.S.C. 7132(b)) and Secretary of Energy Delegation Order 00-002 provided to the Under Secretary to perform the function and duties related to Environmental Management, I delegate to the Assistant Secretary for Environmental Management authority to take the following actions: 1.1 On a nonexclusive basis, assert the Federal Government’s deliberative process privilege with respect to any matters arising under his or her cognizance. This delegation is made to protect internal predecisional Department of Energy documents in judicial or administrative proceedings in situations where the court may require the claim to be formally asserted by an affidavit from an agency official. 1.2 Under section 624 of the Department of Energy Organization Act (42 U.S.C. 7234) and in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2), nominate, appoint, renew the term of, and terminate the service of members of the Environmental Management Site Specific Advisory Board. In addition, pursuant to 18 U.S.C. 208(b)(3), after consultation with the Department’s Designated Agency Ethics Official, issue conflict-of-interest waivers for special Government employees serving on a Federal Advisory Committee that is administratively supported by the Office of Environmental Management. 1.3 In reference to the sale or lease of real property at a Department of Energy defense nuclear facility, make the discretionary decision of whether to hold harmless and indemnify any eligible entity, pursuant to the conditions contained in 50 U.S.C. 2811. This authority may only be exercised after obtaining the concurrence of the Department of Energy’s General Counsel. This authority may not be redelegated. 1.4 Establish, alter, consolidate or discontinue such organizational units or components within assigned organizational elements as deemed to be necessary or appropriate. A. In exercising this authority, or as redelegated pursuant thereto, delegates will be limited by approved budgets, staffing level allocations, and Senior Executive Service and other executive resource position allocations. Organizational changes shall not be announced or implemented until appropriate union coordination and other pre-release clearances have been obtained. 2 B. This authority does not include approval of additional, deletion, or transfer of mission and functions of or between Departmental Headquarters or Field Elements, which authority is reserved to the Secretary. C. Heads of Departmental Headquarters Elements may delegate the authority to alter or consolidate organizational elements further, in whole or in part, consistent with the terms of the Department of Energy Organization Act, to an official or officials one level below the Head of the Departmental Headquarters or Field Element. D. The authority to establish or discontinue organizational elements at the first or second level below the Head of Departmental Headquarters or Field Element may not be redelegated. E. Acting Heads of Departmental Headquarters or Field Elements may not redelegate these authorities and may only establish, alter, consolidate or discontinue organizational units at the third level and below. During the tenure of an acting Head of a Departmental Headquarters or Field Element, organizational units below the Head of Departmental Headquarters and Field Elements may not exercise redelegations granting the authority to alter or consolidate units.

F. This authority shall be exercised in accordance with, and shall be subject to the requirements of, the Secretary of Energy’s Memorandum to All Department of Energy Employees relating to functional accountability, dated May 23, 2006. 2. RESCISSION. Redelegation Order No. 00-002.03A is hereby rescinded. 3. LIMITATION. 3.1 In exercising the authority delegated in this Order, a delegate shall be governed by the rules and regulations of the Department of Energy and the policies and procedures prescribed by the Secretary or delegate(s). 3.2 Nothing in this Order precludes the Secretary or the Under Secretary, from exercising any of the authority delegated by this Order. 3.3 Any amendments to this Order shall be in consultation with the Department of Energy General Counsel. 3 4. AUTHORITY TO REDELEGATE. 4.1 Except as prohibited by law, regulation, or this Order, the Assistant Secretary for Environmental Management may delegate this authority further, in whole or in part. 4.2 Copies of redelegations and any subsequent redelegations shall be provided to the Office of Management, which manages the Secretarial Delegations of Authority system. 5. DURATION AND EFFECTIVE DATE. 5.1 All actions pursuant to any authority delegated prior to this Order or pursuant to any authority delegated by this Order taken prior to and in effect on the date of this Order are ratified and remain in force as if taken under this Order, unless or until rescinded, amended or superseded. 5.2 This Order is effective January 29, 2007.