002.18, Redelegation to the Associate Under Secretary for Environment, Health, Safety, and Security

DEPARTMENT OF ENERGY REDELEGATION ORDER NO. 00-002.18 TO THE ASSOCIATE UNDER SECRETARY FOR ENVIRONMENT, HEALTH, SAFETY AND SECURITY 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 the Secretary of Energy's Delegation Order to the Under Secretary, I delegate to the Associate Under Secretary for Environment, Health, Safety and Security, the authority to: 1.1 Act as Senior Agency Official responsible for the direction and administration of the Department of Energy (DOE or Department) information security program pursuant to section S.4(d) of Executive Order 13526 of December 29, 2009, "Classified National Security Information." 1.2 Establish controls to ensure that classified information is used, processed, stored, reproduced, transmitted, and destroyed only under conditions that will provide adequate protection and prevent access by unauthorized persons pursuant to Executive Order 13526, section 4.l(g). This authority may be delegated to the Deputy Associate Under Secretary; the Director, Office of Departmental Personnel Security; or the Director, Office of Security. 1.3 Originally classify information as Top Secret, Secret, and Confidential as provided in section 1.3(c) of Executive Order 13526. This authority is also delegated to (or, in their absence, those persons acting in their stead): A. Deputy Associate Under Secretary for Environment, Health, Safety and Security B. Director, Office of Classification This authority may not be further delegated, with the exception of the authority to classify information originally as Secret or Confidential which may be delegated by the Associate Under Secretary for Environment, Health, Safety and Security, consistent with the terms of Executive Order 13526. 1.4 Exercise all other authorities vested in the Secretary under Executive Order 13526 and in any implementing directives issued pursuant to section 5.2(b)(l), except for: A. the authority specified in section 1.3(c)(2), pertaining to delegations of ''Top Secret'' original classification authority; 2 B. the authority specified in section 1.7(c)(l), pertaining to reclassification of information after it has been declassified and released to the public; C. the authority specified in section 4.3(a) pertaining to establishment of special access programs; D. the authority specified in section 4.3(b)(4) requiring the annual review of each special access program to determine whether it continues to meet the requirements of the Executive Order; E. any authority which has been or may be delegated to me by the Secretary of Defense in furtherance of the provisions of section 3.5(f) pertaining to establishment of special procedures for systematic review for declassification of classified cryptologic information; F. the authority specified in section 6.2(c) to request of the Attorney General an interpretation of the Executive Order with respect to any questions arising in the course of its administration. 1.5 Act as Senior Agency Official responsible for the direction and administration of the DOE personnel security program pursuant to section 6.l(a) of Executive Order 12968 of August 2, 1995, "Access to Classified Information." 1.6 Act as Senior Agency Official responsible for the direction and administration of the DOE implementation and compliance with the National Industrial Security Program pursuant to section 203(a) of Executive Order 12829 of January 6, 1993, "National Industrial Security Program."

1.7 Exercise all authorities vested in the Secretary under section 145 of the Atomic Energy Act of 1954, as amended, including the authority to make determinations pursuant to section 145 b. permitting an individual access to Restricted Data prior to completion of the background investigation required by section 145 b., if such access is clearly consistent with the national interest. This authority may be delegated to the Deputy Associate Under Secretary; the Director, Office of Departmental Personnel Security; or the Director, Office of Security, who may not further delegate such authority. 1.8 Issue subpoenas in accordance with the provision of section 161c. of the Atomic Energy Act of 1954, as amended. 1.9 Classify, declassify, and transclassify Restricted Data; classify, declassify and transclassify Formerly Restricted Data; classify, declassify and transclassify Transclassified Foreign Nuclear Information as provided in section 142 of the Atomic Energy Act of 1954, as amended and section 3.3(g) of E.O. 13526. This 3 authority may be delegated to the Director, Office of Classification who may not further delegate such authority. 1.10 For Headquarters and all non-National Nuclear Security Administration Field activities, authorize Department employees and contractor employees to carry firearms and make arrests without warrant pursuant to section 161k of the Atomic Energy Act of 1954, as amended. 1.11 Make the final determination concerning appeals involving the denial of requests made under the Freedom of Information Act for classified information or the denial of requests for information made under the Freedom of Information Act falling within the scope of section 148 of the Atomic Energy Act of 1954, as amended. The authority to make the initial denial of classified information may be delegated to the Director, Office of Classification. 1.12 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. 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 the Departmenta I 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 4

tenure of an acting Head of a Departmental Headquarters or Field Element, organizational units below the Head of the Departmental Headquarters and Field Elements may not exercise redelegations granting the authority to alter or consolidate units. 2. RECISSION. Delegation Order No. 00-024.00B is hereby rescinded. 3. LIMITATION. 3.1 In exercising the authorities 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 Under Secretary from exercising any of the authority delegated by this Order. 3.3 Nothing in this Order shall be construed to supersede or otherwise interfere with the authorities provided to the Administrator of the National Nuclear Security Administration by law or by delegation. Furthermore, nothing herein constitutes authority to exercise authority, direction, or control of an employee of the National Nuclear Security Administration or its contractors. · 3.4 Any amendments to this Order shall be in consultation with the Department of Energy General Counsel. 4. AUTHORITY TO REDELEGATE. 4.1 Except as expressly prohibited by law, regulation or this Order, the Associate Under Secretary for Environment, Health, Safety and Security, may delegate this authority further, in whole or in part, consistent with the terms of the Executive Orders and the Atomic Energy Act of 1954, as amended. 4.2 Copies of re-delegations and any subsequent re-delegations shall be provided to the Office of Management which manages the Secretarial Delegations of Authorities 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 5.2 This Order is effective __ _..AU __ 6._.._14.........,.2D ..... 14 __ _ Ernest J. Moniz Secretary of Energy