003.00C, Delegation Order No. 00-003.00C to the Under Secretary for Nuclear Security

DEPARlMENTOFENERGY DELEGATION ORDER NO. 00-003.00C TO TI-lE UNDER SECRETARY FOR NUCLEAR SECURITY 1. DELEGATION. Under the authority vested in me as Secretmy of Energy and pursuant to section 642 of the Department ofEnergy Organization Act (Public Law 95-91,42 U.S. C. 7252) and by the National Nuclear Security Administration Act (Public Law 106-65,50 U.S.C. 2401-2484), I delegate to the Under Secretmy for Nuclear Security authority to take the following actions: Security Activities of the National Nuclear Security Administration: 1.1 Under section 1.3 of Executive Order No. 12958, as amended, entitled "Classified National Security Information", originally classifY information as Top Secret, Secret, and Confidential (which also includes the authority to derivatively classifY docwnents or material based on classification guides or source documents). This authority may only be redelegated to the officials occupying the following positions (or, in their absence, those persons acting in their stead): A. Deputy Administrator for Defense Programs B. Deputy Administrator for Defense Nuclear Nonproliferation C. Deputy Administrator for Naval Reactors D. Chief of Defense Nuclear Security E. Assistant Deputy Administrator for Research, Development, and Simulation F. Assistant Deputy Administrator for Militruy Applications and Stockpile Operations If redelegated to the above listed positions, this authority may not be further redelegated with the exception of the authority to classifY information originally as Secret or Confidential which may be delegated by the Deputy Administrator for Naval Reactors and the Chief of Defense Nuclear Security, with respect to matters within their areas of responsibility respectively, consistent with the terms of Executive Order No. 12958, as amended. 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 Wlauthorized persons (Executive Order No. 12958, as amended, section 4.2). The authority may be delegated to the Chief of Defense Nuclear Security, who may not further delegate such authority. 1.3 Issue subpoenas, in accordance with the provisions of section 161 c. of the Atomic Energy Act ofl954, as amended (Public Law 83-703,42 U.S.C. 220l(c).). 2 1.4 For NNSA field activities, authorize NNSA employees and contractor employees to cany fireanns and make arrests without warrant in accordance with section 161 k. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 220 l(k)). 1.5 Act as Senior NNSA Official responsible for the direction and administration of the NNSA implementation and compliance with the National Industrial Secmity Program (Executive Order No. 12829, section 203(a)). Defense Activities of the National Nuclear Security Administration 1.6 Under section 3137 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 1 02-190, 42 U .S.C. 7142): A. Opemte the National Atomic Museum in such a way as to recruit, train, and accept the services of individuals without compensation (except incidental expenses) as volunteers for the museum. B. Accept and use donations of money or non-monetruy gifts intended for the museum and to make determinations that such donations or gifts are suitable and beneficial for use by the museum.

C. Opemte a retail outlet on the premises of the museum for the purpose of selling or distributing items of an informative, educational, and tasteful nature relevant to the contents of the museum. D. Exhibit, perform, display, and publish information and materials concerning the holdings of the museum in any media or place at reasonable fees or charges where feasible and appropriate. E. Authorize the use of the net proceeds from these activities for additional activities of the museum. 1.7 Under Executive Order No. 12958, as amended, sections 301 and 642 of the Department of Energy (DOE) Organization Act (Public Law 95-91 ,42 U.S.C. 7151, 7252), and sections 141-143 and 145 of the Atomic Energy Actof1954, as amended (42 U.S.C. 2161-2163 and 2165): A. Approve access to classified weapons information (Atomic Energy Act of 1954, as amended, chapter 12 (42 U.S.C. sections 2161-2169)). B. Provide oversight for NNSA's special access programs authorized and created under Executive Order No. 12958, as amended, section 4.3(a). This authority may be delegated to the Deputy Administmtor for Defense Programs, the Chief of Defense Nuclear Security, and the Associate Administrator for Emergency Operations but may not be further delegated Naval Reactors Activities for the National Nuclear Security Administration 3 1.8 Under section 9lb. of the Atomic Energy Actofl954, as amended (42 U.S.C. 2121), and National Security Decision Directive Nwnber 282 (September 30, 1987): A. Authorize the trnnsfer of special nuclear material to the Department of the Navy (except for the Navy Facilities Engineering Command) in such quantities and at such times as necessary for cores for new military reactors and for replacement cores for existing military reactors, and for miscellaneous purposes (other than use in atomic weapons), for which material, fabrication, and new reactors the Congress shall have authorized funds. This authority may be redelegated to the Deputy Administrator for Naval Reactors but may not be further delegated. B. Authorize the Department of the Navy to manufacture, produce or acquire utilization facilities (nuclear powered ships) for which Congress shall have authorized funds. This authority may be redelegated to the Deputy Administrator for Naval Reactors but may not be further delegated. Nuclear Nonprolifereation Activities for the National Nuclear Securitv Administration 1.9 Under the referenced sections of the Atomic Energy Act of 1954, as amended (Public Law 83-703) and on behalfofDOE: A. Distribute special nuclear material abroad under section 54 (42 U.S.C. 2074). B. Make any determination under section 54d.(2) (42 U.S.C. 2074(d)(2)). C. Cany out inter-agency consultations, obtain the concurrence of the Secretmy of State, and recommend appropriate action to the Secretary ofEnergy, as provided in section 57b. (42 U.S.C. 2077(b)(2)). D. Distribute source material abroad as provided in section 64 (42 U.S.C. 2094) and distribute byproduct material abroad as provided in section 82 ( 42U .S. C.2112). E. Consult with the Nuclear Regulatory Commission ('NRC11 ) on export control as provided in section 109b. (42 U.S.C. 2139(b)). F. Apply to the Nuclear Regulatory Commission for a license to distribute special nuclear material, source material, and byproduct material under section lila. ( 42 U.S.C. 214l(a)). G. Obtain the necessary concurrence and carry out the consultations required in section Ill b. (42 U.S.C. 2141(b)).

H. Advise the NRC as to whether a proposed export would be inimical to the common defense and security of the United States, under section I 09c. ( 42 U.S.C.2139). 4 I. Determine whether a proposed distribution of special nuclear material or source material would be inimical to the common defense and secwity of the United States, as required by section 11lb.(2) (42 U.S.C. 2141(b)(2)). J. Make the findings, other than the "not inimical" detennination, specified in section 11 lb.(2) (42 u.s.c. 2141(b)(2)). K. Exercise the function of agreeing to the procedures contemplated tu1der section 126a(l) for the preparation of the Executive Branch judgment on export applications and, tu1der those procedures, advise the Secretary of State as to whether a proposed export tu1der section 126a(l) would be inimical to the common defense and secwity of the United States (42 U.S.C. 2155(a)(1)). L. Establish the administrative procedures required by sections 57b., 111 b. and 131 (42 u.s.c. 2077,2141,2160). M. Assist the Secretary of State as appropriate tu1der section 123a (42 U.S.C. 2153). N. Detennine tu1der section 127(3) whether physical security measures of exports provide a level of protection equivalent to that required by applicable (NRC) regulations (42 U.S.C. 2156(3)). 0. Submit to the Congress any reports and accompanying documentation pursuant to section 128b.(l) (42 U.S.C. 2157(b)(l)). P. Obtain the concurrence of the Secretary of State (or his delegate) and consult the Nuclear Regulatory commission and the Secretary of Defense, (or their delegates) prior to entering into any proposed subsequent arrangements, as required by section 131a.(l) (42 U.S.C. 2160(a)(1)). Q. Submit any proposed subsequent arrangement, following the concurrence and consultation described in subparagraph P above, to the Federal Register for publication, along with any required written detennination that the arrangement will not be inimical to the common defense and security as required in section 13la.(l) (42 U.S.C. 2160(a)(l)). R. Detennine whether any proposed subsequent arrangement, including any approval contemplated in section 402(a) of the Nuclear Non-Proliferation Act of 1978 (Public Law 95-242) would be inimical to the common defense and security, as required by section 131a(l) (42 U.S.C. 2160(a)(1)). S. Report to Congressional committees on a proposal to enter into a subsequent arrangement as required by section 131 b.(l) ( 42 U.S.C. 2160(b )( 1) ). T. Make the detenninations for any proposed subsequent arrangement required tu1der section 131 b.(2) with the concurrence of the Secretary of State (or his delegate) (42 u.s.c. 2160(b)(2)). 5 U. Attempt to ensure, prior to wtdertaking any subsequent arrangement, the satisfaction of those conditions specified in section 131b.(3) (42 U.S.C. 2160(b)(3)). 1.10 Under the referenced sections of the Nuclear Non-Prolifemtion Act of 1978 (Public Law 95-242; 22 U.S.C. 3201 et seq.): A. Establish and operate a training program, in consultation with the Nuclear Regulatory Commission, pursuant to section 202 (22 U.S.C. 3272). B. Consult with the Nuclear Regulatory Commission on its physical security regulations as provided in section 304(d) (42 U.S.C. 2156a). C. Detennine whether any additional commibnents from foreign recipients of source or special nuclear material are necessary in accordance with the provisions of section 402(a) (42 U.S.C. 2153a.(a)). Human Resources Administration Activities for the National Nuclear Security Administration

1.11 Establish hours of duty and administmtive work week. 1.12 Approve personnel actions involving positions at the GS-15 level and below, including wage grade or equivalent levels (except for EJ and EK excepted service positions), including the determination of qualifications of candidates, classification, pay, and suitability determinations for such positions. 1.143Approve Intergovernmental Personnel Act agreements for NNSA employees in positions at GS-15 and below or equivalent levels (except EJ and EK excepted service positions). 1.14 Approve the detail of employees to assignments outside the Department of Energy ( 5 u.s.c 3341). 1.15 Under Public Law 107-107 (5 U.S.C. 5547(b)), waive the biweekly limitation on General Schedule premium pay for emergency situations, work that is critical to the mission of the agency, or, if provided for in the annual authorization act, waive the limitation on total compensation of an employee for work while in an overseas location in direct support of or directly related to a military operation (including a contingency operation). 1.16 Approve, on a nonexclusive basis, major Departmental honorary awards, except the Secretary's Awards; approve cash awards in excess ofthose amowtts authorized to be approved by Heads ofDepartmental Elements; and recommend to the Office of Personnel Management cash awards in excess of$10,000 (5 U.S.C. 4502). This authority may not be redelegated. 1.17 Approve personnel actions relating to the appointment of experts and consultants pursuant to 5 U.S.C. 3109. 6 1.18 Administer oaths of office. 1.19 Under Public Law 101-12 (5 U.S.C. 3352), exercise the functions granted regarding giving preferences to employees who have had a prohibited personnel action taken against them. This authority may not be redelegated below the level of the Associate Administrator for Management and Administration. 1.20 For Senior Executive Service (SES), Senior Level (SL), and Scientific and Professional (ST) positions/appointees: A. Establish an NNSA Executive Resources Board and appoint Board members to provide, at a minimum, review of career SES candidates' qualifications, and recommend to the Administrator of NNSA, highly qualified selectees, subject to the DOE's Executive Resources Board's approval, for submission and approval by the Office of Personnel Management. B. Approve personnel actions, which do not require DOE's Executive Resources Board approval, for positions above the GS-15 or equivalent level. C. Establish or abolish positions. D. Establish new career or time limited appointments. E. Make reassignments both inside and outside the NNSA. F. Approve transfers from other agencies of current career employees. G. Assign details to and from positions with the NNSA. H. Approve reinstatements into the SES. I. Determine initial pay setting and pay adjustments. J. Determine recruitment, relocations, and retention incentives. K. Approve sabbaticals and Intergovernmental Personnel Act assignments. L. With respect to NNSA Act excepted service positions at Pay Bands IV and V, determine that those positions are not performing duties that require placement in the SES. The authorities contained in subparagraph 1.20 may not be redelegated without my prior written approval and must be exercised in accordance with all laws, regulations, U.S. Office of Personnel Management personnel polices and guidance covering these areas. I will retain authority over SES, SL, ST and non-NNSA excepted service allocations among the DOE organizations, and approve the nomination of NNSA executives for Presidential Rank Awards.

7 Procurement and Assistance Management Activities for the National Nuclear Security Administration 1.21 On a nonexclusive basis, perfonn the role of Senior Procurement Executive (as defined by 41 U.S. C. 414 and Executive Order No. 12931 11Fedeml Procurement Refonn,11 October 13, 1994) for the National Nuclear Security Administration, with responsibility and authority to: provide ovemll management direction of the Administration's procurement system; oversee development of procurement goals, guidelines, and innovation; measure and evaluate procurement office perfonnance against stated goals; and enhance career development of the procurement workforce. As Senior Procurement Executive, the Under Secretary for Nuclear Security may: A. Designate Heads of Contracting Activities within the Administration, without further delegation, subject to such thresholds and other limitations as may be appropriate (48 C.F.R. 1.601, 48 C.F.R.901.601). B. Designate Contracting Officers ( 48 C.F .R. 1.60 I ,48 C.F.R. 1.1603-1, 48 C.F.R. 901.601). C. Designate a Senior Competition Advocate for the Administration to perfonn the duties required by the Competition in Contracting Act of 1984. This authority may notberedelegated(PublicLaw98-369,41 U.S.C. 418,48 C.F.R. 6.501,48 C.F.R. 906.501). D. Designate Contracting Activity Competition Advocates to perfonn the duties required by the Competition in Contracting Act of 1984. This authority may be redelegated no lower than the Heads of Contracting Activities. A Contracting Activity Competition Advocate shall be appointed for each installation that has been delegated contracting authority (Public Law 98-369,41 U.S.C. 418,48 C.F.R. 6.501,48 C.F.R. 906.501). E. Designate a task and delivecy order ombudsman to perfonn the duties required by the Federal Acquisition Streamlining Act of 1994 (fitle I, section 1 054(a), Public Law 103-355,41 U.S.C. 253j(e)). F. Designate a program manager to implement an electronic commerce capability for the Administration who shall report directly to the Senior Procurement Executive (41 U.S.C. 252c). G. Assign contracting functions and responsibilities to another agency, and create joint or combined offices with another agency to exercise acquisition functions, without further delegation (41 U.S.C. 261,48 C.F.R. 1.601,48 C.F.R. 901.601). H. Enter into, approve, administer, modify, close-out, terminate, and take such other actions as may be necessary and appropriate with respect to any procurement 8 transaction binding the Administration to the obligation and expenditure of public funds. I. Approve extraordinary contractual actions, not to exceed $55,000, to facilitate the national defense, pursuant to Public Law 85-804 and Executive Order No. 1 0789 ( 48 C.F.R. 50.1 02). J. Sign applications for permits to procure tax-free spirits from a distilled spirits plant for nonbeverage purposes for use by die Administration, as authorized by 26 U .S.C. 5271. K. Determine whether to utilize the priority contracting authority contained in section lOl(a) of the Defense Production Act of 1950,50 U.S.C. App. 207l(a)( 1994) to expedite procurement actions to promote the national defense of the United States. This determination will be made after consultation with the Department of Energy General Counsel and the Assistant Secretary for Policy and International Affairs. L. Approve justifications for other than full and open competition in the case of a contract for an amount exceeding $50,000,000 without further delegation ( 41 u.s.c. 253(f)).

1.22 Enter into, approve, administer, modify, close-out, terminate and take such other actions as may be necessary and appropriate with respect to any financial assistance agreement, sales contract, or similar transaction, whether or not binding the Department of Energy to the obligation and expenditure of public funds. Such action shall include the rendering of approvals, determinations, and decisions, except those required by Jaw or regulation to be made by other authority. 1.23 Take all necessary actions to acquire, by purchase, lease, or otherwise, real property interests. Initiate condemnation proceedings and execute declarations of taking, sign all correspondence and other documents in connection with such proceedings, and take all other necessary and appropriate actions to acquire, in connection with the Government's power of eminent domain, real or personal property or interests therein for the Department of Energy; and exercise all authority of the Secretmy regarding the management and disposal ofDepartmental real property, including the acceptance by donation of real property. The authority to initiate condemnation proceedings and execute declarations of taking shall not be further delegated. 1.24 In reference to the sale or lease of real property at a Department ofEnergy 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 consultation with the DOE General Counsel. This authority may only be redelegated to Department officials who have been appointed by the President with the advice and consent of the Senate who have oversight responsibilities for defense nuclear facilities, and may not be redelegated further. 1.25 Acquire, manage, and dispose of personal property held by the Administration for official use by its employees or contractors. 9 1.26 Serve as deciding official for all appeals from an initial challenge decision under the Federal Activities Inventory Refonn Act of 1998, Commercial Activities Inventory Challenge Process. 1.27 Enter into long-tenn utility contracts except areawide contracts, for total terms not to exceed ten (1 0) years, for all utility services; e.g., electric, natural gas, water, sewage, and steam, pursuant to Delegation of Authority to the Secretary of Energy from the General Services Administrator, reflected in FAR 41.1 03(b ). 1.28 Pursuant to section 1007 of the Energy Policy Act of2005 (P.L. 109-58; 42 U.S.C. 7256(g)) as amended by section 3118 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, approve the award of Other Transaction Agreements and perfonn the other fimctions of the Secretary as set forth in 42 U.S.C. 7256(g). This authority may only be exercised by an officer of the Department who has been appointed by the President by and with the advice and consent of the Senate, who has been delegated the authority from the Secretary, and with the concurrence of a separate individual serving as the NNSA Senior Procurement Executive (e.g., the Director of the Office of Acquisition Supply and Management) or for non-NNSA Elements, the Department's Senior Procurement Executive, on a transaction-by-transaction basis. This authority may not be redelegated.

With respect to NNSA transactions, subject to the direction of the Secretary or the Deputy Secretary, enter into, administer, modify, closeout, tenninate and take such other actions as may be necessary and appropriate when a technology investment agreement (TIA) has been approved pursuant to 10 C.F.R 603.115, and also to authorize the cognizant Head of Contracting Activity (HCA) to issue a new warrant of a contracting officer or to revise the current warrant of a contracting officer to authorize the award or administration of a TIA as required by 10 C.F .R 603.120. This authority may only be exercised by the NNSA Senior Procurement Executive. 1.29 Pursuant to section 311 of title m of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (P .L. 111-85), notify the Committees on Appropriations of the Senate and House ofRepresentatives at least three full business days in advance of making a grant allocation, discretionary grant award, discretionmy contract award, Other Transaction Agreement or issuing a letter of intent totaling in excess of $1,000,000 or to announce publicly the intention to make such an award, including a contract covered by the Federal Acquisition Regulation. Financial Management Activities for the National Nuclear Security Administration 1.30 Determine the existence and amount of employee indebtedness as provided by 5 U.S.C.5514. 1.31 Exercise the authority of the Secretary related to the waiver of claims arising out of erroneous payments of pay or allowances or travel, transportation, or relocation allowances as provided in 5 U.S.C. SS84. 10 1.32 Exercise the duties and responsibilities of the Secretary for authorizing and approving travel following established policies and procedures with respect to employee travel and relocation allowances Wlder S U.S.C, chapter 57, and the Federal Travel Regulation. 1.33 CertifY vouchers and provide written authorization to NNSA employees to certifY vouchers as provided in 31 U.S.C. 3325. 1.34 Carry out the responsibilities assigned to the Secretary with regard to the exchange of funds between the NNSA and the States (31 U.S. C. 6503) and written authorization to DOE employees to provide the timely disbursement of funds (31 U .S.C. 3335). 1.35 In accordance with the Department of Justice's Office of Legal CoWlSel opinion, Comptroller General's Authority to Relieve Disbursing and CertifYing Officials From Liability, 15 Op. O.L.C. 80 (1991), grant relief from accotu1tability for losses or deficiencies of disbursing officers, cashiers, or other accoWltable officers. 1.36 Process the payment of settled claims by employees for personal property losses as provided by 31 U.S.C. 3721. 1.3 7 Carry out the responsibilities assigned to the Secretary with respect to prompt payments as provided in 31 U.S.C, chapter 39. 1.3 8 Exercise the responsibilities assigned to the Secretary in 31 U .S.C. 3332(b X 1) with respect to the granting of waivers of the requirement to receive wage and salary payments electronically. 1.39 Exercise the responsibilities assigned to the Secretary in 31 U.S.C. 3332(e)(2) with respect to the granting of waivers of the requirement to make all recipient payments electronically. 1.40 Under section 988 of the Energy Policy Act of2005 (P.L. 109-58; 42 U.S. C. 16352): A. Approve requests for reduction or elimination of the cost sharing requirement for a research and development activity of an applied nature in accordance with section 988(b)(3);

B. Approve requests for reduction of the cost sharing requirement for the non-federal share of demonstration and commercial application activities in accordance with section 988(c)(2); and C. Exclude researeh and development of a basic or fundamental nature from the cost sharing requirements, as described in section 988(b )(2). These authorities may not be redelegated, and may only be exercised after providing notification to the Office of the Secretary. Furthermore, the approval authorities delegated in subparagraphs A and B can only be exercised in cases of exceptional need. ll General Activities 1.41 Under section 624 of the Department ofEnergy Organization Act (P.L. 95-91; 42 U.S.C. 7234) and in accordance with the Federal Advisol)' Committee Act (5 U.S.C., App.2), nominate, appoint, renew the term of, and terminate the service of members, convene meetings and make the detennination to close all or part of a meeting closed in accordance with 5 U.S.C. 552b(c) for all committees organized pursuant to the Federal Advisory Committee Act administratively supported by an organization reporting to the Under Secretmy for Nuclear Security. Pursuant to 18 U.S. C. 208(b X3), 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 an organization that reports to the Under Secretary for Nuclear Security. 1.42 Direct a head of field organization to curtail or suspend the operation of nuclear reactors, nuclear facilities or related activities when, in the opinion of the Under Secretmy for Nuclear Security, continuing operations might result in an undue risk to the environment and/or to the safety and health of Departmental or contractor employees or to the public. This authority may not be redelegated. 1.43 Under sections 102(10) and 642 of the Department of Energy Organization Act (P.L. 95- 91; 42 U.S.C. 7112(10) and 7252) and sections 103(9) and 107(a) ofthe Energy Reorganization Act of 1974 (P.L. 93-438; 42 U.S.C. 5813(9) and 5817(a)) and with respect to the functions of the National Nuclear Security Administration, the authority to negotiate and sign agreements on behalf of the Department of Energy with foreign governments, agencies of foreign governments, and intergovernmental organizations. This authority shall be exercised exclusively subject to the following conditions: A. Prior to transmitting a draft agreement to the Department of State for inter­ agency review under its Circular 175 procedures: i. Consult, by memorandum, with the DOE General Counsel; and ii. Provide I 0 business days' advance written notification, by information memorandum, to the Secretary or the Deputy Secreta!)', the Assistant Secretary for Policy and International Affairs, and other affected departmental offices; B. Consultation with the Department of State in accordance with the Case-Zablocki Act of 1972 (I U .S.C. 112b ), and the Department of State's implementing regulations (22 C.F.R. Part 181); and C. Following the actions described in "A" and "B" above, and prior to signing the final text of any agreement: 1. Consult, by memorandum, with the DOE General Counsel, the Assistant Secretary for Policy and International Affairs and other affected departmental offices; and 12

ii. Provide I 0 business days' advance written notification, by information memorandum, including the recommendation of the DOE General Counsel, the Assistant Secretary for Policy and International Affairs, and other affected departmental offices, to the Secretary or the Deputy Secretary. 1.44 On a nonexclusive basis, assert the Federal Government's deliberative process privilege with respect to matters arising Wlder the Under Secretary for Nuclear Security's cognizance. This delegation is made to protect internal predecisional Department of Energy documents and defense activities documents from public disclosure in judicial or administrative proceedings in situations where the court or other presiding official requires the assertion of privilege to be formally asserted by an affidavit from an agency official. 1.45 Under section 643 of the Department of Energy Organization Act ( 42 U .S.C. 7253), establish, alter, consolidate or discontinue such second tier or below non-NNSA organizational units or components within the Under Secretary for Nuclear Security's assigned programs and organizational elements as the Under Secretary for Nuclear Security may deem to be necessary or appropriate. A. In exercising this authority, or as redelegated pursuant thereto, the Under Secretary for Nuclear Security 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 under section 643, which authority is reserved to the Secretary. C. The authority to alter or consolidate second tier or below organizational elements may be redelegated, in whole or in part consistent with the terms of the Department of Energy Organization Act, to assigned Heads of Departmental Headquarters and Field Elements and 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 second tier or below may only be redelegated to the Head of the Departmental Headquarters or Field Element. 2. RECISSION. Delegation Orders 00-003.00B, 00-002.038 and 00-002.11 are hereby rescinded. 3. LIMITATION. 3.1 In exercising the authority delegated in this Order, a delegate shall be governed by the applicable rules and regulations of the Department of Energy and the policies and procedures of the Secretary. 3.2 Nothing is this Order precludes the Secretary from disapproving any Administration-specific policy or exercising any of the authority delegated by this Order whenever in the Secretary's 13 judgment the exercise of that authority is necessary or appropriate to administer the fi.mctions vested in the Secretary. 3.3 The authorities delegated by this Order shall only be exercised with regard to NNSA, Office ofEnvironmental Management, Office of Legacy Management, and Office of the Chief of Nuclear Safety employees, contractors, or activities. 3.4 Any amendments to this Order shall be made in consultation with the Department of Energy General Counsel. 4. AUTHORITY TO REDELEGATE. 4 .I Except as expressly prohibited by law, regulation, or this Order, the Under Secretary for Nuclear Security 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 .I All actions pursuant to any authority delegated prior to this Order or p~t 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 AUG 2 7 201? &PM fhtV Steven Chu Secretary of Energy