204.02, Delegation Order No. 0204-2 to the Assistant Secretary for Defense Programs

[RESCINDED][RESCINDED] DEPARTMENT OF ENERGY DELEGATION ORDER NO. 0204-2 TO THE ASSISTANT SECRETARY FOR DEFENSE PROGRAMS Pursuant to the authority vested in me as Secretary of Energy (“Secretary”) and by Section 642 of the Department of Energy Organization Act (Pub. L. 95-91) (the “DOE Act”) there is hereby delegated to the Assistant Secretary for Defense Programs the authority to: 1. Perform the functions specified in 10 CFR 710, “Criteria and Procedures for determining eligibility for access to Restricted Data or Defense Information” (previously performed by the Assistant Administrator for National Security of Energy Research and Development Administration); 2. Make determinations pursuant to Section 145b. of the Atomic Energy Act of 1954, as amended, (the “Atomic Energy Act”) permitting an individual access to Restricted Data prior to investigation by the Civil Service Commission if such access is clearly consistent with the national interest; 3. Issue subpoenas, in accordance with the provisions of Section 161c. of the Atomic Energy Act; 4. Classify, declassify and transclassify Restricted Data and formerly Restricted Data as those terms are defined in the Atomic Energy Act; 5. Designate Top Secret authorizing officials in accordance with Executive Order No. 11652; 6. Issue regulations relating to the entry upon, or the carrying, transporting or other introducing, or causing to be introduced, any dangerous weapon, explosive or other dangerous instrument or material likely to produce substantial injury or damage to persons or property, into or upon any facility, installation of real property subject to the jurisdiction, administration or in the custody of DOE; 7. Authorize department employees and contractor employees to carry firearms in accordance with Section 161K of the Atomic Energy Act; 8. Approve participation of non-Soviet block aliens at Category A-1 (weapons) installations; 9. Approve visits, participation and conference attendance of Soviet bloc nationals at Category A-1 (weapons) installations and attendance at those conferences in the U.S. which are fully or partially supported or sponsored by Category A-1 installations; 10. Approve access to the weapons complex; 11. Establish and administrate the DOE’s emergency preparedness program; 12. Act as Senior Agency Intelligence Officer of DOE; and 2 13. Take such other action as the Secretary or his authorized delegates may, from time to time, direct or authorize. The authority delegated to the Assistant Secretary for Defense Programs may be further delegated, in whole or in part, as may be appropriate, provided that the Assistant Secretary for Defense Programs shall not further delegate, in whole or in part, the authority delegated to him in paragraphs 1 and 2 except on a case-by-case basis to the Deputy Assistant Secretary for Defense Programs, who shall not further delegate such authority, provided further that the Assistant Secretary for Defense Programs shall not further delegate, in whole or in part, the authority delegated to him in paragraph 5. In exercising the authority delegated by this Order or as redelegated pursuant thereto, the delegate(s) shall be governed by the rules and regulations of DOE and the policies and procedures prescribed by the Secretary or his delegate. 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 hereby confirmed and ratified, and shall remain in full force and effect as if taken under this Order, unless or until rescinded, amended or superseded. This Order is effective October 1, 1977. /s/ James R. Schlesinger Secretary of Energy