S5-DEL-NAGC-2018, Redelegation to the General Counsel of the National Nuclear Security Administration

NATIONAL NUCLEAR SECURITY ADMINISTRATION REDELEGATION ORDER NO. 00-003.07 S5-DEL-NAGC-2018 TO THE GENERAL COUNSEL OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION 1. DELEGATION. Under the authorities and responsibilities vested in me as Administrator and pursuant to section 3212(b) of the National Nuclear Security Administration (NNSA) Act [50 U.S.C. 2402(b)] and Delegation Order No. 00-003.00D, I delegate to the General Counsel of the National Nuclear Security Administration authority to take the following action: 2. 3. 1.1 Under section 1.44 of Delegation Order No. 00-003.00D, on a nonexclusive basis, to assert the Federal Government's deliberative process privilege and other legally recognized privileges in litigation. 1.2 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 officials requires the assertion of privilege to be formally asserted by an affidavit from an agency official. RESCISSION. NONE. LIMITATION. 3.1 In exercising the authority delegated in this Order, the delegate shall be governed by the rules and regulations of the Department of Energy, the National Nuclear Security Administration, and the policies and procedures prescribed by the Secretary and Under Secretary for Nuclear Security/ Administrator. 3.2 Nothing in this Order precludes the Under Secretary for Nuclear Security/Administrator 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 NNSA Administrator by law or delegation. 3.4 Any amendments to this Order shall be made in consultation with the NNSA General Counsel. 4. AUTHORITY TO REDELEGATE. 4.1 The General Counsel is specifically authorized to further delegate this authority. 4.2 Redelegation must conform to the requirements in NNSA Business Operating Procedure (BOP)-00.03, Delegation and Designation of Authority. Copies of Diane Cross-Out redelegations shall be provided to NNSA's Management and Budget, Business Services, Policy Division, and 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 any authority granted 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 A copy ofthis Order shall be provided to NNSA's Management and Budget, Business Services, Policy Division. 5.3 This Order is effective ,.,.{ )ol ~J' ~o~~~ Under Secretary for Nuclear Security Administrator, NNSA