U.S. Code » Title 50 » Chapter CHAPTER 41— NATIONAL NUCLEAR SECURITY ADMINISTRATION › Subchapter SUBCHAPTER I— ESTABLISHMENT AND ORGANIZATION

50 U.S.C. § 2410

Status of Administration and contractor personnel within Department of Energy

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(a) Status of Administration personnelEach officer or employee of the Administration—(1) shall be responsible to and subject to the authority, direction, and control of—(A) the Secretary acting through the Administrator and consistent with section 7132(c)(3) of title 42;(B) the Administrator; or(C) the Administrator’s designee within the Administration; and(2) shall not be responsible to, or subject to the authority, direction, or control of, any other officer, employee, or agent of the Department of Energy.(b) Status of contractor personnel

Each officer or employee of a contractor of the Administration shall not be responsible to, or subject to the authority, direction, or control of, any officer, employee, or agent of the Department of Energy who is not an employee of the Administration, except for the Secretary of Energy consistent with section 7132(c)(3) of title 42.

(c) Construction of sectionSubsections (a) and (b) may not be interpreted to in any way preclude or interfere with the communication of technical findings derived from, and in accord with, duly authorized activities between—(1) the head, or any contractor employee, of a national security laboratory or of a nuclear weapons production facility; and(2) the Department of Energy, the President, or Congress.(d) Prohibition on dual office holdingExcept in accordance with sections 2402(a)(2) and 2406(a)(1) of this title:(1) An individual may not concurrently hold or carry out the responsibilities of—(A) a position within the Administration; and(B) a position within the Department of Energy not within the Administration.(2) No funds appropriated or otherwise made available for any fiscal year may be used to pay, to an individual who concurrently holds or carries out the responsibilities of a position specified in paragraph (1)(A) and a position specified in paragraph (1)(B), the basic pay, salary, or other compensation relating to any such position.(e) Status of intelligence and counterintelligence personnel

Notwithstanding the restrictions of subsections (a) and (b), each officer or employee of the Administration, or of a contractor of the Administration, who is carrying out activities related to intelligence or counterintelligence shall, in carrying out those activities, be subject to the authority, direction, and control of the Secretary of Energy or the Secretary’s delegate.

(Pub. L. 106–65, div. C, title XXXII, § 3220, formerly § 3213, Oct. 5, 1999, 113 Stat. 958; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3157], Oct. 30, 2000, 114 Stat. 1654, 1654A–468; renumbered § 3220, Pub. L. 107–107, div. C, title XXXI, § 3141(a)(1), Dec. 28, 2001, 115 Stat. 1370; Pub. L. 109–364, div. C, title XXXI, § 3117(a)(2)(B), (d), Oct. 17, 2006, 120 Stat. 2507, 2508; Pub. L. 111–84, div. C, title XXXI, § 3121, Oct. 28, 2009, 123 Stat. 2710; Pub. L. 113–66, div. C, title XXXI, § 3145(b), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 113–291, div. C, title XXXI, § 3143(a), Dec. 19, 2014, 128 Stat. 3902.)Editorial NotesCodification

Section was formerly classified to section 2403 of this title.

Amendments

2014—Subsec. (c). Pub. L. 113–291 substituted “activities between—” for “activities between” before par. (1) designation and “; and” for “, and” at end of par. (1) and realigned margins of pars. (1) and (2).

2013—Subsecs. (a)(1)(A), (b). Pub. L. 113–66 made technical amendment to reference in original act which appears in text as reference to section 7132(c)(3) of title 42.

2009—Subsec. (e). Pub. L. 111–84 amended Pub. L. 109–364, § 3117(a). See 2006 Amendment note below.

2006—Subsec. (e). Pub. L. 109–364, § 3117(a), which, in par. (2), directed repeal of subsec. (e) effective Sept. 30, 2010, was amended generally by Pub. L. 111–84, and as so amended, no longer contains a par. (2) or amends this section.

Pub. L. 109–364, § 3117(d), added subsec. (e).

2000—Subsec. (a). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3157(1)], struck out “Administration, in carrying out any function of the” after “employee of the” in introductory provisions.

Subsec. (b). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3157(2)], struck out “, in carrying out any function of the Administration,” after “contractor of the Administration”.

Subsec. (d). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3157(3)], added subsec. (d).

Statutory Notes and Related SubsidiariesEffective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

Notes of Decisions
Cited in 5 cases, 1990–2020 · leading case: Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018).
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Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC, 345 F. Supp. 3d 682 (E.D. Va. 2018). “The Meyer decision cited to 50 U.S.C. § 2410 (f), because that provision governed at the time of the alleged violation in Meyer.”
United States v. Hitt, 107 F. Supp. 2d 29 (D.D.C. 2000). “The subparagraphs describing these two offenses allege that defendants violated the Export Administration Act, 50 U.S.C. § 2410 et seq., and its regulations.”
United States v. Geissler, 731 F. Supp. 93 (E.D.N.Y 1990). “Furthermore, the indictment itself charges *100 Geissler with “knowingly, wilfully and unlawfully” conspiring to commit an offense against the United States in violation of 50 U.S.C. § 2410 and the EAR “by conspiring to engage in the business of exporting .”
United States v. Dearborn Refining Co., 777 F. Supp. 2d 1077 (E.D. Mich. 2011). “§ 819 (a)(4) (since amended); 50 U.S.C. § 2410 (f). Never *1083 theless, the critical point is that adopting Defendants’ position would create the anomaly of different triggering events for accrual of administrative penalty claims for different statutes: an accrual date based on…”
Arthur Rosengren v. Curtiss-Wright Corp. (C.D. Cal. 2020). “50 U.S.C. § 2410 , 50 U.S.C. § 1705 . 2 permitted reasonable and necessary uses of such material in preparation for and in the 3 conduct of trial, and to serve the ends of justice, a protective order for such information is 4 justified in this matter.”
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