S1-DEL-EE2-2022, Delegation of Authority, EPACT 2005, section 988 and American Recovery Reinvestment Act of 2009, section 1605

The Secretary of Energy Washington, DC 20585 MEMORANDUM FOR KELLY J. SPEAKES-BACKMAN SUBJECT: Delegation of Authority, EPACT 2005, section 988 and American Recovery Reinvestment Act of 2009, section 1605 Under the authority vested in me as Secretary of Energy and pursuant to section 642 of the Department of Energy Organization Act (Public Law 95-91, 42 U.S.C. 7252), I delegate to the Principal Deputy Assistant Secretary for Energy Efficiency and Renewable Energy the authority to take the following actions: 1. Under section 988 of the Energy Policy Act of 2005 the authority to: 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 research 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 These authorities may not be redelegated and shall remain in effect until rescinded, amended, or superseded. These authorities may be exercised only after providing notification to the Office of the Secretary. Furthermore, the approval Authorities delegated in subparagraphs A and B can be exercised only in coordination with the Secretarial Policy Statement entitled, “Application and Reduction or Elimination of Cost Share Requirements Under Section 988 of EPACT 2005, Public Law 109-58.” 2. Exercise the authority of the Secretary of Energy under sections 1605(b)(1), 1605(b)(2) and 1605(b)(3) of the American Recovery and Reinvestment Act of 2009 (“Recovery Act”) (Public Law 111-5) to waive, after making specific findings, the application of section 1605(a) of the Recovery Act to expenditures within the purview of responsibility of the Assistant Secretary for Energy Efficiency and Renewable Energy. Section 1605(a) requires that none of the funds appropriated or otherwise made available under the Recovery Act may be used for construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods are produced in the United States. Further, in exercising this authority, a delegate will carry out the S1-DEL-EE2-2022 responsibility contained in section 1605(c) to publish in the Federal Register a detailed written justification for each waiver as to why the provision is being waived. This authority may not be redelegated. Effective date __07/01/2022_________________. ___________________________ Jennifer M. Granholm ATTACHMENTS (1) Delegation Order No. S1-DEL-S4-2022 (2) Redelegation Order No. S4-DEL-EE1-2021 (3) Application and Reduction or Elimination of Cost Share Requirements Under Section 988 of EPACT 2005, Public Law 109-58