S1-DEL-S4-2024-2, Delegation to the Under Secretary for Science (and Innovation)
Rescinds:
Rescinded By:
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
DEPARTMENT OF ENERGY
DELEGATION ORDER NO. S1-DEL-S4-2024-2
TO THE UNDER SECRETARY FOR SCIENCE (AND INNOVATION)
1. DELEGATION. 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 Under Secretary for Science (and Innovation) authority to take
the following actions:
1.1 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
organizational units or components within the Under Secretary for Science (and
Innovation)’s assigned programs and organizational elements as the Under
Secretary for Science (and Innovation) may deem to be necessary or appropriate.
A. In exercising this authority, or as redelegated pursuant thereto, the
Under Secretary for Science (and Innovation) 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 additions, deletions, or
transfers of mission and functions of or between Departmental
Headquarters or Field Elements, 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 Elements.
D. The authority to establish or discontinue organizational elements at the
second tier or below may be redelegated only to the Head of
Departmental Headquarters or Field Elements.
1.2 In reference to the sale or lease of real property at a Department of Energy
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 be exercised only after obtaining the
concurrence of the General Counsel. This authority may be redelegated only 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.
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1.3 Under section 624 of the Department of Energy Organization Act (42 U.S.C.
7234) and in accordance with the Federal Advisory Committee Act (5 U.S.C. 10,
et seq.), nominate, appoint, renew the term of, and terminate the service of
members; convene meetings; and make the determination to close all or part of
a meeting in accordance with 5 U.S.C. 552b(c) for all committees organized
pursuant to the Federal Advisory Committee Act that are administratively
supported by an organization reporting to the Under Secretary for Science (and
Innovation). Pursuant to 18 U.S.C. 208(b)(3), 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 Science (and Innovation).
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1.4 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 Secretary for Science (and Innovation), continuing operations might
result in an undue risk to the environment or to the safety and health of
Departmental or contractor employees or to the public. This authority may not
be redelegated.
1.5 Under section 988 of the Energy Policy Act of 2005 (Public Law 109-58, codified
at 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 research and development of a basic or fundamental nature from
the cost sharing requirements, as described in section 988(b)(2).
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 of Cost Share Requirements under
Section 988 of Energy Policy Act (EPACT) of 2005, Pub. L. 109-58.” These
authorities may not be redelegated below the position of Principal Deputy
Assistant Secretary.
1.6 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
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interests therein for the Department of Energy (Department or DOE). The
authority to initiate condemnation proceedings and execute declarations of
taking shall not be redelegated.
1.7 On a nonexclusive basis, under section 4510 of the Atomic Energy Defense Act
(50 U.S.C. 2661):
A. Take the actions described in subsection (b)(1) that are necessary for the
development of a plan to mitigate the threat an unmanned aircraft system or
unmanned aircraft poses to the safety or security of a covered facility or
asset. This authority may be redelegated to the Assistant Secretary for
Nuclear Energy with respect to Idaho National Laboratory only. This authority
may not otherwise be redelegated.
B. Take the actions described in subsection (b)(1) that are necessary for the
development and implementation of a counter unmanned aircraft system
(CUAS) program with respect to Idaho National Laboratory. This authority
may only be redelegated to the Assistant Secretary for Nuclear Energy.
1.8 Pursuant to section 3002(d)(1) of the Native American Graves Protection and
Repatriation Act (NAGPRA; Pub. L. 101-601; 25 U.S.C. 3002) perform all duties
necessary to certify receipt of written notification of inadvertent discovery of
Native American human remains and objects.
1.9 Perform the Federal land manager’s duties as required by, and relating to, the
Archaeological Resources Protection Act (ARPA; 16 U.S.C. 470aa et seq.), except
for promulgation of rules and regulations under 16 U.S.C. 470ii(b) which is
reserved for the Secretary. The following duties may not be redelegated below
the site or field office manager:
A. Determination by the Federal land manager before issuance of an ARPA
permit, as required by 16 U.S.C. 470cc.(b);
Section 3
B. Notification to an Indian tribe under 16 U.S.C. 470cc.(c); and
C. Assessment of civil penalties, requests for collection of civil penalties, and
hearings related to civil penalties by the Federal land manager under 16
U.S.C. 470ff.(a), (b), and (c).
1.10 Pursuant to Section 309 of Title III of Division D of the Consolidated
Appropriations Act, 2023 (Public Law 117-328) (“Section 309”) and Section
40322 of the Investment, Infrastructure, and Jobs Act (Public Law 117-58)
(“Section 40322”):
A. Vest unconditional title or other property interests acquired under
energy development, demonstration, and deployment programs funded
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under Department of Energy appropriations (other than those for the
National Nuclear Security Administration and Office of Environmental
Management) in an award recipient, subrecipient, or successor in
interest, including the United States, at the conclusion of the award
period for projects receiving an initial award in fiscal year 2022 or later.
B. Assign to any entity, including the United States, fee title or any other
property interest acquired by the Secretary under an agreement entered
with respect to projects under the Department’s Advanced Reactor
Demonstration programs or any other advanced nuclear reactor project
for which federal funding is provided for development and
demonstration as described in Section 40322.
1.11 Under the Energy Act of 2020 (Public Law 116-260, Div. Z), establish, in
conjunction with the Secretary of the Interior or their designee, the joint Nexus
of Energy and Water (NEWS) Research, Development, and Demonstration
(RD&D) Office and Interagency RD&D Coordination Committee on the NEWS and
carry out all duties as specified in section 1010(a)(3). This authority may not be
redelegated.
Office of Electricity
1.12 Execute all activities necessary to carry out under section 40111 of the
Infrastructure Investment and Jobs Act (Public Law 117-58) a study of codes and
standards for the use of energy storage systems across sectors.
1.13 Under the Energy Independence Security Act of 2007 (Public Law 110-140):
A. Pursuant to section 137 (42 U.S.C. 17014), execute all activities necessary
to carry out research, development, and demonstration to advance
electric vehicle integration on the electric grid in coordination with the
Grid Deployment Office and other program offices, as appropriate.
B. Pursuant to section 1304 (42 U.S.C. 17384), execute all activities
necessary to carry out a smart grid technology research, development,
and demonstration program in coordination with the Grid Deployment
Office and other program offices, as appropriate.
C. Execute all activities necessary to carry out under section 1304A (42
U.S.C. 17384a) a program of research, development, demonstration, and
commercial application on electric grid modeling, sensing, visualization,
architecture development, and advanced operation and controls.
D. Execute all activities necessary to carry out under section 1310 (42 U.S.C.
17387) a research, development, and demonstration program to develop
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cost-effective integrated energy systems and develop a strategic plan
pursuant to section 1310(b) (42 U.S.C. 17387(b)).
E. Execute all activities necessary to carry out section 1311 (42 U.S.C.
17014) to designate and solicit advice from an existing advisory
committee on the authorization of research, development, and
demonstration projects under sections 1304 and 1304A (42 U.S.C. 17384
and 17384a).
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1.14 Under the Energy Policy Act of 2005 (Public Law 109-58):
A. Pursuant to section 936 (42 U.S.C. 16236), execute all activities necessary
to carry out a grid integration research, development, and demonstration
program in coordination with the Grid Deployment Office.
B. Execute all activities necessary to carry out under section 1224 (42 U.S.C.
16423) an Advanced Power System Technology Incentive Program to
support the deployment of certain advanced power system technologies
and improve and protect certain critical governmental, industrial, and
commercial processes.
C. Execute all activities necessary to carry out section 1234 (42 U.S.C.
16432) to conduct a study and submit an annual report on the benefits of
economic dispatch.
D. Execute all activities necessary to carry out programs of research,
development, demonstration, and commercial application on distributed
energy resources and systems reliability and efficiency, to improve the
reliability and efficiency of distributed energy resources and systems,
integrating advanced energy technologies with grid connectivity,
including activities described in Subtitle B of Title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16211-15).
1.15 Under the Energy Act of 2020 (Public Law 116-260, Div. Z):
A. Pursuant to section 8006 (42 U.S.C. 16215), consult with entities specified
in section (b) in carrying out the amendments made by Title VIII, as
appropriate under Federal law.
B. Execute all activities necessary to carry out under section 8007 (42 U.S.C.
17389) a grant program to carry out eligible projects related to the
modernization of the electric grid.
C. Execute all activities necessary to carry out section 8008 (42 U.S.C.
17390) to develop voluntary model pathways for modernizing the electric
grid, establish a steering committee to help develop those pathways, and
provide technical assistance.
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D. Execute all activities necessary to carry out section 8009 to submit a
report on performance metrics for electricity infrastructure providers.
E. Exercise all activities necessary to carry out section 8010 (42 U.S.C.
17391) to assist States, regional organizations, and electric utilities to
facilitate the development of State, regional, and local electricity
distribution plans.
F. Pursuant to section 8011 (42 U.S.C. 17392), execute all activities
necessary to carry out a micro-grid and integrated micro-grid systems
program in coordination with the Grid Deployment Office.
G. Exercise all activities necessary to carry out section 8014 to submit a
report on electricity access and reliability.
1.16 Under section 646(a) of the DOE Organization Act (Public Law 95-91, 42 U.S.C.
7256(a)), enter and perform such contracts, leases, cooperative agreements, or
other similar transactions with public agencies and private organizations and
persons, and to make such payments as deemed necessary or appropriate to
carry out functions delegated to the Assistant Secretary for Electricity.
1.17 Implement section 13 of the Federal Energy Administration Act of 1974 (15
U.S.C. 772), to collect, assemble, evaluate, and analyze energy information and
to exercise all information gathering authorities provided in this section.
1.18 Implement section 11 of the Energy Supply and Environmental Coordination Act
of 1974 (ESECA) (Public Law 93-319, 15 U.S.C. 796), to request, acquire and
collect such energy information as the Under Secretary for Science (and
Innovation) determines to be necessary to assist in the formulation of energy
policy or to carry out the purposes of ESECA, and to exercise all energy
information reporting authorities provided in this section.
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1.19 Participate in any proceeding before the Federal Energy Regulatory Commission,
pursuant to the provisions of section 405 of the Department of Energy
Organization Act (42 U.S.C. 7175), or in any proceeding before any Federal or
State agency or commission, whenever such participation is related to the
exercise of authority delegated to the Under Secretary for Science (and
Innovation). The exercise of this authority is subject to the concurrence of the
General Counsel.
1.20 Exercise all authorities vested in the Secretary of Energy under the Stevenson Wydler
Technology Innovation Act of 1980 (Public Law 96-480), as amended by section 105(a)
of the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Reauthorization Act of 2010 (Public Law 111-358)
and section 401(b) of the American Innovation and Competitiveness Act (Public Law
114-329), as set forth in 15 U.S.C. 3719.
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Office of Energy Efficiency and Renewable Energy
1.21 Considering the policy process set forth in the Memorandum on the
Rulemaking Process issued to all Departmental Elements by the Deputy
Secretary on September 14, 2010, approve and issue all rulemaking and rule-
related documents regarding energy efficiency and renewable energy as
required or authorized by applicable law. This authority does not include the
authority to issue subpoenas, test notices, or other enforcement-related
documents. This authority may be redelegated.
1.22 Under section 656 of the Department of Energy Organization Act (42 U.S.C.
7266), periodically publish a list of certain Executive Agency Conservation
Officers. This authority may be redelegated only to the Assistant Secretary for
Energy Efficiency and Renewable Energy.
1.23 Under 10 C.F.R. 451.2, serve as the Deciding Official for the Renewable Energy
Production Incentive Program, as described in 10 C.F.R. Part 451. This authority
may not be redelegated beyond the Manager of the Golden Field Office. In
exercising the authority in this paragraph, the delegate(s) shall be governed by
the rules and procedures established in 10 C.F.R. Part 451.
1.24 Under the Energy Policy Act of 2005:
A. Under section 822 (added by Pub.L. 117-58, 42 U.S.C. 16166), execute all
activities necessary to develop, issue and adjust, as necessary, clean
hydrogen production qualifications.
B. Pursuant to section 1007 (42 U.S.C. 7256(g)), as amended by section
3118 of the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383), approve the award of Other Transaction
Agreements and perform the other functions of the Secretary as set
forth in 42 U.S.C. 7256(g)(9). This authority may be exercised only by an
officer of the Department who has been appointed by the President by
and with the advice and consent of the Senate, and with the
concurrence of the Department’s Senior Procurement Executive, on a
transaction-by-transaction basis.
1.25 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 the iron, steel, and manufactured goods are produced in
Section 6
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the United States. Further, in exercising this authority, a delegate will carry out
the 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 shall not be redelegated below the position of Principal
Deputy Assistant Secretary.
1.26 Exercise all authorities vested in the Secretary of Energy under the Stevenson-
Wydler Technology Innovation Act of 1980 (Public Law 96-480), as amended by
section 105(a) of the America Creating Opportunities to Meaningfully Promote
Excellence in Technology, Education, and Science Reauthorization Act of 2010
(Public Law 111-358) and section 401(b) of the American Innovation and
Competitiveness Act (Public Law 114-329), as set forth in 15 U.S.C. 3719.
1.27 Under the Infrastructure Investment and Jobs Act, execute all activities
necessary to carry out under section 40207(c) (Public Law 117-58; 42 U.S.C.
18741(c)) a Battery Manufacturing and Recycling Grant Program, in coordination
with the Office of Manufacturing and Energy Supply Chains.
1.28 Under the Energy information and Security Act of 2007 (Public Law 110-140),
under subsection (k) of section 641 (42 U.S.C. 17231(k)), execute all activities
necessary to carry out an electric drive vehicle battery second-life applications
and recycling program.
1.29 Under the Energy Act of 2020 (Public Law 116-260, Div. Z), in coordination with
other offices so authorized:
A. Perform the functions vested in the Secretary of Energy by section
7002(a)(2) (30 U.S.C. 1606(a)(2)) to determine that any non-fuel mineral,
element, substance, or material is a “critical material,” defined to mean
it (i) has a high risk of a supply chain disruption, and (ii) serves an
essential function in one or more energy technologies, including
technologies that produce, transmit, store, and conserve energy. This
authority may not be redelegated below the position of the Assistant
Secretary for Energy Efficiency and Renewable Energy.
B. Execute all activities necessary to carry out under section 7002(g) (30
U.S.C. 1606(g)) a program of research, development, demonstration, and
commercialization-- (A) to develop alternatives to critical materials that
do not occur in significant abundance in the United States; (B) to
promote the efficient production, use, and recycling of critical materials,
with special consideration for domestic critical materials, throughout the
supply chain; (C) to ensure the long-term, secure, and sustainable supply
of critical materials; and (D) to prioritize work in areas that the private
sector by itself is not likely to undertake due to financial or technical
limitations.
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C. Execute all activities necessary to support under section 7002(h) (30
U.S.C. 1606(h)) construction of a Critical Materials Supply Chain Research
Facility.
D. Execute all activities necessary to carry out under section 7002(i) (30
U.S.C. 1606(i)), in coordination with the Department of the Interior, and
in consultation with the Director of the National Science Foundation, a
Critical Materials Information Portal to collect, catalogue, disseminate,
and archive information on critical materials.
Section 7
1.30 Under section 34 of the National Institute of Standards and Technology Act (Pub.
L. 113-235, 15 U.S.C. § 278s), execute all activities necessary to carry out under
section 34(e) (15 U.S.C. 15 U.S.C. § 278s(e)) to establish and support
Manufacturing USA Institutes.
1.31 Under the CHIPS and Science Act of 2022 (Public Law 117-262), establish policies
under section 10263(a)(1)(42 U.S.C. § 18972) to promote the domestic
production of technologies developed by the Manufacturing USA Network, in
consultation with the Secretary of Commerce.
Office of Fossil Energy and Carbon Management
1.32 In reference to the regulation of imports and exports of natural gas:
A. Perform the functions vested in the Secretary of Energy by sections
301(b) and 402(f) of the Department of Energy Organization Act to
regulate natural gas under section 3 of the Natural Gas Act (15 U.S.C.
717b), as amended by section 201 of the Energy Policy Act of 1992 (Public
Law 102-486) and section 311 of the Energy Policy Act of 2005 (Public
Law 109-58):
1. Consistent with the authority delegated by this Order, the Under
Secretary for Science (and Innovation) or a delegate may attach
such terms and conditions to import and export authorizations as
the Under Secretary for Science (and Innovation) or a delegate
shall determine to be appropriate.
2. The authority delegated by this Order does not include the
authority to approve the construction and operation of particular
facilities, the site at which such facilities shall be located, and,
with respect to natural gas that involves the construction of new
domestic facilities, the place of entry for imports or exit for
exports, except the Under Secretary for Science (and Innovation)
or a delegate is authorized to disapprove the construction and
operation of particular facilities, the site at which such facilities
shall be located, and, with respect to natural gas that involves the
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construction of new domestic facilities, the place of entry for
imports or exit for exports.
B. Establish and review priorities for the curtailment of natural gas pursuant
to the Natural Gas Act (15 U.S.C. 717 et seq.) and sections 401, 402, and
403 of the Natural Gas Policy Act of 1978 (Public Law 95-621, 15 U.S.C.
3391-3393); and consult with the Deputy Secretary concerning energy
emergency-related curtailment policy guidance, as necessary or
appropriate.
1.33 For all programs funded by Fossil Energy appropriations, exercise the authority
of the Secretary of Energy under the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (Public Law 111-85), Title III,
Department of Energy, Energy Programs, Fossil Energy Research and
Development, to vest fee title or other property interests acquired in any entity,
including the United States.
1.34 Participate in any proceeding before the Federal Energy Regulatory Commission,
pursuant to the provisions of section 405 of the Department of Energy
Organization Act (42 U.S.C. 7175), or in any proceeding before any Federal or
State agency or commission whenever such participation is related to the
exercise of authority delegated to the Under Secretary for Science (and
Innovation). The exercise of this authority is subject to the concurrence of the
General Counsel.
1.35 Under the Energy Policy Act of 2005 (Public Law 109-58):
A. Execute all activities necessary to carry out the Secretary's
responsibilities in section 349 (42 U.S.C. 15907) related to orphaned well
site plugging, remediation, and restoration.
Section 8
B. Exercise the authority of the Secretary of Energy under Title IV, Subtitle
A, Section 402(f) (42 U.S.C. 15962) with respect to scheduled completion
of selected Clean Coal Power Initiative projects.
C. Execute all activities necessary to carry out under section 961 (42 U.S.C.
16291) a research, development, demonstration, and commercial
application programs in fossil energy.
D. Execute all activities necessary to carry out under section 962 (42 U.S.C.
16292) a carbon capture technology program in coordination with the
Office of Clean Energy Demonstrations.
E. Execute all activities necessary to carry out under section 963 (42 U.S.C.
16293) carbon storage validation and testing program.
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F. Execute all activities necessary to carry out under section 964 (42 U.S.C.
16294) a program for research and development on coal mining
technologies.
G. Execute all activities necessary to carry out under section 965 (42 U.S.C.
16295) oil and gas research, development, demonstration, and
commercial application programs.
H. Execute all activities necessary to carry out under section 966 (42 U.S.C.
16296) a program of research, development, demonstration, and
commercial application to maximize the productive capacity of marginal
wells and reservoirs.
I. Execute all activities necessary to establish and carry out under section
967 (42 U.S.C. 16297) a Complex Well Technology Testing Facility at the
Rocky Mountain Oilfield Testing Center to increase the range of
extended drilling technologies.
J. Execute all activities necessary to carry out under section 969 (42 U.S.C.
16298) a program of research, development, demonstration, and
commercialization related to carbon utilization.
K. Execute all activities necessary to carry out under section 969A (42 U.S.C.
16298a) a program of research, development, and demonstration for
carbon utilization.
L. Execute all activities necessary to carry out under section 969B (42 U.S.C.
16298b) a multiyear, multiphase program of research, development, and
technology demonstration to improve the efficiency of gas turbines used
in power generation systems and aviation.
M. Execute all activities necessary to carry out under section 969D (42 U.S.C.
16298d) a research, development, and demonstration program to test,
validate, or improve technologies and strategies to remove carbon
dioxide from the atmosphere on a large scale in coordination with other
DOE offices and Federal agencies as appropriate.
N. Execute all activities necessary to carry out under Subtitle J (42 U.S.C.
16371-78) a carbon dioxide transportation infrastructure finance and
innovation program, in coordination with the Loan Programs Office.
1.36 Under the Energy Act of 2020 (Public Law 116-260, Div. Z):
A. Execute all activities necessary to carry out under section 4007 a study to
examine opportunities for research and development in integrating blue
hydrogen technology in the industrial power sector and to submit a
report that describes the results of that study.
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B. Execute all activities necessary to carry out under section 4008 (42 U.S.C.
10310) a research and development program on produced water.
C. Execute all activities necessary to carry out under section 7001 (42 U.S.C.
13344) a program of research and development on advanced separation
technologies for the extraction and recovery of rare earth elements and
other critical materials from coal and coal byproducts and to fund a full-
scale integrated rare earth element extraction and separation
demonstration facility and refinery, in coordination with the Office of
Manufacturing and Energy Supply Chains.
Section 9
D. Execute all activities necessary to carry out under section 7002(g) (30
U.S.C. 1606(g)) a program of research, development, demonstration, and
commercialization-- (A) to develop alternatives to critical materials that
do not occur in significant abundance in the United States; (B) to
promote the efficient production, use, and recycling of critical materials,
with special consideration for domestic critical materials, throughout the
supply chain; (C) to ensure the long-term, secure, and sustainable supply
of critical materials; and (D) to prioritize work in areas that the private
sector by itself is not likely to undertake due to financial or technical
limitations.
E. Execute all activities necessary to support under section 7002(h) (30
U.S.C. 1606(h)) construction of a Critical Materials Supply Chain Research
Facility.
F. Execute all activities necessary to carry out under section 7002(i) (30
U.S.C. 1606(i)), in coordination with the Department of the Interior, and
in consultation with the Director of the National Science Foundation, a
Critical Materials Information Portal to collect, catalogue, disseminate,
and archive information on critical materials.
1.37 Under the Energy Policy Act of 1992 (Public Law 102-486), execute all activities
necessary to carry out under subtitles A and B of Title XIII (42 U.S.C. 13331-
13343, 13351) coal research, development, demonstration, and commercial
application program.
1.38 Under the DOE Carbon Capture and Sequestration Research, Development, and
Demonstration Act of 2007 (Public Law 110-140, Title VII, Subtitle A), execute all
activities necessary to carry out under section 703 (42 U.S.C. 17251) a program
to demonstrate technologies for the large-scale capture of carbon dioxide from
industrial sources.
1.39 Under the Methane Hydrate Research and Development Act of 2000 (Public Law
106-193, 30 U.S.C. 2001 et seq.), execute all activities necessary to carry out a
methane hydrate research and development program.
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1.40 Exercise all authorities vested in the Secretary of Energy under the Stevenson
Wydler Technology Innovation Act of 1980 (Public Law 96-480), as amended by
section 105(a) of the America Creating Opportunities to Meaningfully Promote
Excellence in Technology, Education, and Science Reauthorization Act of 2010
(Public Law 111-358) and section 401(b) of the American Innovation and
Competitiveness Act (Public Law 114-329), as set forth in 15 U.S.C. 3719.
1.41 Under the Infrastructure Investment and Jobs Act (Public Law 117-58), execute
all activities necessary to carry out under section 40207(b) (42 U.S.C. 18741(b)) a
Battery Material Processing Grant Program, in coordination with the Office of
Manufacturing and Energy Supply Chains.
Office of Nuclear Energy
1.42 Under section 91.b of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2121), and National Security Decision Directive Number 282 (September 30,
1987) on matters related to the Office of Nuclear Energy:
A. Authorize the transfer of special nuclear material to the Departments of
the Army, Air Force, and Navy (Navy Facilities Engineering Command
only) 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.
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B. Authorize the Departments of the Army, Air Force, and Navy to
manufacture, produce, or acquire utilization facilities, other than with
respect to nuclear powered ships, for which Congress shall have
authorized funds.
1.43 Execute all activities necessary to provide research and development assistance
under section 31(a) of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2051(a)).
1.44 On matters pertaining to the former Office of Civilian Radioactive Waste
Management:
A. Sign all documents and take such other actions as may be necessary and
appropriate for the submission for publication to the Federal Register of
notices concerning actions undertaken to implement the authorities and
functions provided in the Nuclear Waste Policy Act of 1982 (Public Law
97-425). The authority delegated does not include rulemaking authority.
B. Assert, on a nonexclusive basis, the Federal Government’s deliberative
process privilege.
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1.45 Execute all activities necessary to carry out the HALEU Availability Program
under section 2001(a) of the Energy Act of 2020 (42 U.S.C. 16281(a)), which
mandates establishing and carrying out a program to support the availability of
High-Assay, Low-Enriched Uranium (HALEU) for civilian domestic research,
development, demonstration, and commercial use.
1.46 Execute all activities necessary to offer financial and technical assistance to
entities to conduct feasibility studies for the purpose of identifying suitable
locations for the deployment of micro-reactors, small modular reactors, and
advanced nuclear reactors in isolated communities, as directed by section
40321(d) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18751(d)).
1.47 Under the Energy Policy Act of 2005 (Public Law 109-58):
A. Execute all activities under section 951 (42 U.S.C. 16271) necessary to
carry out programs of civilian nuclear research, development,
demonstration, and commercial application, including activities under
this subtitle.
B. Execute all activities under section 953 (42 U.S.C. 16273) necessary to
conduct an advanced fuel cycle research, development, demonstration,
and commercial application program to support the goals described in
this section.
C. Execute all activities under section 954, as amended (42 U.S.C. 16274
(5)), necessary to carry out the Advanced Nuclear Research
Infrastructure Enhancement Subprogram.
D. Execute all activities under section 955 (42 U.S.C. 16275) necessary to
operate and maintain infrastructure and facilities to support the nuclear
energy research, development, demonstration, and commercial
application programs, including radiological facilities management,
isotope production, and facilities management.
E. Execute all activities under section 957, as amended (42 U.S.C. 16277), to
carry out a program to enhance the capabilities of the U.S. to develop
new reactor technologies through high-performance computation
modeling and simulation techniques.
F. Under section 959A (42 U.S.C. 16279a), establish and carry out the
Advanced Reactor Demonstration Program.
G. Execute all activities necessary to carry out section 959C, as amended
(42 U.S.C. 16279c), in the organization and administration of nuclear
energy programs.
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1.48 Pursuant to section 107(a) of the Energy Reorganization Act of 1974 (42 U.S.C.
5817(a)), take such steps as the Under Secretary for Science (and Innovation)
deems necessary to ensure the continued conduct of research and development
and related activities in areas or fields the Under Secretary for Science (and
Innovation) deems to be pertinent to the acquisition of an expanded fund of
scientific, technical, and practical knowledge in energy matters.
Section 11
1.49 Under section 646(a) of the Department of Energy Organization Act (42 U.S.C.
7256(a)), enter and perform such contracts, leases, cooperative agreements, or
other similar transactions with public agencies and private organizations and
persons, and make such payments as deemed necessary or appropriate to carry
out functions delegated to the Under Secretary for Science (and Innovation).
1.50 Perform activities related to international energy cooperation:
A. Execute all activities necessary to carry out a program for international
nuclear energy cooperation under section 959B of the Energy Policy Act
of 2005 (42 U.S.C. 16279b).
B. Execute all activities necessary to encourage and participate in
international cooperation in energy and related environmental research
and development, as permitted by section 103(9) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5813(9)).
C. Execute all activities necessary to carry out a program under section
985(a) of the Energy Policy Act of 2005, as amended (42 U.S.C. 16341(a))
to promote cooperation on energy issues with countries of the Western
Hemisphere.
1.51 Under Section 2(a) of Presidential Proclamation 10371, pursuant to the
instructions at 87 FR 25629 (May 2, 2022), in consultation with the Secretaries of
State and Commerce, or their delegates, make determinations that no viable
source of supply of source material, special nuclear material, and nuclear
byproduct material is available that would not require transport by Russian-
affiliated vessels.
1.52 Under Sections 3131(e)(1) and (f) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31, 42 U.S.C. 16282(e)(1) and (f)), execute all
activities necessary to establish and implement the Nuclear Fuel Security
Program to increase the quantity of high-assay, low-enriched uranium (HALEU)
and, if determined to be necessary, low-enriched uranium (LEU) produced by
United States nuclear energy companies.
1.53 Under Sections 3131(e)(3) and (h) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31, 42 U.S.C. 16282(e)(3) and (h)), execute all
activities necessary to establish and implement the HALEU for Advanced Nuclear
16
Reactor Demonstration Projects Program to: (i) meet the needs and schedules of
advanced nuclear reactor developers until such time that commercial
enrichment and deconversion capability for HALEU exists in the United States at
a scale sufficient to meet future needs; and (ii) where practicable, partner with
countries that are allies or partners of the United States to meet those needs
and schedules until that time.
1.54 Under the Prohibiting Russian Uranium Imports Act (Public Law 118-62, 42 U.S.C.
2297h-10a(d)(2)), execute all activities necessary to waive the prohibition on the
importation of Russian LEU, in consultation with the Secretary of State and the
Secretary of Commerce, upon determining that: (i) no alternative viable source
of LEU is available to sustain the continued operation of a nuclear reactor or a
United States nuclear energy company; or (ii) importation of Russian LEU is in
the national interest.
Office of Science
1.55 Execute all activities necessary to carry out the Computational Science Graduate
Fellowship program under section 10104(j) of the CHIPS Act of 2022 (42 U.S.C.
18642), which authorizes the Secretary to support the Computational Science
Graduate Fellowship program in order to facilitate collaboration between
graduate students and researchers at the National Laboratories, and contribute
to the development of a diverse and inclusive computational workforce to help
advance research in all areas of computational science relevant to the mission of
the Department, including quantum computing, and administer authorized
funding to carry out the activities under this subsection.
Section 12
1.56 Under the National Quantum Initiative Act (15 U.S.C. 8851):
A. Execute all activities necessary under section 403 to carry out a research,
development, and demonstration program to accelerate innovation in
quantum network infrastructure and administer authorized funding to
carry out the activities under this subsection.
B. Execute all activities necessary under section 404 to establish and carry
out a program, to be known as the ‘Quantum User Expansion for Science
and Technology program’ or ‘QUEST program,’ to encourage and
facilitate access to United States quantum computing hardware and
quantum computing clouds for research purposes and administer
authorized funding to carry out the activities under this subsection
1.57 Execute all activities necessary to carry out a program under section 307 of the
Department of Energy Research and Innovation Act (42 U.S.C. 18645) to conduct
and support collaborative research, development, and demonstration of fusion
energy technologies, through high-performance computation modeling and
17
simulation techniques and administer authorized funding to carry out the
activities under this subsection.
1.58 Under section 2 of the American Super Computing Leadership Act of 2017 (15
U.S.C. 5542), execute all activities necessary to carry out a coordinated program
across the Department of research and development (including development of
software and hardware) to advance high-end computing systems, including
program for Exascale computing under this section, to promote the missions of
the Department.
1.59 Under Section 9005 of the Energy Act of 2020 (42 U.S.C. 7256c), execute all
activities necessary to carry out demonstration projects as a milestone-based
demonstration project that requires technical and financial milestones to be met
before a participant is awarded grants by the Department through a competitive
award process.
1.60 Using authority of the Secretary under section 646(g) of the Department of
Energy Organization Act (42 U.S.C. 7256(g)) to enter into transactions (other
than contracts, cooperative agreements, and grants), execute all activities under
section 2008 of the Energy Act of 2020 (42 U.S.C. 18645) necessary to carry out
the milestone-based fusion energy development program under this section,
which requires projects to meet particular technical milestones before a
participant is awarded funds by the Department. These authorities, except for
those under section 646(g) of the DOE Act, may be redelegated.
1.61 Execute all activities necessary to conduct programs under section 971(a) of the
Energy Policy Act of 2005 (42 U.S.C. 16311(a)) of research, development,
demonstration, and commercial application in high energy physics, nuclear
physics, biological and environmental research, basic energy sciences, advanced
scientific computing research, and fusion energy sciences, including include
support for facilities and infrastructure, education, outreach, information,
analysis, and coordination activities.
1.62 Under the Energy Act of 2020 (Public Law 116-260, Div. Z):
A. Execute all activities necessary to carry out under section 7002(g) (30
U.S.C. 1606(g)) a program of research, development, demonstration, and
commercialization-- (A) to develop alternatives to critical materials that
do not occur in significant abundance in the United States; (B) to
promote the efficient production, use, and recycling of critical materials,
with special consideration for domestic critical materials, throughout the
supply chain; (C) to ensure the long-term, secure, and sustainable supply
of critical materials; and (D) to prioritize work in areas that the private
sector by itself is not likely to undertake due to financial or technical
limitations.
Section 13
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B. Execute all activities necessary to support under section 7002(h) (30
U.S.C. 1606(h)) construction of a Critical Materials Supply Chain Research
Facility.
C. Execute all activities necessary to carry out under section 7002(i) (30
U.S.C. 1606(i)), in coordination with the Department of the Interior, and
in consultation with the Director of the National Science Foundation, a
Critical Materials Information Portal to collect, catalogue, disseminate,
and archive information on critical materials.
1.63 Under section 8 of the Federal Nonnuclear Energy Research and Development
Act of 1974 (Public Law 93-577, 42 U.S.C. 5907(a)) carry out functions relating to
identification of opportunities to accelerate the commercial applications of new
energy technologies.
1.64 Approve determinations preceding Program Opportunity Notices (PONs).
1.65 Under Title IV of Public Law 106-554 in reference to the American Museum of
Science and Energy (Museum):
A. Accept and dispose of any gift, devise, or bequest of services or property,
real or personal, valued at or under $25,000, that is designated in a
written document by the person making the gift, devise, or bequest as
intended for the Museum, having determined that such gift, devise, or
bequest is suitable and beneficial for use by the Museum. The acceptance
of any such gift, devise, or bequest must be concurred on by the Office of
Chief Counsel, Oak Ridge Operations Office, or the Office of the Assistant
General Counsel for General Law. All donations of any gift, devise, or
bequest of services or property, real or personal, valued above $25,000
shall be approved by the Secretary of Energy.
B. Operate a retail outlet on the premises of the Museum for the purpose of
selling or distributing items that are relevant to the contents of the
Museum and are informative, educational, and tasteful.
C. Collect reasonable fees, where feasible and appropriate, for admission to
the Museum and use of Museum facilities for special meetings and
events.
D. Exhibit, perform, display, and publish materials and information of or
relating to the Museum in any media or place.
E. Approve guidelines for leasing space on the premises of the Museum,
and lease space on the premises of the Museum at reasonable rates and
for uses consistent with such guidelines.
19
F. Recruit, train, and accept the services of individuals or entities as
volunteers for services or activities related to the Museum.
G. Use the proceeds from the aforementioned activities to pay the costs of
the Museum.
1.66 Operate, manage, and administer the Department of Energy Isotope Program, as
authorized under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et
seq.), and manage and administer the Department of Energy Isotope Program
Revolving Fund, established under Public Law 101-101 and Public Law 103-316.
This delegated authority shall include all functions relating to, and necessary for,
the production, sale, and distribution of isotopes authorized by Federal law and
regulation.
2. RESCISSION. Delegation Order No. S1-DEL-S4-2024 is hereby rescinded.
3. LIMITATION.
3.1 In exercising the authority delegated in this Order, a delegate shall be governed
by the rules and regulations of the Department of Energy and the policies and
procedures prescribed by the Secretary or delegate(s).
3.2 Nothing in this Order precludes the Secretary from exercising any of the
authority delegated by this Order.
Section 14
3.3 Nothing in this Order shall be construed to supersede or otherwise interfere with
the authorities provided to the Administrator for Nuclear Security by law or by
delegation. Furthermore, nothing herein constitutes authority to exercise
authority, direction, or control of an employee of the National Nuclear Security
Administration or its contractors.
3.4 Any amendments to this Order shall be made in consultation with the
Department of Energy General Counsel.
4. AUTHORITY TO REDELEGATE.
4.1 Except as expressly prohibited by law, regulation, or this Order, the Under
Secretary for Science (and Innovation) 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.
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5.1 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 ratified and remain in force as if taken under this Order, unless or
until rescinded, amended, or superseded.
5.2 This Delegation Order is effective __10/18/2024_______.
____________________
Jennifer M. Granholm
Secretary of Energy