S4-DEL-SC1-2023, Redelegation to the Director, Office of Science

DEPARTMENT OF ENERGY REDELEGATION ORDER NO. S4-DEL-SC1-2023 TO THE DIRECTOR, OFFICE OF SCIENCE 1. REDELEGATION. Under the authority vested in me as Under Secretary for Science (and Innovation) 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 Director, Office of Science 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 Director, Office of Science's assigned programs and organizational elements as the Director, Office of Science may deem to be necessary or appropriate. A. In exercising this authority, or as redelegated pursuant thereto, the Director, Office of Science 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 Field Elements and to an official or officials one level below the Head of the Departmental Element. D. The authority to establish or discontinue organizational elements at the second tier or below may be redelegated only to the Heads of Departmental 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 not be redelegated. 2 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 the Office of Science. 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 the Office of Science. 1.4 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.

1.5 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 1.6 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 simulation techniques and administer authorized funding to carry out the activities under this subsection. 1.7 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 3 software and hardware) to advance high-end computing systems, including program for exascale computing under this section, to promote the missions of the Department. 1.8 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 particular technical and financial milestones to be met before a participant is awarded grants by the Department through a competitive award process. 1.9 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, with the exception of those under section 646(g) of the DOE Act, may be redelegated. 1.10 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. 1.11 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.

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 4 Critical Materials Information Portal to collect, catalogue, disseminate, and archive information on critical materials. 1.12 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. 1.13 Approve determinations preceding Program Opportunity Notices (PONs). 1.14 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. 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. 1.15 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 5 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. Redelegation Order No. S4-DEL-SC1-2021 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 or Under Secretary for Science (and Innovation) 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 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 Director, Office of Science 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. 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. 6 5.2 This Redelegation Order is effective ________________. _____________________ Geraldine Richmond Under Secretary for Science (and Innovation) April 10, 2023