Please use the following procedures when Proposing New Delegations, Redelegating Existing Delegations, Proposing an Amendment, Rescinding a Delegation, and when a Delegation is not needed.  

Proposing New Delegations

When proposing a new Delegation of Authority you must include the following as a minimum:

• Citation of the original source of the authority (i.e. statute, executive order or proclamation, or regulations issued by other Executive Branch agencies);
• Description of the authority to be delegated;
• Any limitation(s) imposed, including restrictions on redelegation;
• Citation of any previous delegation(s) of authority which is/are to be amended or rescinded, if applicable;
• A signature block; and
• Standard Departmental boilerplate language and format (contact LaVerne Fuller, (MA-44), at 202-586-1996 for an electronic copy).
  

Prepare an accompanying action memorandum to the Secretary stating your issue, discussion and recommendation.

Ensure that proposed delegation is coordinated with the Office of the Assistant General Counsel for General Law, (GC-77), and appropriate Departmental Elements having a direct interest in the delegation.

Ensure that General Counsel, (GC-1), and Head(s) of Departmental Element(s) having a direct interest in the delegation concurs.

Redelegating Existing Delegations

When proposing a Redelegation of your existing Delegation of Authority, the grantor may place limitations or add stipulations to the redelegation. The redelegation does not relinquish the grantor's power to exercise that authority, nor does the redelegation relieve the grantor from responsibility for action(s) taken pursuant to the Delegation. The redelegation must as a minimum include the same procedures listed in number 1 above. 

Proposing an Amendment

When proposing an Amendment to an existing Delegation of Authority, the proposed amendment must be incorporated into the existing delegation of authority, and where applicable, existing redelegation of authority. Procedures for effecting such amendments are as follows:

• Use an electronic copy of the existing delegation of authority (obtained from LaVerne Fuller, (MA-44), at 202-586-1996) as a base, incorporate and highlight the proposed amendment(s).
• Prepare an action memorandum to the Secretary with the proposed amendment(s), justification, and recommendation, along with the draft order containing the highlighted change(s).
• Ensure that proposed amendment is coordinated with the Office of the Assistant General Counsel for General Law (GC-77) and any Departmental Elements having a direct interest in the delegation of authority.
• Ensure that General Counsel, (GC-1), and Head(s) of Departmental Element(s) having a direct interest in the delegation concur.

Rescinding a Delegation

When rescinding a Delegation of Authority, normally, old delegations of authority are rescinded as new delegations of authority replace them by citing the old delegation of authority assigned number. Occasionally, an entire delegation of authority may need to be rescinded. Delegations of authority may be rescinded by a memorandum signed by the Secretary.

Delegation Is Not Needed

When a Delegation of Authority is not needed:

• Memoranda designating an individual to serve in an "acting" capacity during the absence of a Department of Energy official.
• Delegation of routine office-management and/or administrative responsibilities from one official to another within a particular office.
• Specific actions assigned by law, regulation, or Executive Order to the Department of Energy, the Agency, or the Administration, rather than a specific official(s). Requirements of this type are generally addressed through the Department's directives system.
• Secretarial Designations of Authority, which are legal instruments used when agency heads are required by law or regulation to designate an individual within the Department as the Agency Official or focal point for a specific program or activity. For example, the Secretary is required by law to designate an individual within the Department as the Designated Agency Ethics Official. This is accomplished through a Secretarial Designation of Authority. (Contact GC-77 for a sample Designation Order and for legal guidance.)