About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-336406 May 29, 2024 1 (2024-05-29)

handle is hein.gao/gaoqeg0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548
B-336406
May 29, 2024
The Honorable Joe Manchin
Chairman
The Honorable John Barrasso
Ranking Member
Committee on Energy and Natural Resources
United States Senate
The Honorable Cathy McMorris Rodgers
Chair
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives
Subject: Department of Energy: Loan Guarantees for Clean Energy Projects
Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Energy (DOE) entitled Loan Guarantees for Clean Energy
Projects (RIN: 1901-AB59). We received the rule on May 22, 2024. It was published in the
Federal Register as an interim final rule on May 30, 2023. 88 Fed. Reg. 34419. The effective
date of the rule is May 30, 2023.
According to DOE, this interim final rule amends the regulations implementing the loan
guarantee provisions in Title XVII of the Energy Policy Act of 2005 (Title XVII), Pub. L.
No. 109-58, 119 Stat. 594 (Aug. 8, 2005), to implement provisions of the Inflation Reduction Act
of 2022 (IRA), Pub. L. No. 117-169, 136 Stat. 1818 (Aug. 16, 2022), that expand or modify the
authorities applicable to the Title XVII Loan Guarantee Program. DOE states that the rule:
establishes regulations necessary to implement the Energy Implementation Reinvestment
Program and other categories of projects authorized by IRA for Title XVII loan guarantees;
revises provisions directly related to DOE's implementation of the Title XVII Loan Guarantee
Program as expanded by IRA; amends provisions to conform with the broader changes to the
Title XVII Loan Guarantee Program; and revises certain sections for clarity and organization.
The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date does not apply,
however, if the agency finds for good cause that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest, and the agency incorporates the
finding and a brief statement of its reasons in the rule. 5 U.S.C. § 808(2). DOE determined that
prior notice and comment were contrary to the public interest given the timeline Congress had
imposed on DOE for guaranteeing loans up to a total principal amount of $290 billion prior to the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most