DOE Memo Directs Shielding of DOGE Documents Amidst Assessment Procedures

The Department of Energy (DOE) sent out a memo to DOE staff a few weeks ago. It specifically directed them to mark any files coming from the Division of Grants and Energy (DOGE) as “authorized privilege.” This directive, outlined by Acting General Counsel David R. Taggart, aims to establish guidelines for assessing the efficiency and consistency of the agency's grants and contracts with DOE policies and priorities. The memo, dated March 17, that was first obtained by Axios, illustrates the DOE’s mindset moving forward to possible reductions in the entire division.

Taggart's memo emphasizes the inclusion of the DOE's national laboratory system in the assessment process. These national laboratories, which are managed on behalf of the government by private companies through contracts, are a bedrock of DOE activity. All the employees involved have been instructed to be short and uniform when filling out the spreadsheets that go with the safety assessments. The toxic litigation posture around DOGE-related cuts also requires this from us.

This new DOGE directive shines a bit of light on how those cuts could be implemented. These spreadsheets, once they leave DOE offices, risk being subject to much less scrutiny. Without this oversight, it will be impossible to guarantee the transparency and impartiality our assessment process should strive for. Additionally, no corners of the DOE have been given immunity from these reviews.

The standard contracts of the DOE contain specific language that allows for the termination of an award if it "no longer effectuates the program goals or agency priorities." This provision makes clear that the department has broad latitude to move things around as priorities shift.

"Consistent with DOE policies and priorities," stated David R. Taggart.

Political appointees within the DOE have been tasked with determining whether grants and contracts meet the criteria of efficiency and consistency with departmental goals. This robust decision-making process is an important step toward ensuring the VW funds are better aligned with broader DOE equity goals.