[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1160 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1160

  To improve the administration of the Department of Energy, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2011

 Mr. Bingaman (for himself and Ms. Murkowski) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To improve the administration of the Department of Energy, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy Administrative 
Improvement Act of 2011''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of Energy.

SEC. 3. FUTURE-YEARS DEPARTMENT OF ENERGY PROGRAM.

    (a) In General.--Part C of title VI of the Department of Energy 
Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the 
end the following:

``SEC. 664. FUTURE-YEARS DEPARTMENT OF ENERGY PROGRAM.

    ``(a) In General.--At or about the time the budget of the President 
is submitted to Congress for each year under section 1105(a) of title 
31, United States Code, the Secretary shall submit to Congress a 
future-years Department of Energy program (including associated 
annexes) reflecting the estimated expenditures and proposed 
appropriations included in the budget.
    ``(b) Fiscal Year.--Any future-years Department of Energy program 
submitted under subsection (a) shall cover--
            ``(1) the fiscal year with respect to which the budget is 
        submitted; and
            ``(2) at least the 4 succeeding fiscal years.
    ``(c) Consistent Amounts.--
            ``(1) In general.--The Secretary shall ensure that amounts 
        described in paragraph (2)(A) for any fiscal year are 
        consistent with amounts described in paragraph (2)(B) for that 
        fiscal year.
            ``(2) Amounts.--Amounts referred to in paragraph (1) are 
        the following:
                    ``(A) The amounts specified in program and budget 
                information submitted to Congress by the Secretary in 
                support of expenditure estimates and proposed 
                appropriations in the budget submitted to Congress by 
                the President under section 1105(a) of title 31, United 
                States Code, for any fiscal year, as indicated in the 
                future-years Department of Energy program submitted 
                pursuant to subsection (a).
                    ``(B) The total amounts of estimated expenditures 
                and proposed appropriations necessary to support the 
                programs, projects, and activities of the Department of 
                Energy included pursuant to section 1105(a)(5) of title 
                31, United States Code, in the budget submitted to 
                Congress under that section for any fiscal year.
    ``(d) Management Contingencies.--Subject to subsection (c), nothing 
in this section prohibit the inclusion in the future-years Department 
of Energy programs of amounts for management contingencies.''.
    (b) Conforming Amendment.--The table of contents in the first 
section of the Department of Energy Organization Act (42 U.S.C. 7101) 
is amended by adding at the end of the items relating to part C of 
title VI the following:

``Sec. 664. Future-Years Department of Energy program.''.

SEC. 4. OTHER TRANSACTIONS AUTHORITY.

    (a) In General.--Section 646 of the Department of Energy 
Organization Act (42 U.S.C. 7256) is amended by striking subsection (g) 
and inserting the following:
    ``(g) Authority To Enter Into Other Transactions.--
            ``(1) In general.--In addition to any other authority 
        granted to the Secretary to enter into procurement contracts, 
        leases, cooperative agreements, grants, and certain 
        arrangements, the Secretary may enter into other transactions 
        with public agencies, private organizations, or other persons 
        on such terms as the Secretary considers appropriate to further 
        functions vested in the Secretary, including research, 
        development, or demonstration projects.
            ``(2) Advance payments.--Notwithstanding any other 
        provision of law, the Secretary may exercise authority provided 
        under paragraph (1) without regard to section 3324 of title 31, 
        United States Code.
            ``(3) Relationship to other law.--The authority of the 
        Secretary under paragraph (1) shall not be subject to--
                    ``(A) section 9 of the Federal Nonnuclear Energy 
                Research and Development Act of 1974 (42 U.S.C. 5908); 
                or
                    ``(B) section 152 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2182).
            ``(4) Protection of certain information from disclosure.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, disclosure of information described 
                in subparagraph (B) is not required, and may not be 
                compelled, under section 552 of title 5, United States 
                Code, during the 5-year period beginning on the date on 
                which the information is received by the Department.
                    ``(B) Award information.--The information described 
                in this subparagraph is information in the records of 
                the Department that--
                            ``(i) was submitted--
                                    ``(I) to the Department as part of 
                                a competitive or noncompetitive process 
                                with the potential to result in an 
                                award to the person submitting the 
                                information; and
                                    ``(II) in conjunction with a 
                                transaction entered into by the 
                                Secretary pursuant to paragraph (1); 
                                and
                            ``(ii) is--
                                    ``(I) a proposal, proposal 
                                abstract, and supporting documents;
                                    ``(II) a business plan submitted on 
                                a confidential basis; or
                                    ``(III) technical information 
                                submitted on a confidential basis.
            ``(5) Requirements.--
                    ``(A) Selection procedures.--In entering into 
                transactions under paragraph (1), the Secretary shall 
                use such competitive, merit-based selection procedures 
                as the Secretary determines in writing to be 
                practicable.
                    ``(B) Determination.--Before entering into a 
                transaction under paragraph (1), the Secretary shall 
                determine in writing that the use of a standard 
                contract, grant, or cooperative agreement for the 
                project is not feasible or appropriate.
                    ``(C) Cost sharing.--A transaction under paragraph 
                (1) shall be subject to cost sharing in accordance with 
                section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
                16352).
                    ``(D) Limitation on delegation.--The authority of 
                the Secretary under this subsection may be delegated 
                only to an officer of the Department who is appointed 
                by the President by and with the advice and consent of 
                the Senate and may not be redelegated to any other 
                person.
            ``(6) Annual reports.--Not later than 1 year after the date 
        of enactment of the Department of Energy Administrative 
        Improvement Act of 2011 and annually thereafter, the Secretary 
        shall submit to Congress an annual report on the transactions 
        entered into by the Secretary pursuant to the authorities 
        provided under this subsection.
            ``(7) Report.--
                    ``(A) Definition of nontraditional government 
                contractor.--In this paragraph, the term 
                `nontraditional Government contractor' has the meaning 
                given the term `nontraditional defense contractor' in 
                section 845(f) of the National Defense Authorization 
                Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 
                2371 note).
                    ``(B) Report.--Not later than 2 years after the 
                date of enactment of this subparagraph, and 2 years 
                thereafter, the Comptroller General of the United 
                States shall submit to Congress a report describing--
                            ``(i) the use by the Department of 
                        authorities under this section, including the 
                        ability to attract nontraditional Government 
                        contractors; and
                            ``(ii) whether additional safeguards are 
                        necessary to carry out the authorities.''.
    (b) Implementation.--
            (1) In general.--The final rule of the Department of Energy 
        entitled ``Assistance Regulations'' (71 Fed. Reg. 27158 (May 9, 
        2006)) shall be applicable to transactions under section 646 of 
        the Department of Energy Organization Act (42 U.S.C. 7256) (as 
        amended by subsection (a)).
            (2) Regulations.--The Secretary may revise, supplement, or 
        replace such regulations as the Secretary determines necessary 
        to implement the amendment made by subsection (a).

SEC. 5. PROTECTION OF RESULTS.

    (a) In General.--Subject to subsection (b) and notwithstanding any 
other provision of law, during a period of not more than 5 years after 
the development of information in any transaction authorized to be 
entered into by the Department of Energy, the Secretary may provide 
appropriate protections against the dissemination of the information, 
including exemption from subchapter II of chapter 5 of title 5, United 
States Code.
    (b) Applicable Information.--This section applies to information 
that--
            (1) results from a transaction entered into by the 
        Secretary pursuant to this title or an amendment made by this 
        title; and
            (2) is of a character that would be protected from 
        disclosure under section 552(b)(4) of title 5, United States 
        Code, if the information had been obtained from a person other 
        than an agent or employee of the Federal Government.

SEC. 6. DIRECT HIRE AUTHORITY.

    (a) In General.--Notwithstanding sections 3304 and 3309 through 
3318 of title 5, United States Code, the Secretary may, upon a 
determination that there is a severe shortage of candidates or a 
critical hiring need for particular positions, recruit and directly 
appoint highly qualified scientists, engineers, or critical technical 
personnel into the competitive service.
    (b) Exception.--The authority granted under subsection (a) shall 
not apply to positions in the excepted service or the Senior Executive 
Service.
    (c) Requirements.--In exercising the authority granted under 
subsection (a), the Secretary shall ensure that any action taken by the 
Secretary--
            (1) is consistent with the merit principles of section 2301 
        of title 5, United States Code; and
            (2) complies with the public notice requirements of section 
        3327 of title 5, United States Code.
    (d) Termination of Effectiveness.--The authority provided by this 
section terminates effective on the date that is 2 years after the date 
of enactment of this Act.

SEC. 7. CRITICAL PAY AUTHORITY.

    (a) In General.--Notwithstanding section 5377 of title 5, United 
States Code, and without regard to the provisions of that title 
governing appointments in the competitive service or the Senior 
Executive Service and chapters 51 and 53 of that title (relating to 
classification and pay rates), the Secretary may establish, fix the 
compensation of, and appoint individuals to critical positions needed 
to carry out the functions of the Department of Energy, if the 
Secretary certifies that--
            (1) the positions--
                    (A) require expertise of an extremely high level in 
                a scientific or technical field; and
                    (B) the Department of Energy would not successfully 
                accomplish an important mission without such an 
                individual; and
            (2) exercise of the authority is necessary to recruit an 
        individual exceptionally well qualified for the position.
    (b) Limitations.--The authority granted under subsection (a) shall 
be subject to the following conditions:
            (1) The number of critical positions authorized by 
        subsection (a) may not exceed 40 at any 1 time in the 
        Department of Energy.
            (2) The term of an appointment under subsection (a) may not 
        exceed 4 years.
            (3) An individual appointed under subsection (a) may not 
        have been a Department of Energy employee within the 2 years 
        prior to the date of appointment.
            (4) Total annual compensation for any individual appointed 
        under subsection (a) may not exceed the highest total annual 
        compensation payable at the rate determined under section 104 
        of title 3, United States Code.
            (5) An individual appointed under subsection (a) may not be 
        considered to be an employee for purposes of subchapter II of 
        chapter 75 of title 5, United States Code.
    (c) Notification.--Each year, the Secretary shall submit to 
Congress a notification that lists each individual appointed under this 
section.

SEC. 8. REEMPLOYMENT OF CIVILIAN RETIREES.

    (a) In General.--Notwithstanding part 553 of title 5, Code of 
Federal Regulations (relating to reemployment of civilian retirees to 
meet exceptional employment needs), or successor regulations, the 
Secretary may approve the reemployment of an individual to a particular 
position without reduction or termination of annuity if the hiring of 
the individual is necessary to carry out a critical function of the 
Department of Energy for which the Department has encountered 
exceptional difficulty in recruiting or retaining suitably qualified 
candidates.
    (b) Limitations.--An annuitant hired with full salary and annuities 
under the authority granted by subsection (a)--
            (1) shall not be considered an employee for purposes of 
        subchapter III of chapter 83 and chapter 84 of title 5, United 
        States Code;
            (2) may not elect to have retirement contributions withheld 
        from the pay of the annuitant;
            (3) may not use any employment under this section as a 
        basis for a supplemental or recomputed annuity; and
            (4) may not participate in the Thrift Savings Plan under 
        subchapter III of chapter 84 of title 5, United States Code.
    (c) Limitation on Term.--The term of employment of any individual 
hired under subsection (a) may not exceed an initial term of 2 years, 
with an additional 2-year appointment under exceptional circumstances.

SEC. 9. DEFINITION OF NATIONAL LABORATORY.

    Section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)) 
is amended by striking subparagraph (P) and inserting the following:
                    ``(P) SLAC National Accelerator Laboratory.''.
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