[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1807 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1807

To amend the Federal Nonnuclear Energy Research and Development Act of 
1974 to provide for the prioritization, coordination, and streamlining 
  of energy research, development, and demonstration programs to meet 
        current and future energy needs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 3, 2011

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Nonnuclear Energy Research and Development Act of 
1974 to provide for the prioritization, coordination, and streamlining 
  of energy research, development, and demonstration programs to meet 
        current and future energy needs, 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 ``Energy Research and Development 
Coordination Act of 2011''.

SEC. 2. COMPREHENSIVE PLAN FOR ENERGY RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION.

    (a) In General.--Section 6 of the Federal Nonnuclear Energy 
Research and Development Act of 1974 (42 U.S.C. 5905) is amended--
            (1) by striking the section heading and all that follows 
        through the end of subsection (a) and inserting the following:

``SEC. 6. COMPREHENSIVE PLANNING AND PROGRAMMING.

    ``(a) Comprehensive Plan.--
            ``(1) In general.--The Secretary, in consultation with the 
        National Energy Research Coordination Council established under 
        section 18, shall submit to Congress, along with the annual 
        submission of the budget by the President under section 1105 of 
        title 31, United States Code, a comprehensive plan for energy 
        research, development, and demonstration programs across the 
        Federal Government.
            ``(2) Relationship to other reviews.--The plan--
                    ``(A) shall be based on the most recent Quadrennial 
                Energy Review prepared under section 801 of the 
                Department of Energy Organization Act (42 U.S.C. 7321); 
                and
                    ``(B) may take into account key energy developments 
                since the most recent Quadrennial Energy Review.
            ``(3) Revisions.--The plan shall be appropriately revised 
        annually in accordance with section 15(a).
            ``(4) Goals.--The plan shall be designed to achieve 
        solutions to problems in energy supply, transmission, and use 
        (including associated environmental problems) in--
                    ``(A) the immediate and short-term (the period up 
                to 5 years after submission of the plan);
                    ``(B) the medium-term (the period from 5 years to 
                15 years after submission of the plan); and
                    ``(C) the long-term (the period beyond 15 years 
                after submission of the plan).''; and
            (2) in subsection (b), by striking ``(b)(1)'' and all that 
        follows through the end of paragraph (1) and inserting the 
        following:
    ``(b) Department of Energy Program.--
            ``(1) Program.--
                    ``(A) In general.--Based on the comprehensive plan 
                developed under subsection (a), the Secretary shall 
                develop and submit to Congress, along with the annual 
                budget submission for the Department, a detailed 
                description of an energy research, development, and 
                demonstration program to implement the aspects of the 
                comprehensive plan appropriate to the Department.
                    ``(B) Updates.--The program shall be updated and 
                transmitted to Congress annually as a part of the 
                report required under section 15.''.
    (b) Reports.--Section 15 of the Federal Nonnuclear Energy Research 
and Development Act of 1974 (42 U.S.C. 5914) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``this Act'' and 
                inserting ``this Act and the plan under this Act'';
                    (B) in paragraph (2), by striking ``nuclear and 
                nonnuclear''; and
                    (C) in paragraph (3), by striking ``nonnuclear'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``nonnuclear'' and inserting ``energy''; and
                    (B) in paragraph (1), by striking ``objections'' 
                and inserting ``objectives''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Administration.--Section 3003 of the Federal Reports 
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; Public Law 
104-66) shall not apply to this section.''.

SEC. 3. COORDINATION AND REDUCTION OF DUPLICATION OF ENERGY RESEARCH, 
              DEVELOPMENT, AND DEMONSTRATION ACTIVITIES.

    The Federal Nonnuclear Energy Research and Development Act of 1974 
(42 U.S.C. 5901 et seq.) is amended by adding at the end the following:

``SEC. 18. COORDINATION AND REDUCTION OF DUPLICATION OF ENERGY 
              RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACTIVITIES.

    ``(a) Definitions.--In this section:
            ``(1) Annual budget submission.--The term `annual budget 
        submission' means the budget proposal of the President 
        transmitted under section 1105 of title 31, United States Code.
            ``(2) Chairpersons.--The term `Chairpersons' means --
                    ``(A) the Director of the Office of Science and 
                Technology Policy; and
                    ``(B) the Secretary.
            ``(3) Comprehensive plan.--The term `comprehensive plan' 
        means the comprehensive plan for energy research, development, 
        and demonstration developed under sections 6(a) and 15(a).
            ``(4) Council.--The term `Council' means the National 
        Energy Research Coordination Council established under 
        subsection (b).
            ``(5) Energy program agency.--The term `energy program 
        agency' means an executive department or agency for which the 
        annual expenditure budget for energy research, development, and 
        demonstration activities, including activities described in 
        section 6(b), exceeds $10,000,000.
    ``(b) National Energy Research Coordination Council.--
            ``(1) Establishment.--There is established within the 
        Department a National Energy Research Coordination Council to 
        coordinate the development and funding of energy research, 
        development, and demonstration activities for all energy 
        program agencies.
            ``(2) Composition.--The Council shall be composed of--
                    ``(A) the Director of the Office of Science and 
                Technology Policy and the Secretary, who shall jointly 
                serve as Chairpersons of the Council;
                    ``(B) the Director of the Office of Management and 
                Budget;
                    ``(C) the head of any energy program agency; and
                    ``(D) such other officers or employees of executive 
                departments and agencies as the President may, from 
                time to time, designate.
    ``(c) National Energy Research, Development, and Demonstration 
Program Budget.--
            ``(1) In general.--The Chairpersons shall--
                    ``(A) in coordination with the Council, establish 
                for each fiscal year a consolidated budget proposal to 
                implement the comprehensive plan, taking into account--
                            ``(i) applicable recommendations of the 
                        National Academy of Sciences under this Act; 
                        and
                            ``(ii) the need to avoid unnecessary 
                        duplication of programs across Federal 
                        agencies;
                    ``(B) provide budget guidance, coordination, and 
                review in the development of energy research, 
                development, and demonstration budget requests 
                submitted to the Office of Management and Budget by 
                each energy program agency; and
                    ``(C) submit to the President and Congress the 
                consolidated budget proposal under subparagraph (A) as 
                part of the annual budget submission.
            ``(2) Timing and format of budget requests.--The head of 
        each energy program agency shall ensure timely budget 
        development and submission to the Chairpersons of energy 
        research, development, and demonstration budget requests, in 
        such format as may be determined by the Chairpersons with the 
        concurrence of the Director of the Office of Management and 
        Budget.
    ``(d) Coordination of Implementation.--The Chairpersons, in 
consultation with the Council, shall--
            ``(1) establish objectives and priorities for energy 
        research, development, and demonstration functions under this 
        Act;
            ``(2) review the implementation of the comprehensive plan 
        in all energy program agencies;
            ``(3) make such recommendations to the President as the 
        Chairpersons determine are appropriate regarding changes in the 
        organization, management, and budgets of energy program 
        agencies--
                    ``(A) to implement the policies, objectives, and 
                priorities established under paragraph (1) and the 
                comprehensive plan; and
                    ``(B) to avoid unnecessary duplication of programs 
                across Federal agencies; and
            ``(4) notify the head of an energy program agency if the 
        policies or activities of the energy program agency are not in 
        compliance with the responsibilities of the energy program 
        agency under the comprehensive plan.
    ``(e) Reports From the National Academy of Sciences.--
            ``(1) In general.--The Secretary, in consultation with the 
        Council, may enter into appropriate arrangements with the 
        National Academy of Sciences under which the Academy shall 
        prepare reports that evaluate and provide recommendations with 
        respect to specific areas of energy research, development, and 
        demonstration, including areas described in section 6(b) and 
        fundamental science and engineering research supporting those 
        areas.
            ``(2) Submission to congress.--The Secretary shall submit 
        to Congress a copy of each report prepared under this 
        subsection.
    ``(f) Independent Administration of Council.--
            ``(1) Location.--The physical location of the Council shall 
        be separate and distinct from the headquarters of the 
        Department.
            ``(2) Budget.--The Secretary shall submit the budget of the 
        Council as a separate and distinct element of the budget 
        submission of the Department for a fiscal year.
            ``(3) Personnel.--
                    ``(A) In general.--The Secretary shall ensure that 
                the Council has necessary administrative support and 
                personnel of the Department to carry out this section.
                    ``(B) Council personnel.--
                            ``(i) In general.--The Chairpersons shall 
                        select, appoint, employ, and fix the 
                        compensation of such officers and employees of 
                        the Council as are necessary to carry out the 
                        functions of the Council.
                            ``(ii) Authority.--Each officer or employee 
                        of the Council--
                                    ``(I) shall be responsible to and 
                                subject to the authority, direction, 
                                and control of the Chairpersons, acting 
                                through an Executive Director appointed 
                                by the Chairpersons or the designee of 
                                the Executive Director; and
                                    ``(II) shall not be responsible to, 
                                or subject to the authority, direction, 
                                or control of, any other officer, 
                                employee, or agent of the Department or 
                                Office of Science and Technology 
                                Policy.
                    ``(C) Prohibition on dual office holding.--An 
                individual may not concurrently hold or carry out the 
                responsibilities of--
                            ``(i) a position within the Council; and
                            ``(ii) a position within the Department or 
                        Office of Science and Technology Policy that is 
                        not within the Council.
    ``(g) GAO Review of Effectiveness of Council.--Not later than 3 
years after the date of enactment of this section and every 3 years 
thereafter, the Comptroller General of the United States shall submit 
to Congress a management assessment of the Council, including an 
assessment of whether the Council is--
            ``(1) adequately staffed with personnel with necessary 
        skills;
            ``(2) properly coordinating and disseminating policy and 
        budget information to the energy program agencies and managers 
        on an effective and timely basis; and
            ``(3) aligning the overall energy research, development, 
        and demonstration budget so as to achieve the comprehensive 
        plan and avoid unnecessary duplication of programs across 
        Federal agencies.''.
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