[Congressional Record Volume 157, Number 167 (Thursday, November 3, 2011)]
[Senate]
[Pages S7136-S7137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 1807. 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; to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I am pleased to introduce the Energy 
Research and Development Coordination Act of 2011. This bill updates 
one of the basic statutes governing energy research and development, 
the Federal Nonnuclear Energy Research and Development Act of 1974, to 
improve the planning and coordination of energy research and 
development government-wide. It also puts in place a mechanism to allow 
Congress to see a consolidated annual budget for all energy research, 
development, and demonstration activities across the Federal agencies, 
and to provide an opportunity to better coordinate and reduce 
unnecessary duplication in these activities.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1807

       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

[[Page S7137]]

       (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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