II
112th CONGRESS
1st Session
S. 1807
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.
Short title
This Act may be cited as
the Energy Research and Development
Coordination Act of 2011
.
Comprehensive plan for energy research, development, and demonstration
In general
Section 6 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5905) is amended—
by striking the section heading and all that follows through the end of subsection (a) and inserting the following:
Comprehensive planning and programming
Comprehensive plan
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.
Relationship to other reviews
The plan—
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
may take into account key energy developments since the most recent Quadrennial Energy Review.
Revisions
The plan shall be appropriately revised annually in accordance with section 15(a).
Goals
The plan shall be designed to achieve solutions to problems in energy supply, transmission, and use (including associated environmental problems) in—
the immediate and short-term (the period up to 5 years after submission of the plan);
the medium-term (the period from 5 years to 15 years after submission of the plan); and
the long-term (the period beyond 15 years after submission of the plan).
; and
in subsection
(b), by striking (b)(1)
and all that follows through the end of
paragraph (1) and inserting the following:
Department of Energy program
Program
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.
Updates
The program shall be updated and transmitted to Congress annually as a part of the report required under section 15.
.
Reports
Section 15 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5914) is amended—
in subsection (a)—
in paragraph (1),
by striking this Act
and inserting this Act and the plan
under this Act
;
in paragraph (2),
by striking nuclear and nonnuclear
; and
in paragraph (3),
by striking nonnuclear
;
in subsection (b)—
in the matter
preceding paragraph (1), by striking nonnuclear
and inserting
energy
; and
in paragraph (1),
by striking objections
and inserting objectives
;
and
by striking subsection (c) and inserting the following:
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.
.
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:
Coordination and reduction of duplication of energy research, development, and demonstration activities
Definitions
In this section:
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.
Chairpersons
The term Chairpersons means —
the Director of the Office of Science and Technology Policy; and
the Secretary.
Comprehensive plan
The term comprehensive plan means the comprehensive plan for energy research, development, and demonstration developed under sections 6(a) and 15(a).
Council
The term Council means the National Energy Research Coordination Council established under subsection (b).
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.
National Energy Research Coordination Council
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.
Composition
The Council shall be composed of—
the Director of the Office of Science and Technology Policy and the Secretary, who shall jointly serve as Chairpersons of the Council;
the Director of the Office of Management and Budget;
the head of any energy program agency; and
such other officers or employees of executive departments and agencies as the President may, from time to time, designate.
National energy research, development, and demonstration program budget
In general
The Chairpersons shall—
in coordination with the Council, establish for each fiscal year a consolidated budget proposal to implement the comprehensive plan, taking into account—
applicable recommendations of the National Academy of Sciences under this Act; and
the need to avoid unnecessary duplication of programs across Federal agencies;
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
submit to the President and Congress the consolidated budget proposal under subparagraph (A) as part of the annual budget submission.
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.
Coordination of implementation
The Chairpersons, in consultation with the Council, shall—
establish objectives and priorities for energy research, development, and demonstration functions under this Act;
review the implementation of the comprehensive plan in all energy program agencies;
make such recommendations to the President as the Chairpersons determine are appropriate regarding changes in the organization, management, and budgets of energy program agencies—
to implement the policies, objectives, and priorities established under paragraph (1) and the comprehensive plan; and
to avoid unnecessary duplication of programs across Federal agencies; and
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.
Reports from the National Academy of Sciences
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.
Submission to Congress
The Secretary shall submit to Congress a copy of each report prepared under this subsection.
Independent administration of Council
Location
The physical location of the Council shall be separate and distinct from the headquarters of the Department.
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.
Personnel
In general
The Secretary shall ensure that the Council has necessary administrative support and personnel of the Department to carry out this section.
Council personnel
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.
Authority
Each officer or employee of the Council—
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
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.
Prohibition on dual office holding
An individual may not concurrently hold or carry out the responsibilities of—
a position within the Council; and
a position within the Department or Office of Science and Technology Policy that is not within the Council.
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—
adequately staffed with personnel with necessary skills;
properly coordinating and disseminating policy and budget information to the energy program agencies and managers on an effective and timely basis; and
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.
.