II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Research and 

5 Development Coordination Act of 2011’’. 


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1 SEC. 2. COMPREHENSIVE PLAN FOR ENERGY RESEARCH, 

2 DEVELOPMENT, AND DEMONSTRATION. 

3 (a) IN GENERAL.—Section 6 of the Federal Non4 nuclear Energy Research and Development Act of 1974 

5 (42 U.S.C. 5905) is amended— 

6 (1) by striking the section heading and all that 

7 follows through the end of subsection (a) and insert8 ing the following: 

9 ‘‘SEC. 6. COMPREHENSIVE PLANNING AND PROGRAMMING. 

10 ‘‘(a) COMPREHENSIVE PLAN.— 

11 ‘‘(1) IN GENERAL.—The Secretary, in consulta12 tion with the National Energy Research Coordina13 tion Council established under section 18, shall sub14 mit to Congress, along with the annual submission 

15 of the budget by the President under section 1105 

16 of title 31, United States Code, a comprehensive 

17 plan for energy research, development, and dem18 onstration programs across the Federal Government. 

19 ‘‘(2) RELATIONSHIP TO OTHER REVIEWS.—The 

20 plan— 

21 ‘‘(A) shall be based on the most recent 

22 Quadrennial Energy Review prepared under 

23 section 801 of the Department of Energy Orga24 nization Act (42 U.S.C. 7321); and 


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1 ‘‘(B) may take into account key energy de2 velopments since the most recent Quadrennial 

3 Energy Review. 

4 ‘‘(3) REVISIONS.—The plan shall be appro5 priately revised annually in accordance with section 

6 15(a). 

7 ‘‘(4) GOALS.—The plan shall be designed to 

8 achieve solutions to problems in energy supply, 

9 transmission, and use (including associated environ10 mental problems) in— 

11 ‘‘(A) the immediate and short-term (the 

12 period up to 5 years after submission of the 

13 plan); 

14 ‘‘(B) the medium-term (the period from 5 

15 years to 15 years after submission of the plan); 

16 and 

17 ‘‘(C) the long-term (the period beyond 15 

18 years after submission of the plan).’’; and 

19 (2) in subsection (b), by striking ‘‘(b)(1)’’ and 

20 all that follows through the end of paragraph (1) 

21 and inserting the following: 

22 ‘‘(b) DEPARTMENT OF ENERGY PROGRAM.— 

23 ‘‘(1) PROGRAM.— 

24 ‘‘(A) IN GENERAL.—Based on the com25 prehensive plan developed under subsection (a), 


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1 the Secretary shall develop and submit to Con2 gress, along with the annual budget submission 

3 for the Department, a detailed description of an 

4 energy research, development, and demonstra5 tion program to implement the aspects of the 

6 comprehensive plan appropriate to the Depart7 ment. 

8 ‘‘(B) UPDATES.—The program shall be 

9 updated and transmitted to Congress annually 

10 as a part of the report required under section 

11 15.’’. 

12 (b) REPORTS.—Section 15 of the Federal Nonnuclear 

13 Energy Research and Development Act of 1974 (42 

14 U.S.C. 5914) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1), by striking ‘‘this 

17 Act’’ and inserting ‘‘this Act and the plan 

18 under this Act’’; 

19 (B) in paragraph (2), by striking ‘‘nuclear 

20 and nonnuclear’’; and 

21 (C) in paragraph (3), by striking ‘‘non22 nuclear’’; 

23 (2) in subsection (b)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘nonnuclear’’ and inserting ‘‘en3 ergy’’; and 

4 (B) in paragraph (1), by striking ‘‘objec5 tions’’ and inserting ‘‘objectives’’; and 

6 (3) by striking subsection (c) and inserting the 

7 following: 

8 ‘‘(c) ADMINISTRATION.—Section 3003 of the Federal 

9 Reports Elimination and Sunset Act of 1995 (31 U.S.C. 

10 1113 note; Public Law 104–66) shall not apply to this 

11 section.’’. 

12 SEC. 3. COORDINATION AND REDUCTION OF DUPLICATION 

13 OF ENERGY RESEARCH, DEVELOPMENT, AND 

14 DEMONSTRATION ACTIVITIES. 

15 The Federal Nonnuclear Energy Research and Devel16 opment Act of 1974 (42 U.S.C. 5901 et seq.) is amended 

17 by adding at the end the following: 

18 ‘‘SEC. 18. COORDINATION AND REDUCTION OF DUPLICA19 TION OF ENERGY RESEARCH, DEVELOPMENT, 

20 AND DEMONSTRATION ACTIVITIES. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) ANNUAL BUDGET SUBMISSION.—The term 

23 ‘annual budget submission’ means the budget pro24 posal of the President transmitted under section 

25 1105 of title 31, United States Code. 


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1 ‘‘(2) CHAIRPERSONS.—The term ‘Chairpersons’ 

2 means — 

3 ‘‘(A) the Director of the Office of Science 

4 and Technology Policy; and 

5 ‘‘(B) the Secretary. 

6 ‘‘(3) COMPREHENSIVE PLAN.—The term ‘com7 prehensive plan’ means the comprehensive plan for 

8 energy research, development, and demonstration de9 veloped under sections 6(a) and 15(a). 

10 ‘‘(4) COUNCIL.—The term ‘Council’ means the 

11 National Energy Research Coordination Council es12 tablished under subsection (b). 

13 ‘‘(5) ENERGY PROGRAM AGENCY.—The term 

14 ‘energy program agency’ means an executive depart15 ment or agency for which the annual expenditure 

16 budget for energy research, development, and dem17 onstration activities, including activities described in 

18 section 6(b), exceeds $10,000,000. 

19 ‘‘(b) NATIONAL ENERGY RESEARCH COORDINATION

20 COUNCIL.— 

21 ‘‘(1) ESTABLISHMENT.—There is established 

22 within the Department a National Energy Research 

23 Coordination Council to coordinate the development 

24 and funding of energy research, development, and 


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1 demonstration activities for all energy program 

2 agencies. 

3 ‘‘(2) COMPOSITION.—The Council shall be com4 posed of— 

5 ‘‘(A) the Director of the Office of Science 

6 and Technology Policy and the Secretary, who 

7 shall jointly serve as Chairpersons of the Coun8 cil; 

9 ‘‘(B) the Director of the Office of Manage10 ment and Budget; 

11 ‘‘(C) the head of any energy program 

12 agency; and 

13 ‘‘(D) such other officers or employees of 

14 executive departments and agencies as the 

15 President may, from time to time, designate. 

16 ‘‘(c) NATIONAL ENERGY RESEARCH, DEVELOPMENT, 

17 AND DEMONSTRATION PROGRAM BUDGET.— 

18 ‘‘(1) IN GENERAL.—The Chairpersons shall— 

19 ‘‘(A) in coordination with the Council, es20 tablish for each fiscal year a consolidated budg21 et proposal to implement the comprehensive 

22 plan, taking into account— 

23 ‘‘(i) applicable recommendations of 

24 the National Academy of Sciences under 

25 this Act; and 


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1 ‘‘(ii) the need to avoid unnecessary 

2 duplication of programs across Federal 

3 agencies; 

4 ‘‘(B) provide budget guidance, coordina5 tion, and review in the development of energy 

6 research, development, and demonstration 

7 budget requests submitted to the Office of Man8 agement and Budget by each energy program 

9 agency; and 

10 ‘‘(C) submit to the President and Congress 

11 the consolidated budget proposal under sub12 paragraph (A) as part of the annual budget 

13 submission. 

14 ‘‘(2) TIMING AND FORMAT OF BUDGET RE15 QUESTS.—The head of each energy program agency 

16 shall ensure timely budget development and submis17 sion to the Chairpersons of energy research, develop18 ment, and demonstration budget requests, in such 

19 format as may be determined by the Chairpersons 

20 with the concurrence of the Director of the Office of 

21 Management and Budget. 

22 ‘‘(d) COORDINATION OF IMPLEMENTATION.—The 

23 Chairpersons, in consultation with the Council, shall— 


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1 ‘‘(1) establish objectives and priorities for en2 ergy research, development, and demonstration func3 tions under this Act; 

4 ‘‘(2) review the implementation of the com5 prehensive plan in all energy program agencies; 

6 ‘‘(3) make such recommendations to the Presi7 dent as the Chairpersons determine are appropriate 

8 regarding changes in the organization, management, 

9 and budgets of energy program agencies— 

10 ‘‘(A) to implement the policies, objectives, 

11 and priorities established under paragraph (1) 

12 and the comprehensive plan; and 

13 ‘‘(B) to avoid unnecessary duplication of 

14 programs across Federal agencies; and 

15 ‘‘(4) notify the head of an energy program 

16 agency if the policies or activities of the energy pro17 gram agency are not in compliance with the respon18 sibilities of the energy program agency under the 

19 comprehensive plan. 

20 ‘‘(e) REPORTS FROM THE NATIONAL ACADEMY OF

21 SCIENCES.— 

22 ‘‘(1) IN GENERAL.—The Secretary, in consulta23 tion with the Council, may enter into appropriate ar24 rangements with the National Academy of Sciences 

25 under which the Academy shall prepare reports that 


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1 evaluate and provide recommendations with respect 

2 to specific areas of energy research, development, 

3 and demonstration, including areas described in sec4 tion 6(b) and fundamental science and engineering 

5 research supporting those areas. 

6 ‘‘(2) SUBMISSION TO CONGRESS.—The Sec7 retary shall submit to Congress a copy of each re8 port prepared under this subsection. 

9 ‘‘(f) INDEPENDENT ADMINISTRATION OF COUN10 CIL.— 

11 ‘‘(1) LOCATION.—The physical location of the 

12 Council shall be separate and distinct from the head13 quarters of the Department. 

14 ‘‘(2) BUDGET.—The Secretary shall submit the 

15 budget of the Council as a separate and distinct ele16 ment of the budget submission of the Department 

17 for a fiscal year. 

18 ‘‘(3) PERSONNEL.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 ensure that the Council has necessary adminis21 trative support and personnel of the Depart22 ment to carry out this section. 

23 ‘‘(B) COUNCIL PERSONNEL.— 

24 ‘‘(i) IN GENERAL.—The Chairpersons 

25 shall select, appoint, employ, and fix the 


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1 compensation of such officers and employ2 ees of the Council as are necessary to 

3 carry out the functions of the Council. 

4 ‘‘(ii) AUTHORITY.—Each officer or 

5 employee of the Council— 

6 ‘‘(I) shall be responsible to and 

7 subject to the authority, direction, and 

8 control of the Chairpersons, acting 

9 through an Executive Director ap10 pointed by the Chairpersons or the 

11 designee of the Executive Director; 

12 and 

13 ‘‘(II) shall not be responsible to, 

14 or subject to the authority, direction, 

15 or control of, any other officer, em16 ployee, or agent of the Department or 

17 Office of Science and Technology Pol18 icy. 

19 ‘‘(C) PROHIBITION ON DUAL OFFICE

20 HOLDING.—An individual may not concurrently 

21 hold or carry out the responsibilities of— 

22 ‘‘(i) a position within the Council; and 

23 ‘‘(ii) a position within the Department 

24 or Office of Science and Technology Policy 

25 that is not within the Council. 


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1 ‘‘(g) GAO REVIEW OF EFFECTIVENESS OF COUN2 CIL.—Not later than 3 years after the date of enactment 

3 of this section and every 3 years thereafter, the Comp4 troller General of the United States shall submit to Con5 gress a management assessment of the Council, including 

6 an assessment of whether the Council is— 

7 ‘‘(1) adequately staffed with personnel with nec8 essary skills; 

9 ‘‘(2) properly coordinating and disseminating 

10 policy and budget information to the energy program 

11 agencies and managers on an effective and timely 

12 basis; and 

13 ‘‘(3) aligning the overall energy research, devel14 opment, and demonstration budget so as to achieve 

15 the comprehensive plan and avoid unnecessary dupli16 cation of programs across Federal agencies.’’. 

Æ 


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