S. 838

United States-Israel Energy Cooperation Act

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II

Calendar No. 374

110th CONGRESS

1st Session

S. 838

[Report No. 110–176]

IN THE SENATE OF THE UNITED STATES

March 12, 2007

Mr. Smith (for himself, Mr. Bingaman, Ms. Landrieu, Mr. Menendez, Ms. Collins, Mr. Conrad, Mr. Casey, Mr. Specter, and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

September 17, 2007

Reported by Mr. Bingaman, with an amendment and an amendment to the title

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To authorize funding for eligible joint ventures between United States and Israeli businesses and academic persons, to establish the International Energy Advisory Board, and for other purposes.

1.

Short title

This Act may be cited as the United States-Israel Energy Cooperation Act.

2.

Findings

Congress finds that—

(1)

it is in the highest national security interests of the United States to develop alternative renewable energy sources;

(2)

the State of Israel is a steadfast ally of the United States;

(3)

the special relationship between the United States and Israel is manifested in a variety of cooperative scientific research and development programs, such as—

(A)

the United States-Israel Binational Science Foundation (BSF); and

(B)

the United States-Israel Binational Industrial Research and Development Foundation (BIRD);

(4)

those programs have made possible many scientific, technological, and commercial breakthroughs in the fields of life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others;

(5)

on February 1, 1996, the Secretary of Energy and the Israeli Minister of Energy and Infrastructure signed an agreement to establish a framework for collaboration between the United States and Israel in energy research and development activities;

(6)

Israeli scientists and engineers are at the forefront of research and development in the field of alternative renewable energy sources; and

(7)

enhanced cooperation between the United States and Israel for the purpose of research and development of alternative renewable energy sources would be in the national interests of both countries.

3.

Grant program

(a)

Authority

Pursuant to the responsibilities described in section 102(10), (14), and (17) of the Department of Energy Organization Act (42 U.S.C. 7112(10), (14), and (17)) and section 103(9) of the Energy Reorganization Act of 1974 (42 U.S.C. 5813(9)), the Secretary, in consultation with the BIRD or BSF, shall award grants to eligible entities.

(b)

Application

(1)

Submission of applications

To receive a grant under this section, an eligible entity shall submit an application to the Secretary containing such information and assurances as the Secretary, in consultation with the BIRD or BSF, may require.

(2)

Selection of eligible entities

The Secretary, in consultation with the Directors of the BIRD and BSF, may review any application submitted by any eligible entity and select any eligible entity meeting criteria established by the Secretary, in consultation with the Advisory Board, for a grant under this section.

(c)

Amount of Grant

The amount of each grant awarded for a fiscal year under this section shall be determined by the Secretary, in consultation with the BIRD or BSF.

(d)

Private Funds

The Secretary may accept contributions of funds from private sources to carry out this Act.

(e)

Office of Energy Efficiency and Renewable Energy

The Secretary shall carry out this section through the existing programs at the Office of Energy Efficiency and Renewable Energy.

(f)

Research administration

(1)

In general

The requirements of sections 988 and 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352 and 16353) shall apply to any grant made under this section.

(2)

Repayment

(A)

In general

Any funds repaid to the BIRD by a grantee for a grant made under this section shall be—

(i)

transferred to the Secretary;

(ii)

deposited by the Secretary into the Energy Research and Development Activities Fund established in subparagraph (B); and

(iii)

available to the Secretary for use for alternative renewable energy research and development activities.

(B)

Revolving fund

There is established in the Treasury of the United States a revolving fund known as the Energy Research and Development Activities Fund. Any amounts deposited in the Fund pursuant to clause (ii) of subparagraph (A) shall be available to the Secretary, without fiscal year limitation or further appropriation, for the purpose described in clause (iii) of such subparagraph.

(g)

Report

Not later than 180 days after the completion of work supported by a grant under this section, each recipient shall submit a report to the Secretary—

(1)

documenting how the recipient used the grant funds; and

(2)

evaluating the level of success of each project funded by the grant.

4.

International Energy Advisory Board

(a)

Establishment

There is established in the Department of Energy an International Energy Advisory Board.

(b)

Duties

The Advisory Board shall advise the Secretary on—

(1)

criteria for the recipients of grants awarded under section 3(a);

(2)

the total amount of grant money to be awarded to all grantees selected by the Secretary, in consultation with the BIRD; and

(3)

the total amount of grant money to be awarded to all grantees selected by the Secretary, in consultation with the BSF, for each fiscal year.

(c)

Membership

(1)

Composition

The Advisory Board shall be composed of—

(A)

1 member appointed by the Secretary of Commerce;

(B)

2 members appointed by the Secretary of Energy; and

(C)

2 members who shall be Israeli citizens, appointed by the Secretary of Energy after consultation with appropriate officials in the Israeli Government.

(2)

Deadline for appointments

The initial appointments under paragraph (1) shall be made not later than 60 days after the date of enactment of this Act.

(3)

Term

Each member of the Advisory Board shall be appointed for a term of 4 years.

(4)

Vacancies

A vacancy on the Advisory Board shall be filled in the manner in which the original appointment was made.

(5)

Basic pay

(A)

Compensation

A member of the Advisory Board shall serve without pay.

(B)

Travel expenses

Each member of the Advisory Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions of subchapter I of chapter 57 of title 5, United States Code.

(6)

Quorum

Three members of the Advisory Board shall constitute a quorum.

(7)

Chairperson

The Chairperson of the Advisory Board shall be designated by the Secretary of Energy at the time of the appointment.

(8)

Meetings

The Advisory Board shall meet at least once annually at the call of the Chairperson.

(d)

Termination

Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.

5.

Definitions

In this Act:

(1)

Advisory board

The term Advisory Board means the International Energy Advisory Board established by section 4(a).

(2)

BIRD

The term BIRD means the Israel-United States Binational Industrial Research and Development Foundation.

(3)

BSF

The term BSF means the United States-Israel Binational Science Foundation.

(4)

Eligible entity

The term eligible entity means a joint venture comprised of both Israeli and United States private business entities or a joint venture comprised of both Israeli academic persons (who reside and work in Israel) and United States academic persons, that—

(A)

carries out an eligible project; and

(B)

is selected by the Secretary, in consultation with the BIRD or BSF, using the criteria established by the Secretary, in consultation with the Advisory Board.

(5)

Eligible project

The term eligible project means a project to encourage cooperation between the United States and Israel on research, development, or commercialization of alternative energy, improved energy efficiency, or renewable energy sources.

(6)

Secretary

The term Secretary means the Secretary of Energy, acting through the Assistant Secretary of Energy for Energy Efficiency and Renewable Energy.

6.

Termination

The grant program authorized under section 3 and the Advisory Board shall terminate upon the expiration of the 7-year period which begins on the date of the enactment of this Act.

7.

Authorization of appropriations

The Secretary is authorized to expend not more than $20,000,000 to carry out this Act for each of fiscal years 2008 through 2014 from funds previously authorized to the Office of Energy Efficiency and Renewable Energy.

1.

Short title

This Act may be cited as the United States-Israel Energy Cooperation Act.

2.

Findings

Congress finds that—

(1)

it is in the highest national security interests of the United States to develop renewable energy sources;

(2)

the State of Israel is a steadfast ally of the United States;

(3)

the special relationship between the United States and Israel is manifested in a variety of cooperative scientific research and development programs, such as—

(A)

the United States-Israel Binational Science Foundation; and

(B)

the United States-Israel Binational Industrial Research and Development Foundation;

(4)

those programs have made possible many scientific, technological, and commercial breakthroughs in the fields of life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others;

(5)

on February 1, 1996, the Secretary of Energy and the Israeli Minister of Energy and Infrastructure signed an agreement to establish a framework for collaboration between the United States and Israel in energy research and development activities;

(6)

Israeli scientists and engineers are at the forefront of research and development in the field of renewable energy sources; and

(7)

enhanced cooperation between the United States and Israel for the purpose of research and development of renewable energy sources would be in the national interests of both countries.

3.

Grant program

(a)

Establishment

In implementing the agreement entitled the Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation, dated February 1, 1996, the Secretary of Energy (referred to in this Act as the Secretary) shall establish a grant program in accordance with the requirements of sections 988 and 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352, 16353) to support research, development, and commercialization of renewable energy or energy efficiency.

(b)

Types of energy

In carrying out subsection (a), the Secretary may make grants to promote—

(1)

solar energy;

(2)

biomass energy;

(3)

energy efficiency;

(4)

wind energy;

(5)

geothermal energy;

(6)

wave and tidal energy; and

(7)

advanced battery technology.

(c)

Eligible applicants

An applicant shall be eligible to receive a grant under this section if the project of the applicant—

(1)

addresses a requirement in the area of improved energy efficiency or renewable energy sources, as determined by the Secretary; or

(2)

is a joint venture between—

(A)
(i)

a for-profit business entity, academic institution, National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), or nonprofit entity in the United States; and

(ii)

a for-profit business entity, academic institution, or nonprofit entity in Israel; or

(B)
(i)

the Federal Government; and

(ii)

the Government of Israel.

(d)

Applications

To be eligible to receive a grant under this section, an applicant shall submit to the Secretary an application for the grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under subsection (e).

(e)

Advisory board

(1)

Establishment

The Secretary shall establish an advisory board—

(A)

to monitor the method by which grants are awarded under this section; and

(B)

to provide to the Secretary periodic performance reviews of actions taken to carry out this section.

(2)

Composition

The advisory board established under paragraph (1) shall be composed of 3 members, to be appointed by the Secretary, of whom—

(A)

1 shall be a representative of the Federal Government;

(B)

1 shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and

(C)

1 shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation.

(f)

Contributed funds

Notwithstanding section 3302 of title 31, United States Code, the Secretary may accept, retain, and use funds contributed by any person, government entity, or organization for purposes of carrying out this section—

(1)

without further appropriation; and

(2)

without fiscal year limitation.

(g)

Report

Not later than 180 days after the date of completion of a project for which a grant is provided under this section, the grant recipient shall submit to the Secretary a report that contains—

(1)

a description of the method by which the recipient used the grant funds; and

(2)

an evaluation of the level of success of each project funded by the grant.

(h)

Classification

Grants shall be awarded under this section only for projects that are considered to be unclassified by both the United States and Israel.

4.

Termination

The grant program and the advisory committee established under this Act terminate on the date that is 7 years after the date of enactment of this Act.

5.

Authorization of appropriations

The Secretary shall use amounts authorized to be appropriated under section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) to carry out this Act.

Amend the title so as to read: To authorize funding for eligible joint ventures between United States and Israeli businesses and academic persons..

September 17, 2007

Reported with an amendment and an amendment to the title