II 

Calendar No. 374 

110TH CONGRESS 

1ST SESSION S. 838 

[Report No. 110–176] 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘United States-Israel 

3 Energy Cooperation Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) it is in the highest national security inter7 ests of the United States to develop alternative re8 newable energy sources; 

9 (2) the State of Israel is a steadfast ally of the 

10 United States; 

11 (3) the special relationship between the United 

12 States and Israel is manifested in a variety of coop13 erative scientific research and development pro14 grams, such as— 

15 (A) the United States-Israel Binational 

16 Science Foundation (BSF); and 

17 (B) the United States-Israel Binational In18 dustrial Research and Development Foundation 

19 (BIRD); 

20 (4) those programs have made possible many 

21 scientific, technological, and commercial break22 throughs in the fields of life sciences, medicine, bio23 engineering, agriculture, biotechnology, communica24 tions, and others; 

25 (5) on February 1, 1996, the Secretary of En26 ergy and the Israeli Minister of Energy and InfraVerDate Aug 31 2005 04:27 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S838.RS S838

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1 structure signed an agreement to establish a frame2 work for collaboration between the United States 

3 and Israel in energy research and development ac4 tivities; 

5 (6) Israeli scientists and engineers are at the 

6 forefront of research and development in the field of 

7 alternative renewable energy sources; and 

8 (7) enhanced cooperation between the United 

9 States and Israel for the purpose of research and de10 velopment of alternative renewable energy sources 

11 would be in the national interests of both countries. 

12 SEC. 3. GRANT PROGRAM. 

13 (a) AUTHORITY.—Pursuant to the responsibilities de14 scribed in section 102(10), (14), and (17) of the Depart15 ment of Energy Organization Act (42 U.S.C. 7112(10), 

16 (14), and (17)) and section 103(9) of the Energy Reorga17 nization Act of 1974 (42 U.S.C. 5813(9)), the Secretary, 

18 in consultation with the BIRD or BSF, shall award grants 

19 to eligible entities. 

20 (b) APPLICATION.— 

21 (1) SUBMISSION OF APPLICATIONS.—To receive 

22 a grant under this section, an eligible entity shall 

23 submit an application to the Secretary containing 

24 such information and assurances as the Secretary, in 

25 consultation with the BIRD or BSF, may require. 


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1 (2) SELECTION OF ELIGIBLE ENTITIES.—The 

2 Secretary, in consultation with the Directors of the 

3 BIRD and BSF, may review any application sub4 mitted by any eligible entity and select any eligible 

5 entity meeting criteria established by the Secretary, 

6 in consultation with the Advisory Board, for a grant 

7 under this section. 

8 (c) AMOUNT OF GRANT.—The amount of each grant 

9 awarded for a fiscal year under this section shall be deter10 mined by the Secretary, in consultation with the BIRD 

11 or BSF. 

12 (d) PRIVATE FUNDS.—The Secretary may accept 

13 contributions of funds from private sources to carry out 

14 this Act. 

15 (e) OFFICE OF ENERGY EFFICIENCY AND RENEW16 ABLE ENERGY.—The Secretary shall carry out this sec17 tion through the existing programs at the Office of Energy 

18 Efficiency and Renewable Energy. 

19 (f) RESEARCH ADMINISTRATION.— 

20 (1) IN GENERAL.—The requirements of sections 

21 988 and 989 of the Energy Policy Act of 2005 (42 

22 U.S.C. 16352 and 16353) shall apply to any grant 

23 made under this section. 

24 (2) REPAYMENT.— 


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1 (A) IN GENERAL.—Any funds repaid to 

2 the BIRD by a grantee for a grant made under 

3 this section shall be— 

4 (i) transferred to the Secretary; 

5 (ii) deposited by the Secretary into 

6 the Energy Research and Development Ac7 tivities Fund established in subparagraph 

8 (B); and 

9 (iii) available to the Secretary for use 

10 for alternative renewable energy research 

11 and development activities. 

12 (B) REVOLVING FUND.—There is estab13 lished in the Treasury of the United States a 

14 revolving fund known as the Energy Research 

15 and Development Activities Fund. Any amounts 

16 deposited in the Fund pursuant to clause (ii) of 

17 subparagraph (A) shall be available to the Sec18 retary, without fiscal year limitation or further 

19 appropriation, for the purpose described in 

20 clause (iii) of such subparagraph. 

21 (g) REPORT.—Not later than 180 days after the com22 pletion of work supported by a grant under this section, 

23 each recipient shall submit a report to the Secretary— 

24 (1) documenting how the recipient used the 

25 grant funds; and 


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1 (2) evaluating the level of success of each 

2 project funded by the grant. 

3 SEC. 4. INTERNATIONAL ENERGY ADVISORY BOARD. 

4 (a) ESTABLISHMENT.—There is established in the 

5 Department of Energy an International Energy Advisory 

6 Board. 

7 (b) DUTIES.—The Advisory Board shall advise the 

8 Secretary on— 

9 (1) criteria for the recipients of grants awarded 

10 under section 3(a); 

11 (2) the total amount of grant money to be 

12 awarded to all grantees selected by the Secretary, in 

13 consultation with the BIRD; and 

14 (3) the total amount of grant money to be 

15 awarded to all grantees selected by the Secretary, in 

16 consultation with the BSF, for each fiscal year. 

17 (c) MEMBERSHIP.— 

18 (1) COMPOSITION.—The Advisory Board shall 

19 be composed of— 

20 (A) 1 member appointed by the Secretary 

21 of Commerce; 

22 (B) 2 members appointed by the Secretary 

23 of Energy; and 

24 (C) 2 members who shall be Israeli citi25 zens, appointed by the Secretary of Energy 


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1 after consultation with appropriate officials in 

2 the Israeli Government. 

3 (2) DEADLINE FOR APPOINTMENTS.—The ini4 tial appointments under paragraph (1) shall be 

5 made not later than 60 days after the date of enact6 ment of this Act. 

7 (3) TERM.—Each member of the Advisory 

8 Board shall be appointed for a term of 4 years. 

9 (4) VACANCIES.—A vacancy on the Advisory 

10 Board shall be filled in the manner in which the 

11 original appointment was made. 

12 (5) BASIC PAY.— 

13 (A) COMPENSATION.—A member of the 

14 Advisory Board shall serve without pay. 

15 (B) TRAVEL EXPENSES.—Each member of 

16 the Advisory Board shall receive travel ex17 penses, including per diem in lieu of subsist18 ence, in accordance with applicable provisions of 

19 subchapter I of chapter 57 of title 5, United 

20 States Code. 

21 (6) QUORUM.—Three members of the Advisory 

22 Board shall constitute a quorum. 

23 (7) CHAIRPERSON.—The Chairperson of the 

24 Advisory Board shall be designated by the Secretary 

25 of Energy at the time of the appointment. 


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1 (8) MEETINGS.—The Advisory Board shall 

2 meet at least once annually at the call of the Chair3 person. 

4 (d) TERMINATION.—Section 14(a)(2)(B) of the Fed5 eral Advisory Committee Act (5 U.S.C. App.) shall not 

6 apply to the Advisory Board. 

7 SEC. 5. DEFINITIONS. 

8 In this Act: 

9 (1) ADVISORY BOARD.—The term ‘‘Advisory 

10 Board’’ means the International Energy Advisory 

11 Board established by section 4(a). 

12 (2) BIRD.—The term ‘‘BIRD’’ means the 

13 Israel-United States Binational Industrial Research 

14 and Development Foundation. 

15 (3) BSF.—The term ‘‘BSF’’ means the United 

16 States-Israel Binational Science Foundation. 

17 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti18 ty’’ means a joint venture comprised of both Israeli 

19 and United States private business entities or a joint 

20 venture comprised of both Israeli academic persons 

21 (who reside and work in Israel) and United States 

22 academic persons, that— 

23 (A) carries out an eligible project; and 

24 (B) is selected by the Secretary, in con25 sultation with the BIRD or BSF, using the criVerDate Aug 31 2005 04:27 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S838.RS S838

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1 teria established by the Secretary, in consulta2 tion with the Advisory Board. 

3 (5) ELIGIBLE PROJECT.—The term ‘‘eligible 

4 project’’ means a project to encourage cooperation 

5 between the United States and Israel on research, 

6 development, or commercialization of alternative en7 ergy, improved energy efficiency, or renewable en8 ergy sources. 

9 (6) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Energy, acting through the Assist11 ant Secretary of Energy for Energy Efficiency and 

12 Renewable Energy. 

13 SEC. 6. TERMINATION. 

14 The grant program authorized under section 3 and 

15 the Advisory Board shall terminate upon the expiration 

16 of the 7-year period which begins on the date of the enact17 ment of this Act. 

18 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

19 The Secretary is authorized to expend not more than 

20 $20,000,000 to carry out this Act for each of fiscal years 

21 2008 through 2014 from funds previously authorized to 

22 the Office of Energy Efficiency and Renewable Energy. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘United States-Israel En25 ergy Cooperation Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) it is in the highest national security interests 

4 of the United States to develop renewable energy 

5 sources; 

6 (2) the State of Israel is a steadfast ally of the 

7 United States; 

8 (3) the special relationship between the United 

9 States and Israel is manifested in a variety of cooper10 ative scientific research and development programs, 

11 such as— 

12 (A) the United States-Israel Binational 

13 Science Foundation; and 

14 (B) the United States-Israel Binational In15 dustrial Research and Development Foundation; 

16 (4) those programs have made possible many sci17 entific, technological, and commercial breakthroughs 

18 in the fields of life sciences, medicine, bioengineering, 

19 agriculture, biotechnology, communications, and oth20 ers; 

21 (5) on February 1, 1996, the Secretary of En22 ergy and the Israeli Minister of Energy and Infra23 structure signed an agreement to establish a frame24 work for collaboration between the United States and 

25 Israel in energy research and development activities; 


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1 (6) Israeli scientists and engineers are at the 

2 forefront of research and development in the field of 

3 renewable energy sources; and 

4 (7) enhanced cooperation between the United 

5 States and Israel for the purpose of research and de6 velopment of renewable energy sources would be in the 

7 national interests of both countries. 

8 SEC. 3. GRANT PROGRAM. 

9 (a) ESTABLISHMENT.—In implementing the agree10 ment entitled the ‘‘Agreement between the Department of 

11 Energy of the United States of America and the Ministry 

12 of Energy and Infrastructure of Israel Concerning Energy 

13 Cooperation’’, dated February 1, 1996, the Secretary of En14 ergy (referred to in this Act as the ‘‘Secretary’’) shall estab15 lish a grant program in accordance with the requirements 

16 of sections 988 and 989 of the Energy Policy Act of 2005 

17 (42 U.S.C. 16352, 16353) to support research, development, 

18 and commercialization of renewable energy or energy effi19 ciency. 

20 (b) TYPES OF ENERGY.—In carrying out subsection 

21 (a), the Secretary may make grants to promote— 

22 (1) solar energy; 

23 (2) biomass energy; 

24 (3) energy efficiency; 

25 (4) wind energy; 


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1 (5) geothermal energy; 

2 (6) wave and tidal energy; and 

3 (7) advanced battery technology. 

4 (c) ELIGIBLE APPLICANTS.—An applicant shall be eli5 gible to receive a grant under this section if the project of 

6 the applicant— 

7 (1) addresses a requirement in the area of im8 proved energy efficiency or renewable energy sources, 

9 as determined by the Secretary; or 

10 (2) is a joint venture between— 

11 (A)(i) a for-profit business entity, academic 

12 institution, National Laboratory (as defined in 

13 section 2 of the Energy Policy Act of 2005 (42 

14 U.S.C. 15801)), or nonprofit entity in the 

15 United States; and 

16 (ii) a for-profit business entity, academic 

17 institution, or nonprofit entity in Israel; or 

18 (B)(i) the Federal Government; and 

19 (ii) the Government of Israel. 

20 (d) APPLICATIONS.—To be eligible to receive a grant 

21 under this section, an applicant shall submit to the Sec22 retary an application for the grant in accordance with pro23 cedures established by the Secretary, in consultation with 

24 the advisory board established under subsection (e). 

25 (e) ADVISORY BOARD.— 


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1 (1) ESTABLISHMENT.—The Secretary shall estab2 lish an advisory board— 

3 (A) to monitor the method by which grants 

4 are awarded under this section; and 

5 (B) to provide to the Secretary periodic per6 formance reviews of actions taken to carry out 

7 this section. 

8 (2) COMPOSITION.—The advisory board estab9 lished under paragraph (1) shall be composed of 3 

10 members, to be appointed by the Secretary, of 

11 whom— 

12 (A) 1 shall be a representative of the Fed13 eral Government; 

14 (B) 1 shall be selected from a list of nomi15 nees provided by the United States-Israel Bina16 tional Science Foundation; and 

17 (C) 1 shall be selected from a list of nomi18 nees provided by the United States-Israel Bina19 tional Industrial Research and Development 

20 Foundation. 

21 (f) CONTRIBUTED FUNDS.—Notwithstanding section 

22 3302 of title 31, United States Code, the Secretary may ac23 cept, retain, and use funds contributed by any person, gov24 ernment entity, or organization for purposes of carrying 

25 out this section— 


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1 (1) without further appropriation; and 

2 (2) without fiscal year limitation. 

3 (g) REPORT.—Not later than 180 days after the date 

4 of completion of a project for which a grant is provided 

5 under this section, the grant recipient shall submit to the 

6 Secretary a report that contains— 

7 (1) a description of the method by which the re8 cipient used the grant funds; and 

9 (2) an evaluation of the level of success of each 

10 project funded by the grant. 

11 (h) CLASSIFICATION.—Grants shall be awarded under 

12 this section only for projects that are considered to be un13 classified by both the United States and Israel. 

14 SEC. 4. TERMINATION. 

15 The grant program and the advisory committee estab16 lished under this Act terminate on the date that is 7 years 

17 after the date of enactment of this Act. 

18 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

19 The Secretary shall use amounts authorized to be ap20 propriated under section 931 of the Energy Policy Act of 

21 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.’’. 


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Calendar No. 374 

110TH CONGRESS 

1ST SESSION S. 838 

[Report No. 110

–176] 

A BILL 

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

SEPTEMBER 17, 2007 

Reported with an amendment and an amendment to the 

title 


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