42 U.S.C. § 17337 — United States-Israel energy cooperation

Page 9035 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17337 tions as a member of the World Trade Orga- nization; (C) integrate into the foreign policy objec- tives of the United States the promotion of— (i) the deployment of clean and efficient energy technologies and the reduction of greenhouse gas emissions in developing countries; and (ii) the export of clean and efficient en- ergy technologies; and (D) develop financial mechanisms and in- struments, including securities that miti- gate the political and foreign exchange risks of uses that are consistent with the foreign policy objectives of the United States by combining the private sector market and government enhancements, that— (i) are cost-effective; and (ii) facilitate private capital investment in clean and efficient energy technology projects in developing countries. (2) Updates Not later than 3 years after the date of sub- mission of the strategy under paragraph (1), and every 3 years thereafter, the Task Force shall update the strategy in accordance with the requirements of paragraph (1). (d) Report (1) In general Not later than 3 years after the date of sub- mission of the strategy under subsection (c)(1), and every 3 years thereafter, the President shall transmit to the appropriate congres- sional committees a report on the implemen- tation of this section for the prior 3-year pe- riod. (2) Matters to be included The report required under paragraph (1) shall include the following: (A) The update of the strategy required under subsection (c)(2) and a description of the actions taken by the Task Force to as- sist in the implementation of the strategy. (B) A description of actions taken by the Task Force to carry out the duties required under subsection (a)(4)(B). (C) A description of assistance provided under this section. (D) The results of programs, projects, and activities carried out under this section. (E) A description of priorities for pro- moting the diffusion and adoption of clean and efficient energy technologies and strate- gies in developing countries, taking into ac- count economic and security interests of the United States and opportunities for the ex- port of technology of the United States. (F) Recommendations to the heads of ap- propriate Federal departments and agencies on methods to streamline Federal programs and policies to improve the role of such Fed- eral departments and agencies in the devel- opment, demonstration, and deployment of clean and efficient energy technologies on an international basis. (G) Strategies to integrate representatives of the private sector and other interested groups on the export and deployment of clean and efficient energy technologies. (H) A description of programs to dissemi- nate information to the private sector and the public on clean and efficient energy technologies and opportunities to transfer such clean and efficient energy technologies. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2008 through 2020. (Pub. L. 110–140, title IX, § 916, Dec. 19, 2007, 121 Stat. 1728; Pub. L. 115–254, div. F, title VI, § 1470(v)(2), Oct. 5, 2018, 132 Stat. 3519.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(2)(I). Pub. L. 115–254 substituted ‘‘United States International Development Finance Corporation;’’ for ‘‘Overseas Private Investment Cor- poration:’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of Title 22, Foreign Relations and Intercourse, see section 1470(w) of Pub. L. 115–254, set out as a note under sec- tion 905 of Title 2, The Congress. EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 17337. United States-Israel energy cooperation (a) Findings Congress finds that— (1) it is in the highest national security in- terests of the United States to develop covered 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 va- riety of cooperative scientific research and de- velopment programs, such as— (A) the United States-Israel Binational Science Foundation; and (B) the United States-Israel Binational In- dustrial Research and Development Founda- tion; (4) those programs have made possible— (A) many scientific, technological, and commercial breakthroughs in the fields of life sciences, medicine, bioengineering, agri- culture, biotechnology, communications, and others; and (B) significant contributions to the devel- opment of renewable energy and energy effi- ciency through the established programs of the United States-Israel Binational Indus- trial Research and Development Foundation and the United States-Israel Binational Science Foundation; (5) on February 1, 1996, the Secretary of En- ergy (referred to in this section as the ‘‘Sec- retary’’) and the Israeli Minister of Energy and Infrastructure signed an agreement to es- tablish a framework for collaboration between Page 9036 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17337 the United States and Israel in energy re- search and development activities; (6) Israeli scientists and engineers are at the forefront of research and development in the field of covered energy sources; (7) enhanced cooperation between the United States and Israel for the purpose of research and development of covered energy sources would be in the national interests of both countries; (8) United States-Israel energy cooperation and the development of natural resources by Israel are in the strategic interest of the United States; (9) Israel is a strategic partner of the United States in water technology; (10) the United States can play a role in as- sisting Israel with regional safety and security issues; (11) the National Science Foundation of the United States, to the extent consistent with the National Science Foundation’s mission, should collaborate with the Israel Science Foundation and the United States-Israel Bina- tional Science Foundation; (12) the United States and Israel should strive to develop more robust academic co- operation in— (A) energy innovation technology and en- gineering; (B) water science; (C) technology transfer; and (D) analysis of emerging geopolitical im- plications, crises and threats from foreign natural resource and energy acquisitions, and the development of domestic resources as a response; (13) the United States supports the goals of the Alternative Fuels Administration of Israel with respect to expanding the use of alter- native fuels; (14) the United States strongly urges open dialogue and continued mechanisms for reg- ular engagement and encourages further co- operation between applicable departments, agencies, ministries, institutions of higher education, and the private sector of the United States and Israel on energy security issues, in- cluding— (A) identifying policy priorities associated with the development of natural resources of Israel; (B) discussing and sharing best practices to secure cyber energy infrastructure and other energy security matters; (C) leveraging natural gas to positively impact regional stability; (D) issues relating to the energy-water nexus, including improving energy efficiency and the overall performance of water tech- nologies through research and development in water desalination, wastewater treatment and reclamation, water treatment in gas and oil production processes, and other water treatment refiners; (E) technical and environmental manage- ment of deep-water exploration and produc- tion; (F) emergency response and coastal pro- tection and restoration; (G) academic outreach and engagement; (H) private sector and business develop- ment engagement; (I) regulatory consultations; (J) leveraging alternative transportation fuels and technologies; and (K) any other areas determined appro- priate by the United States and Israel; (15) the United States— (A) acknowledges the achievements and importance of the Binational Industrial Re- search and Development Foundation and the United States-Israel Binational Science Foundation; and (B) supports continued multiyear funding to ensure the continuity of the programs of the foundations specified in subparagraph (A); and (16) the United States and Israel have a shared interest in addressing immediate, near- term, and long-term energy, energy poverty, energy independence, and environmental chal- lenges facing the United States and Israel, re- spectively. (b) Grant program (1) Establishment In implementing the agreement entitled the ‘‘Agreement between the Department of En- ergy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation’’, dated February 1, 1996, the Secretary shall establish a grant program in accordance with the re- quirements of sections 16352 and 16353 of this title to support research, development, and commercialization of covered energy. (2) Types of energy In carrying out paragraph (1), the Secretary may make grants to promote— (A) solar energy; (B) biomass energy; (C) energy efficiency; (D) wind energy; (E) geothermal energy; (F) wave and tidal energy; (G) advanced battery technology; (H) natural gas energy, including conven- tional and unconventional natural gas tech- nologies and other associated technologies, and natural gas projects conducted by or in conjunction with the United States-Israel Binational Science Foundation and the United States-Israel Binational Industrial Research and Development Foundation; and (I) improvement of energy efficiency and the overall performance of water tech- nologies through research and development in water desalination, wastewater treatment and reclamation, and other water treatment refiners. (3) Eligible applicants An applicant shall be eligible to receive a grant under this subsection if the project of the applicant— (A) addresses a requirement in the area of improved covered energy sources, as deter- mined by the Secretary; and (B) is a joint venture between— (i)(I) a for-profit business entity, aca- demic institution, National Laboratory (as Page 9037 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17337 defined in section 15801 of this title), or nonprofit entity in the United States; and (II) a for-profit business entity, academic institution, or nonprofit entity in Israel; or (ii)(I) the Federal Government; and (II) the Government of Israel. (4) Applications To be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for the grant in ac- cordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (5). (5) Advisory board (A) Establishment The Secretary shall establish an advisory board— (i) to monitor the method by which grants are awarded under this subsection; and (ii) to provide to the Secretary periodic performance reviews of actions taken to carry out this subsection. (B) Composition The advisory board established under sub- paragraph (A) shall be composed of 3 mem- bers, to be appointed by the Secretary, of whom— (i) 1 shall be a representative of the Fed- eral Government; (ii) 1 shall be selected from a list of nominees provided by the United States- Israel Binational Science Foundation; and (iii) 1 shall be selected from a list of nominees provided by the United States- Israel Binational Industrial Research and Development Foundation. (6) Contributed funds Notwithstanding section 3302 of title 31, the Secretary may accept, retain, and use funds contributed by any person, government entity, or organization for purposes of carrying out this subsection— (A) without further appropriation; and (B) without fiscal year limitation. (7) Report Not later than 180 days after the date of completion of a project for which a grant is provided under this subsection, the grant re- cipient shall submit to the Secretary a report that contains— (A) a description of the method by which the recipient used the grant funds; and (B) an evaluation of the level of success of each project funded by the grant. (8) Classification Grants shall be awarded under this sub- section only for projects that are considered to be unclassified by both the United States and Israel. (c) International partnerships (1) In general The Secretary, subject to the availability of appropriations, may enter into cooperative agreements supporting and enhancing dia- logue and planning involving international partnerships between the Department, includ- ing National Laboratories of the Department, and the Government of Israel and its min- istries, offices, and institutions. (2) Federal share The Secretary may not pay more than 50 percent of Federal share of the costs of imple- menting cooperative agreements entered into pursuant to paragraph (1). (3) Annual reports If the Secretary enters into agreements au- thorized by paragraph (1), the Secretary shall submit an annual report to the Committee on Energy and Natural Resources of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Science, Space, and Tech- nology of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appro- priations of the House of Representatives that describes— (A) actions taken to implement such agreements; and (B) any projects undertaken pursuant to such agreements. (d) United States-Israel Energy Center The Secretary may establish a joint United States-Israel Energy Center in the United States leveraging the experience, knowledge, and expertise of institutions of higher education and entities in the private sector, among others, in offshore energy development to further dia- logue and collaboration to develop more robust academic cooperation in energy innovation technology and engineering, water science, tech- nology transfer, and analysis of emerging geo- political implications, crises and threats from foreign natural resource and energy acquisi- tions, and the development of domestic re- sources as a response. (e) Termination The grant program and the advisory com- mittee established under this section terminate on September 30, 2024. (Pub. L. 110–140, title IX, § 917, Dec. 19, 2007, 121 Stat. 1730; Pub. L. 113–296, § 12(a)–(c)(1), Dec. 19, 2014, 128 Stat. 4078–4080.) Editorial Notes AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–296, § 12(a)(1), sub- stituted ‘‘covered’’ for ‘‘renewable’’. Subsec. (a)(4). Pub. L. 113–296, § 12(a)(2), substituted ‘‘possible—’’ for ‘‘possible’’, designated remaining ex- isting provisions as subpar. (A), and added subpar. (B). Subsec. (a)(6). Pub. L. 113–296, § 12(a)(3)(A), sub- stituted ‘‘covered’’ for ‘‘renewable’’. Subsec. (a)(7). Pub. L. 113–296, § 12(a)(4)(A), sub- stituted ‘‘covered’’ for ‘‘renewable’’. Subsec. (a)(8) to (16). Pub. L. 113–296, § 12(a)(3)(B), (4)(B), (5), added pars. (8) to (16). Subsec. (b)(1). Pub. L. 113–296, § 12(b)(1), substituted ‘‘covered energy’’ for ‘‘renewable energy or energy effi- ciency’’. Page 9038 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17351 Subsec. (b)(2)(H), (I). Pub. L. 113–296, § 12(b)(2), added subpars. (H) and (I). Subsec. (b)(3)(A). Pub. L. 113–296, § 12(b)(3), sub- stituted ‘‘covered’’ for ‘‘energy efficiency or renew- able’’. Subsec. (c). Pub. L. 113–296, § 12(c)(1)(C), added subsec. (c). Former subsec. (c) redesignated (e). Subsec. (d). Pub. L. 113–296, § 12(c)(1)(A), (C), added subsec. (d) and struck out former subsec. (d) which re- lated to authorization of appropriations. Subsec. (e). Pub. L. 113–296, § 12(c)(1)(B), (D), redesig- nated subsec. (c) as (e) and substituted ‘‘September 30, 2024’’ for ‘‘the date that is 7 years after December 19, 2007’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. PART B—INTERNATIONAL CLEAN ENERGY FOUNDATION § 17351. Definitions In this part: (1) Board The term ‘‘Board’’ means the Board of Direc- tors of the Foundation established pursuant to section 17352(c) of this title. (2) Chief Executive Officer The term ‘‘Chief Executive Officer’’ means the chief executive officer of the Foundation appointed pursuant to section 17352(b) of this title. (3) Foundation The term ‘‘Foundation’’ means the Inter- national Clean Energy Foundation established by section 17352(a) of this title. (Pub. L. 110–140, title IX, § 921, Dec. 19, 2007, 121 Stat. 1732.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 17352. Establishment and management of Foun- dation (a) Establishment (1) In general There is established in the executive branch a foundation to be known as the ‘‘Inter- national Clean Energy Foundation’’ that shall be responsible for carrying out the provisions of this part. The Foundation shall be a govern- ment corporation, as defined in section 103 of title 5. (2) Board of Directors The Foundation shall be governed by a Board of Directors in accordance with sub- section (c). (3) Intent of Congress It is the intent of Congress, in establishing the structure of the Foundation set forth in this subsection, to create an entity that serves the long-term foreign policy and energy secu- rity goals of reducing global greenhouse gas emissions. (b) Chief Executive Officer (1) In general There shall be in the Foundation a Chief Ex- ecutive Officer who shall be responsible for the management of the Foundation. (2) Appointment The Chief Executive Officer shall be ap- pointed by the Board, with the advice and con- sent of the Senate, and shall be a recognized leader in clean and efficient energy tech- nologies and climate change and shall have ex- perience in energy security, business, or for- eign policy, chosen on the basis of a rigorous search. (3) Relationship to Board The Chief Executive Officer shall report to, and be under the direct authority of, the Board. (4) Compensation and rank (A) In general The Chief Executive Officer shall be com- pensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5. (B) Omitted (C) Authorities and duties The Chief Executive Officer shall be re- sponsible for the management of the Foun- dation and shall exercise the powers and dis- charge the duties of the Foundation. (D) Authority to appoint officers In consultation and with approval of the Board, the Chief Executive Officer shall ap- point all officers of the Foundation. (c) Board of Directors (1) Establishment There shall be in the Foundation a Board of Directors. (2) Duties The Board shall perform the functions speci- fied to be carried out by the Board in this part and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures governing the manner in which the business of the Foun- dation may be conducted and in which the powers granted to it by law may be exercised. (3) Membership The Board shall consist of— (A) the Secretary of State (or the Sec- retary’s designee), the Secretary of Energy (or the Secretary’s designee), and the Ad- ministrator of the United States Agency for International Development (or the Adminis- trator’s designee); and (B) four other individuals with relevant ex- perience in matters relating to energy secu- rity (such as individuals who represent insti- tutions of energy policy, business organiza- tions, foreign policy organizations, or other