A bill to establish an intergovernmental grant program to identify and develop homeland security information, equipment, capabilities, technologies, and services to further the homeland security needs of the United States and to address the homeland security needs of Federal, State, and local governments.

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2635 Engrossed in Senate (ES)]

108th CONGRESS
2d Session
S. 2635

_______________________________________________________________________

AN ACT

To establish an intergovernmental grant program to identify and develop
homeland security information, equipment, capabilities, technologies,
and services to further the homeland security of the United States and
to address the homeland security needs of Federal, State, and local
governments.

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

SECTION 1. FINDINGS.

Congress finds the following:
(1) The development and implementation of technology is a
crucial component of combating terrorism and implementing
homeland security strategies.
(2) The Government of Israel and companies in Israel have
extensive experience with matters pertaining to homeland
security generally, and antiterrorism specifically, including
expertise in the fields of border integrity, transportation
security, first responder equipment, and civil defense
planning.
(3) The United States and Israel have an extensive history
of working cooperatively and successfully to assist with the
development of agricultural, defense, telecommunications, and
other technologies that are mutually beneficial to each
country, as exemplified by the success of the Binational
Industrial Research and Development Foundation (referred to in
this section as the ``BIRD Foundation'').
(4) Initiated in 1977 as a grant program, funded equally by
the Governments of the United States and Israel in support of
joint ventures between businesses in the United States and in
Israel, the BIRD Foundation has invested $180,000,000 in 600
projects over the past 27 years and has realized $7,000,000,000
in sales and the development of a number of important
technologies.
(5) The establishment of a similar binational program, or
the expansion of the BIRD Foundation, to support the
development of technologies and services applicable to homeland
security would be beneficial to the security of the United
States and Israel and would strengthen the economic ties
between the two countries.

SEC. 2. UNITED STATES-ISRAEL HOMELAND SECURITY GRANT PROGRAM.

(a) Establishment.--There is established a program between the
United States and Israel to identify, develop, or modify existing or
near term homeland security information, equipment, capabilities,
technologies, and services to further the homeland security of the
United States and to address the homeland security needs of Federal,
State, and local governments.
(b) Homeland Security Needs Assessment.--In carrying out the
program established under subsection (a), the Secretary of Homeland
Security shall--
(1) conduct a needs assessment of Federal, State, and local
governments and first responders to identify--
(A) the homeland security needs of Federal, State,
and local governments and first responders; and
(B) areas where specific homeland security
information, equipment, capabilities, technologies, and
services could address those needs;
(2) survey near term and existing homeland security
information, equipment, capabilities, technologies, and
services developed within the United States and Israel; and
(3) provide grants, directly or through a nonprofit,
nongovernmental organization, to eligible applicants to
develop, manufacture, sell, or otherwise provide homeland
security information, equipment, capabilities, technologies,
and services to address the needs identified under paragraph
(1).
(c) Eligible Applicants.--An applicant is eligible to receive a
grant under this section if the applicant--
(1) addresses one or more needs of Federal, State, and
local governments and first responders, as identified through
the assessment conducted under subsection (b)(1) or homeland
security needs otherwise identified by the Department of
Homeland Security;
(2) is a joint venture between--
(A) a for profit business entity, academic
institution, Department of Energy national laboratory,
or non-profit entity in the United States and a for
profit business entity, academic institution, or non-
profit entity in Israel; or
(B) the government of the United States and the
government of Israel; and
(3) meets any other qualifications that the Secretary may
reasonably require.
(d) Application.--Each eligible applicant seeking a grant under
this section shall submit to the Secretary of Homeland Security, or the
head of a nonprofit, nongovernmental organization authorized by the
Secretary to award such grants, an application that contains--
(1) the identification of the joint venture applying for
the grant and the identity of each entity participating in the
joint venture;
(2) a description of the product or service with
applications related to homeland security that the applicant is
developing, manufacturing, or selling;
(3) the development, manufacturing, sales, or other
activities related to such product or service that the
applicant is seeking to carry out with grant funds;
(4) a detailed capital budget for such product or service,
including the manner in which the grant funds will be allocated
and expended; and
(5) such other information as the Secretary of Homeland
Security may reasonably require.
(e) Advisory Board.--
(1) Establishment.--If the Secretary of Homeland Security
makes funds available to a nonprofit, nongovernmental
organization to award grants to eligible applicants, the
Secretary shall establish an advisory board to monitor how such
grants are awarded.
(2) Membership.--The advisory board shall be comprised of--
(A) an appropriate representative of the Government
of the United States, as designated by the Secretary of
Homeland Security; and
(B) an official designated by the Government of
Israel.
(f) Additional Condition.--
(1) In general.--The Secretary of Homeland Security may
impose a condition that the Government of Israel contribute an
amount that the Secretary determines to be appropriate toward a
project to be funded by a grant under this section before the
disbursement of proceeds of such grant.
(2) Limitation.--The Secretary may not prescribe a
condition that requires a contribution toward the project from
the Government of Israel of an amount in excess of the amount
of the grant awarded under this section for such project.
(g) Priority.--The Secretary of Homeland Security shall give
priority to those applicants who propose to market the homeland
security information, equipment, technologies, or services developed or
modified with grant funds to Federal, State, and local governments and
first responders.
(h) Matching Requirement.--The Secretary of Homeland Security may
require a recipient of a grant under this section to make available
non-Federal matching contributions in an amount equal to up to 50
percent of the total proposed cost of the project for which the grant
was awarded.
(i) Grant Repayment.--The Secretary of Homeland Security may, as
appropriate, require a recipient of a grant under this section to repay
to the Secretary, or the nonprofit, nongovernmental entity designated
by the Secretary, the amount of the grant, interest at an appropriate
rate, and such charges for administration of the grant as the Secretary
determines appropriate. The Secretary may not require that such
repayment be more than 150 percent of the amount of the grant, adjusted
for inflation on the basis of the Consumer Price Index.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Homeland Security to carry out the
grant program established under this section--
(1) $25,000,000 for fiscal year 2005; and
(2) such sums as may be necessary for fiscal year 2006.

Passed the Senate November 21 (legislative day, November
20), 2004.

Attest:

Secretary.
108th CONGRESS

2d Session

S. 2635

_______________________________________________________________________

AN ACT

To establish an intergovernmental grant program to identify and develop
homeland security information, equipment, capabilities, technologies,
and services to further the homeland security of the United States and
to address the homeland security needs of Federal, State, and local
governments.