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.

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

2

S 2635 ES

1 SECTION 1. FINDINGS.

2 Congress finds the following:

3 (1) The development and implementation of

4 technology is a crucial component of combating ter5 rorism and implementing homeland security strate6 gies.

7 (2) The Government of Israel and companies in

8 Israel have extensive experience with matters per9 taining to homeland security generally, and

10 antiterrorism specifically, including expertise in the

11 fields of border integrity, transportation security,

12 first responder equipment, and civil defense plan13 ning.

14 (3) The United States and Israel have an ex15 tensive history of working cooperatively and success16 fully to assist with the development of agricultural,

17 defense, telecommunications, and other technologies

18 that are mutually beneficial to each country, as ex19 emplified by the success of the Binational Industrial

20 Research and Development Foundation (referred to

21 in this section as the ‘‘BIRD Foundation’’).

22 (4) Initiated in 1977 as a grant program, fund23 ed equally by the Governments of the United States

24 and Israel in support of joint ventures between busi25 nesses in the United States and in Israel, the BIRD

26 Foundation has invested $180,000,000 in 600
†

3

S 2635 ES

1 projects over the past 27 years and has realized

2 $7,000,000,000 in sales and the development of a

3 number of important technologies.

4 (5) The establishment of a similar binational

5 program, or the expansion of the BIRD Foundation,

6 to support the development of technologies and serv7 ices applicable to homeland security would be bene8 ficial to the security of the United States and Israel

9 and would strengthen the economic ties between the

10 two countries.

11 SEC. 2. UNITED STATES-ISRAEL HOMELAND SECURITY

12 GRANT PROGRAM.

13 (a) ESTABLISHMENT.—There is established a pro14 gram between the United States and Israel to identify, de15 velop, or modify existing or near term homeland security

16 information, equipment, capabilities, technologies, and

17 services to further the homeland security of the United

18 States and to address the homeland security needs of Fed19 eral, State, and local governments.

20 (b) HOMELAND SECURITY NEEDS ASSESSMENT.—In

21 carrying out the program established under subsection (a),

22 the Secretary of Homeland Security shall—

23 (1) conduct a needs assessment of Federal,

24 State, and local governments and first responders to

25 identify—
†

4

S 2635 ES

1 (A) the homeland security needs of Fed2 eral, State, and local governments and first re3 sponders; and

4 (B) areas where specific homeland security

5 information, equipment, capabilities, tech6 nologies, and services could address those

7 needs;

8 (2) survey near term and existing homeland se9 curity information, equipment, capabilities, tech10 nologies, and services developed within the United

11 States and Israel; and

12 (3) provide grants, directly or through a non13 profit, nongovernmental organization, to eligible ap14 plicants to develop, manufacture, sell, or otherwise

15 provide homeland security information, equipment,

16 capabilities, technologies, and services to address the

17 needs identified under paragraph (1).

18 (c) ELIGIBLE APPLICANTS.—An applicant is eligible

19 to receive a grant under this section if the applicant—

20 (1) addresses one or more needs of Federal,

21 State, and local governments and first responders,

22 as identified through the assessment conducted

23 under subsection (b)(1) or homeland security needs

24 otherwise identified by the Department of Homeland

25 Security;
†

5

S 2635 ES

1 (2) is a joint venture between—

2 (A) a for profit business entity, academic

3 institution, Department of Energy national lab4 oratory, or non-profit entity in the United

5 States and a for profit business entity, aca6 demic institution, or non-profit entity in Israel;

7 or

8 (B) the government of the United States

9 and the government of Israel; and

10 (3) meets any other qualifications that the Sec11 retary may reasonably require.

12 (d) APPLICATION.—Each eligible applicant seeking a

13 grant under this section shall submit to the Secretary of

14 Homeland Security, or the head of a nonprofit, nongovern15 mental organization authorized by the Secretary to award

16 such grants, an application that contains—

17 (1) the identification of the joint venture apply18 ing for the grant and the identity of each entity par19 ticipating in the joint venture;

20 (2) a description of the product or service with

21 applications related to homeland security that the

22 applicant is developing, manufacturing, or selling;

23 (3) the development, manufacturing, sales, or

24 other activities related to such product or service
†

6

S 2635 ES

1 that the applicant is seeking to carry out with grant

2 funds;

3 (4) a detailed capital budget for such product

4 or service, including the manner in which the grant

5 funds will be allocated and expended; and

6 (5) such other information as the Secretary of

7 Homeland Security may reasonably require.

8 (e) ADVISORY BOARD.—

9 (1) ESTABLISHMENT.—If the Secretary of

10 Homeland Security makes funds available to a non11 profit, nongovernmental organization to award

12 grants to eligible applicants, the Secretary shall es13 tablish an advisory board to monitor how such

14 grants are awarded.

15 (2) MEMBERSHIP.—The advisory board shall be

16 comprised of—

17 (A) an appropriate representative of the

18 Government of the United States, as designated

19 by the Secretary of Homeland Security; and

20 (B) an official designated by the Govern21 ment of Israel.

22 (f) ADDITIONAL CONDITION.—

23 (1) IN GENERAL.—The Secretary of Homeland

24 Security may impose a condition that the Govern25 ment of Israel contribute an amount that the Sec-
†

7

S 2635 ES

1 retary determines to be appropriate toward a project

2 to be funded by a grant under this section before the

3 disbursement of proceeds of such grant.

4 (2) LIMITATION.—The Secretary may not pre5 scribe a condition that requires a contribution to6 ward the project from the Government of Israel of

7 an amount in excess of the amount of the grant

8 awarded under this section for such project.

9 (g) PRIORITY.—The Secretary of Homeland Security

10 shall give priority to those applicants who propose to mar11 ket the homeland security information, equipment, tech12 nologies, or services developed or modified with grant

13 funds to Federal, State, and local governments and first

14 responders.

15 (h) MATCHING REQUIREMENT.—The Secretary of

16 Homeland Security may require a recipient of a grant

17 under this section to make available non-Federal matching

18 contributions in an amount equal to up to 50 percent of

19 the total proposed cost of the project for which the grant

20 was awarded.

21 (i) GRANT REPAYMENT.—The Secretary of Home22 land Security may, as appropriate, require a recipient of

23 a grant under this section to repay to the Secretary, or

24 the nonprofit, nongovernmental entity designated by the

25 Secretary, the amount of the grant, interest at an appro-
†

8

S 2635 ES

1 priate rate, and such charges for administration of the

2 grant as the Secretary determines appropriate. The Sec3 retary may not require that such repayment be more than

4 150 percent of the amount of the grant, adjusted for infla5 tion on the basis of the Consumer Price Index.

6 (j) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to the Department of

8 Homeland Security to carry out the grant program estab9 lished under this section—

10 (1) $25,000,000 for fiscal year 2005; and

11 (2) such sums as may be necessary for fiscal

12 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, andservices to further the homeland security of theUnited States and to address the homeland security needs of Federal, State, and local governments.