II 

Calendar No. 818 

108TH CONGRESS 

2D SESSION S. 2635 

[Report No. 108–420] 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 8, 2004 

Ms. COLLINS (for herself, Mr. LIEBERMAN, Mr. COLEMAN, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred 

to the Committee on Governmental Affairs 

NOVEMBER 20, 2004 

Reported by Ms. COLLINS, with an amendment 

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

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 of the United States and to address 

the homeland security needs of Federal, State, and local 

governments. 
2 

•S 2635 RS 

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

3 SECTION 1. TECHNOLOGY CLEARINGHOUSE. 

4 Section 430 of the Homeland Security Act of 2002 

5 (6 U.S.C. 238) is amended— 

6 (1) in subsection (c)— 

7 (A) by redesignating paragraphs (7) and 

8 (8) as paragraphs (8) and (9), respectively; and 

9 (B) by inserting after paragraph (6) the 

10 following: 

11 ‘‘(7) establishing a program to identify, develop, 

12 or modify existing or near term homeland security 

13 information, equipment, capabilities, technologies, 

14 and services to further the homeland security of the 

15 United States and to address the homeland security 

16 needs of Federal, State, and local governments;’’; 

17 (2) by redesignating subsection (d) as sub18 section (e); and 

19 (3) by inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) HOMELAND SECURITY INFORMATION, EQUIP22 MENT, CAPABILITIES, TECHNOLOGIES, AND SERVICES

23 GRANT PROGRAM.— 

24 ‘‘(1) IN GENERAL.—In developing the program 

25 established under subsection (c)(7), the Secretary, 
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•S 2635 RS 

1 acting through the Director of the Office for Domes2 tic Preparedness and in consultation with the Under 

3 Secretary for Science and Technology, shall— 

4 ‘‘(A) conduct a needs assessment of Fed5 eral, State, and local governments and first re6 sponders to identify— 

7 ‘‘(i) the homeland security needs of 

8 Federal, State, and local governments and 

9 first responders; and 

10 ‘‘(ii) areas where specific homeland 

11 security information, equipment, capabili12 ties, technologies, and services could ad13 dress those needs; 

14 ‘‘(B) survey near term and existing home15 land security information, equipment, capabili16 ties, technologies, and services developed within 

17 the United States and within other countries 

18 that— 

19 ‘‘(i) are highly focused on homeland 

20 security issues; and 

21 ‘‘(ii) have demonstrated the capability 

22 for fruitful cooperation with the United 

23 States in the area of counterterrorism; and 

24 ‘‘(C) provide grants, directly or through a 

25 nonprofit, nongovernmental organization, to eli-
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•S 2635 RS 

1 gible applicants to develop new, or modify exist2 ing, homeland security information, equipment, 

3 capabilities, technologies, and services to ad4 dress the needs identified in subparagraph (A). 

5 ‘‘(2) ELIGIBLE APPLICANTS.—An applicant is 

6 eligible to receive a grant under this subsection if 

7 the applicant— 

8 ‘‘(A) addresses 1 or more needs of Federal, 

9 State, and local governments and first respond10 ers, as identified through the assessment con11 ducted under paragraph (1)(A); 

12 ‘‘(B) is a joint venture between— 

13 ‘‘(i) a for profit business entity, aca14 demic institution, or non–profit entity; and 

15 ‘‘(ii) another entity that has dem16 onstrated capability in the area of 

17 counterterrorism or homeland security; and 

18 ‘‘(C) meets any other qualifications that 

19 the Secretary may reasonably require. 

20 ‘‘(3) PRIORITY.—The Secretary shall give pri21 ority to those applicants who propose to provide the 

22 homeland security information, equipment, tech23 nologies, or services developed or modified with 

24 grant funds to Federal, State, and local governments 

25 and first responders. 
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•S 2635 RS 

1 ‘‘(4) MATCHING REQUIREMENT.—The Sec2 retary may require a recipient of a grant under this 

3 subsection to make available non-Federal matching 

4 contributions in an amount equal to up to 50 per5 cent of the total proposed cost of the project for 

6 which the grant was awarded. 

7 ‘‘(5) GRANT REPAYMENT.—The Secretary may 

8 require a recipient of a grant under this subsection 

9 to repay to the Secretary the amount of the grant, 

10 interest at an appropriate rate, and such charges for 

11 administration of the grant as the Secretary deter12 mines appropriate. The Secretary may not require 

13 that such repayment be more than 150 percent of 

14 the amount of the grant, adjusted for inflation on 

15 the basis of the Consumer Price Index. 

16 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated 

18 $25,000,000 for fiscal year 2005 to carry out the 

19 grant program established under this subsection.’’. 

20 SEC. 2. HOMELAND SECURITY INFORMATION, EQUIPMENT, 

21 CAPABILITIES, TECHNOLOGIES, AND SERV22 ICES GRANT PROGRAM. 

23 Section 313 of the Homeland Security Act of 2002 

24 (6 U.S.C. 193) is amended— 
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•S 2635 RS 

1 (1) by redesignating subsection (c) as sub2 section (d); and 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) HOMELAND SECURITY INFORMATION, EQUIP6 MENT, CAPABILITIES, TECHNOLOGIES, AND SERVICES

7 GRANT PROGRAM.—In developing the program described 

8 in section 430(d), the Under Secretary for Science and 

9 Technology shall assist the Director of the Office for Do10 mestic Preparedness by reviewing, testing, and evaluating 

11 applications or proposals.’’. 

12 SECTION 1. FINDINGS. 

13 Congress finds the following: 

14 (1) The development and implementation of tech15 nology is a crucial component of combating terrorism 

16 and implementing homeland security strategies. 

17 (2) The Government of Israel and companies in 

18 Israel have extensive experience with matters per19 taining to homeland security generally, and 

20 antiterrorism specifically, including expertise in the 

21 fields of border integrity, transportation security, first 

22 responder equipment, and civil defense planning. 

23 (3) The United States and Israel have an exten24 sive history of working cooperatively and successfully 

25 to assist with the development of agricultural, defense, 
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•S 2635 RS 

1 telecommunications, and other technologies that are 

2 mutually beneficial to each country, as exemplified by 

3 the success of the Binational Industrial Research and 

4 Development Foundation (referred to in this section 

5 as the ‘‘BIRD Foundation’’). 

6 (4) Initiated in 1977 as a grant program, fund7 ed equally by the Governments of the United States 

8 and Israel in support of joint ventures between busi9 nesses in the United States and in Israel, the BIRD 

10 Foundation has invested $180,000,000 in 600 projects 

11 over the past 27 years and has realized 

12 $7,000,000,000 in sales and the development of a 

13 number of important technologies. 

14 (5) The establishment of a similar binational 

15 program, or the expansion of the BIRD Foundation, 

16 to support the development of technologies and serv17 ices applicable to homeland security would be bene18 ficial to the security of the United States and Israel 

19 and would strengthen the economic ties between the 

20 two countries. 

21 SEC. 2. UNITED STATES-ISRAEL HOMELAND SECURITY 

22 GRANT PROGRAM. 

23 (a) ESTABLISHMENT.—There is established a program 

24 between the United States and Israel to identify, develop, 

25 or modify existing or near term homeland security informa-
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•S 2635 RS 

1 tion, equipment, capabilities, technologies, and services to 

2 further the homeland security of the United States and to 

3 address the homeland security needs of Federal, State, and 

4 local governments. 

5 (b) HOMELAND SECURITY NEEDS ASSESSMENT.—In 

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

7 the Secretary of Homeland Security shall— 

8 (1) conduct a needs assessment of Federal, State, 

9 and local governments and first responders to iden10 tify— 

11 (A) the homeland security needs of Federal, 

12 State, and local governments and first respond13 ers; and 

14 (B) areas where specific homeland security 

15 information, equipment, capabilities, tech16 nologies, and services could address those needs; 

17 (2) survey near term and existing homeland se18 curity information, equipment, capabilities, tech19 nologies, and services developed within the United 

20 States and Israel; and 

21 (3) provide grants, directly or through a non22 profit, nongovernmental organization, to eligible ap23 plicants to develop, manufacture, sell, or otherwise 

24 provide homeland security information, equipment, 
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•S 2635 RS 

1 capabilities, technologies, and services to address the 

2 needs identified under paragraph (1). 

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

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

5 (1) addresses one or more needs of Federal, State, 

6 and local governments and first responders, as identi7 fied through the assessment conducted under sub8 section (b)(1) or homeland security needs otherwise 

9 identified by the Department of Homeland Security; 

10 (2) is a joint venture between— 

11 (A) a for profit business entity, academic 

12 institution, or non-profit entity in the United 

13 States and a for profit business entity, academic 

14 institution, or non-profit entity in Israel; or 

15 (B) the government of the United States 

16 and the government of Israel; and 

17 (3) meets any other qualifications that the Sec18 retary may reasonably require. 

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

20 grant under this section shall submit to the Secretary of 

21 Homeland Security, or the head of a nonprofit, nongovern22 mental organization authorized by the Secretary to award 

23 such grants, an application that contains— 
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•S 2635 RS 

1 (1) the identification of the joint venture apply2 ing for the grant and the identity of each entity par3 ticipating in the joint venture; 

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

5 applications related to homeland security that the ap6 plicant is developing, manufacturing, or selling; 

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

8 other activities related to such product or service that 

9 the applicant is seeking to carry out with grant 

10 funds; 

11 (4) a detailed capital budget for such product or 

12 service, including the manner in which the grant 

13 funds will be allocated and expended; and 

14 (5) such other information as the Secretary of 

15 Homeland Security may reasonably require. 

16 (e) ADVISORY BOARD.— 

17 (1) ESTABLISHMENT.—If the Secretary of Home18 land Security makes funds available to a nonprofit, 

19 nongovernmental organization to award grants to eli20 gible applicants, the Secretary shall establish an advi21 sory board to monitor how such grants are awarded. 

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

23 comprised of— 
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1 (A) an appropriate representative of the 

2 Government of the United States, as designated 

3 by the Secretary of Homeland Security; and 

4 (B) an official designated by the Govern5 ment of Israel. 

6 (f) ADDITIONAL CONDITION.— 

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

8 Security may impose a condition that the Govern9 ment of Israel contribute an amount that the Sec10 retary determines to be appropriate toward a project 

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

12 disbursement of proceeds of such grant. 

13 (2) LIMITATION.—The Secretary may not pre14 scribe a condition that requires a contribution toward 

15 the project from the Government of Israel of an 

16 amount in excess of the amount of the grant awarded 

17 under this section for such project. 

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

19 shall give priority to those applicants who propose to mar20 ket the homeland security information, equipment, tech21 nologies, or services developed or modified with grant funds 

22 to Federal, State, and local governments and first respond23 ers. 

24 (h) MATCHING REQUIREMENT.—The Secretary of 

25 Homeland Security may require a recipient of a grant 
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•S 2635 RS 

1 under this section to make available non-Federal matching 

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

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

4 was awarded. 

5 (i) GRANT REPAYMENT.—The Secretary of Homeland 

6 Security may, as appropriate, require a recipient of a grant 

7 under this section to repay to the Secretary, or the non8 profit, nongovernmental entity designated by the Secretary, 

9 the amount of the grant, interest at an appropriate rate, 

10 and such charges for administration of the grant as the Sec11 retary determines appropriate. The Secretary may not re12 quire that such repayment be more than 150 percent of the 

13 amount of the grant, adjusted for inflation on the basis of 

14 the Consumer Price Index. 

15 (j) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated to the Department of Home17 land Security to carry out the grant program established 

18 under this section— 

19 (1) $25,000,000 for fiscal year 2005; and 

20 (2) such sums as may be necessary for fiscal year 

21 2006. 

Calendar No. 818 

108TH CONGRESS 

2D SESSION S. 2635 

[Report No. 108–420] 

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 of the United States and to address the homeland security needs of Federal, State, and local governments. 

NOVEMBER 20, 2004 

Reported with an amendment