[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.