II 

109TH CONGRESS 

1ST SESSION S. 1032 

To improve seaport security. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2005 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL

To improve seaport security.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Seaport 

5 Multiyear Security Enhancement Act’’. 

6 SEC. 2. SEAPORT SECURITY IMPROVEMENT PROJECTS. 

7 (a) GRANT AUTHORITY.—Subject to the require8 ments of this section, the Transportation Security Admin9 istration may make grants to seaports to enhance security. 

10 (b) APPLICATIONS.—A seaport seeking a grant under 

11 this section shall submit to the Administration an applica-
2

•S 1032 IS

1 tion in such form and containing such information as the 

2 Administration prescribes. 

3 (c) GRANT AWARDS.— 

4 (1) IN GENERAL.—The Administration, after 

5 consultation with the Secretary of Transportation, 

6 may approve an application of a seaport for a grant 

7 under this section only if the Administration deter8 mines that the project will improve security at a sea9 port or improve the efficiency of the seaport without 

10 lessening security. 

11 (2) PRIORITY.—The Administration shall give 

12 priority in awarding grants under this section to 

13 seaports that the Administration considers will im14 pact or enhance the Nation’s seaport security. 

15 (d) MATCHING REQUIREMENTS.— 

16 (1) 75-PERCENT FEDERAL FUNDING.—Except 

17 as provided in paragraph (2), Federal funds for any 

18 eligible project under this section shall not exceed 75 

19 percent of the total cost of such project. 

20 (2) EXCEPTIONS.— 

21 (A) SMALL PROJECTS.—A seaport with a 

22 project under subsection (a) that costs less than 

23 $25,000 shall not be required to match Federal 

24 funds. 
3

•S 1032 IS

1 (B) HIGHER LEVEL OFSUPPORT RE2 QUIRED.—If the Administration determines 

3 that a proposed project merits support and can4 not be undertaken without a higher rate of 

5 Federal support, the Administration may ap6 prove grants under this section with a matching 

7 requirement other than that specified in para8 graph (1). 

9 (e) LETTERS OF INTENT.— 

10 (1) ISSUANCE.—The Administration may issue 

11 a letter of intent to a seaport committing to obligate 

12 from future budget authority an amount, not more 

13 than the Federal Government’s share of the project’s 

14 cost, for a seaport security improvement project (in15 cluding interest costs and costs of formulating the 

16 project). 

17 (2) SCHEDULE.—A letter of intent under this 

18 subsection shall establish a schedule under which the 

19 Administration will reimburse the seaport for the 

20 Government’s share of the project’s costs, as 

21 amounts become available, if the seaport, after the 

22 Administration issues the letter, carries out the 

23 project without receiving amounts under this section. 

24 (3) NOTICE TO ADMINISTRATION.—A seaport 

25 that has been issued a letter of intent under this 
4

•S 1032 IS

1 subsection shall notify the Administration of the sea2 port’s intent to carry out a project before the project 

3 begins. 

4 (4) NOTICE TO CONGRESS.—The Administra5 tion shall transmit to the Committees on Appropria6 tions and Transportation and Infrastructure of the 

7 House of Representatives and the Committees on 

8 Appropriations and Commerce, Science, and Trans9 portation of the Senate a written notification at 

10 least 3 days before the issuance of a letter of intent 

11 under this section. 

12 (5) LIMITATIONS.—A letter of intent issued 

13 under this subsection is not an obligation of the 

14 Government under section 1501 of title 31, and the 

15 letter is not deemed to be an administrative commit16 ment for financing. An obligation or administrative 

17 commitment may be made only as amounts are pro18 vided in authorization and appropriations laws. 

19 (6) STATUTORY CONSTRUCTION.—Nothing in 

20 this subsection shall be construed to prohibit the ob21 ligation of amounts pursuant to a letter of intent 

22 under this subsection in the same fiscal year as the 

23 letter of intent is issued. 

24 (f) APPLICATION OF ADDITIONAL REQUIREMENTS.—

25 The Administration may require as a condition for 
5

•S 1032 IS

1 issuance of a letter of intent such reasonable administra2 tive requirements as necessary to carry out the provisions 

3 of this Act. 

4 (g) NOTIFICATION TO COMMITTEE.—The Adminis5 tration shall notify the appropriate committees of Con6 gress when a grant is made under this section. 

7 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $800,000,000 for each of fiscal years 2006 through 2010. 

10 Such sums shall remain available until expended.

Æ