I 

108TH CONGRESS 

2D SESSION H. R. 3712

To improve seaport security. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 21, 2004

Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

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. FINDINGS. 

7 Congress finds the following: 

8 (1) The Nation’s 361 seaports are considered a 

9 major terrorist target. Al Qaeda has strong ties to 

10 the shipping industry and one of the aims of this 

11 terrorist network is to weaken the economic security 

12 of our country. 
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1 (2) The Nation’s coastline is our longest border, 

2 which is a 95,000-mile coast that includes the Great 

3 Lakes and inland waterways. 

4 (3) Protecting America’s seaports is critical to 

5 the Nation’s economic growth and vitality. Seaports 

6 handle 95 percent of our Nation’s overseas trade by 

7 volume, support the mobilization and deployment of 

8 the Armed Forces, and serve as transit points for 

9 millions of cruise and ferry passengers. 

10 (4) Maritime industries contribute 

11 $742,000,000,000 per year to our Gross National 

12 Product. 

13 (5) The United States Coast Guard has issued 

14 final regulations that call for an immediate and 

15 long-term investment in the security of our seaports. 

16 (6) According to the United States Coast 

17 Guard, implementing these regulations will cost 

18 $1,125,000,000 in the first year and $5,450,000,000 

19 over 10 years. 

20 (7) Given the Nation’s economic dependence on 

21 our seaports and our ongoing national security con22 cerns, seaport security funding and the need for 

23 Federal support for the Nation’s security should be 

24 ongoing. 
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1 (8) Given the enormity of the seaport capital 

2 infrastructure projects, Congress needs to establish 

3 a multi-year seaport grant program that resembles 

4 the Letter of Intent measures established in the 

5 aviation security program. 

6 (9) The continuing security and economic needs 

7 that face the Nation and our seaports should be rec8 ognized by the implementation of this Act. 

9 SEC. 3. SEAPORT SECURITY IMPROVEMENT PROJECTS. 

10 (a) GRANT AUTHORITY.—Subject to the require11 ments of this section, the Secretary of Homeland Security 

12 may make grants to seaports to enhance security. 

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

14 this section shall submit to the Secretary an application 

15 in such form and containing such information as the Sec16 retary prescribes. 

17 (c) GRANT AWARDS.—

18 (1) IN GENERAL.—The Secretary, after con19 sultation with the Secretary of Transportation, may 

20 approve an application of a seaport for a grant 

21 under this section only if the Secretary determines 

22 that the project will improve security at a seaport or 

23 improve the efficiency of the seaport without less24 ening security. 
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1 (2) PRIORITY.—The Secretary shall give pri2 ority in awarding grants under this section to sea3 ports that the Secretary considers will impact or en4 hance the Nation’s seaport security. 

5 (d) MATCHING REQUIREMENTS.—

6 (1) 75-PERCENT FEDERAL FUNDING.—Except 

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

8 eligible project under this section shall not exceed 75 

9 percent of the total cost of such project. 

10 (2) EXCEPTIONS.—

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

12 project under subsection (a) that costs less than 

13 $25,000 shall not be required to match Federal 

14 funds. 

15 (B) HIGHER LEVEL OF SUPPORT RE16 QUIRED.—If the Secretary determines that a 

17 proposed project merits support and cannot be 

18 undertaken without a higher rate of Federal 

19 support, the Secretary may approve grants 

20 under this section with a matching requirement 

21 other than that specified in paragraph (1). 

22 (e) LETTERS OF INTENT.—

23 (1) ISSUANCE.—The Secretary may issue a let24 ter of intent to a seaport committing to obligate 

25 from future budget authority an amount, not more 
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1 than the Federal Government’s share of the project’s 

2 cost, for a seaport security improvement project (in3 cluding interest costs and costs of formulating the 

4 project). 

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

6 subsection shall establish a schedule under which the 

7 Secretary will reimburse the seaport for the Govern8 ment’s share of the project’s costs, as amounts be9 come available, if the seaport, after the Secretary 

10 issues the letter, carries out the project without re11 ceiving amounts under this section. 

12 (3) NOTICE TO SECRETARY.—A seaport that 

13 has been issued a letter of intent under this sub14 section shall notify the Secretary of the seaport’s in15 tent to carry out a project before the project begins. 

16 (4) NOTICE TO CONGRESS.—The Secretary 

17 shall transmit to the Committees on Appropriations 

18 and Transportation and Infrastructure of the House 

19 of Representatives and the Committees on Appro20 priations and Commerce, Science and Transpor21 tation of the Senate a written notification at least 3 

22 days before the issuance of a letter of intent under 

23 this section. 

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

25 under this subsection is not an obligation of the 
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1 Government under section 1501 of title 31, and the 

2 letter is not deemed to be an administrative commit3 ment for financing. An obligation or administrative 

4 commitment may be made only as amounts are pro5 vided in authorization and appropriations laws. 

6 (6) STATUTORY CONSTRUCTION.—Nothing in 

7 this subsection shall be construed to prohibit the ob8 ligation of amounts pursuant to a letter of intent 

9 under this subsection in the same fiscal year as the 

10 letter of intent is issued. 

11 (f) APPLICATION OF ADDITIONAL REQUIREMENTS.—

12 The Secretary may require as a condition for issuance of 

13 a letter of intent such reasonable administrative require14 ments as necessary to carry out the provisions of this Act. 

15 (g) SECRETARY DEFINED.—Unless otherwise pro16 vided, in this section, the term ‘‘Secretary’’ means the Sec17 retary of Homeland Security. 

18 (h) NOTIFICATION TO COMMITTEE.—The Secretary 

19 shall notify the appropriate committees of Congress when 

20 a grant is made under this section. 

21 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $800,000,000 for each of fiscal years 2005 through 2009. 

24 Such sums shall remain available until expended.

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