I 

109TH CONGRESS 

1ST SESSION H. R. 478 

To improve seaport security. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2005 

Ms. MILLENDER-MCDONALD (for herself, Ms. HARMAN, Ms. CORRINE BROWN

of Florida, Ms. BORDALLO, and Mr. NADLER) introduced the following 

bill; which was referred to the Committee on Homeland Security 

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 
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1 terrorist network is to weaken the economic security 

2 of our country. 

3 (2) The Nation’s coastline is our longest border, 

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

5 Lakes and inland waterways. 

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

7 the Nation’s economic growth and vitality. Seaports 

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

9 volume, support the mobilization and deployment of 

10 the Armed Forces, and serve as transit points for 

11 millions of cruise and ferry passengers. 

12 (4) Maritime industries contribute 

13 $742,000,000,000 per year to our Gross National 

14 Product. 

15 (5) The United States Coast Guard has issued 

16 final regulations that call for an immediate and 

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

18 (6) According to the United States Coast 

19 Guard, implementing these regulations will cost 

20 $1,125,000,000 in the first year and $5,450,000,000 

21 over 10 years. 

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

23 our seaports and our ongoing national security con24 cerns, seaport security funding and the need for 
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1 Federal support for the Nation’s security should be 

2 ongoing. 

3 (8) Given the enormity of the seaport capital 

4 infrastructure projects, Congress needs to establish 

5 a multi-year seaport grant program that resembles 

6 the Letter of Intent measures established in the 

7 aviation security program. 

8 (9) The continuing security and economic needs 

9 that face the Nation and our seaports should be rec10 ognized by the implementation of this Act. 

11 SEC. 3. SEAPORT SECURITY IMPROVEMENT PROJECTS. 

12 (a) GRANT AUTHORITY.—Subject to the require13 ments of this section, the Secretary of Homeland Security 

14 may make grants to seaports to enhance security. 

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

16 this section shall submit to the Secretary an application 

17 in such form and containing such information as the Sec18 retary prescribes. 

19 (c) GRANT AWARDS.— 

20 (1) IN GENERAL.—The Secretary, after con21 sultation with the Secretary of Transportation, may 

22 approve an application of a seaport for a grant 

23 under this section only if the Secretary determines 

24 that the project will improve security at a seaport or 
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1 improve the efficiency of the seaport without less2 ening security. 

3 (2) PRIORITY.—The Secretary shall give pri4 ority in awarding grants under this section to sea5 ports that the Secretary considers will impact or en6 hance the Nation’s seaport security. 

7 (d) MATCHING REQUIREMENTS.— 

8 (1) 75-PERCENT FEDERAL FUNDING.—Except 

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

10 eligible project under this section shall not exceed 75 

11 percent of the total cost of such project. 

12 (2) EXCEPTIONS.— 

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

14 project under subsection (a) that costs less than 

15 $25,000 shall not be required to match Federal 

16 funds. 

17 (B) HIGHER LEVEL OFSUPPORT RE18 QUIRED.—If the Secretary determines that a 

19 proposed project merits support and cannot be 

20 undertaken without a higher rate of Federal 

21 support, the Secretary may approve grants 

22 under this section with a matching requirement 

23 other than that specified in paragraph (1). 

24 (e) LETTERS OF INTENT.— 
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1 (1) ISSUANCE.—The Secretary may issue a let2 ter of intent to a seaport committing to obligate 

3 from future budget authority an amount, not more 

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

5 cost, for a seaport security improvement project (in6 cluding interest costs and costs of formulating the 

7 project). 

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

9 subsection shall establish a schedule under which the 

10 Secretary will reimburse the seaport for the Govern11 ment’s share of the project’s costs, as amounts be12 come available, if the seaport, after the Secretary 

13 issues the letter, carries out the project without re14 ceiving amounts under this section. 

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

16 has been issued a letter of intent under this sub17 section shall notify the Secretary of the seaport’s in18 tent to carry out a project before the project begins. 

19 (4) NOTICE TO CONGRESS.—The Secretary 

20 shall transmit to the Committees on Appropriations 

21 and Transportation and Infrastructure of the House 

22 of Representatives and the Committees on Appro23 priations and Commerce, Science and Transpor24 tation of the Senate a written notification at least 3 
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1 days before the issuance of a letter of intent under 

2 this section. 

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

4 under this subsection is not an obligation of the 

5 Government under section 1501 of title 31, and the 

6 letter is not deemed to be an administrative commit7 ment for financing. An obligation or administrative 

8 commitment may be made only as amounts are pro9 vided in authorization and appropriations laws. 

10 (6) STATUTORY CONSTRUCTION.—Nothing in 

11 this subsection shall be construed to prohibit the ob12 ligation of amounts pursuant to a letter of intent 

13 under this subsection in the same fiscal year as the 

14 letter of intent is issued. 

15 (f) APPLICATION OF ADDITIONAL REQUIREMENTS.— 

16 The Secretary may require as a condition for issuance of 

17 a letter of intent such reasonable administrative require18 ments as necessary to carry out the provisions of this Act. 

19 (g) SECRETARY DEFINED.—Unless otherwise pro20 vided, in this section, the term ‘‘Secretary’’ means the Sec21 retary of Homeland Security. 

22 (h) NOTIFICATION TO COMMITTEE.—The Secretary 

23 shall notify the appropriate committees of Congress when 

24 a grant is made under this section. 
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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $800,000,000 for each of fiscal years 2006 through 2010. 

4 Such sums shall remain available until expended. 

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