II 

108TH CONGRESS 

2D SESSION S 2240

To improve seaport security. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2004

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 Secretary of Homeland Security 

9 may make grants to seaports to enhance security. 

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

11 this section shall submit to the Secretary an application 
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1 in such form and containing such information as the Sec2 retary prescribes. 

3 (c) GRANT AWARDS.—

4 (1) IN GENERAL.—The Secretary, after con5 sultation with the Secretary of Transportation, may 

6 approve an application of a seaport for a grant 

7 under this section only if the Secretary determines 

8 that the project will improve security at a seaport or 

9 improve the efficiency of the seaport without less10 ening security. 

11 (2) PRIORITY.—The Secretary shall give pri12 ority in awarding grants under this section to sea13 ports that the Secretary considers will impact or en14 hance 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. 
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1 (B) HIGHER LEVEL OF SUPPORT RE2 QUIRED.—If the Secretary determines that a 

3 proposed project merits support and cannot be 

4 undertaken without a higher rate of Federal 

5 support, the Secretary may approve grants 

6 under this section with a matching requirement 

7 other than that specified in paragraph (1). 

8 (e) LETTERS OF INTENT.—

9 (1) ISSUANCE.—The Secretary may issue a let10 ter of intent to a seaport committing to obligate 

11 from future budget authority an amount, not more 

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

13 cost, for a seaport security improvement project (in14 cluding interest costs and costs of formulating the 

15 project). 

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

17 subsection shall establish a schedule under which the 

18 Secretary will reimburse the seaport for the Govern19 ment’s share of the project’s costs, as amounts be20 come available, if the seaport, after the Secretary 

21 issues the letter, carries out the project without re22 ceiving amounts under this section. 

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

24 has been issued a letter of intent under this sub-
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1 section shall notify the Secretary of the seaport’s in2 tent to carry out a project before the project begins. 

3 (4) NOTICE TO CONGRESS.—The Secretary 

4 shall transmit to the Committees on Appropriations 

5 and Transportation and Infrastructure of the House 

6 of Representatives and the Committees on Appro7 priations and Commerce, Science and Transpor8 tation of the Senate a written notification at least 3 

9 days before the issuance of a letter of intent under 

10 this section. 

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

12 under this subsection is not an obligation of the 

13 Government under section 1501 of title 31, and the 

14 letter is not deemed to be an administrative commit15 ment for financing. An obligation or administrative 

16 commitment may be made only as amounts are pro17 vided in authorization and appropriations laws. 

18 (6) STATUTORY CONSTRUCTION.—Nothing in 

19 this subsection shall be construed to prohibit the ob20 ligation of amounts pursuant to a letter of intent 

21 under this subsection in the same fiscal year as the 

22 letter of intent is issued. 

23 (f) APPLICATION OF ADDITIONAL REQUIREMENTS.—

24 The Secretary may require as a condition for issuance of 
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1 a letter of intent such reasonable administrative require2 ments as necessary to carry out the provisions of this Act. 

3 (g) SECRETARY DEFINED.—Unless otherwise pro4 vided, in this section, the term ‘‘Secretary’’ means the Sec5 retary of Homeland Security. 

6 (h) NOTIFICATION TO COMMITTEE.—The Secretary 

7 shall notify the appropriate committees of Congress when 

8 a grant is made under this section. 

9 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $800,000,000 for each of fiscal years 2005 through 2009. 

12 Such sums shall remain available until expended.

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