I 
109TH CONGRESS 
1ST SESSION H. R. 1731 
To improve the security of the Nation’s ports by providing Federal grants 
to support Area Maritime Transportation Security Plans and to address 
vulnerabilities in port areas identified in approved vulnerability assess-
ments or by the Secretary of Homeland Security. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 20, 2005 
Ms. HARMAN introduced the following bill; which was referred to the 
Committee on Homeland Security 
A BILL 
To improve the security of the Nation’s ports by providing 
Federal grants to support Area Maritime Transportation 
Security Plans and to address vulnerabilities in port 
areas identified in approved vulnerability assessments or 
by the Secretary of Homeland Security. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Port Security Grants 
Act of 2005’’.
SEC. 2. PORT SECURITY GRANT PROGRAM. 
(a) GRANTS AUTHORIZED.—The Secretary of Home-
land Security (referred to in this Act as the ‘‘Secretary’’), 
acting through the Office of State and Local Government 
Coordination and Preparedness, shall establish a grant 
program to fairly and equitably allocate Federal financial 
assistance— 
(1) to help implement Area Maritime Transpor-
tation 
Security 
Plans 
required 
under 
section 
70103(b) of title 46, United States Code; 
(2) to correct port security vulnerabilities iden-
tified through vulnerability assessments approved by 
the Secretary; or 
(3) to non-Federal projects contributing to the 
overall security of an individual port or the system 
of ports in the United States, as determined by the 
Secretary. 
(b) GRANT AWARDS.—In awarding grants under this 
Act, the Secretary shall— 
(1) take into account national economic and 
strategic defense considerations of individual ports; 
and 
(2) strongly encourage efforts to promote— 
(A) integration of port wide security; 
(B) information and intelligence sharing; 
and
(C) joint efforts, such as joint harbor oper-
ations centers between all port stakeholders. 
(c) USE OF FUNDS.—Grants awarded under this sec-
tion may be used— 
(1) to help implement Area Maritime Transpor-
tation 
Security 
Plans 
required 
under 
section 
70103(b) of title 46, United States Code; 
(2) to correct port security vulnerabilities iden-
tified through vulnerability assessments approved by 
the Secretary; 
(3) for the salaries, benefits, overtime com-
pensation, and other costs of additional security per-
sonnel for State and local agencies for activities re-
quired by the Area Maritime Security Plan for a 
port area if— 
(A) the Secretary increases the threat level 
under the Homeland Security Advisory System 
to Code Orange or Code Red; 
(B) the Commandant of the Coast Guard 
raises the Maritime Security level to MARSEC 
Level 2 or 3; or 
(C) the Secretary otherwise authorizes 
such costs; 
(4) for the cost of acquisition, operation, and 
maintenance of equipment that contributes to the
overall security of the port area, as identified in the 
Area Maritime Security Plan if the need is based 
upon vulnerability assessments approved by the Sec-
retary or identified in the Area Maritime Security 
Plan; 
(5) to develop joint harbor operations centers 
that bring together Federal, State, and local officials 
and stakeholders into a common operation center 
that is focused on port area security; 
(6) to conduct vulnerability assessments ap-
proved by the Secretary; and 
(7) to conduct port wide exercises to strengthen 
emergency preparedness of Federal, State, and local 
officials responsible for port security, including law 
enforcement personnel, in support of the Area Mari-
time Security Plan. 
(d) PROHIBITED USES.—Grants awarded under this 
section may not be used to construct buildings or other 
physical facilities or to acquire land unless such use is spe-
cifically approved by the Secretary in support of sub-
section (c)(5). 
(e) MATCHING REQUIREMENTS.— 
(1) FEDERAL FUNDING.—Except as provided in 
paragraph (2), Federal funds for any eligible project
under this section shall not exceed 75 percent of the 
total cost of such project. 
(2) EXCEPTIONS.— 
(A) SMALL
PROJECTS.—Paragraph (1) 
shall not apply to grants under this section for 
stand alone projects costing not more than 
$25,000. The amount under this subparagraph 
shall be indexed to the consumer price index 
and modified each fiscal year after the annual 
publication of the consumer price index. 
(B) REDUCTION IN MATCHING REQUIRE-
MENT.—If the Secretary determines that a pro-
posed project merits support and cannot be un-
dertaken without a higher percentage of Fed-
eral financial assistance, the Secretary may 
award a grant for such project with a lesser 
matching requirement than is described in 
paragraph (1). 
(f) APPLICATION.— 
(1) IN GENERAL.—The Secretary shall deter-
mine who, as an eligible applicant, may submit an 
application, at such time, in such form, and con-
taining such information and assurances as the Sec-
retary, working through the Office of State and
Local Government Coordination and Preparedness, 
may require. 
(2) MINIMUM
STANDARDS
FOR
PAYMENT
OR 
REIMBURSEMENT.—Each 
application 
submitted 
under paragraph (1) shall include— 
(A) a comprehensive description of— 
(i) the need for the project; 
(ii) the methodology for coordinating 
the project into the security of the greater 
port area, as identified in the Area Mari-
time Security Plan; 
(iii) any existing cooperation agree-
ments with other port facilities, vessels, or 
organizations that benefit security of the 
entire port; and 
(iv) the applicability of the project to 
the Area Maritime Transportation Security 
Plan; and 
(B) a determination by the Captain of the 
Port that the security project— 
(i) addresses or corrects port security 
vulnerabilities identified by the Coast 
Guard, or through port security vulner-
ability assessments approved by the Sec-
retary; and
(ii) helps to ensure compliance with 
the Area Maritime Transportation Security 
Plan. 
(3) 
PROCEDURAL
SAFEGUARDS.—The 
Sec-
retary, in consultation with the Office of the Inspec-
tor General, shall issue guidelines to establish appro-
priate accounting, reporting, and review procedures 
to ensure that— 
(A) grant funds are used for the purposes 
for which they were made available; 
(B) grantees have properly accounted for 
all expenditures of grant funds; and 
(C) grant funds not used for such purposes 
and amounts not obligated or expended are re-
turned. 
(4) PROJECT APPROVAL REQUIRED.—The Sec-
retary may not award a grant under this section un-
less the Secretary determines that— 
(A) the project to be carried out with such 
grant funding— 
(i) is consistent with vulnerability as-
sessments approved by the Secretary; 
(ii) supports cooperation or integra-
tion of Federal, State, local, and industry 
stakeholders in the port area; and
(iii) helps to implement the Area Mar-
itime Transportation Security Plan; 
(B) sufficient funding is available to meet 
the matching requirement described under sub-
section (d); 
(C) the project will be completed without 
unreasonable delay; and 
(D) the recipient has authority to carry 
out the proposed project. 
(g) COORDINATION AND COOPERATION.—The Sec-
retary— 
(1) shall ensure that all projects that receive 
grant funding under this section within any area de-
fined in an Area Maritime Transportation Security 
Plan are coordinated with other projects in such 
area; and 
(2) may require cooperative agreements among 
users of the port and port facilities with respect to 
projects funded under this section. 
(h) AUDITS
AND
EXAMINATIONS.—All grantees 
under this section shall maintain such records as the Sec-
retary may require and make such records available for 
review and audit by the Secretary, the Comptroller Gen-
eral of the United States, or the Inspector General of the 
Department of Homeland Security.
(i) REPORTS ON SECURITY FUNDING AND COMPLI-
ANCE.— 
(1) INITIAL REPORT.—Not later than 6 months 
after the date of enactment of this Act, the Sec-
retary shall submit an unclassified report to the 
Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Home-
land Security of the House of Representatives con-
taining a proposal to implement the port security 
grant program for fiscal years 2007 through 2012. 
(2) ANNUAL REPORTS.—Not later than 1 year 
after the submission of the report required by para-
graph (1), and annually through October 1, 2013, 
the Secretary shall submit an unclassified report to 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives, 
regarding the progress made in meeting the objec-
tives described in subparagraphs (A) and (B) of 
paragraph (1), that— 
(A) identifies any funding modifications 
necessary to meet the objectives described in 
such subparagraphs (A) and (B);
(B) includes an assessment of progress in 
implementing the grant program established 
under this Act; and 
(C) includes any recommendations the Sec-
retary may make to improve these programs. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary $400,000,000 for each 
of the fiscal years 2007 through 2012 to carry out 
this Act. 
(2) SOURCE OF FUNDS.—The amounts author-
ized to be appropriated under paragraph (1) shall 
originate from duties collected by United States Cus-
toms and Border Protection. 
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