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. 
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 ‘‘United States Seaport 
Multiyear Security Enhancement Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Nation’s 361 seaports are considered a 
major terrorist target. Al Qaeda has strong ties to 
the shipping industry and one of the aims of this
terrorist network is to weaken the economic security 
of our country. 
(2) The Nation’s coastline is our longest border, 
which is a 95,000-mile coast that includes the Great 
Lakes and inland waterways. 
(3) Protecting America’s seaports is critical to 
the Nation’s economic growth and vitality. Seaports 
handle 95 percent of our Nation’s overseas trade by 
volume, support the mobilization and deployment of 
the Armed Forces, and serve as transit points for 
millions of cruise and ferry passengers. 
(4) 
Maritime 
industries 
contribute 
$742,000,000,000 per year to our Gross National 
Product. 
(5) The United States Coast Guard has issued 
final regulations that call for an immediate and 
long-term investment in the security of our seaports. 
(6) According to the United States Coast 
Guard, implementing these regulations will cost 
$1,125,000,000 in the first year and $5,450,000,000 
over 10 years. 
(7) Given the Nation’s economic dependence on 
our seaports and our ongoing national security con-
cerns, seaport security funding and the need for
Federal support for the Nation’s security should be 
ongoing. 
(8) Given the enormity of the seaport capital 
infrastructure projects, Congress needs to establish 
a multi-year seaport grant program that resembles 
the Letter of Intent measures established in the 
aviation security program. 
(9) The continuing security and economic needs 
that face the Nation and our seaports should be rec-
ognized by the implementation of this Act. 
SEC. 3. SEAPORT SECURITY IMPROVEMENT PROJECTS. 
(a) GRANT AUTHORITY.—Subject to the require-
ments of this section, the Secretary of Homeland Security 
may make grants to seaports to enhance security. 
(b) APPLICATIONS.—A seaport seeking a grant under 
this section shall submit to the Secretary an application 
in such form and containing such information as the Sec-
retary prescribes. 
(c) GRANT AWARDS.— 
(1) IN
GENERAL.—The Secretary, after con-
sultation with the Secretary of Transportation, may 
approve an application of a seaport for a grant 
under this section only if the Secretary determines 
that the project will improve security at a seaport or
improve the efficiency of the seaport without less-
ening security. 
(2) PRIORITY.—The Secretary shall give pri-
ority in awarding grants under this section to sea-
ports that the Secretary considers will impact or en-
hance the Nation’s seaport security. 
(d) MATCHING REQUIREMENTS.— 
(1) 75-PERCENT 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.—A seaport with a 
project under subsection (a) that costs less than 
$25,000 shall not be required to match Federal 
funds. 
(B) HIGHER
LEVEL
OF
SUPPORT
RE-
QUIRED.—If the Secretary determines that a 
proposed project merits support and cannot be 
undertaken without a higher rate of Federal 
support, the Secretary may approve grants 
under this section with a matching requirement 
other than that specified in paragraph (1). 
(e) LETTERS OF INTENT.—
(1) ISSUANCE.—The Secretary may issue a let-
ter of intent to a seaport committing to obligate 
from future budget authority an amount, not more 
than the Federal Government’s share of the project’s 
cost, for a seaport security improvement project (in-
cluding interest costs and costs of formulating the 
project). 
(2) SCHEDULE.—A letter of intent under this 
subsection shall establish a schedule under which the 
Secretary will reimburse the seaport for the Govern-
ment’s share of the project’s costs, as amounts be-
come available, if the seaport, after the Secretary 
issues the letter, carries out the project without re-
ceiving amounts under this section. 
(3) NOTICE
TO
SECRETARY.—A seaport that 
has been issued a letter of intent under this sub-
section shall notify the Secretary of the seaport’s in-
tent to carry out a project before the project begins. 
(4) NOTICE
TO
CONGRESS.—The Secretary 
shall transmit to the Committees on Appropriations 
and Transportation and Infrastructure of the House 
of Representatives and the Committees on Appro-
priations and Commerce, Science and Transpor-
tation of the Senate a written notification at least 3
days before the issuance of a letter of intent under 
this section. 
(5) LIMITATIONS.—A letter of intent issued 
under this subsection is not an obligation of the 
Government under section 1501 of title 31, and the 
letter is not deemed to be an administrative commit-
ment for financing. An obligation or administrative 
commitment may be made only as amounts are pro-
vided in authorization and appropriations laws. 
(6) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection shall be construed to prohibit the ob-
ligation of amounts pursuant to a letter of intent 
under this subsection in the same fiscal year as the 
letter of intent is issued. 
(f) APPLICATION OF ADDITIONAL REQUIREMENTS.— 
The Secretary may require as a condition for issuance of 
a letter of intent such reasonable administrative require-
ments as necessary to carry out the provisions of this Act. 
(g) SECRETARY DEFINED.—Unless otherwise pro-
vided, in this section, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
(h) NOTIFICATION TO COMMITTEE.—The Secretary 
shall notify the appropriate committees of Congress when 
a grant is made under this section.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$800,000,000 for each of fiscal years 2006 through 2010. 
Such sums shall remain available until expended. 
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