[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 478 Introduced in House (IH)]






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 Representatives 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 concerns, 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 recognized by the 
        implementation of this Act.

SEC. 3. SEAPORT SECURITY IMPROVEMENT PROJECTS.

    (a) Grant Authority.--Subject to the requirements 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 Secretary prescribes.
    (c) Grant Awards.--
            (1) In general.--The Secretary, after consultation 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 lessening 
        security.
            (2) Priority.--The Secretary shall give priority in 
        awarding grants under this section to seaports that the 
        Secretary considers will impact or enhance 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 required.--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 letter 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 (including 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 Government's share of the 
        project's costs, as amounts become available, if the seaport, 
        after the Secretary issues the letter, carries out the project 
        without receiving amounts under this section.
            (3) Notice to secretary.--A seaport that has been issued a 
        letter of intent under this subsection shall notify the 
        Secretary of the seaport's intent 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 Appropriations and Commerce, Science and 
        Transportation 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 commitment for financing. An obligation or 
        administrative commitment may be made only as amounts are 
        provided in authorization and appropriations laws.
            (6) Statutory construction.--Nothing in this subsection 
        shall be construed to prohibit the obligation 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 requirements as necessary to carry out the 
provisions of this Act.
    (g) Secretary Defined.--Unless otherwise provided, in this section, 
the term ``Secretary'' means the Secretary 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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