§70107 — Title 46 Shipping | U.S. Code

Summary

Creates a grant program to pay for port security projects based on risk. The Secretary of Transportation must set up the program, get reviews from Federal Maritime Security Coordinators and the Maritime Administrator before giving money, and use the latest risk information while thinking about national economic, energy, and defense needs. Grants can pay for eight kinds of port security costs, such as paying Coast Guard-required security staff; buying, operating, and maintaining security gear and infrastructure; screening and detection equipment (including gear to find weapons of mass destruction and explosives); vulnerability assessments; training and exercises; information-sharing systems; equipment to handle classified information; and training public safety personnel to enforce or help enforce security zones. Grant money generally cannot build new buildings, except for specially approved facilities built under Stafford Act rules (42 U.S.C. 5196(j)(8)). For projects under the equipment/infrastructure category, funding per project cannot exceed $1,000,000 or, if the Secretary approves, up to 10 percent of the total grant. Federal funding normally may cover up to 75 percent of a project’s cost. There is no local match for projects costing $25,000 or less, and no match is required for training to enforce security zones. The Secretary may approve a higher federal share if a project truly needs it. The Secretary must coordinate funded projects inside a port, may require users to cooperate, and can sign letters of intent. No more than 20 percent of grant funds in any year may go to projects that run over multiple years. Grants must support the applicable Area Maritime Transportation Security Plan and be coordinated with State or Urban Area Homeland Security Plans. Any entity covered by an Area Maritime Transportation Security Plan can apply. Applications must include a copy of the plan, a description of the project’s need and how it fits the plan, and a Captain of the Port determination that the project fixes Coast Guard-identified security weaknesses. The Secretary will set rules for accounting, reporting, and review, and will approve payments only if the project matches Coast Guard assessments, adequate nonfederal funds are available, the project will finish without undue delay, and the recipient has authority to do it. Recipients must keep records and allow audits by the Secretary, the Comptroller General, and the Inspector General. The Secretary must report how grant funds are allocated by risk within 180 days after the SAFE Port Act. Additional reports and funding proposals for fiscal years 2003–2008 are required within 6 months, with yearly unclassified progress reports until October 1, 2009. Congress authorized $400,000,000 per year for fiscal years 2007 through 2013 for this program. The Secretary may also fund research, pilot projects, and university grants to develop or test new detection, tracking, and response technologies (including scintillation-based nuclear detectors), with up to $35,000,000 per year for fiscal years 2005–2009; these efforts must avoid duplicating other federal work and are subject to audits and annual Inspector General review.

Title 46, §70107

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(a)The Secretary shall establish a grant program for the allocation of funds based on risk to implement Area Maritime Transportation Security Plans and facility security plans among port authorities, facility operators, and State and local government agencies required to provide port security services and to train public safety personnel under section 70132 of this title. Before awarding a grant under the program, the Secretary shall provide for review and comment by the appropriate Federal Maritime Security Coordinators and the Maritime Administrator. In administering the grant program, the Secretary shall take into account national economic, energy, and strategic defense concerns based upon the most current risk assessments available.

(b)The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and ensuring compliance with Area Maritime Transportation Security Plans and facility security plans are eligible to be funded:

(1)Salary, benefits, overtime compensation, retirement contributions, and other costs of additional Coast Guard mandated security personnel.

(2)The cost of acquisition, operation, and maintenance of security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting systems, remote surveillance, concealed video systems, security vessels, and other security-related infrastructure or equipment that contributes to the overall security of passengers, cargo, or crewmembers. Grants awarded under this section may not be used to construct buildings or other physical facilities, except those which are constructed under terms and conditions consistent with the requirements under section 611(j)(8) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(8)), including those facilities in support of this paragraph, and specifically approved by the Secretary. Costs eligible for funding under this paragraph may not exceed the greater of—

(A)$1,000,000 per project; or

(B)such greater amount as may be approved by the Secretary, which may not exceed 10 percent of the total amount of the grant.

(3)The cost of screening equipment, including equipment that detects weapons of mass destruction and conventional explosives, and of testing and evaluating such equipment, to certify secure systems of transportation.

(4)The cost of conducting vulnerability assessments to evaluate and make recommendations with respect to security.

(5)The cost of conducting exercises or training for prevention and detection of, preparedness for, response to, or recovery from terrorist attacks.

(6)The cost of establishing or enhancing mechanisms for sharing terrorism threat information and ensuring that the mechanisms are interoperable with Federal, State, and local agencies.

(7)The cost of equipment (including software) required to receive, transmit, handle, and store classified information.

(8)The cost of training public safety personnel—

(A)to enforce a security zone under section 70132 of this title; or

(B)assist in the enforcement of a security zone.

(c)(1)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)(A)There are no matching requirements for grants under subsection (a) for projects costing not more than $25,000.

(B)If the Secretary determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, then the Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1).

(C)There are no matching requirements for grants under subsection (a) to train public safety personnel in the enforcement of security zones under section 70132 of this title or in assisting in the enforcement of such security zones.

(d)The Secretary shall ensure that projects paid for, or the costs of which are reimbursed, under this section within any area or port are coordinated with other projects, and may require cooperative agreements among users of the port and port facilities with respect to projects funded under this section.

(e)(1)The Secretary may execute letters of intent to commit funding to such authorities, operators, and agencies.

(2)Not more than 20 percent of the grant funds awarded under this subsection in any fiscal year may be awarded for projects that span multiple years.

(f)The Secretary shall ensure that each grant awarded under subsection (e)—

(1)is used to supplement and support, in a consistent and coordinated manner, the applicable Area Maritime Transportation Security Plan; and

(2)is coordinated with any applicable State or Urban Area Homeland Security Plan.

(g)Any entity subject to an Area Maritime Transportation Security Plan may submit an application for a grant under this section, at such time, in such form, and containing such information and assurances as the Secretary may require.

(h)Not later than 180 days after the date of the enactment of the SAFE Port Act, the Secretary, acting through the Commandant of the Coast Guard, shall submit a report to Congress, in a secure format, describing the methodology used to allocate port security grant funds on the basis of risk.

(i)(1)The Secretary shall require eligible port authorities, facility operators, and State and local agencies required to provide security services, to submit an application, at such time, in such form, and containing such information and assurances as the Secretary may require, and shall include appropriate application, review, and delivery mechanisms.

(2)Each application for payment or reimbursement of eligible costs shall include, at a minimum, the following:

(A)A copy of the applicable Area Maritime Transportation Security Plan or facility security plan.

(B)A comprehensive description of the need for the project, and a statement of the project’s relationship to the applicable Area Maritime Transportation Security Plan or facility security plan.

(C)A determination by the Captain of the Port that the security project addresses or corrects Coast Guard identified vulnerabilities in security and ensures compliance with Area Maritime Transportation Security Plans and facility security plans.

(3)The Secretary shall by regulation establish appropriate accounting, reporting, and review procedures to ensure that amounts paid or reimbursed under this section are used for the purposes for which they were made available, all expenditures are properly accounted for, and amounts not used for such purposes and amounts not obligated or expended are recovered.

(4)The Secretary may approve an application for the payment or reimbursement of costs under this section only if the Secretary is satisfied that—

(A)the project is consistent with Coast Guard vulnerability assessments and ensures compliance with Area Maritime Transportation Security Plans and facility security plans;

(B)enough money is available to pay the project costs that will not be reimbursed by the United States Government under this section;

(C)the project will be completed without unreasonable delay; and

(D)the recipient has authority to carry out the project as proposed.

(j)A recipient of amounts made available under this section shall keep such records as the Secretary may require, and make them available for review and audit by the Secretary, the Comptroller General of the United States, or the Inspector General of the department in which the Coast Guard is operating.

(k)(1)Within 6 months after the date of enactment of this Act, the Secretary shall transmit an unclassified report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, that—

(A)includes a funding proposal and rationale to fund the correction of Coast Guard identified vulnerabilities in port security and to help ensure compliance with Area Maritime Transportation Security Plans and facility security plans for fiscal years 2003 through 2008; and

(B)includes projected funding proposals for fiscal years 2003 through 2008 for the following security programs:

(i)The Sea Marshall program.

(ii)The Automated Identification System and a system of polling vessels on entry into United States waters.

(iii)The maritime intelligence requirements in this Act.

(iv)The issuance of transportation security cards required by section 70105.

(v)The program of certifying secure systems of transportation.

(2)The Secretary shall, as part of the report required by paragraph (1) report, in coordination with the Commissioner of Customs, on projected expenditures of screening and detection equipment and on cargo security programs over fiscal years 2003 through 2008.

(3)Annually, beginning 1 year after transmittal of the report required by paragraph (1) until October 1, 2009, the Secretary shall transmit an unclassified annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, on progress in achieving compliance with the correction of Coast Guard identified vulnerabilities in port security and compliance with Area Maritime Transportation Security Plans and facility security plans that—

(A)identifies any modifications necessary in funding to ensure the correction of Coast Guard identified vulnerabilities and ensure compliance with Area Maritime Transportation Security Plans and facility security plans;

(B)includes an assessment of progress in implementing the grant program established by subsection (a);

(C)includes any recommendations the Secretary may make to improve these programs; and

(D)with respect to a port selected by the Secretary, describes progress and enhancements of applicable Area Maritime Transportation Security Plans and facility security plans and how the Maritime Transportation Security Act of 2002 has improved security at that port.

(l)There are authorized to be appropriated $400,000,000 for each of the fiscal years 2007 through 2013 to carry out this section.

(m)(1)The Secretary shall conduct investigations, fund pilot programs, and award grants, to examine or develop—

(A)methods or programs to increase the ability to target for inspection vessels, cargo, crewmembers, or passengers that will arrive or have arrived at any port or place in the United States;

(B)equipment to detect accurately explosives, chemical, or biological agents that could be used in a transportation security incident against the United States;

(C)equipment to detect accurately nuclear or radiological materials, including scintillation-based detection equipment capable of signalling the presence of nuclear or radiological materials;

(D)improved tags and seals designed for use on shipping containers to track the transportation of the merchandise in such containers, including sensors that are able to track a container throughout its entire supply chain, detect hazardous and radioactive materials within that container, and transmit that information to the appropriate law enforcement authorities;

(E)tools, including the use of satellite tracking systems, to increase the awareness of maritime areas and to identify potential transportation security incidents that could have an impact on facilities, vessels, and infrastructure on or adjacent to navigable waterways, including underwater access;

(F)tools to mitigate the consequences of a transportation security incident on, adjacent to, or under navigable waters of the United States, including sensor equipment, and other tools to help coordinate effective response to a transportation security incident;

(G)applications to apply existing technologies from other areas or industries to increase overall port security;

(H)improved container design, including blast-resistant containers; and

(I)methods to improve security and sustainability of port facilities in the event of a maritime transportation security incident, including specialized inspection facilities.

(2)(A)In conjunction with ongoing efforts to improve security at United States ports, the Secretary may conduct pilot projects at United States ports to test the effectiveness and applicability of new port security projects, including—

(i)testing of new detection and screening technologies;

(ii)projects to protect United States ports and infrastructure on or adjacent to the navigable waters of the United States, including underwater access; and

(iii)tools for responding to a transportation security incident at United States ports and infrastructure on or adjacent to the navigable waters of the United States, including underwater access.

(B)There is authorized to be appropriated to the Secretary $35,000,000 for each of fiscal years 2005 through 2009 to carry out this subsection.

(3)(A)The Secretary may make grants or enter into cooperative agreements with eligible nonprofit institutions of higher learning to conduct investigations in collaboration with ports and the maritime transportation industry focused on enhancing security of the Nation’s ports in accordance with this subsection through National Port Security Centers.

(B)To be eligible to receive a grant under this paragraph, a nonprofit institution of higher learning, or a consortium of such institutions, shall submit an application to the Secretary in such form and containing such information as the Secretary may require.

(C)The Secretary shall select grant recipients under this paragraph through a competitive process on the basis of the following criteria:

(i)Whether the applicant can demonstrate that personnel, laboratory, and organizational resources will be available to the applicant to carry out the investigations authorized in this paragraph.

(ii)The applicant’s capability to provide leadership in making national and regional contributions to the solution of immediate and long-range port and maritime transportation security and risk mitigation problems.

(iii)Whether the applicant can demonstrate that the applicant has an established, nationally recognized program in disciplines that contribute directly to maritime transportation safety and education.

(iv)Whether the applicant’s investigations will involve major United States ports on the East Coast, the Gulf Coast, and the West Coast, and Federal agencies and other entities with expertise in port and maritime transportation.

(v)Whether the applicant has a strategic plan for carrying out the proposed investigations under the grant.

(4)(A)Before making any grant, the Secretary shall coordinate with other Federal agencies to ensure the grant will not duplicate work already being conducted with Federal funding.

(B)The Secretary shall by regulation establish accounting, reporting, and review procedures to ensure that funds made available under paragraph (1) are used for the purpose for which they were made available, that all expenditures are properly accounted for, and that amounts not used for such purposes and amounts not expended are recovered.

(C)Recipients of grants shall keep all records related to expenditures and obligations of funds provided under paragraph (1) and make them available upon request to the Inspector General of the department in which the Coast Guard is operating and the Secretary for audit and examination.

(5)The Inspector General of the department in which the Coast Guard is operating shall annually review the programs established under this subsection to ensure that the expenditures and obligations of funds are consistent with the purposes for which they are provided, and report the findings to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of the SAFE Port Act, referred to in subsec. (h), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13, 2006. The date of enactment of this Act, referred to in subsec. (k)(1), probably means the date of enactment of Pub. L. 107–295, which enacted this section and was approved Nov. 25, 2002. This Act, referred to in subsec. (k)(1)(B)(iii), probably means the Maritime Transportation Security Act of 2002, which enacted this subtitle, see note below. With respect to “transportation security cards required by section 70105”, referred to in subsec. (k)(1)(B)(iv),

Amendments

made by Pub. L. 117–263 to section 70105 of this title are such that section 70105 now refers to “transportation worker identification credential” rather than “transportation security card”. See section 70105 of this title. The Maritime Transportation Security Act of 2002, referred to in subsec. (k)(3)(D), is Pub. L. 107–295, Nov. 25, 2002, 116 Stat. 2064. For complete classification of this Act to the Code, see Tables.

Amendments

2021—Subsec. (a). Pub. L. 116–283, § 8314(1)(A), substituted “public safety personnel” for “law

Enforcement

personnel”. Subsec. (b)(8). Pub. L. 116–283, § 8314(1)(B), substituted “public safety personnel—” for “law

Enforcement

personnel—” in introductory provisions. Subsec. (c)(2)(C). Pub. L. 116–283, § 8314(1)(C), substituted “public safety personnel” for “law

Enforcement

agency personnel”. 2016—Subsec. (b)(2). Pub. L. 114–120, § 306(a)(10)(A), substituted “5196(j)(8)),” for “5121(j)(8)),” in introductory provisions. Subsec. (m)(3)(C)(iii). Pub. L. 114–120, § 306(a)(10)(B), substituted “that the applicant” for “that is”. 2010—Subsec. (a). Pub. L. 111–281, § 828(b)(1), substituted “services and to train law

Enforcement

personnel under section 70132 of this title.” for “services.” in first sentence. Subsec. (b)(8). Pub. L. 111–281, § 828(b)(2), added par.(8). Subsec. (c)(2)(C). Pub. L. 111–281, § 828(b)(3), added subpar. (C). Subsec. (l). Pub. L. 111–281, § 828(b)(4), substituted “2013” for “2011”. 2006—Subsec. (a). Pub. L. 109–347, § 112(a), (e), substituted “for the allocation of funds based on risk” for “for making a fair and equitable allocation of funds” and “national economic, energy, and strategic defense concerns based upon the most current risk assessments available” for “national economic and strategic defense concerns”. Subsec. (b)(2). Pub. L. 109–347, § 112(b)(1), inserted at end “Grants awarded under this section may not be used to construct buildings or other physical facilities, except those which are constructed under terms and conditions consistent with the requirements under section 611(j)(8) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121(j)(8)), including those facilities in support of this paragraph, and specifically approved by the Secretary. Costs eligible for funding under this paragraph may not exceed the greater of—” and subpars. (A) and (B). Subsec. (b)(5) to (7). Pub. L. 109–347, § 112(b)(2), added pars. (5) to (7). Subsecs. (e) to (i). Pub. L. 109–347, § 112(c)(1), added subsecs. (e) to (h). Former subsecs. (e) to (i) redesignated (i) to (m), respectively. Subsec. (i)(1). Pub. L. 109–347, § 112(c)(2), substituted “Secretary shall require” for “program shall require”. Subsecs. (j), (k). Pub. L. 109–347, § 112(c)(1), redesignated subsecs. (f) and (g) as (j) and (k), respectively. Subsec. (l). Pub. L. 109–347, § 112(d), amended subsec. (l) generally. Prior to amendment, subsec. (l) read as follows: “There are authorized to be appropriated to the Secretary for each of fiscal years 2003 through 2008 such sums as are necessary to carry out subsections (a) through (g).” Pub. L. 109–347, § 112(c)(1), redesignated subsec. (h) as (l). Subsec. (m). Pub. L. 109–347, § 112(c)(1), redesignated subsec. (i) as (m). 2004—Subsec. (a). Pub. L. 108–293, § 804(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Transportation, acting through the Maritime Administrator, shall establish a grant program for making a fair and equitable allocation among port authorities, facility operators, and State and local agencies required to provide security services of funds to implement Area Maritime Transportation Security Plans and facility security plans. The program shall take into account national economic and strategic defense considerations.” Subsec. (c)(2)(B). Pub. L. 108–293, § 804(b)(1), substituted “Secretary determines” for “Secretary of Transportation determines”. Subsecs. (d), (e). Pub. L. 108–293, § 804(b)(1), substituted “Secretary” for “Secretary of Transportation” wherever appearing. Subsec. (f). Pub. L. 108–293, § 804(b), substituted “Secretary” for “Secretary of Transportation” in two places and “department in which the Coast Guard is operating” for “Department of Transportation”. Subsecs. (g), (h). Pub. L. 108–293, § 804(b)(1), substituted “Secretary” for “Secretary of Transportation” wherever appearing. Subsec. (i). Pub. L. 108–293, § 808(a), added subsec. (i) and struck out former subsec. (i) which related to research and development grants for port security.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 Amendment Pub. L. 108–293, title VIII, § 804(c), Aug. 9, 2004, 118 Stat. 1081, provided that: “Subsections (a) and (b) [amending this section]— “(1) shall take effect October 1, 2004; and “(2) shall not affect any grant made before that date.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For

Transfer of Functions

, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

§70107 Grants

Summary

Title 46, §70107

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Amendments

Enforcement

Enforcement

Enforcement

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata