§ 70107. Grants

(a)In General.— 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 law enforcement 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)Eligible Costs.— 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. 5121(j)(8) 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) Administrative provisions.—

(A)No duplication of effort.— 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)Accounting.— 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)Recordkeeping.— 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)Annual review and report.— 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.

(Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2075; amended Pub. L. 108–293, title VIII, §§ 804(a), (b), 808(a), Aug. 9, 2004, 118 Stat. 1081, 1083; Pub. L. 109–347, title I, § 112, Oct. 13, 2006, 120 Stat. 1894; Pub. L. 111–281, title VIII, § 828(b), Oct. 15, 2010, 124 Stat. 3007.)

References In Text

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.

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

Amendments

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.

Effective Date Of Amendment

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

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 sections 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 sections 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.