Public Law 109-347, Section 112

PUBLIC LAW 109-347-0CT. 13,2006

SECURITY AND ACCOUNTABILITY FOR EVERY

PORT ACT OF 2006

120 STAT. 1894

PUBLIC LAW 109-347-0CT. 13,2006

Subtitle B-Port Security Grants; Training
and Exercise Programs
46 USC 70103
note.

SEC. 111. RISK ASSESSMENT TOOL.

In updating Area Maritime Security Plans required under sec­
tion 70103(b)(2)(F) of title 46, United States Code, and in applying
for grants under section 70107 of such title, the Secretary of the
Department in which the Coast Guard is operating shall make
available, and Area Maritime Security Committees may use a risk
assessment tool that uses standardized risk criteria, such as the
Maritime Security Risk Assessment Tool used by the Coast Guard.
SEC. 112. PORT SECURITY GRANTS.

(a) BASIS FOR GRAN1's.-Section 70107(a) of title 46, United
States Code, is amended by strikin~ "for making a fair and equitable
allocation of funds" and inserting 'for the allocation of funds based
on risk".
(b) ELIGIBLE USES.-Section 70107(b) of title 46, United States
Code, is amended­
(1) in paragraph (2), by inserting after "crewmembers."
the following: "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 con­
sistent 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
"(A) $1,000,000 per project; or
U(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the grant."; and
(2) by adding at the end the following:
"(5) The cost of conducting exercises or training for preven­
tion and detection of, preparedness for, response to, r 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.".
(c) MULTIPLE-YEAR PROJECTS, ETc.-Section 70107 of title 46,
United States Code, is amended­
(l) by redesignating subsections (e), (D, (g), (h), and (i)
as subsections (i), (j), (k), (I), and (m), respectively, and by
inserting after subsection (d) the following;
"(e) MULTIPLE-YEAR PROJECTS.­
"(1) LETTERS OF INTENT.-The Secretary may execute let­
ters of intent to commit funding to such authorities, operators,
and agencies.
"(2) LIMITATION.-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.

PUBLIC LAW 109-347-0CT. 13,2006

120 STAT. 1895

"({) CONSISTENCY WITH PLANs.-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) APPLICATIONS.-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) REPORTS.-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."; and
(2) in subsection (D( 1), as redesignated, by striking "pro­

gram" and inserting "Secretary".

(d) AUTHORIZATION OF APPROPRIATIONS.---Section 70107(l) of
title 46, United States Code, as redesignated, is amended to read
as follows:
"(I) AUTHORIZATION OF APPROPRIATIONS.-There are authorized
to be appropriated $400,000,000 for each of the fiscal years 2007
through 2011 to carry out this section.".
(e) BASIS FOR GRANTs.---Section 70107(a) of title 46, United
States Code, is amended by striking "national economic and stra­
tegic defense concerns" and inserting "national economic, energy,
and strategic defense concerns based upon the most current risk
assessments available".
SEC. 113. PORT SECURITY TRAINING PROGRAM.

(a) IN GENERAL.-The Secretary, acting through the Under
Secretary for Preparedness and in coordination with the Com­
mandant of the Coast Guard, shall establish a Port Security
Training Program (referred to in this section as the "Training
Program") for the purpose of enhancing the capabilities of each
facility required to submit a plan under section 70103(c) of title
46, United States Code, to prevent, prepare for, respond to, mitigate
against, and recover from threatened or actual acts of terrorism,
natural disasters, and other emergencies.
(b) REQUIREMENTs.-The Training Program shall provide vali­
dated training that­
(1) reaches multiple disciplines, including Federal, State,

and local government officials, commercial seaport personnel

and management, and governmental and nongovernmental

emergency response providers;

(2) provides training at the awareness, performance, and

management and planning levels;

(3) utilizes multiple training mediums and methods;
(4) addresses port security topics, including­
(A) facility security plans and procedures, including
how security plans and procedures are adjusted when
threat levels increase;
(B) facility security force operations and management;
(C) physical security and access control at facilities;
(D) methods of security for preventing and countering
cargo theft;

6 USC 911.