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In addition to FEMA and USCG’s two overarching priorities of risk-based funding and robust regional collaboration,, the Department has identified the following five points as its priority selection criteria for ports in the FY 2009 ARRA PSGP:

1. Enhancing Maritime Domain Awareness (MDA)
MDA is the critical enabler that allows leaders at all levels to make effective decisions and act early against threats to the security of the Nation’s seaports. In support of the National Strategy for Maritime Security, port areas should seek to enhance their MDA through projects that address knowledge capabilities within the maritime domain. This could include access control/standardized credentialing, command and control, communications, and enhanced intelligence sharing and analysis.

2. Enhancing Improvised Explosive Device (IED) and Weapons of Mass Destruction (WMD) prevention, protection, response and recovery capabilities
Port areas should seek to enhance their capabilities to prevent, detect, respond to and recover from terrorist attacks employing IEDs, WMDs and other non-conventional weapons. Of particular concern in the port environment are attacks that employ IEDs delivered via small craft (similar to the attack on the USS Cole), by underwater swimmers (such as underwater mines) or on ferries (both passenger and vehicle).

3. Efforts supporting implementation of the Transportation Worker Identification Credential (TWIC), including the completion of TWIC pilot projects
The TWIC is a congressionally mandated security program through which DHS will conduct appropriate background investigations and issue biometrically enabled and secure identification cards for individuals requiring unescorted access to U.S. port facilities. Regulations outlining the initial phase of this program (card issuance) were issued by TSA in cooperation with the Coast Guard in 72 Federal Register 3492 (January 25, 2007).

4. Construction or infrastructure improvement projects that are indentified in the Port Wide Risk Management Plan (PWRMP) and/or Facility Security Plans (FSPs)

5. Projects that can be implemented quickly and create jobs
Due to the current state of the economy, Congress intends stimulus funding to be spent quickly with a principal objective of job creation. Additionally, in meeting its mission responsibilities, DHS will make one of the determining factors the ability of a port to execute projects within a shortened timeframe, in order to put more of these grant funds into the economy mitigation.

For Ferry Systems, the following priorities will apply:

1. Development and enhancement of capabilities to prevent, detect, respond to and recover from terrorist attacks employing improvised explosive devices (IEDs) and vehicle borne improvised explosive devices (VBIEDs)

2. Mitigation of other high consequence risks identified through individual ferry system risk assessments

3. Innovative utilization of mobile technology for prevention and detection of explosives or other threats and hazards

4. Development and enhancement of physical and perimeter security capabilities to deny access around maintenance facilities, dry docks, and piers

5. Development of emergency preparedness and response capabilities in the event of a ferry being used as a weapon to inflict damage on critical infrastructure.

As the Port Security Grant Program is an existing GPD grant program, FEMA will follow the monitoring protocols as currently prescribed for the program. This includes site visits to the Port areas to ensure compliance with programmatic goals. Each grantee is assigned a FEMA Program Analyst to work as the direct liaison and assist with any issues that might arise.

The application process provides for detailed budget reviews to ensure that projects and equipment are allowable, as well as the Environmental and Historic Preservation (EHP) review, if applicable.

Grantees submit quarterly financial status reports (SF269s), as well as the quarterly progress reports provided in the FEMA legacy system called PortWeb. This system captures progress against the projects that are funded.

Grant recipients of the FY 2009 ARRA PSGP must follow the standards identified in the Buy American Act, 41 U.S.C. §10a-10d. The Buy American Act requires that all supplies and construction materials purchased be produced in the United States, unless such materials are not reasonably available, or such a purchase would not be in the public interest. Grant recipients must follow the Federal Acquisition Regulations implementing the Buy American Act, 48 CFR Part 25.

Furthermore, FY 2009 ARRA PSGP recipients using funds for construction projects must comply with the Davis-Bacon Act. Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers employed directly at the work-site no less than the prevailing wages and fringe benefits paid on projects of a similar character.

FEMA will continue to collect both programmatic and financial information via the standard financial status report and the quarterly progress report located in FEMA’s PortWeb system. Grantees will submit this data.

FEMA Grant Programs Directorate will be directly responsible for the timely application and obligation of these funds.

Our specific plans to meet the following objectives are as follows:

• Funds Obligated Timely: FEMA plans to obligate 100% of the grant funds to recipients by the end of the first quarter of FY 10;
• Funds Expended Timely: FEMA will work with all port recipients to ensure a 100% expenditure rate within the 36-month performance period of the grant;
• Competitive Opportunities Maximized: FEMA will compete 100% of the PSGP grant dollars;
• Undelivered Orders Minimized: N/A

Each eligible application received under the Port Security Grant Program will be reviewed for compliance with the National Environmental Policy Act and the National Historic Preservation Act, among other requirements prior to the application approval and release of grant funds. Grant Program guidance to be released for the FY 2009 ARRA PSGP will notify potential applicants that FEMA will need detailed project information with regard to these requirements, particularly for construction projects. Where potential grantees may need to incur costs to provide detailed information regarding these requirements, planning funds may be released to fund the information gathering.

Consultation may be required with other Federal and State agencies such as the U.S. Fish and Wildlife Service, State Historic Preservation Offices, and the U.S. Army Corps of Engineers, as well as other agencies and organizations responsible for protecting natural and cultural resources. For projects with the potential to have significant adverse effects on the environment and/or historic properties, the compliance process may result in an agreement between the involved parties outlining how the grantee will avoid, minimize, or, if necessary, mitigate the effects. Failure of a grant recipient to meet these requirements may jeopardize Federal funding.

Costs incurred to ensure EHP compliance for approved projects may be eligible for funding under ARRA PSGP. Grantees wishing to utilize ARRA PSGP funds for an EIS, and EA, and other associated planning should indicate the amount within the submitted budget and Investment Justification (IJ). Planning funds may be released prior to project implementation to ensure EHP compliance.

ARRA also added additional reporting requirements for environmental compliance and sustainability. The two excel spreadsheets will be added to the applicable grant guidance, and grantees will be required to complete the information before funds can be expended.