II 109th CONGRESS 2d Session S. 3542 IN THE SENATE OF THE UNITED STATES June 20, 2006 Mr. Graham introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve maritime and cargo security and for other purposes.

1.

Short title

This Act may be cited as the Project SeaHawk Implementation Act of 2006.

2.

Establishment of additional interagency operational centers for port security

(a)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, shall establish or designate a center as an interagency operational center for maritime and port security in each geographic region designated as a Coast Guard sector by the Commandant. (b)

Purposes

The purposes of each center established or designated under subsection (a) are to facilitate day-to-day operational coordination, interagency cooperation, unity of command, and the sharing of intelligence information in a common mission to provide greater protection for port and intermodal transportation systems against acts of terrorism. (c)

Location

Each center established or designated under subsection (a) shall be co-located with the command center for each geographic region designated as a Coast Guard sector. (d)

Connectivity

If a port is associated with a command center that is not located at such port, the Secretary shall utilize appropriate electronic communications, including virtual connectivity, to maintain awareness of activities of that port and to provide for participation by the entities set out in subsection (f). (e)

Requirements

Each center established or designated under subsection (a) shall— (1)be modeled on the Charleston Harbor Operations Center (popularly known as Project SeaHawk) administered by the United States Attorney's Office for the District of South Carolina for the Port of Charleston located in Charleston, South Carolina; and (2)be adapted to meet the security needs, requirements, and resources of the individual port area at which each is operating. (f)

Participation

The representatives of the following entities shall participate in each center established or designated under subsection (a): (1)The United States Coast Guard. (2)The United States Attorney’s Office in the district in which the center is located. (3)The Bureau of Customs and Border Protection of the Department of Homeland Security. (4)The Bureau of Immigration and Customs Enforcement of the Department of Homeland Security. (5)The Department of Defense, if the Secretary of Homeland Security and the Secretary of Defense determine appropriate. (6)The Federal Bureau of Investigation. (7)Other Federal agencies with a presence at the port, as appropriate, or as otherwise determined appropriate by the Secretary. (8)State and local law enforcement and first responder agencies responsible for the port, as appropriate, or as otherwise determined appropriate by the Secretary. (9)Port authority representatives, maritime exchanges, private sector stakeholders, and other entities subject to an Area Maritime Security Plan prepared pursuant to part 103 of title 33, Code of Federal Regulations, if determined appropriate by the Secretary. (g)

Responsibilities

The head of each center established or designated under subsection (a) shall— (1)assist, as appropriate, in the implementation of maritime transportation security plans developed under section 70103 of title 46, United States Code; (2)implement the transportation security incident response plans required under section 70104 of such title; (3)be incorporated into the implementation of maritime intelligence activities under section 70113 of such title; (4)conduct short- and long-range vessel tracking under sections 70114 and 70115 of such title; (5)be incorporated into the implementation of section 70116 of such title; (6)carry out information sharing activities consistent with such activities required by section 1016 of the National Security Intelligence Reform Act of 2004 (6 U.S.C. 485) or the Homeland Security Information Sharing Act (6 U.S.C. 481 et seq.); (7)be incorporated into the screening and high-risk cargo inspection programs carried out by the Bureau of Customs and Border Protection; and (8)carry out such other responsibilities that the Secretary of Homeland Security determines are appropriate.

3.

Report

(a)

Requirement

Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and Committee on Commerce, Science, and Transportation of the Senate and the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Energy and Commerce of the House of Representatives a plan for the implementation of this Act. (b)

Contents

The report submitted under subsection (a) shall describe, for each center that will be established under section 2(a)— (1)the location of such center; (2)the entities who will participate in the center; (3)the cost to establish and operate the center; and (4)the resources necessary to operate and maintain, including the cost-sharing requirements for other agencies and participants.

4.

Relationship to other requirements

The Commandant of the Coast Guard shall utilize information developed for the report required by section 807 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108–293; 118 Stat. 1082) to carry out the requirements of this Act. The Commandant shall utilize the information developed for the report required by that section in carrying out the requirements of this Act.

5.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for each Coast Guard sector for fiscal years 2007 through 2012 to carry out this Act.