II 

109TH CONGRESS 

2D SESSION S. 3542 

To improve maritime and cargo security and for other purposes. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Project SeaHawk Im5 plementation Act of 2006’’. 

6 SEC. 2. ESTABLISHMENT OF ADDITIONAL INTERAGENCY 

7 OPERATIONAL CENTERS FOR PORT SECU8 RITY. 

9 (a) IN GENERAL.—Not later than 2 years after the 

10 date of enactment of this Act, the Secretary of Homeland 

11 Security, acting through the Commandant of the Coast 


jcorcoran on PROD1PC62 with BILLS
2 

•S 3542 IS

1 Guard, shall establish or designate a center as an inter2 agency operational center for maritime and port security 

3 in each geographic region designated as a Coast Guard 

4 sector by the Commandant. 

5 (b) PURPOSES.—The purposes of each center estab6 lished or designated under subsection (a) are to facilitate 

7 day-to-day operational coordination, interagency coopera8 tion, unity of command, and the sharing of intelligence 

9 information in a common mission to provide greater pro10 tection for port and intermodal transportation systems 

11 against acts of terrorism. 

12 (c) LOCATION.—Each center established or des13 ignated under subsection (a) shall be co-located with the 

14 command center for each geographic region designated as 

15 a Coast Guard sector. 

16 (d) CONNECTIVITY.—If a port is associated with a 

17 command center that is not located at such port, the Sec18 retary shall utilize appropriate electronic communications, 

19 including virtual connectivity, to maintain awareness of 

20 activities of that port and to provide for participation by 

21 the entities set out in subsection (f). 

22 (e) REQUIREMENTS.—Each center established or des23 ignated under subsection (a) shall— 

24 (1) be modeled on the Charleston Harbor Oper25 ations Center (popularly known as Project 


jcorcoran on PROD1PC62 with BILLS
3 

•S 3542 IS

1 SeaHawk) administered by the United States Attor2 ney’s Office for the District of South Carolina for 

3 the Port of Charleston located in Charleston, South 

4 Carolina; and 

5 (2) be adapted to meet the security needs, re6 quirements, and resources of the individual port area 

7 at which each is operating. 

8 (f) PARTICIPATION.—The representatives of the fol9 lowing entities shall participate in each center established 

10 or designated under subsection (a): 

11 (1) The United States Coast Guard. 

12 (2) The United States Attorney’s Office in the 

13 district in which the center is located. 

14 (3) The Bureau of Customs and Border Protec15 tion of the Department of Homeland Security. 

16 (4) The Bureau of Immigration and Customs 

17 Enforcement of the Department of Homeland Secu18 rity. 

19 (5) The Department of Defense, if the Sec20 retary of Homeland Security and the Secretary of 

21 Defense determine appropriate. 

22 (6) The Federal Bureau of Investigation. 

23 (7) Other Federal agencies with a presence at 

24 the port, as appropriate, or as otherwise determined 

25 appropriate by the Secretary. 


jcorcoran on PROD1PC62 with BILLS
4 

•S 3542 IS

1 (8) State and local law enforcement and first 

2 responder agencies responsible for the port, as ap3 propriate, or as otherwise determined appropriate by 

4 the Secretary. 

5 (9) Port authority representatives, maritime ex6 changes, private sector stakeholders, and other enti7 ties subject to an Area Maritime Security Plan pre8 pared pursuant to part 103 of title 33, Code of Fed9 eral Regulations, if determined appropriate by the 

10 Secretary. 

11 (g) RESPONSIBILITIES.—The head of each center es12 tablished or designated under subsection (a) shall— 

13 (1) assist, as appropriate, in the implementa14 tion of maritime transportation security plans devel15 oped under section 70103 of title 46, United States 

16 Code; 

17 (2) implement the transportation security inci18 dent response plans required under section 70104 of 

19 such title; 

20 (3) be incorporated into the implementation of 

21 maritime intelligence activities under section 70113 

22 of such title; 

23 (4) conduct short- and long-range vessel track24 ing under sections 70114 and 70115 of such title; 


jcorcoran on PROD1PC62 with BILLS
5 

•S 3542 IS

1 (5) be incorporated into the implementation of 

2 section 70116 of such title; 

3 (6) carry out information sharing activities con4 sistent with such activities required by section 1016 

5 of the National Security Intelligence Reform Act of 

6 2004 (6 U.S.C. 485) or the Homeland Security In7 formation Sharing Act (6 U.S.C. 481 et seq.); 

8 (7) be incorporated into the screening and high9 risk cargo inspection programs carried out by the 

10 Bureau of Customs and Border Protection; and 

11 (8) carry out such other responsibilities that the 

12 Secretary of Homeland Security determines are ap13 propriate. 

14 SEC. 3. REPORT. 

15 (a) REQUIREMENT.—Not later than 180 days after 

16 the date of enactment of this Act, the Secretary of Home17 land Security shall submit to the Committee on Appropria18 tions, the Committee on Homeland Security and Govern19 mental Affairs, and Committee on Commerce, Science, 

20 and Transportation of the Senate and the Committee on 

21 Appropriations, the Committee on Homeland Security, 

22 and the Committee on Energy and Commerce of the 

23 House of Representatives a plan for the implementation 

24 of this Act. 


jcorcoran on PROD1PC62 with BILLS
6 

•S 3542 IS

1 (b) CONTENTS.—The report submitted under sub2 section (a) shall describe, for each center that will be es3 tablished under section 2(a)— 

4 (1) the location of such center; 

5 (2) the entities who will participate in the cen6 ter; 

7 (3) the cost to establish and operate the center; 

8 and 

9 (4) the resources necessary to operate and 

10 maintain, including the cost-sharing requirements 

11 for other agencies and participants. 

12 SEC. 4. RELATIONSHIP TO OTHER REQUIREMENTS. 

13 The Commandant of the Coast Guard shall utilize in14 formation developed for the report required by section 807 

15 of the Coast Guard and Maritime Transportation Act of 

16 2004 (Public Law 108–293; 118 Stat. 1082) to carry out 

17 the requirements of this Act. The Commandant shall uti18 lize the information developed for the report required by 

19 that section in carrying out the requirements of this Act. 

20 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

22 as may be necessary for each Coast Guard sector for fiscal 

23 years 2007 through 2012 to carry out this Act. 

Æ 


jcorcoran on PROD1PC62 with BILLS