To amend title 46, United States Code, to modify requirements applicable to the National Maritime Transportation Security Plan with respect to ensuring that the flow of cargo through United States ports is reestablished after a transportation security incident, to require the Secretary of the department in which the Coast Guard is operating to develop and implement a secure long-range automated vessel tracking system, to aid maritime security, efficiency, and safety, and for other purposes.

Summary: Guarding American Trade Enterprises Act or GATE Act - Amends Federal maritime law to direct the Secretary of Transportation to include within the National Maritime Transportation Security Plan a plan for ensuring that the flow of cargo through U.S. ports is reestablished as efficiently and quickly as possible after a transportation security incident or instance of attempted transport of any implement of terrorism through the port.

Requires (currently authorizes) the Secretary to develop and implement a long-range automated vessel tracking system for all vessels in U.S. waters equipped with the Global Maritime Distress and Safety System or equivalent satellite technology. Directs the Secretary to report to specified congressional committees a plan to develop and implement such system no later than December 31, 2004. Authorizes the Secretary to use the nonprofit Maritime Information Services of North America Automated Secure Vessel Tracking System as a pilot program for purposes of long-range vessel tracking.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guarding American Trade Enterprises 
Act'' or the ``GATE Act''.

SEC. 2. ENSURING THAT THE FLOW OF CARGO THROUGH UNITED STATES PORTS IS 
              REESTABLISHED AFTER A TRANSPORTATION SECURITY INCIDENT.

    Section 70103(a)(2)(J) of title 46, United States Code, is amended 
to read as follows:
            ``(J) A plan for ensuring that the flow of cargo through 
        United States ports is reestablished as efficiently and quickly 
        as possible after a transportation security incident or 
        instance of attempted transport of any implement of terrorism 
        through the port, that includes the following:
                    ``(i) In the event of a transportation security 
                incident or instance of attempted transport of any 
                implement of terrorism through the port, the Secretary 
                shall execute the plan under this subparagraph, with 
                such modifications as are appropriate under the 
                circumstances that exist.
                    ``(ii) A comprehensive rerouting plan for vessels 
                and maritime cargo developed by the Secretary of 
                Homeland Security in consultation with representatives 
                from the maritime, rail, and trucking industries.
                    ``(iii) Provisions under which--
                            ``(I) in the event of a transportation 
                        security incident or instance of attempted 
                        transport of any implement of terrorism through 
                        a port, the Captain of the Port may not close a 
                        port not directly involved unless the Captain 
                        of the Port determines that such closure is 
                        necessary to secure vessels or facilities from 
                        damage or injury to any harbor or waters of the 
                        United States; and
                            ``(II) in making such determination, the 
                        Captain of the Port shall take into account the 
                        nature and extent of the threat to the safety 
                        or security of the port and the effect of such 
                        closure on maritime commerce.''.

SEC. 3. REQUIREMENT TO DEVELOP AND IMPLEMENT A LONG-RANGE AUTOMATED 
              VESSEL TRACKING SYSTEM.

    (a) Finding.--The Congress finds that execution of a cargo 
rerouting plan under the amendment made by section 2 will be greatly 
aided by the long-range automated vessel tracking system described in 
section 70115 of title 46, United States Code, and the automatic 
identification system described in section 70114 of title 46, United 
States Code.
    (b) Requirement.--Section 70115 of title 46, United States Code, is 
amended--
            (1) by striking ``The Secretary may develop'' and inserting 
        ``(a) The Secretary shall develop''; and
            (2) by adding at the end the following:
    ``(b) The Secretary shall report to the Committee on Transportation 
and Infrastructure and the Select Committee on Homeland Security of the 
House of Representatives, and the Committee on Commerce, Science, and 
Transportation of the Senate, a plan to develop and implement a system 
capable of tracking vessels equipped with the Global Maritime Distress 
and Safety System or equivalent satellite technology no later than 
December 31, 2004. The plan should include a timeline for development 
and deployment, the costs associated with research and development, 
deployment, and operation and maintenance, the creation of a data 
monitoring system and center, use of information required under section 
70113, and the agency responsible for the development, implementation, 
operation, and maintenance of such a system.
    ``(c) The Secretary may use the nonprofit Maritime Information 
Services of North America Automated Secure Vessel Tracking System as a 
pilot program for purposes of long-range vessel tracking.
    ``(d) The Secretary shall require that each Marine Exchange that 
manages or processes information with amounts made available under this 
section shall make available regional vessel information to the 
Federal, State, and local authorities or entities with maritime 
transportation and security roles.
    ``(e)(1) There are authorized to be appropriated to the Secretary 
to establish and operate a secure long-range automated vessel tracking 
system under this section the following amounts:
            ``(A) $12,000,000 for the first fiscal year for which 
        amounts are appropriated under this section.
            ``(B) $10,000,000 for each fiscal year thereafter, 
        including the following amounts:
                    ``(i) $2,000,000 for each fiscal year for building 
                the server farms, computers, hardware, and personnel 
                needs adequate for a full-scale secure long-range 
                automated vessel tracking system capable of tracking 
                8,000 vessels around the world, with information 
                managed and processed by 12 Marine Exchanges located 
                around the United States at the ports of New York/New 
                Jersey, Philadelphia, Baltimore, Hampton Roads, 
                Florida, New Orleans, Houston, Los Angeles/Long Beach, 
                San Francisco, Portland, Oregon, Seattle, and Alaska, 
                of which $150,000 each fiscal year shall be available 
                for each Ma- rine Exchange.
                    ``(ii) $1,000,000 for each fiscal year for 24-hour-
                a-day, 7-days-a-week operation of a central 
                coordinating secure automated vessel tracking system 
                command center, including T1 lines, staff, servers, 
                phones, and a building.
                    ``(iii) $3,500,000 for each fiscal year for 
                satellite transmission fees to track 8,000 vessel 
                positions every 3 hours, or at such more frequent rate 
                as may be needed.
                    ``(iv) $3,000,000 for each fiscal year for software 
                and display fees to the Secure Asset Reporting Service, 
                including for software, servers, modifications, and 
                control of access to the system.
                    ``(v) $500,000 for each fiscal year for software 
                modifications, recapitalization of computers, servers, 
                and other matters.
    ``(2) Amounts appropriated under this subsection shall be managed 
by the Chief Information Officer of the Department of Homeland Security 
at such time as the Coast Guard is operating in the Department of 
Homeland Security.''.