I 

108TH CONGRESS 

2D SESSION H. R. 3788

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2004

Ms. LORETTA SANCHEZ of California introduced the following bill; which was 

referred to the Committee on Transportation and Infrastructure 

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Guarding American 

3 Trade Enterprises Act’’ or the ‘‘GATE Act’’. 

4 SEC. 2. ENSURING THAT THE FLOW OF CARGO THROUGH 

5 UNITED STATES PORTS IS REESTABLISHED 

6 AFTER A TRANSPORTATION SECURITY INCI7 DENT. 

8 Section 70103(a)(2)(J) of title 46, United States 

9 Code, is amended to read as follows: 

10 ‘‘(J) A plan for ensuring that the flow of cargo 

11 through United States ports is reestablished as effi12 ciently and quickly as possible after a transportation 

13 security incident or instance of attempted transport 

14 of any implement of terrorism through the port, that 

15 includes the following: 

16 ‘‘(i) In the event of a transportation secu17 rity incident or instance of attempted transport 

18 of any implement of terrorism through the port, 

19 the Secretary shall execute the plan under this 

20 subparagraph, with such modifications as are 

21 appropriate under the circumstances that exist. 

22 ‘‘(ii) A comprehensive rerouting plan for 

23 vessels and maritime cargo developed by the 

24 Secretary of Homeland Security in consultation 

25 with representatives from the maritime, rail, 

26 and trucking industries. 
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1 ‘‘(iii) Provisions under which—

2 ‘‘(I) in the event of a transportation 

3 security incident or instance of attempted 

4 transport of any implement of terrorism 

5 through a port, the Captain of the Port 

6 may not close a port not directly involved 

7 unless the Captain of the Port determines 

8 that such closure is necessary to secure 

9 vessels or facilities from damage or injury 

10 to any harbor or waters of the United 

11 States; and 

12 ‘‘(II) in making such determination, 

13 the Captain of the Port shall take into ac14 count the nature and extent of the threat 

15 to the safety or security of the port and 

16 the effect of such closure on maritime com17 merce.’’. 

18 SEC. 3. REQUIREMENT TO DEVELOP AND IMPLEMENT A 

19 LONG-RANGE AUTOMATED VESSEL TRACK20 ING SYSTEM. 

21 (a) FINDING.—The Congress finds that execution of 

22 a cargo rerouting plan under the amendment made by sec23 tion 2 will be greatly aided by the long-range automated 

24 vessel tracking system described in section 70115 of title 

25 46, United States Code, and the automatic identification 
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1 system described in section 70114 of title 46, United 

2 States Code. 

3 (b) REQUIREMENT.—Section 70115 of title 46, 

4 United States Code, is amended—

5 (1) by striking ‘‘The Secretary may develop’’ 

6 and inserting ‘‘(a) The Secretary shall develop’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(b) The Secretary shall report to the Committee on 

9 Transportation and Infrastructure and the Select Com10 mittee on Homeland Security of the House of Representa11 tives, and the Committee on Commerce, Science, and 

12 Transportation of the Senate, a plan to develop and imple13 ment a system capable of tracking vessels equipped with 

14 the Global Maritime Distress and Safety System or equiv15 alent satellite technology no later than December 31, 

16 2004. The plan should include a timeline for development 

17 and deployment, the costs associated with research and 

18 development, deployment, and operation and maintenance, 

19 the creation of a data monitoring system and center, use 

20 of information required under section 70113, and the 

21 agency responsible for the development, implementation, 

22 operation, and maintenance of such a system. 

23 ‘‘(c) The Secretary may use the nonprofit Maritime 

24 Information Services of North America Automated Secure 
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1 Vessel Tracking System as a pilot program for purposes 

2 of long-range vessel tracking. 

3 ‘‘(d) The Secretary shall require that each Marine 

4 Exchange that manages or processes information with 

5 amounts made available under this section shall make 

6 available regional vessel information to the Federal, State, 

7 and local authorities or entities with maritime transpor8 tation and security roles. 

9 ‘‘(e)(1) There are authorized to be appropriated to 

10 the Secretary to establish and operate a secure long-range 

11 automated vessel tracking system under this section the 

12 following amounts: 

13 ‘‘(A) $12,000,000 for the first fiscal year for 

14 which amounts are appropriated under this section. 

15 ‘‘(B) $10,000,000 for each fiscal year there16 after, including the following amounts: 

17 ‘‘(i) $2,000,000 for each fiscal year for 

18 building the server farms, computers, hardware, 

19 and personnel needs adequate for a full-scale 

20 secure long-range automated vessel tracking 

21 system capable of tracking 8,000 vessels around 

22 the world, with information managed and proc23 essed by 12 Marine Exchanges located around 

24 the United States at the ports of New York/

25 New Jersey, Philadelphia, Baltimore, Hampton 
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1 Roads, Florida, New Orleans, Houston, Los 

2 Angeles/Long Beach, San Francisco, Portland, 

3 Oregon, Seattle, and Alaska, of which $150,000 

4 each fiscal year shall be available for each Ma5 rine Exchange. 

6 ‘‘(ii) $1,000,000 for each fiscal year for 

7 24-hour-a-day, 7-days-a-week operation of a 

8 central coordinating secure automated vessel 

9 tracking system command center, including T1 

10 lines, staff, servers, phones, and a building. 

11 ‘‘(iii) $3,500,000 for each fiscal year for 

12 satellite transmission fees to track 8,000 vessel 

13 positions every 3 hours, or at such more fre14 quent rate as may be needed. 

15 ‘‘(iv) $3,000,000 for each fiscal year for 

16 software and display fees to the Secure Asset 

17 Reporting Service, including for software, serv18 ers, modifications, and control of access to the 

19 system. 

20 ‘‘(v) $500,000 for each fiscal year for soft21 ware modifications, recapitalization of com22 puters, servers, and other matters. 

23 ‘‘(2) Amounts appropriated under this subsection 

24 shall be managed by the Chief Information Officer of the 

25 Department of Homeland Security at such time as the 
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1 Coast Guard is operating in the Department of Homeland 

2 Security.’’.

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