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 reestab-
lished 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 require-
ments applicable to the National Maritime Transpor-
tation Security Plan with respect to ensuring that the 
flow of cargo through United States ports is reestab-
lished 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 mar-
itime security, efficiency, and safety, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 INCI-
DENT. 
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 effi-
ciently 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 secu-
rity 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 ac-
count the nature and extent of the threat 
to the safety or security of the port and 
the effect of such closure on maritime com-
merce.’’. 
SEC. 3. REQUIREMENT TO DEVELOP AND IMPLEMENT A 
LONG-RANGE AUTOMATED VESSEL TRACK-
ING SYSTEM. 
(a) FINDING.—The Congress finds that execution of 
a cargo rerouting plan under the amendment made by sec-
tion 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 Com-
mittee on Homeland Security of the House of Representa-
tives, and the Committee on Commerce, Science, and 
Transportation of the Senate, a plan to develop and imple-
ment a system capable of tracking vessels equipped with 
the Global Maritime Distress and Safety System or equiv-
alent 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 transpor-
tation 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 there-
after, 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 proc-
essed by 12 Marine Exchanges located around 
the United States at the ports of New York/
New Jersey, Philadelphia, Baltimore, Hampton
Coast Guard is operating in the Department of Homeland 
Security.’’.
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