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.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3788 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives 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 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.''.
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Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
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