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.

February 10, 2004

Ms. LORETTA SANCHEZ of California introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

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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