[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 939 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 939

To counter the spread of the LOGINK logistics information platform, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2023

  Mr. Cotton introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To counter the spread of the LOGINK logistics information platform, 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 ``Securing Maritime Data from 
Communist China Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees defined.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, the Committee on Homeland 
                Security and Governmental Affairs, and the Committee on 
                Finance of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Committee on Homeland Security, 
                and the Committee on Ways and Means of the House of 
                Representatives.
            (2) LOGINK.--The term ``LOGINK'' means the public, open, 
        shared logistics information network known as the National 
        Public Information Platform for Transportation and Logistics by 
        the Ministry of Transport of the People's Republic of China.
            (3) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given the term in section 
        721(a) of the Defense Production Act of 1950 (50 U.S.C. 
        4565(a)).

SEC. 3. COUNTERING THE SPREAD OF LOGINK.

    (a) Prohibitions.--
            (1) Contracting prohibition.--
                    (A) In general.--The Department of Defense may not 
                enter into or renew any contract with any entity that 
                uses--
                            (i) LOGINK;
                            (ii) any logistics platform controlled by, 
                        affiliated with, or subject to the jurisdiction 
                        of the Chinese Communist Party or the 
                        Government of the People's Republic of China; 
                        or
                            (iii) any logistics platform that shares 
                        data with a system described in clause (i) or 
                        (ii).
                    (B) Applicability.--Subparagraph (A) applies with 
                respect to any contract entered into or renewed on or 
                after the date that is 2 years after the date of the 
                enactment of this Act.
            (2) Ports and critical infrastructure ban.--
                    (A) In general.--Beginning on the date that is 2 
                years after the date of the enactment of this Act, the 
                President shall--
                            (i) prohibit any entity which owns or 
                        operates a port in the United States from using 
                        or sharing data with a system described in 
                        clauses (i) and (ii) of paragraph (1)(A); and
                            (ii) prohibit any entity which owns or 
                        operates other critical infrastructure in the 
                        United States, as the President considers 
                        appropriate, from using or sharing data with a 
                        system described in such clauses.
                    (B) Implementation; penalties.--
                            (i) Implementation.--The President may 
                        exercise the authorities provided to the 
                        President under sections 203 and 205 of the 
                        International Emergency Economic Powers Act (50 
                        U.S.C. 1702 and 1704) to the extent necessary 
                        to carry out this paragraph.
                            (ii) Penalties.--A person that violates, 
                        attempts to violate, conspires to violate, or 
                        causes a violation of a prohibition described 
                        in subparagraph (A) or any regulation, license, 
                        or order issued to carry out that subparagraph 
                        shall be subject to the penalties set forth in 
                        subsections (b) and (c) of section 206 of the 
                        International Emergency Economic Powers Act (50 
                        U.S.C. 1705) to the same extent as a person 
                        that commits an unlawful act described in 
                        subsection (a) of that section.
    (b) Negotiations With Allies and Partners.--
            (1) Negotiations required.--The President shall enter into 
        negotiations with United States allies and partners, including 
        those described in paragraph (3), if the President determines 
        that ports or other entities operating within the jurisdiction 
        of such allies and partners are using an entity described in 
        subsection (a)(1)(A).
            (2) Elements.--As part of the negotiations described in 
        paragraph (1), the President shall--
                    (A) urge governments to require entities within 
                their countries to terminate their use of LOGINK and 
                other platforms described in subsection (a)(1)(A);
                    (B) describe the threats posed by LOGINK and other 
                platforms described in subsection (a)(1)(A) to United 
                States military and strategic interests and the 
                implications this threat may have for the presence of 
                United States military forces in such countries;
                    (C) urge governments to cooperate with the United 
                States to counter attempts by the People's Republic of 
                China at international standards-setting bodies to 
                spread LOGINK and other platforms described in 
                subsection (a)(1)(A); and
                    (D) attempt to establish through multilateral 
                entities, bilateral or multilateral trade negotiations, 
                military cooperation, and other relevant engagements or 
                agreements a prohibition on the use of LOGINK and other 
                platforms described in subsection (a)(1)(A).
            (3) Allies and partners.--The countries and entities with 
        which the President shall conduct the negotiations described in 
        this subsection include, but are not limited to--
                    (A) Japan;
                    (B) The Republic of Korea;
                    (C) The Philippines;
                    (D) Australia;
                    (E) North Atlantic Treaty Organization members; and
                    (F) European Union members.

SEC. 4. REPORT.

    Not later than one year after the date of the enactment of this 
Act, the President shall submit a report to the appropriate 
congressional committees describing--
            (1) the efforts made by the United States Government thus 
        far in the negotiations described in section 3(b), including 
        whether the United States Government has raised such 
        negotiations in multilateral trade and technology discussions 
        and negotiations;
            (2) the actions taken by the governments of allies and 
        partners pursuant to the negotiation priorities described in 
        section 3(b);
            (3) the possible effects that the contracting prohibition 
        under section 3(a)(1) and the port and other critical 
        infrastructure prohibition under section 3(a)(2) may have on 
        United States military operations; and
            (4) the possible effects that the port and other critical 
        infrastructure prohibition under section 3(a)(2) may have on 
        the commercial operations of United States ports and other 
        critical infrastructure.
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