[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2700-S2701]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 578. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In title XII, strike subtitle E and insert the following:

             Subtitle E--Securing Maritime Data From China

     SEC. 1271. SHORT TITLE.

       This subtitle may be cited as the ``Securing Maritime Data 
     From China Act of 2023''.

     SEC. 1272. COUNTERING THE SPREAD OF LOGINK.

       (a) Contracting Prohibition.--
       (1) In general.--The Department of Defense shall not enter 
     into any contract with an entity that uses covered logistics 
     software.
       (2) Applicability.--This subsection applies with respect to 
     any contract entered into on or after the date that is 180 
     days after the enactment of this section.
       (b) Waiver.--The Secretary of Defense may waive the 
     provisions of this section for a specific contract--
       (1) if the Secretary makes a determination that such waiver 
     is vital to the national security of the United States; and
       (2) submits a report to Congress as to why such waiver was 
     granted and why it was vital to the national security of the 
     United States.
       (c) Reporting.--The Secretary of Defense shall issue 
     reports to Congress beginning within one year of the date of 
     the enactment of this Act and continuing for three years 
     thereafter on the implementation of this section.

     SEC. 1273. POLICY WITH RESPECT TO PORTS ACCEPTING FEDERAL 
                   GRANT MONEY.

       (a) Prohibited Use.--
       (1) In general.--Chapter 503 of title 46, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 50309. Prohibited use

       ``(a) In General.--A covered port authority shall not 
     utilize covered logistics software, as defined in section 5 
     of the Securing Maritime Data From China Act of 2023.
       ``(b) Guidance.--The Secretary of Transportation in 
     consultation with the Secretary of Defense shall publish on 
     the website of the Department of Transportation, and update 
     regularly, a list of entities subject to the prohibition in 
     subsection (a).
       ``(c) Consultation.--The Secretary of Transportation shall 
     consult with the Department of State in carrying out this 
     section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 503 of title 46, United States Code, is 
     amended by inserting after the item relating to section 50308 
     the following new item:

``50309. Prohibited use.''.
       (b) Applicability.--This subsection applies with respect to 
     any contract entered into on or after the date that is two 
     years after the date of the enactment of this section.
       (c) Waiver.--The Secretary of Transportation, in 
     consultation with the Secretary of State, may waive the 
     provisions of this section for a specific contract--
       (1) if the Secretary makes a determination that such waiver 
     is vital to the national security of the United States; and
       (2) submits a report to Congress as to why such waiver was 
     granted and why it was vital to the national security of the 
     United States.
       (d) Reporting.--The Secretary of Transportation shall issue 
     reports to Congress beginning within one year of the date of 
     the enactment of this Act and continuing for three years 
     thereafter on the implementation of this section.

     SEC. 1274. NEGOTIATIONS WITH ALLIES AND PARTNERS.

       (a) Negotiations Required.--The Secretary of State shall 
     enter into negotiations with United States allies and 
     partners, including those described in subsection (c), if the 
     President determines that ports or other entities operating 
     within the jurisdiction of such allies and partners are using 
     or are considering using covered logistics software.
       (b) Elements.--As part of the negotiations described in 
     subsection (a), the President shall--
       (1) urge governments to require entities within their 
     countries to terminate their use of covered logistics 
     software;
       (2) describe the threats posed by covered logistics 
     software to the United States military and strategic 
     interests and the implications this threat may have for the 
     presence of the United States armed forces in such countries;
       (3) urge governments to use their voice, influence, and 
     vote to align with the United States and to counter attempts 
     by foreign adversaries at international standards-setting 
     bodies to adopt standards that incorporate covered logistics 
     software; and
       (4) attempt to establish, through multilateral entities, 
     bilateral or multilateral negotiations, military cooperation, 
     and other relevant engagements or agreements, a prohibition 
     on the use of LOGINK and other covered logistics software.
       (c) Allies and Partners Described.--The countries and 
     entities with which the President shall conduct negotiations 
     described in this subsection include, but are not limited 
     to--
       (1) all countries party to a collective defense arrangement 
     with the United States;
       (2) India; and
       (3) Taiwan.
       (d) 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 this section; and
       (2) the actions taken by the governments of allies and 
     partners pursuant to the negotiation priorities described in 
     this section.

     SEC. 1275. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--

[[Page S2701]]

       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Commerce, Science, 
     and Transportation of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (2) Covered logistics software.--The term ``covered 
     logistics software'' means--
       (A) the public, open, shared logistics information network 
     known as the National Public Information Platform for 
     Transportation and Logistics by the Ministry of Transport of 
     China or any affiliate or successor entity;
       (B) any other transportation logistics software designed to 
     be used by port authorities subject to the jurisdiction, 
     ownership, direction, or control of a foreign adversary; or
       (C) any other logistics platform or software that shares 
     data with a system described in subparagraph (A) or (B).
       (3) Covered port authority.--The term ``covered port 
     authority'' means a port authority that receives funding from 
     any Federal agency.
       (4) Foreign adversary.--The term ``foreign adversary'' 
     means--
       (A) the People's Republic of China, including the Hong Kong 
     and Macau Special Administrative Regions;
       (B) the Republic of Cuba;
       (C) the Islamic Republic of Iran;
       (D) the Democratic People's Republic of Korea;
       (E) the Russian Federation; and
       (F) the Bolivarian Republic of Venezuela under the regime 
     of Nicholas Maduro Moros.
                                 ______