Securing Maritime Data from Communist China Act of 2023

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Securing Maritime 4 Data from Communist China Act of 2023’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) APPROPRIATE CONGRESSIONAL COMMIT- 8 TEES DEFINED.—The term ‘‘appropriate congres- 9 sional committees’’ means— 10 VerDate Sep 11 2014 00:20 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S939.IS S939 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 939 IS (A) the Committee on Armed Services, the 1 Committee on Foreign Relations, the Com- 2 mittee on Homeland Security and Govern- 3 mental Affairs, and the Committee on Finance 4 of the Senate; and 5 (B) the Committee on Armed Services, the 6 Committee on Foreign Affairs, the Committee 7 on Homeland Security, and the Committee on 8 Ways and Means of the House of Representa- 9 tives. 10 (2) LOGINK.—The term ‘‘LOGINK’’ means 11 the public, open, shared logistics information net- 12 work known as the National Public Information 13 Platform for Transportation and Logistics by the 14 Ministry of Transport of the People’s Republic of 15 China. 16 (3) CRITICAL INFRASTRUCTURE.—The term 17 ‘‘critical infrastructure’’ has the meaning given the 18 term in section 721(a) of the Defense Production 19 Act of 1950 (50 U.S.C. 4565(a)). 20 SEC. 3. COUNTERING THE SPREAD OF LOGINK. 21 (a) PROHIBITIONS.— 22 (1) CONTRACTING PROHIBITION.— 23 VerDate Sep 11 2014 00:20 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S939.IS S939 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 939 IS (A) IN GENERAL.—The Department of De- 1 fense may not enter into or renew any contract 2 with any entity that uses— 3 (i) LOGINK; 4 (ii) any logistics platform controlled 5 by, affiliated with, or subject to the juris- 6 diction of the Chinese Communist Party or 7 the Government of the People’s Republic of 8 China; or 9 (iii) any logistics platform that shares 10 data with a system described in clause (i) 11 or (ii). 12 (B) APPLICABILITY.—Subparagraph (A) 13 applies with respect to any contract entered 14 into or renewed on or after the date that is 2 15 years after the date of the enactment of this 16 Act. 17 (2) PORTS AND CRITICAL INFRASTRUCTURE 18 BAN.— 19 (A) IN GENERAL.—Beginning on the date 20 that is 2 years after the date of the enactment 21 of this Act, the President shall— 22 (i) prohibit any entity which owns or 23 operates a port in the United States from 24 using or sharing data with a system de- 25 VerDate Sep 11 2014 00:20 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S939.IS S939 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 939 IS scribed in clauses (i) and (ii) of paragraph 1 (1)(A); and 2 (ii) prohibit any entity which owns or 3 operates other critical infrastructure in the 4 United States, as the President considers 5 appropriate, from using or sharing data 6 with a system described in such clauses. 7 (B) IMPLEMENTATION; PENALTIES.— 8 (i) IMPLEMENTATION.—The President 9 may exercise the authorities provided to 10 the President under sections 203 and 205 11 of the International Emergency Economic 12 Powers Act (50 U.S.C. 1702 and 1704) to 13 the extent necessary to carry out this para- 14 graph. 15 (ii) PENALTIES.—A person that vio- 16 lates, attempts to violate, conspires to vio- 17 late, or causes a violation of a prohibition 18 described in subparagraph (A) or any reg- 19 ulation, license, or order issued to carry 20 out that subparagraph shall be subject to 21 the penalties set forth in subsections (b) 22 and (c) of section 206 of the International 23 Emergency Economic Powers Act (50 24 U.S.C. 1705) to the same extent as a per- 25 VerDate Sep 11 2014 00:20 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S939.IS S939 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 939 IS son that commits an unlawful act de- 1 scribed in subsection (a) of that section. 2 (b) NEGOTIATIONS WITH ALLIES AND PARTNERS.— 3 (1) NEGOTIATIONS REQUIRED.—The President 4 shall enter into negotiations with United States al- 5 lies and partners, including those described in para- 6 graph (3), if the President determines that ports or 7 other entities operating within the jurisdiction of 8 such allies and partners are using an entity de- 9 scribed in subsection (a)(1)(A). 10 (2) ELEMENTS.—As part of the negotiations 11 described in paragraph (1), the President shall— 12 (A) urge governments to require entities 13 within their countries to terminate their use of 14 LOGINK and other platforms described in sub- 15 section (a)(1)(A); 16 (B) describe the threats posed by 17 LOGINK and other platforms described in sub- 18 section (a)(1)(A) to United States military and 19 strategic interests and the implications this 20 threat may have for the presence of United 21 States military forces in such countries; 22 (C) urge governments to cooperate with 23 the United States to counter attempts by the 24 People’s Republic of China at international 25 VerDate Sep 11 2014 00:20 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S939.IS S939 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 939 IS standards-setting bodies to spread LOGINK 1 and other platforms described in subsection 2 (a)(1)(A); and 3 (D) attempt to establish through multilat- 4 eral entities, bilateral or multilateral trade ne- 5 gotiations, military cooperation, and other rel- 6 evant engagements or agreements a prohibition 7 on the use of LOGINK and other platforms de- 8 scribed in subsection (a)(1)(A). 9 (3) ALLIES AND PARTNERS.—The countries 10 and entities with which the President shall conduct 11 the negotiations described in this subsection include, 12 but are not limited to— 13 (A) Japan; 14 (B) The Republic of Korea; 15 (C) The Philippines; 16 (D) Australia; 17 (E) North Atlantic Treaty Organization 18 members; and 19 (F) European Union members. 20 SEC. 4. REPORT. 21 Not later than one year after the date of the enact- 22 ment of this Act, the President shall submit a report to 23 the appropriate congressional committees describing— 24 VerDate Sep 11 2014 00:20 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S939.IS S939 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 939 IS (1) the efforts made by the United States Gov- 1 ernment thus far in the negotiations described in 2 section 3(b), including whether the United States 3 Government has raised such negotiations in multilat- 4 eral trade and technology discussions and negotia- 5 tions; 6 (2) the actions taken by the governments of al- 7 lies and partners pursuant to the negotiation prior- 8 ities described in section 3(b); 9 (3) the possible effects that the contracting pro- 10 hibition under section 3(a)(1) and the port and 11 other critical infrastructure prohibition under section 12 3(a)(2) may have on United States military oper- 13 ations; and 14 (4) the possible effects that the port and other 15 critical infrastructure prohibition under section 16 3(a)(2) may have on the commercial operations of 17 United States ports and other critical infrastructure. 18 Æ VerDate Sep 11 2014 00:20 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S939.IS S939 pbinns on DSKJLVW7X2PROD with $$_JOB