What This Bill Does
This bill prevents the Department of Defense from doing business with companies that use LOGINK, a Chinese logistics platform. It also stops ports and other critical infrastructure in the United States from using or sharing data with LOGINK or similar Chinese-controlled systems. The President must negotiate with U.S. allies to get them to stop using these platforms too.
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Who It Affects
- The Department of Defense
- Companies that contract with the Department of Defense
- U.S. ports and port operators
- Operators of critical infrastructure (systems essential to national security and the economy)
- U.S. allies and international partners including Japan, South Korea, the Philippines, Australia, NATO members and European Union members
- The President and his negotiating teams
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Key Provisions
- The Department of Defense cannot enter into or renew contracts with companies using LOGINK, Chinese Communist Party-controlled logistics platforms, or systems that share data with these platforms, starting 2 years after the law passes (Sec. 3(a)(1))
- The President must prohibit U.S. port operators and critical infrastructure operators from using or sharing data with these Chinese systems, starting 2 years after the law passes (Sec. 3(a)(2))
- The President can use emergency economic powers under existing law to enforce these prohibitions and violators face penalties (Sec. 3(a)(2)(B))
- The President must negotiate with specific U.S. allies to convince them to stop using these platforms and work together through trade agreements and military cooperation to ban them (Sec. 3(b))
- The President must report to Congress within one year describing negotiation efforts, actions by allies, and potential effects on U.S. military operations and ports (Sec. 4)
##
What Changes
Two years after this law passes, the Department of Defense stops contracting with any company using LOGINK or related Chinese-controlled logistics platforms. At the same time, U.S. ports and other critical infrastructure must stop using or sharing data with these systems. The government begins formal negotiations with Japan, South Korea, the Philippines, Australia, NATO members and EU members to get them to do the same. After one year, the President reports to Congress about how these negotiations are going and what impact these bans might have.
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Important Definitions
- **LOGINK**: A public, open, shared logistics information network known as the National Public Information Platform for Transportation & Logistics run by the Ministry of Transport of China
- **Critical infrastructure**: Systems defined as critical infrastructure under a 1950 federal law about defense production
- **Appropriate congressional committees**: Eight specific Senate and House committees responsible for reviewing this law's implementation
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Effective Date
The contracting prohibition and port/critical infrastructure ban take effect 2 years after the law passes. The President must submit a report to Congress no later than 1 year after the law passes.
I
118TH CONGRESS
1ST SESSION H. R. 1724
To counter the spread of the LOGINK logistics information platform, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 22, 2023
Mrs. STEEL (for herself, Mr. OWENS, Mr. FITZPATRICK, Mr. POSEY, Mr. TIF-
FANY, Mr. DUNCAN, Mr. MAST, Mr. STEUBE, Mr. CLINE, Mr. OGLES,
and Mr. GUEST) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Armed Services, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
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’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
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•HR 1724 IH
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
1
TEES
DEFINED.—The term ‘‘appropriate congres-
2
sional committees’’ means—
3
(A) the Committee on Armed Services, the
4
Committee on Foreign Relations, the Com-
5
mittee on Homeland Security and Govern-
6
mental Affairs, and the Committee on Finance
7
of the Senate; and
8
(B) the Committee on Armed Services, the
9
Committee on Foreign Affairs, the Committee
10
on Homeland Security, and the Committee on
11
Ways and Means of the House of Representa-
12
tives.
13
(2) CRITICAL
INFRASTRUCTURE.—The term
14
‘‘critical infrastructure’’ has the meaning given the
15
term in section 721(a) of the Defense Production
16
Act of 1950 (50 U.S.C. 4565(a)).
17
(3) LOGINK.—The term ‘‘LOGINK’’ means
18
public, open, shared logistics information network
19
known as the National Public Information Platform
20
for Transportation & Logistics by the Ministry of
21
Transport of the People’s Republic of China.
22
SEC. 3. COUNTERING THE SPREAD OF LOGINK.
23
(a) PROHIBITIONS.—
24
(1) CONTRACTING PROHIBITION.—
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•HR 1724 IH
(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
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•HR 1724 IH
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-
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•HR 1724 IH
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 jurisdiction to terminate 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 ally or partner;
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
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•HR 1724 IH
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 allies and
10
partners with which the President shall conduct the
11
negotiations described in this subsection include—
12
(A) Japan;
13
(B) The Republic of Korea;
14
(C) The Philippines;
15
(D) Australia;
16
(E) North Atlantic Treaty Organization
17
members; and
18
(F) European Union members.
19
SEC. 4. REPORT.
20
Not later than one year after the date of the enact-
21
ment of this Act, the President shall submit a report to
22
the appropriate congressional committees describing—
23
(1) the efforts made by the United States Gov-
24
ernment thus far in the negotiations described in
25
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•HR 1724 IH
section 3(b), including whether the United States
1
Government has raised such negotiations in multilat-
2
eral trade and technology discussions and negotia-
3
tions;
4
(2) the actions taken by the governments of al-
5
lies and partners pursuant to the negotiation prior-
6
ities described in section 3(b);
7
(3) the possible effects that the contracting pro-
8
hibition under section 3(a)(1) and the port and
9
other critical infrastructure prohibition under section
10
3(a)(2) may have on United States military oper-
11
ations; and
12
(4) the possible effects that the port and other
13
critical infrastructure prohibition under section
14
3(a)(2) may have on the commercial operations of
15
United States ports and other critical infrastructure.
16
Æ
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