S. 939 — Introduced in Senate

II 118th CONGRESS 1st Session S. 939 IN THE SENATE OF THE UNITED STATES March 22, 2023Mr. 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. 1. Short title This Act may be cited as the Securing Maritime Data from Communist China Act of 2023. 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)). 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. 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.