S.Amdt. 578

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.
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