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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing Maritime 

5 Data from Communist China Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES DEFINED.—The term ‘‘appropriate congres10 sional committees’’ means— 


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1 (A) the Committee on Armed Services, the 

2 Committee on Foreign Relations, the Com3 mittee on Homeland Security and Govern4 mental Affairs, and the Committee on Finance 

5 of the Senate; and 

6 (B) the Committee on Armed Services, the 

7 Committee on Foreign Affairs, the Committee 

8 on Homeland Security, and the Committee on 

9 Ways and Means of the House of Representa10 tives. 

11 (2) LOGINK.—The term ‘‘LOGINK’’ means 

12 the public, open, shared logistics information net13 work known as the National Public Information 

14 Platform for Transportation and Logistics by the 

15 Ministry of Transport of the People’s Republic of 

16 China. 

17 (3) CRITICAL INFRASTRUCTURE.—The term 

18 ‘‘critical infrastructure’’ has the meaning given the 

19 term in section 721(a) of the Defense Production 

20 Act of 1950 (50 U.S.C. 4565(a)). 

21 SEC. 3. COUNTERING THE SPREAD OF LOGINK. 

22 (a) PROHIBITIONS.— 

23 (1) CONTRACTING PROHIBITION.— 


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1 (A) IN GENERAL.—The Department of De2 fense may not enter into or renew any contract 

3 with any entity that uses— 

4 (i) LOGINK; 

5 (ii) any logistics platform controlled 

6 by, affiliated with, or subject to the juris7 diction of the Chinese Communist Party or 

8 the Government of the People’s Republic of 

9 China; or 

10 (iii) any logistics platform that shares 

11 data with a system described in clause (i) 

12 or (ii). 

13 (B) APPLICABILITY.—Subparagraph (A) 

14 applies with respect to any contract entered 

15 into or renewed on or after the date that is 2 

16 years after the date of the enactment of this 

17 Act. 

18 (2) PORTS AND CRITICAL INFRASTRUCTURE

19 BAN.— 

20 (A) IN GENERAL.—Beginning on the date 

21 that is 2 years after the date of the enactment 

22 of this Act, the President shall— 

23 (i) prohibit any entity which owns or 

24 operates a port in the United States from 

25 using or sharing data with a system deVerDate Sep 11 2014 00:20 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S939.IS S939

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1 scribed in clauses (i) and (ii) of paragraph 

2 (1)(A); and 

3 (ii) prohibit any entity which owns or 

4 operates other critical infrastructure in the 

5 United States, as the President considers 

6 appropriate, from using or sharing data 

7 with a system described in such clauses. 

8 (B) IMPLEMENTATION; PENALTIES.— 

9 (i) IMPLEMENTATION.—The President 

10 may exercise the authorities provided to 

11 the President under sections 203 and 205 

12 of the International Emergency Economic 

13 Powers Act (50 U.S.C. 1702 and 1704) to 

14 the extent necessary to carry out this para15 graph. 

16 (ii) PENALTIES.—A person that vio17 lates, attempts to violate, conspires to vio18 late, or causes a violation of a prohibition 

19 described in subparagraph (A) or any reg20 ulation, license, or order issued to carry 

21 out that subparagraph shall be subject to 

22 the penalties set forth in subsections (b) 

23 and (c) of section 206 of the International 

24 Emergency Economic Powers Act (50 

25 U.S.C. 1705) to the same extent as a perVerDate Sep 11 2014 00:20 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S939.IS S939

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1 son that commits an unlawful act de2 scribed in subsection (a) of that section. 

3 (b) NEGOTIATIONS WITH ALLIES AND PARTNERS.— 

4 (1) NEGOTIATIONS REQUIRED.—The President 

5 shall enter into negotiations with United States al6 lies and partners, including those described in para7 graph (3), if the President determines that ports or 

8 other entities operating within the jurisdiction of 

9 such allies and partners are using an entity de10 scribed in subsection (a)(1)(A). 

11 (2) ELEMENTS.—As part of the negotiations 

12 described in paragraph (1), the President shall— 

13 (A) urge governments to require entities 

14 within their countries to terminate their use of 

15 LOGINK and other platforms described in sub16 section (a)(1)(A); 

17 (B) describe the threats posed by 

18 LOGINK and other platforms described in sub19 section (a)(1)(A) to United States military and 

20 strategic interests and the implications this 

21 threat may have for the presence of United 

22 States military forces in such countries; 

23 (C) urge governments to cooperate with 

24 the United States to counter attempts by the 

25 People’s Republic of China at international 


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1 standards-setting bodies to spread LOGINK 

2 and other platforms described in subsection 

3 (a)(1)(A); and 

4 (D) attempt to establish through multilat5 eral entities, bilateral or multilateral trade ne6 gotiations, military cooperation, and other rel7 evant engagements or agreements a prohibition 

8 on the use of LOGINK and other platforms de9 scribed in subsection (a)(1)(A). 

10 (3) ALLIES AND PARTNERS.—The countries 

11 and entities with which the President shall conduct 

12 the negotiations described in this subsection include, 

13 but are not limited to— 

14 (A) Japan; 

15 (B) The Republic of Korea; 

16 (C) The Philippines; 

17 (D) Australia; 

18 (E) North Atlantic Treaty Organization 

19 members; and 

20 (F) European Union members. 

21 SEC. 4. REPORT. 

22 Not later than one year after the date of the enact23 ment of this Act, the President shall submit a report to 

24 the appropriate congressional committees describing— 


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1 (1) the efforts made by the United States Gov2 ernment thus far in the negotiations described in 

3 section 3(b), including whether the United States 

4 Government has raised such negotiations in multilat5 eral trade and technology discussions and negotia6 tions; 

7 (2) the actions taken by the governments of al8 lies and partners pursuant to the negotiation prior9 ities described in section 3(b); 

10 (3) the possible effects that the contracting pro11 hibition under section 3(a)(1) and the port and 

12 other critical infrastructure prohibition under section 

13 3(a)(2) may have on United States military oper14 ations; and 

15 (4) the possible effects that the port and other 

16 critical infrastructure prohibition under section 

17 3(a)(2) may have on the commercial operations of 

18 United States ports and other critical infrastructure. 

Æ 


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