Sec. 866. Securing maritime data from China
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/bill/118/hr/2670/rh/section-866·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Department of Defense may not enter into a contract with an entity that uses covered logistics software. This paragraph shall apply with respect to any contract entered into on or after the date that is 180 days after the enactment of this subsection. The Secretary of Defense may waive the provisions of this subsection for a specific contract— if the Secretary makes a determination that such waiver is vital to the national security of the United States; and submits to Congress a report justifying the use of such waiver and the importance of such waiver to the national security of the United States.
Not later than one year after the date of the enactment of this subsection, and annually for three subsequent years, the Secretary of Defense shall submit to Congress a report on the implementation of this subsection. Chapter 503 of title 46, United States Code, is amended by adding at the end the following: A covered port authority may not use covered logistics software. The Secretary of Transportation, in consultation with the Secretary of Defense, shall publish on a website of the Department of Transportation, and update regularly, a list of entities subject to the prohibition in subsection (a).
The Secretary of Transportation shall consult with the Department of State in carrying out this section. The Secretary of Transportation, in consultation with the Secretary of State, may waive the provisions of this section for a specific contract— if the Secretary of Transportation makes a determination that such waiver is vital to the national security of the United States; and submits to Congress a report justifying the use of such waiver and the importance of such waiver to the national security of the United States.
In this section: The term covered logistics software 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 China or any affiliate or successor entity; 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 any other logistics platform or software that shares data with a system described in subparagraphs
(A)or (B). The term covered port authority means a port authority that receives funding under a program authorized under part C of this subtitle. Section 50309 of title 46, United States Code, as added by paragraph (1), shall apply with respect to any contract entered into on or after the date that is 180 days after the enactment of this subsection. Not later than one year after the date of the enactment of this subsection, and annually for three subsequent years, the Secretary of Transportation shall submit to Congress a report on the implementation of section 50309 of title 46, United States Code, as added by paragraph (1). The Secretary of State shall seek to enter into negotiations with United States ally and partner countries, including those described in paragraph (3), if the President determines that ports or other entities operating within the jurisdiction of such ally or partner countries are using or are considering using covered logistics software. As part of the negotiations described in paragraph (1), the President shall— urge governments of such ally and partner countries to require entities within the jurisdiction of such governments to terminate the use of covered logistics software; describe the threats posed by covered logistics software to United States military and strategic interests and the implications such threats may have for the presence of members of the Armed Forces of the United States in such countries; 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 attempt to establish, through multilateral entities, bilateral or multilateral negotiations, military cooperation, and other relevant engagements or agreements, a prohibition on the use of covered logistics software. The countries and entities with which the President shall conduct negotiations described in this subsection shall include— all countries party to a collective defense treaty or other collective defense arrangement with the United States; India; and Taiwan. Not later than one year after the date of the enactment of this subsection, the Secretary of State shall submit a report to the appropriate congressional committees describing— the efforts made by the United States Government as of the date of the submission of the report in the negotiations described in this subsection; and the actions taken by the governments of ally and partner countries pursuant to the negotiation priorities described in this subsection. In this section: The term appropriate congressional committees means— the Committees on Armed Services, Foreign Affairs, and Transportation and Infrastructure of the House of Representatives; and The Committees on Armed Services, Foreign Relations, and Commerce, Science, and Transportation, and Armed Services of the Senate. The term covered logistics software 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 China or any affiliate or successor entity; 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 any other logistics platform or software that shares data with a system described in subparagraphs
(A)or (B). The term foreign adversary means— the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions; the Republic of Cuba; the Islamic Republic of Iran; the Democratic People’s Republic of Korea; the Russian Federation; and the Bolivarian Republic of Venezuela under the regime of Nicolás Maduro Moros.