46 U.S.C. § 50309 — Securing logistics information data of the United States

1. (a)In General
   1. (1)ProhibitionA covered entity shall not use a covered logistics platform.
   2. (2)EligibilityA covered entity that is found to use a covered logistics platform shall not be eligible to receive any Federal grant funding as long as the covered entity uses a covered logistics platform.
2. (b)GuidanceThe Secretary of Transportation shall—
   1. (1)notify covered entities of the prohibition in subsection (a) as soon as practicable, including notice of funding opportunities for grant programs; and
   2. (2)publish on a website of the Department of Transportation, and update regularly, a list of covered logistics platforms subject to the prohibition in subsection (a).
3. (c)ConsultationIn carrying out this section, the Secretary shall consult with—
   1. (1)the Secretary of Defense;
   2. (2)the Secretary of the Department in which the Coast Guard is operating;
   3. (3)the Secretary of State; and
   4. (4)the Secretary of Commerce.
4. (d)WaiverThe Secretary of Transportation, in consultation with the Secretary of Defense, may waive the provisions of this section for a specific contract if the Secretary of Transportation—
   1. (1)makes a determination that such waiver is vital to the national security of the United States; and
   2. (2)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.
5. (e)DefinitionsIn this section:
   1. (1)Covered logistics platformThe term “covered logistics platform” means a data exchange platform that utilizes or provides, in part or whole—
      1. (A)the national transportation logistics public information platform (commonly referred to as “LOGINK”) provided by the People’s Republic of China, or departments, ministries, centers, agencies, or instrumentalities of the Government of the People’s Republic of China;
      2. (B)any national transportation logistics information platform provided by or sponsored by the People’s Republic of China, or a controlled commercial entity; or
      3. (C)a similar system provided by Chinese state-affiliated entities.
   2. (2)Covered entityThe term “covered entity” means—
      1. (A)a port authority that receives funding after the date of the enactment of this section under—
         1. (i)the port infrastructure development program under section 54301;
         2. (ii)the maritime transportation system emergency relief program under section 50308; or
         3. (iii)any Federal grant funding program;
      2. (B)any marine terminal operator located on property owned by a port authority as described in subparagraph (A) or at a seaport described in subparagraph (D);
      3. (C)any agency or instrumentality of the United States Government or that of a State; or
      4. (D)a commercial strategic seaport within the National Port Readiness Network.