Port Crane Security and Inspection Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3169 To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 10, 2023 Mr. GIMENEZ (for himself and Mr. GARAMENDI) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To require the inspection of certain foreign cranes before use at a United States port, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Port Crane Security 4 and Inspection Act of 2023’’. 5 SEC. 2. FOREIGN CRANE INSPECTION TRANSPORTATION 6 AND PORT SECURITY AND MARITIME SECU- 7 RITY ENHANCEMENT. 8 (a) IN GENERAL.—With respect to newly constructed 9 foreign cranes procured for use at a United States port 10 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3169.IH H3169 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3169 IH determined by the Secretary to be of high risk to port se- 1 curity or maritime transportation security and that con- 2 nect to the internet, the Secretary of Homeland Security 3 shall, acting through the Cybersecurity and Infrastructure 4 Security Agency, before such crane is placed into service 5 at such port, inspect such crane for potential security risks 6 or threats. 7 (b) SECURITY RISKS OR THREATS ASSESSMENTS.— 8 Not later than 180 days after the date of enactment of 9 this Act, the Secretary shall— 10 (1) assess the threat posed by security risks or 11 threats of any existing or newly constructed foreign 12 cranes in use at a United States port; and 13 (2) take any crane that poses a security risk or 14 threat offline until such crane can be certified as no 15 longer being a risk or threat. 16 (c) REPORT TO CONGRESS.—Not later than 1 year 17 after the date of enactment of this Act, the Secretary shall 18 brief the Committee on Homeland Security of the House 19 of Representatives and the Committee on Homeland Secu- 20 rity and Governmental Affairs of the Senate regarding for- 21 eign crane security risks or threats posed by existing or 22 newly constructed foreign cranes within United States 23 ports. 24 (d) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3169.IH H3169 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3169 IH (1) COVERED FOREIGN COUNTRY.—The term 1 ‘‘covered foreign country’’ means a country that— 2 (A) the intelligence community has identi- 3 fied as a foreign adversary in its most recent 4 Annual Threat Assessment; or 5 (B) the Secretary of Homeland Security, 6 in coordination with the Director of National 7 Intelligence, has identified as a foreign adver- 8 sary that is not included in such Annual Threat 9 Assessment. 10 (2) FOREIGN CRANE.—The term ‘‘foreign 11 crane’’ means a crane for which any information 12 technology and operational technology components in 13 such crane that is connected into cyber infrastruc- 14 ture at a port located in the United States was, in 15 whole or in part, manufactured by an entity that is 16 operating under ownership, control, or influence of a 17 covered foreign country. 18 SEC. 3. FOREIGN CRANE PROHIBITION. 19 (a) IN GENERAL.—Notwithstanding any other provi- 20 sion of law, a foreign crane— 21 (1) for which a contract was entered into on or 22 after the date of enactment of this Act may not be 23 operated at a port located in the United States; and 24 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3169.IH H3169 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3169 IH (2) operated at a port located in the United 1 States may not operate foreign software on any date 2 after the date which is 5 years after the date of en- 3 actment of this Act. 4 (b) DEFINITIONS.—In this section: 5 (1) COVERED FOREIGN COUNTRY.—The term 6 ‘‘covered foreign country’’ means a country that— 7 (A) the intelligence community has identi- 8 fied as a foreign adversary in its most recent 9 Annual Threat Assessment; or 10 (B) the Secretary of Homeland Security, 11 in coordination with the Director of National 12 Intelligence, has identified as a foreign adver- 13 sary that is not included in such Annual Threat 14 Assessment. 15 (2) FOREIGN CRANE.—The term ‘‘foreign 16 crane’’ means a crane for which any software or 17 other technology in such crane that is connected into 18 cyber infrastructure at a port located in the United 19 States was, in whole or in part, manufactured by an 20 entity that is owned or controlled by, is a subsidiary 21 of, or is otherwise related legally or financially to a 22 corporation based in a covered foreign country. 23 (3) FOREIGN SOFTWARE.—The term ‘‘foreign 24 software’’ means software or other technology, in 25 VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3169.IH H3169 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3169 IH whole or in part, manufactured by a company wholly 1 owned by a covered foreign country. 2 Æ VerDate Sep 11 2014 02:18 May 20, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3169.IH H3169 kjohnson on DSK79L0C42PROD with BILLS