Port Crane Security and Inspection Act of 2023

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3169 Introduced in House (IH)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Port Crane Security and Inspection 
Act of 2023''.

SEC. 2. FOREIGN CRANE INSPECTION TRANSPORTATION AND PORT SECURITY AND 
              MARITIME SECURITY ENHANCEMENT.

    (a) In General.--With respect to newly constructed foreign cranes 
procured for use at a United States port determined by the Secretary to 
be of high risk to port security or maritime transportation security 
and that connect to the internet, the Secretary of Homeland Security 
shall, acting through the Cybersecurity and Infrastructure Security 
Agency, before such crane is placed into service at such port, inspect 
such crane for potential security risks or threats.
    (b) Security Risks or Threats Assessments.--Not later than 180 days 
after the date of enactment of this Act, the Secretary shall--
            (1) assess the threat posed by security risks or threats of 
        any existing or newly constructed foreign cranes in use at a 
        United States port; and
            (2) take any crane that poses a security risk or threat 
        offline until such crane can be certified as no longer being a 
        risk or threat.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall brief the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate regarding 
foreign crane security risks or threats posed by existing or newly 
constructed foreign cranes within United States ports.
    (d) Definitions.--In this section:
            (1) Covered foreign country.--The term ``covered foreign 
        country'' means a country that--
                    (A) the intelligence community has identified as a 
                foreign adversary in its most recent Annual Threat 
                Assessment; or
                    (B) the Secretary of Homeland Security, in 
                coordination with the Director of National 
                Intelligence, has identified as a foreign adversary 
                that is not included in such Annual Threat Assessment.
            (2) Foreign crane.--The term ``foreign crane'' means a 
        crane for which any information technology and operational 
        technology components in such crane that is connected into 
        cyber infrastructure at a port located in the United States 
        was, in whole or in part, manufactured by an entity that is 
        operating under ownership, control, or influence of a covered 
        foreign country.

SEC. 3. FOREIGN CRANE PROHIBITION.

    (a) In General.--Notwithstanding any other provision of law, a 
foreign crane--
            (1) for which a contract was entered into on or after the 
        date of enactment of this Act may not be operated at a port 
        located in the United States; and
            (2) operated at a port located in the United States may not 
        operate foreign software on any date after the date which is 5 
        years after the date of enactment of this Act.
    (b) Definitions.--In this section:
            (1) Covered foreign country.--The term ``covered foreign 
        country'' means a country that--
                    (A) the intelligence community has identified as a 
                foreign adversary in its most recent Annual Threat 
                Assessment; or
                    (B) the Secretary of Homeland Security, in 
                coordination with the Director of National 
                Intelligence, has identified as a foreign adversary 
                that is not included in such Annual Threat Assessment.
            (2) Foreign crane.--The term ``foreign crane'' means a 
        crane for which any software or other technology in such crane 
        that is connected into cyber infrastructure at a port located 
        in the United States was, in whole or in part, manufactured by 
        an entity that is owned or controlled by, is a subsidiary of, 
        or is otherwise related legally or financially to a corporation 
        based in a covered foreign country.
            (3) Foreign software.--The term ``foreign software'' means 
        software or other technology, in whole or in part, manufactured 
        by a company wholly owned by a covered foreign country.
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