I 118th CONGRESS 1st Session H. R. 3169 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.

1. Short title This Act may be cited as the Port Crane Security and Inspection Act of 2023 . 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. 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.