Background

The Biden administration is taking a number of steps to strengthen U.S. port security, maritime cybersecurity, and supply chain resilience, particularly in response to threats from China. This effort also aims to “bring domestic onshore manufacturing capacity back to America to provide safe, secure, cranes to U.S. ports.”

A statement from the Department of Homeland Security explains that owners and operators in the U.S. marine transportation system increasingly rely on an ecosystem of automated and cyber-dependent systems to enable critical operating functions, including cargo movements, ship navigation, engineering, safety, and security monitoring. While these systems “have revolutionized the maritime shipping industry by centralizing operational control and improving efficiency,” DHS states, “they also introduce vulnerabilities that, if exploited, could have significant cascading impacts to the MTS, the economy, and the American people.” Administration officials noted that actions of this type have already occurred in the U.S. and elsewhere.

In response, the administration has announced the following actions.

- A Feb. 21 executive order authorizes the Coast Guard to (1) require ports and vessels to mitigate cyber conditions that may endanger the safety of a vessel, facility, or harbor and to report cyber incidents and threats, (2) control the movement of vessels that present a known or suspected cyber threat to U.S. maritime infrastructure, and (3) inspect or search vessels and facilities that pose a threat to U.S. cybersecurity.

- A new Coast Guard directive requires U.S. owners and operators of ship-to-shore cranes manufactured by China (which account for nearly 80 percent of cranes at U.S. ports) to take immediate steps to close vulnerabilities with respect to these cranes and their associated information technology and operational technology systems. (A related Department of Transportation advisory offers guidance on specific cybersecurity best practices related to these cranes.)

- The Coast Guard has issued a proposed rule that would establish minimum cybersecurity requirements for U.S.-flagged vessels (but not foreign-flagged vessels) and certain other maritime facilities (comments due by April 22).

- The White House plans to invest more than $20 billion in U.S. port infrastructure over the next five years, which among other things will help rebuild U.S. capacity to produce port cranes with trusted partners. However, an administration official said there are no current plans to “rip and replace” any of the 200+ China-origin cranes already operating at U.S. ports.

- The DHS Supply Chain Resilience Center plans to partner with the Department of Commerce to strengthen the semiconductor supply chain and develop supply chain early warning systems with other U.S. agencies and key allies.

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