Overview
Title
To require the inspection of certain foreign cranes before use at a United States port, and for other purposes.
ELI5 AI
H.R. 1165, called the "Port Crane Security and Inspection Act of 2025," is a plan to check big cranes from other countries for safety before they're used in U.S. ports to make sure they're safe and not working with people who don't like the United States.
Summary AI
H.R. 1165, also known as the "Port Crane Security and Inspection Act of 2025," aims to enhance security at U.S. ports by inspecting newly constructed foreign cranes for potential security risks before they are used. The Secretary of Homeland Security, through the Cybersecurity and Infrastructure Security Agency, is tasked with this inspection and must assess current security threats from foreign cranes already in use. The bill also prohibits cranes connected to certain foreign countries, deemed adversaries, from operating at U.S. ports if acquired after the bill's enactment and bans foreign software on these cranes within five years of the bill's enactment. Additionally, there is a requirement for a report to Congress on the security risks posed by foreign cranes.
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AnalysisAI
The proposed legislation, known as the "Port Crane Security and Inspection Act of 2025," aims to bolster security measures at U.S. ports by focusing on the inspection and regulation of foreign cranes. This bill responds to potential national security risks posed by cranes manufactured or influenced by certain foreign adversaries. It mandates new inspections, sets criteria for evaluating security risks, and limits the use of foreign software in these cranes.
General Summary of the Bill
The legislation targets foreign cranes used at United States ports, particularly those identified as high risk for port or maritime security. New foreign cranes, especially those that connect to the internet, require inspection by the Secretary of Homeland Security before they can be used. Additionally, the bill demands a security risk assessment of existing cranes and corrective measures if any are found to pose a threat. It also includes a prohibition against operating foreign cranes contracted after the bill's enactment and allows a five-year window to phase out foreign software from existing cranes.
Summary of Significant Issues
One of the main concerns with the bill is its lack of a clear funding mechanism. The legislation does not specify how inspections and necessary security enhancements will be financed, which could lead to financial strain at ports subject to these mandates. The definitions of what constitutes a "foreign crane" are broad, potentially causing legal and enforcement challenges as ports determine compliance. Another significant issue is the reliance on intelligence assessments to define which countries are considered foreign adversaries. This reliance could lead to inconsistencies and require frequent updates to remain effective.
Furthermore, the bill does not detail penalties or enforcement mechanisms for non-compliance, which might reduce its ability to fulfill its purpose. Ports also face the possibility of operational disruptions due to the five-year deadline for removing foreign software, which might not provide sufficient time for compliance.
Impact on the Public
For the general public, the bill aims to increase national security by reducing the risk of foreign interference through technological means at U.S. ports. This could help safeguard job security for those working in industries related to maritime transport and infrastructure. However, the absence of specified funding might eventually impact consumers through increased costs for imported goods, as ports might need to pass on the costs of compliance and technological upgrades.
Impact on Specific Stakeholders
Ports and Shipping Operators: The bill would significantly impact ports and shipping operators, requiring them to adapt quickly to new security requirements. Financial strain could result from the need to replace or retrofit existing cranes and technology to meet new standards.
Manufacturers and Suppliers: For manufacturers, particularly those who produce cranes or crane components, adhering to these new regulations could limit market opportunities if they are connected with entities considered foreign adversaries. They may face increased scrutiny and restrictions, impacting their operations and profitability.
Government and Security Agencies: For governmental and security agencies, this bill would create new responsibilities and oversight roles, particularly within the Department of Homeland Security, which would be tasked with implementing inspections and ensuring nationwide compliance.
In conclusion, while the "Port Crane Security and Inspection Act of 2025" takes a proactive stance on national security, there are substantial logistical and financial implications for its implementation that need to be addressed to ensure smooth and equitable compliance across U.S. maritime operations.
Issues
The bill lacks clear funding mechanisms for the inspection of foreign cranes and the necessary adaptations at ports, which could impose unfunded mandates and strain financial resources. (Section 2)
The definition of 'foreign crane' is broad and vague, applying to any equipment with parts manufactured under foreign influence, leading to possible legal and enforcement complexities in determining compliance. (Section 2 and Section 3)
The criteria to determine which U.S. ports are considered 'of high risk to port security or maritime transportation security' are not detailed, raising concerns over potential inconsistencies and ambiguity in application. (Section 2)
The bill does not specify penalties or enforcement mechanisms for non-compliance with the prohibition on operating foreign cranes and software, which could reduce the effectiveness of the legislation. (Section 3)
The reliance on intelligence assessments to define 'covered foreign countries' can lead to inconsistencies and might require frequent updates, posing challenges for long-term policy stability. (Section 3)
There is ambiguity in the coordination process between the Secretary of Homeland Security and the Director of National Intelligence in identifying countries as adversaries that are not in the Annual Threat Assessment, which could lead to disputes or delays. (Section 2 and Section 3)
The five-year grace period for removing foreign software from cranes might be insufficient for ports to comply, leading to feasibility challenges and potential disruptions in operations. (Section 3)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill establishes that the official name of the Act is the “Port Crane Security and Inspection Act of 2025.”
2. Foreign crane inspection transportation and port security and maritime security enhancement Read Opens in new tab
Summary AI
The section outlines measures for enhancing security related to foreign cranes used at high-risk U.S. ports. It mandates the inspection of newly constructed foreign cranes, assessment of security risks, and taking cranes offline if deemed a threat. It also requires the Secretary of Homeland Security to report on these risks to Congress and provides definitions for terms like "covered foreign country" and "foreign crane."
3. Foreign crane prohibition Read Opens in new tab
Summary AI
The section prohibits the use of foreign cranes in U.S. ports if their contracts were signed after the law is enacted, and bars the operation of foreign software on these cranes five years after the law's enactment. It also defines key terms, such as "covered foreign country," "foreign crane," and "foreign software," to clarify that these involve countries considered adversaries by U.S. intelligence and entities related to those countries.