Overview
Title
To amend title 46, United States Code, to require applicants for grants that propose to use digital infrastructure or a software component to certify the applicant has an approved security plan that addresses the cybersecurity risks of such digital infrastructure or software, and for other purposes.
ELI5 AI
The bill wants to make sure that when people ask for money to build or use computers in ports, they have a plan to keep them safe from hackers. If they don't have a plan, they need to make one.
Summary AI
H. R. 9642 proposes changes to title 46 of the United States Code to improve cybersecurity in port infrastructure projects. The bill requires that applicants for grants, who intend to use digital infrastructure or software, must certify that they have an approved cybersecurity plan or describe how they will manage any cybersecurity risks. If they lack an approved plan, they must update their security plans to address these risks during the next required update cycle.
Published
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AnalysisAI
General Summary of the Bill
The bill titled "Protecting Investments in Our Ports Act" aims to amend title 46 of the United States Code. The proposed amendment focuses on enhancing cybersecurity measures for grant applicants who seek funding for digital infrastructure or software components in port development initiatives. Specifically, it mandates these applicants to demonstrate an approved cybersecurity plan, aligning with section 70103(c), or clearly outline their strategy for addressing cybersecurity risks in the absence of such a plan. This provision ensures a proactive approach to securing digital assets within port operations.
Summary of Significant Issues
One primary issue with the bill is the lack of a precise definition for "cybersecurity risks," potentially leading to varied interpretations. Without a clear definition, applicants may face confusion regarding what constitutes an acceptable level of cybersecurity readiness.
Additionally, the bill references section 70103(c) for guidance on security plan requirements. However, if this section itself lacks detail, it could contribute to implementation challenges. Smaller organizations might find the requirement to update existing security plans burdensome due to financial and resource constraints. This requirement raises equity concerns as these entities may struggle to meet such demands compared to larger, more well-resourced organizations.
The language used in the bill is complex, which could pose comprehension challenges for applicants lacking legal expertise. Furthermore, the absence of oversight or evaluation criteria for these security plans might lead to inconsistent standards across different grant applicants, varying the cybersecurity posture among them.
Potential Impact on the Public
The bill's emphasis on cybersecurity in port infrastructure projects could ostensibly enhance national security by safeguarding critical digital systems. This approach, ideally, would secure data management and operational continuity in ports, potentially reducing the risk of cyberattacks that could disrupt trade and logistics.
However, the imposition of additional cybersecurity requirements could increase the administrative workload for organizations seeking grants, particularly impacting smaller entities. The need for a well-defined and adequately resourced cybersecurity plan might lead to increased operational costs, which could trickle down to consumers if the costs are passed along the supply chain.
Impact on Specific Stakeholders
For larger port operators and technology companies, the bill could standardize cybersecurity practices and foster a competitive environment, ensuring that infrastructure projects are well-protected against cyber threats. Companies with existing cybersecurity protocols may find the transition smoother, benefiting from reduced risks and potentially improved reputational standing as a result of compliance.
Conversely, smaller ports and organizations might face challenges in meeting the cybersecurity requirements, potentially leading to exclusion from grant opportunities or necessitating costly investments in cybersecurity enhancements. The lack of clear guidance on acceptable cybersecurity standards could exacerbate these challenges, making it difficult for these stakeholders to justify or secure the necessary resources.
Overall, while the bill's focus on cybersecurity is timely and relevant, its execution requires careful consideration and potential adjustments to ensure fair and equitable access to funding opportunities across various stakeholders. Addressing the highlighted issues could improve its efficacy and impact.
Issues
The lack of a clear definition for 'cybersecurity risks' in Section 2 could lead to varied and potentially inconsistent interpretations, impacting both the effectiveness of the legislation and the burden on applicants.
Section 2 requires applicants to have or develop a security plan pursuant to section 70103(c), yet it may lack clarity if section 70103(c) itself is not sufficiently detailed or well-defined, potentially creating confusion or inconsistencies in implementation.
The requirement in Section 2 for smaller organizations to update their facility security plan to address cybersecurity risks could impose unintended financial and resource burdens on these organizations, raising concerns about equity and fairness.
The complex language used in Section 2 regarding the update of security plans might pose comprehension challenges for applicants without legal expertise, possibly leading to implementation challenges or non-compliance.
Section 2 does not mention any oversight or evaluation criteria for the security plans, which might result in inconsistent standards and varying levels of cybersecurity readiness among different applicants.
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 short title of this Act is the "Protecting Investments in Our Ports Act".
2. Port infrastructure development program application process Read Opens in new tab
Summary AI
The amendment to Section 54301(a)(5)(A) of title 46 requires applicants for grants to develop port infrastructure, particularly those seeking to acquire digital infrastructure or software, to address cybersecurity risks. Applicants must either certify that they have an approved security plan addressing these risks or describe how they'll manage the risks if they lack such a plan, and they must update their security plan in future if it doesn't already cover these cybersecurity concerns.