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 component, and for other purposes.
ELI5 AI
The new law is like a rule that says, "If you want money to build a computer or program at a port, you have to show you can keep it safe from hackers."
Summary AI
S. 5471, titled the “Protecting Investments in Our Ports Act,” aims to amend existing U.S. law to enhance the cybersecurity of digital infrastructure and software used in port facilities. The bill proposes that applicants for grants, who plan to use these funds for digital components, must have a security plan addressing cybersecurity risks, as mandated by section 70103(c) of title 46, United States Code. If the applicant’s current security plan does not cover these risks, they must describe how they plan to address them in their grant application and ensure their security plan is updated accordingly. Additionally, the term "covered applicant" refers to those ineligible for specific grants under subsection (b) of the law.
Published
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AnalysisAI
The proposed legislation, introduced as S. 5471 in the United States Senate, seeks to update title 46 of the United States Code. The primary aim is to impose cybersecurity certification requirements on entities applying for grants that involve the use of digital infrastructure or software components, specifically within the context of port infrastructure development. Sponsored by Senator Cornyn alongside Senator Peters, this bill would necessitate that grant applicants either certify an existing cybersecurity plan or provide details on how they intend to mitigate potential cybersecurity risks.
General Summary
The bill, titled the "Protecting Investments in Our Ports Act," focuses on enhancing the cybersecurity protocols of port infrastructure projects funded through federal grants. It stipulates that any applicant proposing to utilize digital infrastructure or software must demonstrate a robust security approach to protect against cyber threats. This can be achieved by certifying an existing security plan or detailing intended cybersecurity measures in their grant application. Additionally, applicants are required to ensure their facility security plans are updated to incorporate cybersecurity provisions.
Significant Issues
Several issues emerge upon reviewing the bill. Firstly, there is concern over inconsistency in how applicants might report their cybersecurity measures. The bill allows applicants to either certify an existing plan or describe their measures, which risks variability in responses, potentially overlooking significant vulnerabilities. Secondly, there is an absence of a specified timeline or concrete procedures for updating facility security plans, which could lead to delays or inadequate updates. The criteria for identifying a "covered applicant" are not explicitly clear, potentially creating confusion over who is eligible for the provisions under this bill. Furthermore, the complexity of legal language employed could result in misunderstandings or challenges, especially for applicants without a legal background. Lastly, the bill's title is somewhat vague, providing little insight into the specific protections or investments it aims to address.
Impact on the Public
The bill's focus on cybersecurity is crucial given the increasing reliance on digital infrastructure in modern ports, which are vital to national and international trade. By mandating cybersecurity plans, the bill could enhance public confidence in the safety and reliability of port operations, ultimately securing economic interests and national security.
Impact on Stakeholders
For port authorities and businesses engaging in infrastructure projects, the legislation introduces additional compliance requirements. While this may increase administrative burdens, especially for those unfamiliar with cybersecurity protocols, it also incentivizes the implementation of state-of-the-art security measures, potentially reducing the risk of cyberattacks. For those responsible for funding and approving such grants, the detailed security evaluations could ensure more prudent allocation of resources. However, ambiguity in the term "covered applicant" may complicate eligibility assessments, potentially resulting in disputes over funding opportunities.
In summary, while the "Protecting Investments in Our Ports Act" aims to bolster cybersecurity readiness within the port sector, there remain significant issues around its implementation and potential effects. Careful consideration and possibly further clarification will be necessary to ensure its measures are both effective and equitable.
Issues
The section on 'ENSURING CYBERSECURITY' (Section 2) requires applicants to either certify the facility's security plan or describe how cybersecurity risks will be addressed, potentially leading to inconsistency and inadequate scrutiny of such measures. This could result in significant cybersecurity vulnerabilities if descriptions are not thoroughly evaluated.
There is no specified timeline or process for updating the facility security plan in response to cybersecurity risks (Section 2), which might result in delays or insufficient updates, possibly leaving new software or digital infrastructure vulnerable to cyber threats.
The definition of 'covered applicant' in Section 2 is confusing because it only specifies what it is not (i.e., 'not eligible for a grant under subsection (b)') without clear criteria on who qualifies, leaving ambiguity around eligibility, which could lead to disputes or misuse of grant applications.
The complexity of the language in Section 2 may make it difficult for grant applicants, especially those without legal expertise, to fully understand and comply with the requirements, potentially resulting in procedural errors or non-compliance.
The title of the Act, 'Protecting Investments in Our Ports Act' (Section 1), is vague and does not specify the types of protections or investments being addressed, which might lead to misunderstandings about the scope and intent of the legislation.
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 gives the official title of the law, which is the “Protecting Investments in Our Ports Act.”
2. Port infrastructure development program application process Read Opens in new tab
Summary AI
Section 54301(a)(5)(A) of title 46, United States Code, is updated to require that any applicant for a port infrastructure grant, who plans to use it for digital infrastructure or software, must demonstrate how they will address cybersecurity risks. If their facility's security plan already covers these risks, they must certify this; otherwise, they need to briefly explain their approach to managing these risks in their application and ensure their security plan is updated accordingly.