I 

116TH CONGRESS 

1ST SESSION H. R. 360 

To require the Secretary of Energy to establish a voluntary Cyber Sense 

program to test the cybersecurity of products and technologies intended 

for use in the bulk-power system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2019 

Mr. LATTA (for himself and Mr. MCNERNEY) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To require the Secretary of Energy to establish a voluntary 

Cyber Sense program to test the cybersecurity of products and technologies intended for use in the bulk-power 

system, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cyber Sense Act of 

5 2019’’. 

6 SEC. 2. CYBER SENSE. 

7 (a) IN GENERAL.—The Secretary of Energy shall es8 tablish a voluntary Cyber Sense program to test the cyberVerDate Sep 11 2014 20:41 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H360.IH H360

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1 security of products and technologies intended for use in 

2 the bulk-power system, as defined in section 215(a) of the 

3 Federal Power Act (16 U.S.C. 824o(a)). 

4 (b) PROGRAM REQUIREMENTS.—In carrying out sub5 section (a), the Secretary of Energy shall— 

6 (1) establish a testing process under the Cyber 

7 Sense program to test the cybersecurity of products 

8 and technologies intended for use in the bulk-power 

9 system, including products relating to industrial con10 trol systems and operational technologies, such as 

11 supervisory control and data acquisition systems; 

12 (2) for products and technologies tested under 

13 the Cyber Sense program, establish and maintain cy14 bersecurity vulnerability reporting processes and a 

15 related database; 

16 (3) provide technical assistance to electric utili17 ties, product manufacturers, and other electricity 

18 sector stakeholders to develop solutions to mitigate 

19 identified cybersecurity vulnerabilities in products 

20 and technologies tested under the Cyber Sense pro21 gram; 

22 (4) biennially review products and technologies 

23 tested under the Cyber Sense program for cyberse24 curity vulnerabilities and provide analysis with reVerDate Sep 11 2014 20:41 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H360.IH H360

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1 spect to how such products and technologies respond 

2 to and mitigate cyber threats; 

3 (5) develop guidance, that is informed by anal4 ysis and testing results under the Cyber Sense pro5 gram, for electric utilities for procurement of prod6 ucts and technologies; 

7 (6) provide reasonable notice to the public, and 

8 solicit comments from the public, prior to estab9 lishing or revising the testing process under the 

10 Cyber Sense program; 

11 (7) oversee testing of products and technologies 

12 under the Cyber Sense program; and 

13 (8) consider incentives to encourage the use of 

14 analysis and results of testing under the Cyber 

15 Sense program in the design of products and tech16 nologies for use in the bulk-power system. 

17 (c) DISCLOSURE OF INFORMATION.—Any cybersecu18 rity vulnerability reported pursuant to a process estab19 lished under subsection (b)(2), the disclosure of which the 

20 Secretary of Energy reasonably foresees would cause harm 

21 to critical electric infrastructure (as defined in section 

22 215A of the Federal Power Act), shall be deemed to be 

23 critical electric infrastructure information for purposes of 

24 section 215A(d) of the Federal Power Act. 


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1 (d) FEDERAL GOVERNMENT LIABILITY.—Nothing in 

2 this section shall be construed to authorize the commence3 ment of an action against the United States Government 

4 with respect to the testing of a product or technology 

5 under the Cyber Sense program. 

Æ 


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