IB 

Union Calendar No. 204 

116TH CONGRESS 

1ST SESSION H. R. 360 

[Report No. 116–256] 

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 

OCTOBER 28, 2019 

Additional sponsors: Mr. NORMAN and Mr. HARDER of California 

OCTOBER 28, 2019 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 360 RH

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. 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 360 RH

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 cyber9 security of products and technologies intended for use in 

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

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

12 (b) PROGRAM REQUIREMENTS.—In carrying out sub13 section (a), the Secretary of Energy shall— 

14 (1) establish a testing process under the Cyber 

15 Sense program to test the cybersecurity of products 

16 and technologies intended for use in the bulk-power 

17 system, including products relating to industrial con18 trol systems and operational technologies, such as 

19 supervisory control and data acquisition systems; 

20 (2) for products and technologies tested under 

21 the Cyber Sense program, establish and maintain cy22 bersecurity vulnerability reporting processes and a 

23 related database; 

24 (3) provide technical assistance to electric utili25 ties, product manufacturers, and other electricity 


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•HR 360 RH

1 sector stakeholders to develop solutions to mitigate 

2 identified cybersecurity vulnerabilities in products 

3 and technologies tested under the Cyber Sense pro4 gram; 

5 (4) biennially review products and technologies 

6 tested under the Cyber Sense program for cyberse7 curity vulnerabilities and provide analysis with re8 spect to how such products and technologies respond 

9 to and mitigate cyber threats; 

10 (5) develop guidance, that is informed by anal11 ysis and testing results under the Cyber Sense pro12 gram, for electric utilities for procurement of prod13 ucts and technologies; 

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

15 solicit comments from the public, prior to estab16 lishing or revising the testing process under the 

17 Cyber Sense program; 

18 (7) oversee testing of products and technologies 

19 under the Cyber Sense program; and 

20 (8) consider incentives to encourage the use of 

21 analysis and results of testing under the Cyber 

22 Sense program in the design of products and tech23 nologies for use in the bulk-power system. 

24 (c) DISCLOSURE OF INFORMATION.—Any cybersecu25 rity vulnerability reported pursuant to a process estabVerDate Sep 11 2014 22:51 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H360.RH H360

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•HR 360 RH

1 lished under subsection (b)(2), the disclosure of which the 

2 Secretary of Energy reasonably foresees would cause harm 

3 to critical electric infrastructure (as defined in section 

4 215A of the Federal Power Act), shall be deemed to be 

5 critical electric infrastructure information for purposes of 

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

7 (d) FEDERAL GOVERNMENT LIABILITY.—Nothing in 

8 this section shall be construed to authorize the commence9 ment of an action against the United States Government 

10 with respect to the testing of a product or technology 

11 under the Cyber Sense program. 


kjohnson on DSK79L0C42 with BILLS
Union Calendar No. 204 

116TH CONGRESS 

1ST SESSION H. R. 360 

[Report No. 116–256] 

A BILL 

To require the Secretary of Energy to establish a 

purposes. for use in the bulk-power system, and for other security of products and technologies intended voluntary Cyber Sense program to test the cyberOCTOBER 28, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


kjohnson on DSK79L0C42 with BILLS