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Union Calendar No. 614 

115TH CONGRESS 

2D SESSION H. R. 5239 

[Report No. 115–794] 

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

program to identify and promote cyber-secure products intended for 

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2018 

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

which was referred to the Committee on Energy and Commerce 

JUNE 28, 2018 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 9, 2018] 


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•HR 5239 RH

A BILL 

To require the Secretary of Energy to establish a voluntary 

Cyber Sense program to identify and promote cybersecure products intended for use in the bulk-power system, and for other purposes. 


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•HR 5239 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 2018’’. 

6 SEC. 2. CYBER SENSE. 

7 (a) IN GENERAL.—The Secretary of Energy shall es8 tablish a voluntary Cyber Sense program to test the cyberse9 curity of products and technologies intended for use in the 

10 bulk-power system, as defined in section 215(a) of the Fed11 eral 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 su19 pervisory control and data acquisition systems; 

20 (2) for products and technologies tested under the 

21 Cyber Sense program, establish and maintain cyber22 security vulnerability reporting processes and a re23 lated database; 

24 (3) provide technical assistance to electric utili25 ties, product manufacturers, and other electricity secVerDate Sep 11 2014 20:48 Jun 28, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H5239.RH H5239

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1 tor stakeholders to develop solutions to mitigate iden2 tified cybersecurity vulnerabilities in products and 

3 technologies tested under the Cyber Sense program; 

4 (4) biennially review products and technologies 

5 tested under the Cyber Sense program for cybersecu6 rity vulnerabilities and provide analysis with respect 

7 to how such products and technologies respond to and 

8 mitigate cyber threats; 

9 (5) develop guidance, that is informed by anal10 ysis and testing results under the Cyber Sense pro11 gram, for electric utilities for procurement of products 

12 and technologies; 

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

14 solicit comments from the public, prior to establishing 

15 or revising the testing process under the Cyber Sense 

16 program; 

17 (7) oversee testing of products and technologies 

18 under the Cyber Sense program; and 

19 (8) consider incentives to encourage the use of 

20 analysis and results of testing under the Cyber Sense 

21 program in the design of products and technologies 

22 for use in the bulk-power system. 

23 (c) DISCLOSURE OF INFORMATION.—Any cybersecu24 rity vulnerability reported pursuant to a process established 

25 under subsection (b)(2), the disclosure of which the SecVerDate Sep 11 2014 20:48 Jun 28, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H5239.RH H5239

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•HR 5239 RH

1 retary of Energy reasonably foresees would cause harm to 

2 critical electric infrastructure (as defined in section 215A 

3 of the Federal Power Act), shall be deemed to be critical 

4 electric infrastructure information for purposes of section 

5 215A(d) of the Federal Power Act. 

6 (d) FEDERAL GOVERNMENT LIABILITY.—Nothing in 

7 this section shall be construed to authorize the commence8 ment of an action against the United States Government 

9 with respect to the testing of a product or technology under 

10 the Cyber Sense program. 

Amend the title so as to read: ‘‘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.’’. 


amozie on DSK3GDR082PROD with BILLS
Union Calendar No. 614 

115TH CONGRESS 

2D SESSION H. R. 5239 

[Report No. 115–794] 

A BILL 

To require the Secretary of Energy to establish a 

in the bulk-power system, and for other purposes. promote cyber-secure products intended for use voluntary Cyber Sense program to identify and 

JUNE 28, 2018 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 20:48 Jun 28, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H5239.RH H5239

amozie on DSK3GDR082PROD with BILLS