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Union Calendar No. 66 

117TH CONGRESS 

1ST SESSION H. R. 2928 

[Report No. 117–92] 

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 

APRIL 30, 2021 

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

which was referred to the Committee on Energy and Commerce 

JULY 19, 2021 

Additional sponsors: Mr. BURGESS, Mr. BUCSHON, Mrs. LESKO, Mr. KELLER, 

Mr. MCKINLEY, Ms. KUSTER, Mr. MICHAEL F. DOYLE of Pennsylvania, 

Mr. SOTO, Ms. SPANBERGER, Mr. DELGADO, Mr. CROW, and Mr. DAVIDSON

JULY 19, 2021 

Reported from the Committee on Energy and Commerce; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 


kjohnson on DSK79L0C42PROD with BILLS
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•HR 2928 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 DSK79L0C42PROD with BILLS
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•HR 2928 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 2021’’. 

6 SEC. 2. CYBER SENSE. 

7 (a) IN GENERAL.—The Secretary of Energy, in co8 ordination with relevant Federal agencies, shall establish 

9 a voluntary Cyber Sense program to test the cybersecurity 

10 of products and technologies intended for use in the bulk11 power system, as defined in section 215(a) of the Federal 

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

13 (b) PROGRAM REQUIREMENTS.—In carrying out sub14 section (a), the Secretary of Energy shall— 

15 (1) establish a testing process under the Cyber 

16 Sense program to test the cybersecurity of products 

17 and technologies intended for use in the bulk-power 

18 system, including products relating to industrial con19 trol systems and operational technologies, such as 

20 supervisory control and data acquisition systems; 

21 (2) for products and technologies tested under 

22 the Cyber Sense program, establish and maintain cy23 bersecurity vulnerability reporting processes and a 

24 related database; 


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•HR 2928 RH

1 (3) provide technical assistance to electric utili2 ties, product manufacturers, and other electricity 

3 sector stakeholders to develop solutions to mitigate 

4 identified cybersecurity vulnerabilities in products 

5 and technologies tested under the Cyber Sense pro6 gram; 

7 (4) biennially review products and technologies 

8 tested under the Cyber Sense program for cyberse9 curity vulnerabilities and provide analysis with re10 spect to how such products and technologies respond 

11 to and mitigate cyber threats; 

12 (5) develop guidance, that is informed by anal13 ysis and testing results under the Cyber Sense pro14 gram, for electric utilities for procurement of prod15 ucts and technologies; 

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

17 solicit comments from the public, prior to estab18 lishing or revising the testing process under the 

19 Cyber Sense program; 

20 (7) oversee testing of products and technologies 

21 under the Cyber Sense program; and 

22 (8) consider incentives to encourage the use of 

23 analysis and results of testing under the Cyber 

24 Sense program in the design of products and tech25 nologies for use in the bulk-power system. 


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1 (c) DISCLOSURE OF INFORMATION.—Any cybersecu2 rity vulnerability reported pursuant to a process estab3 lished under subsection (b)(2), the disclosure of which the 

4 Secretary of Energy reasonably foresees would cause harm 

5 to critical electric infrastructure (as defined in section 

6 215A of the Federal Power Act), shall be deemed to be 

7 critical electric infrastructure information for purposes of 

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

9 (d) FEDERAL GOVERNMENT LIABILITY.—Nothing in 

10 this section shall be construed to authorize the commence11 ment of an action against the United States Government 

12 with respect to the testing of a product or technology 

13 under the Cyber Sense program. 


kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 66 

117TH CONGRESS 

1ST SESSION H. R. 2928 

[Report No. 117–92] 

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 cyberJULY 19, 2021 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


kjohnson on DSK79L0C42PROD with BILLS