IB 
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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A BILL 
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 sys-
tem, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cyber Sense Act of 
2018’’. 
SEC. 2. CYBER SENSE. 
(a) IN GENERAL.—The Secretary of Energy shall es-
tablish a voluntary Cyber Sense program to test the cyberse-
curity of products and technologies intended for use in the 
bulk-power system, as defined in section 215(a) of the Fed-
eral Power Act (16 U.S.C. 824o(a)). 
(b) PROGRAM REQUIREMENTS.—In carrying out sub-
section (a), the Secretary of Energy shall— 
(1) establish a testing process under the Cyber 
Sense program to test the cybersecurity of products 
and technologies intended for use in the bulk-power 
system, including products relating to industrial con-
trol systems and operational technologies, such as su-
pervisory control and data acquisition systems; 
(2) for products and technologies tested under the 
Cyber Sense program, establish and maintain cyber-
security vulnerability reporting processes and a re-
lated database; 
(3) provide technical assistance to electric utili-
ties, product manufacturers, and other electricity sec-
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tor stakeholders to develop solutions to mitigate iden-
tified cybersecurity vulnerabilities in products and 
technologies tested under the Cyber Sense program; 
(4) biennially review products and technologies 
tested under the Cyber Sense program for cybersecu-
rity vulnerabilities and provide analysis with respect 
to how such products and technologies respond to and 
mitigate cyber threats; 
(5) develop guidance, that is informed by anal-
ysis and testing results under the Cyber Sense pro-
gram, for electric utilities for procurement of products 
and technologies; 
(6) provide reasonable notice to the public, and 
solicit comments from the public, prior to establishing 
or revising the testing process under the Cyber Sense 
program; 
(7) oversee testing of products and technologies 
under the Cyber Sense program; and 
(8) consider incentives to encourage the use of 
analysis and results of testing under the Cyber Sense 
program in the design of products and technologies 
for use in the bulk-power system. 
(c) DISCLOSURE OF INFORMATION.—Any cybersecu-
rity vulnerability reported pursuant to a process established 
under subsection (b)(2), the disclosure of which the Sec-
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retary of Energy reasonably foresees would cause harm to 
critical electric infrastructure (as defined in section 215A 
of the Federal Power Act), shall be deemed to be critical 
electric infrastructure information for purposes of section 
215A(d) of the Federal Power Act. 
(d) FEDERAL GOVERNMENT LIABILITY.—Nothing in 
this section shall be construed to authorize the commence-
ment of an action against the United States Government 
with respect to the testing of a product or technology under 
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 tech-
nologies intended for use in the bulk-power system, and 
for other purposes.’’. 
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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 
voluntary Cyber Sense program to identify and 
promote cyber-secure products intended for use 
in the bulk-power system, and for other purposes. 
JUNE 28, 2018 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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