Cyber Sense Act of 2020
Bill: S.2199 | Sponsor: Sen. Rosen, Jacky (D-NV)
Policy area: Energy

Summary:

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cyber Sense Act of 2020''.

SEC. 2. CYBER SENSE PROGRAM.

    (a) Definitions.--In this section:
            (1) Bulk-power system.--The term ``bulk-power system'' has 
        the meaning given the term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            (2) Critical electric infrastructure.--The term ``critical 
        electric infrastructure'' has the meaning given the term in 
        section 215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a)).
            (3) Program.--The term ``program'' means the voluntary 
        Cyber Sense program established under subsection (b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Establishment.--The Secretary, in coordination with the heads 
of other relevant Federal agencies, shall establish a voluntary Cyber 
Sense program to test the cybersecurity of products and technologies 
intended for use in the bulk-power system.
    (c) Program Requirements.--In carrying out subsection (b), the 
Secretary shall--
            (1) establish a testing process under the program to test 
        the cybersecurity of products and technologies intended for use 
        in the bulk-power system, including products relating to 
        industrial control systems and operational technologies, such 
        as supervisory control and data acquisition systems;
            (2) for products and technologies tested under the program, 
        establish and maintain cybersecurity vulnerability reporting 
        processes and a related database;
            (3) provide technical assistance to electric utilities, 
        product manufacturers, and other electricity sector 
        stakeholders to develop solutions to mitigate identified 
        cybersecurity vulnerabilities in products and technologies 
        tested under the program;
            (4) biennially review products and technologies tested 
        under the program for cybersecurity vulnerabilities and provide 
        analysis with respect to how those products and technologies 
        respond to and mitigate cyber threats;
            (5) develop guidance that is informed by analysis and 
        testing results under the program for electric utilities for 
        the procurement of products and technologies;
            (6) provide reasonable notice to, and solicit comments 
        from, the public prior to establishing or revising the testing 
        process under the program;
            (7) oversee the testing of products and technologies under 
        the program; and
            (8) consider incentives to encourage the use of analysis 
        and results of testing under the program in the design of 
        products and technologies for use in the bulk-power system.
    (d) Disclosure of Information.--Any cybersecurity vulnerability 
reported pursuant to a process established under subsection (c)(2), the 
disclosure of which the Secretary reasonably foresees would cause harm 
to critical electric infrastructure, shall be considered to be critical 
electric infrastructure information for purposes of section 215A(d) of 
the Federal Power Act (16 U.S.C. 824o-1(d)).
    (e) Federal Government Liability.--Nothing in this section 
authorizes the commencement of an action against the United States with 
respect to the testing of a product or technology under the program.
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