Cyber Sense Act of 2020

IIB 116TH CONGRESS 2D SESSION H. R. 360 IN THE SENATE OF THE UNITED STATES SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To require the Secretary of Energy to establish a voluntary Cyber Sense program to test the cybersecurity of prod- ucts and technologies intended for use in the bulk-power system, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 06:09 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H360.RFS H360 kjohnson on DSK79L0C42PROD with BILLS 2 HR 360 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Cyber Sense Act of 2 2020’’. 3 SEC. 2. CYBER SENSE. 4 (a) IN GENERAL.—The Secretary of Energy, in co- 5 ordination with relevant Federal agencies, shall establish 6 a voluntary Cyber Sense program to test the cybersecurity 7 of products and technologies intended for use in the bulk- 8 power system, as defined in section 215(a) of the Federal 9 Power Act (16 U.S.C. 824o(a)). 10 (b) PROGRAM REQUIREMENTS.—In carrying out sub- 11 section (a), the Secretary of Energy shall— 12 (1) establish a testing process under the Cyber 13 Sense program to test the cybersecurity of products 14 and technologies intended for use in the bulk-power 15 system, including products relating to industrial con- 16 trol systems and operational technologies, such as 17 supervisory control and data acquisition systems; 18 (2) for products and technologies tested under 19 the Cyber Sense program, establish and maintain cy- 20 bersecurity vulnerability reporting processes and a 21 related database; 22 (3) provide technical assistance to electric utili- 23 ties, product manufacturers, and other electricity 24 sector stakeholders to develop solutions to mitigate 25 identified cybersecurity vulnerabilities in products 26 VerDate Sep 11 2014 06:09 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H360.RFS H360 kjohnson on DSK79L0C42PROD with BILLS 3 HR 360 RFS and technologies tested under the Cyber Sense pro- 1 gram; 2 (4) biennially review products and technologies 3 tested under the Cyber Sense program for cyberse- 4 curity vulnerabilities and provide analysis with re- 5 spect to how such products and technologies respond 6 to and mitigate cyber threats; 7 (5) develop guidance, that is informed by anal- 8 ysis and testing results under the Cyber Sense pro- 9 gram, for electric utilities for procurement of prod- 10 ucts and technologies; 11 (6) provide reasonable notice to the public, and 12 solicit comments from the public, prior to estab- 13 lishing or revising the testing process under the 14 Cyber Sense program; 15 (7) oversee testing of products and technologies 16 under the Cyber Sense program; and 17 (8) consider incentives to encourage the use of 18 analysis and results of testing under the Cyber 19 Sense program in the design of products and tech- 20 nologies for use in the bulk-power system. 21 (c) DISCLOSURE OF INFORMATION.—Any cybersecu- 22 rity vulnerability reported pursuant to a process estab- 23 lished under subsection (b)(2), the disclosure of which the 24 Secretary of Energy reasonably foresees would cause harm 25 VerDate Sep 11 2014 06:09 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H360.RFS H360 kjohnson on DSK79L0C42PROD with BILLS 4 HR 360 RFS to critical electric infrastructure (as defined in section 1 215A of the Federal Power Act), shall be deemed to be 2 critical electric infrastructure information for purposes of 3 section 215A(d) of the Federal Power Act. 4 (d) FEDERAL GOVERNMENT LIABILITY.—Nothing in 5 this section shall be construed to authorize the commence- 6 ment of an action against the United States Government 7 with respect to the testing of a product or technology 8 under the Cyber Sense program. 9 Passed the House of Representatives September 29, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 06:09 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H360.RFS H360 kjohnson on DSK79L0C42PROD with BILLS