Sec. 1106. Cyber Sense
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The Secretary of Energy shall establish a voluntary Cyber Sense program to identify and promote cyber-secure products intended for use in the bulk-power system, as defined in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). In carrying out subsection (a), the Secretary of Energy shall— establish a Cyber Sense testing process to identify products and technologies intended for use in the bulk-power system, including products relating to industrial control systems, such as supervisory control and data acquisition systems; for products tested and identified under the Cyber Sense program, establish and maintain cybersecurity vulnerability reporting processes and a related database; promulgate regulations regarding vulnerability reporting processes for products tested and identified under the Cyber Sense program; provide technical assistance to utilities, product manufacturers, and other electric sector stakeholders to develop solutions to mitigate identified vulnerabilities in products tested and identified under the Cyber Sense program; biennially review products tested and identified under the Cyber Sense program for vulnerabilities and provide analysis with respect to how such products respond to and mitigate cyber threats; develop procurement guidance for utilities for products tested and identified under the Cyber Sense program; provide reasonable notice to the public, and solicit comments from the public, prior to establishing or revising the Cyber Sense testing process; oversee Cyber Sense testing carried out by third parties; and consider incentives to encourage the use in the bulk-power system of products tested and identified under the Cyber Sense program.
Any vulnerability reported pursuant to regulations promulgated under subsection (b)(3), the disclosure of which could cause harm to critical electric infrastructure (as defined in section 215A of the Federal Power Act), shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code, and any State, tribal, or local law requiring disclosure of information or records. Consistent with other voluntary Federal Government certification programs, nothing in this section shall be construed to authorize the commencement of an action against the United States Government with respect to the testing and identification of a product under the Cyber Sense program.
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U.S. Code