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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 18722 Energy cyber sense program us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 162 ENERGY INFRASTRUCTURE 18722 42 U.S.C. § 18722 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s18722 data/legal/raw/us/code/title-42/usc42.xml 3738a1296aca3ed2adcfec3ce1ebb87dfdf45b6a9525a0ce6e233a58ef1f9d11 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 6c5a03ffe37b25e70c534fe2edd88c2272e167abaaf866e841ce65fbb273a108 2026-07-04 official
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42 U.S.C. § 18722 - Energy cyber sense program

Text

(a) Definitions In this section:

(1) Bulk-power system The term “bulk-power system” has the meaning given the term in section 824o(a) of title 16.

(2) Program The term “program” means the voluntary Energy Cyber Sense program established under subsection (b).

(b) Establishment The Secretary, in coordination with the Secretary of Homeland Security and in consultation with the heads of other relevant Federal agencies, shall establish a voluntary Energy Cyber Sense program to test the cybersecurity of products and technologies intended for use in the energy sector, including in the bulk-power system.

(c) Program requirements In carrying out subsection (b), the Secretary, in coordination with the Secretary of Homeland Security and in consultation with the heads of other relevant Federal agencies, shall—

(1) establish a testing process under the program to test the cybersecurity of products and technologies intended for use in the energy sector, 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 that are integrated with Federal vulnerability coordination processes;

(3) provide technical assistance to electric utilities, product manufacturers, and other energy 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 and other components of the energy sector 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 energy sector.

(d) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any component of the energy sector, including any electric utility or the bulk-power system—

(1) shall be exempt from disclosure under section 552(b)(3) of title 5; and

(2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.

(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.

(Pub. L. 11758, div. D, title I, § 40122, Nov. 15, 2021, 135 Stat. 950.)

Notes

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758, including authority of Secretary of Labor, see section 18851 of this title.