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 products and technologies intended for use in the bulk-power 

system, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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HR 360 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cyber Sense Act of 

3 2020’’. 

4 SEC. 2. CYBER SENSE. 

5 (a) IN GENERAL.—The Secretary of Energy, in co6 ordination with relevant Federal agencies, shall establish 

7 a voluntary Cyber Sense program to test the cybersecurity 

8 of products and technologies intended for use in the bulk9 power system, as defined in section 215(a) of the Federal 

10 Power Act (16 U.S.C. 824o(a)). 

11 (b) PROGRAM REQUIREMENTS.—In carrying out sub12 section (a), the Secretary of Energy shall— 

13 (1) establish a testing process under the Cyber 

14 Sense program to test the cybersecurity of products 

15 and technologies intended for use in the bulk-power 

16 system, including products relating to industrial con17 trol systems and operational technologies, such as 

18 supervisory control and data acquisition systems; 

19 (2) for products and technologies tested under 

20 the Cyber Sense program, establish and maintain cy21 bersecurity vulnerability reporting processes and a 

22 related database; 

23 (3) provide technical assistance to electric utili24 ties, product manufacturers, and other electricity 

25 sector stakeholders to develop solutions to mitigate 

26 identified cybersecurity vulnerabilities in products 


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HR 360 RFS

1 and technologies tested under the Cyber Sense pro2 gram; 

3 (4) biennially review products and technologies 

4 tested under the Cyber Sense program for cyberse5 curity vulnerabilities and provide analysis with re6 spect to how such products and technologies respond 

7 to and mitigate cyber threats; 

8 (5) develop guidance, that is informed by anal9 ysis and testing results under the Cyber Sense pro10 gram, for electric utilities for procurement of prod11 ucts and technologies; 

12 (6) provide reasonable notice to the public, and 

13 solicit comments from the public, prior to estab14 lishing or revising the testing process under the 

15 Cyber Sense program; 

16 (7) oversee testing of products and technologies 

17 under the Cyber Sense program; and 

18 (8) consider incentives to encourage the use of 

19 analysis and results of testing under the Cyber 

20 Sense program in the design of products and tech21 nologies for use in the bulk-power system. 

22 (c) DISCLOSURE OF INFORMATION.—Any cybersecu23 rity vulnerability reported pursuant to a process estab24 lished under subsection (b)(2), the disclosure of which the 

25 Secretary of Energy reasonably foresees would cause harm 


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1 to critical electric infrastructure (as defined in section 

2 215A of the Federal Power Act), shall be deemed to be 

3 critical electric infrastructure information for purposes of 

4 section 215A(d) of the Federal Power Act. 

5 (d) FEDERAL GOVERNMENT LIABILITY.—Nothing in 

6 this section shall be construed to authorize the commence7 ment of an action against the United States Government 

8 with respect to the testing of a product or technology 

9 under the Cyber Sense program. 

Passed the House of Representatives September 29, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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