116TH CONGRESS 
2D SESSION 
H. R. 360 
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-
tives 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. 
(a) IN GENERAL.—The Secretary of Energy, in co-
ordination with 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, as defined in section 215(a) of the Federal 
Power Act (16 U.S.C. 824o(a)). 
(b) PROGRAM REQUIREMENTS.—In carrying out sub-
section (a), the Secretary of Energy shall— 
(1) establish a testing process under the Cyber 
Sense program to test the cybersecurity of products 
and technologies intended for use in the bulk-power 
system, including products relating to industrial con-
trol systems and operational technologies, such as 
supervisory control and data acquisition systems; 
(2) for products and technologies tested under 
the Cyber Sense program, establish and maintain cy-
bersecurity vulnerability reporting processes and a 
related database; 
(3) provide technical assistance to electric utili-
ties, product manufacturers, and other electricity 
sector stakeholders to develop solutions to mitigate 
identified cybersecurity vulnerabilities in products
and technologies tested under the Cyber Sense pro-
gram; 
(4) biennially review products and technologies 
tested under the Cyber Sense program for cyberse-
curity vulnerabilities and provide analysis with re-
spect to how such products and technologies respond 
to and mitigate cyber threats; 
(5) develop guidance, that is informed by anal-
ysis and testing results under the Cyber Sense pro-
gram, for electric utilities for procurement of prod-
ucts and technologies; 
(6) provide reasonable notice to the public, and 
solicit comments from the public, prior to estab-
lishing or revising the testing process under the 
Cyber Sense program; 
(7) oversee testing of products and technologies 
under the Cyber Sense program; and 
(8) consider incentives to encourage the use of 
analysis and results of testing under the Cyber 
Sense program in the design of products and tech-
nologies for use in the bulk-power system. 
(c) DISCLOSURE OF INFORMATION.—Any cybersecu-
rity vulnerability reported pursuant to a process estab-
lished under subsection (b)(2), the disclosure of which the 
Secretary of Energy reasonably foresees would cause harm
to critical electric infrastructure (as defined in section 
215A of the Federal Power Act), shall be deemed to be 
critical electric infrastructure information for purposes of 
section 215A(d) of the Federal Power Act. 
(d) FEDERAL GOVERNMENT LIABILITY.—Nothing in 
this section shall be construed to authorize the commence-
ment of an action against the United States Government 
with respect to the testing of a product or technology 
under the Cyber Sense program. 
Passed the House of Representatives September 29, 
2020. 
Attest: 
Clerk.