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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 914 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 580
118th CONGRESS
  2d Session
                                 S. 914

  To establish an energy threat analysis center in the Department of 
                                Energy.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2023

Mr. Risch (for himself and Mr. Manchin) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           November 21, 2024

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
  To establish an energy threat analysis center in the Department of 
                                Energy.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Energy Threat Analysis 
Center Establishment Act of 2023'' or the ``ETAC Establishment Act of 
2023''.</DELETED>

<DELETED>SEC. 2. ENERGY THREAT ANALYSIS CENTER.</DELETED>

<DELETED>    (a) Establishment.--As part of the program developed under 
section 40125(c) of the Infrastructure Investment and Jobs Act (42 
U.S.C. 18724(c)), there is established in the Department of Energy an 
energy threat analysis center (referred to in this Act as the 
``Center'')--</DELETED>
        <DELETED>    (1) to enhance situational awareness of threats to 
        the security of the energy sector;</DELETED>
        <DELETED>    (2) to analyze threats against the security of the 
        energy sector;</DELETED>
        <DELETED>    (3) to identify relevant security threat 
        mitigation measures for energy systems; and</DELETED>
        <DELETED>    (4) to support relevant response and restoration 
        activities for the energy sector under existing 
        constructs.</DELETED>
<DELETED>    (b) Functions.--The functions of the Center shall 
include--</DELETED>
        <DELETED>    (1) establishing an operational collaborative 
        environment, physical and virtual, for the government and 
        industry--</DELETED>
                <DELETED>    (A) to develop actionable operational 
                information relating to threats to the security of the 
                energy sector; and</DELETED>
                <DELETED>    (B) to develop and offer meaningful threat 
                mitigation advice and actions to enhance--</DELETED>
                        <DELETED>    (i) the defense of, and response 
                        to security threats to, the energy sector; 
                        and</DELETED>
                        <DELETED>    (ii) the resilience of the United 
                        States energy sector;</DELETED>
        <DELETED>    (2) enabling an exchange of information on threat 
        activity among government and industry to address energy 
        security and resilience and shared energy sector security 
        threats relating to national security, public health, safety, 
        and the economy;</DELETED>
        <DELETED>    (3) improving detailed understanding of national 
        security risks associated with the energy sector that are or 
        could be exploited by adversaries, including nation-
        states;</DELETED>
        <DELETED>    (4) achieving a deeper understanding of the 
        tactics, capabilities, and activities of threat actors that 
        have the potential to impact systemic risks to the energy 
        sector; and</DELETED>
        <DELETED>    (5) facilitating increased information sharing 
        between government and industry of actual acute threat 
        activity, including incidents, in a secure setting, physical 
        and virtual, to facilitate the energy security and resilience 
        of the United States.</DELETED>
<DELETED>    (c) Coordination and Integration.--In carrying out the 
responsibilities of the Center, the Center shall--</DELETED>
        <DELETED>    (1) coordinate with--</DELETED>
                <DELETED>    (A) the Department of Homeland Security, 
                including the Cybersecurity and Infrastructure Security 
                Agency;</DELETED>
                <DELETED>    (B) the Department of Defense, including 
                United States Cyber Command, the National Security 
                Agency, and the Army Interagency Training and Education 
                Center of the National Guard Bureau;</DELETED>
                <DELETED>    (C) the Department of Justice, including 
                the Federal Bureau of Investigation;</DELETED>
                <DELETED>    (D) the Office of the Director of National 
                Intelligence; and</DELETED>
                <DELETED>    (E) other Federal agencies and 
                departments, as determined by the Secretary of 
                Energy;</DELETED>
        <DELETED>    (2) ensure that the processes used by the Center 
        are performed in collaboration with the activities of the 
        Department of Homeland Security and the Department of Defense 
        relating to cybersecurity, including--</DELETED>
                <DELETED>    (A) the Joint Cyber Defense Collaborative 
                of the Cybersecurity and Infrastructure Security 
                Agency; and</DELETED>
                <DELETED>    (B) the Cybersecurity Collaboration Center 
                and Enduring Security Framework of the National 
                Security Agency;</DELETED>
        <DELETED>    (3) regularly consult with appropriate 
        representatives of non-Federal entities, such as--</DELETED>
                <DELETED>    (A) State, local, federally-recognized 
                Tribal, and territorial governments;</DELETED>
                <DELETED>    (B) information sharing and analysis 
                organizations, including information sharing and 
                analysis centers such as the Electricity Information 
                Sharing and Analysis Center operated by the North 
                American Electric Reliability Corporation;</DELETED>
                <DELETED>    (C) owners and operators of energy sector 
                infrastructure; and</DELETED>
                <DELETED>    (D) other appropriate representatives or 
                entities, including private entities, such as 
                manufacturers and vendors, that contribute to the 
                energy sector, as determined by the Secretary of 
                Energy;</DELETED>
        <DELETED>    (4) leverage the capabilities and services of 
        advanced technology providers, including--</DELETED>
                <DELETED>    (A) National Laboratories (as defined in 
                section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
                15801)) with relevant capabilities;</DELETED>
                <DELETED>    (B) commercial threat intelligence 
                production entities; and</DELETED>
                <DELETED>    (C) energy infrastructure vendors and 
                integrators; and</DELETED>
        <DELETED>    (5) as appropriate, protect information submitted 
        to and shared by the Center consistent with applicable laws and 
        regulations.</DELETED>
<DELETED>    (d) No Right or Benefit.--</DELETED>
        <DELETED>    (1) In general.--The provision of assistance or 
        information to governmental or private entities under this 
        section shall be at the sole and unreviewable discretion of the 
        Secretary of Energy.</DELETED>
        <DELETED>    (2) Certain assistance or information.--The 
        provision of certain assistance or information to a 
        governmental or private entity pursuant to this section shall 
        not create a right or benefit, substantive or procedural, for 
        any other governmental or private entity to similar assistance 
        or information.</DELETED>
<DELETED>    (e) Entities of Concern.--No entity of concern (as defined 
in section 10114(a) of the Research and Development, Competition, and 
Innovation Act (Public Law 117-167)) shall participate in any manner in 
carrying out the functions of the Center.</DELETED>
<DELETED>    (f) Nonapplicability of FACA.--The Center shall be exempt 
from complying with the requirements of chapter 10 of title 5, United 
States Code (including regulations).</DELETED>
<DELETED>    (g) Sunset.--The effectiveness of this section shall 
terminate on the date that is 10 years after the date of enactment of 
this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Threat Analysis Program Act 
of 2024'' or the ``ETAP Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Program.--The term ``Program'' means the energy threat 
        analysis program established under section 3.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. ENERGY THREAT ANALYSIS PROGRAM.

    (a) In General.--As part of the program developed under section 
40125(c) of the Infrastructure Investment and Jobs Act (42 U.S.C. 
18724(c)), the Secretary shall establish an energy threat analysis 
program--
            (1) to facilitate the establishment of 1 or more 
        operational collaboration facilities, known collectively as the 
        Energy Threat Analysis Center, and facilitate public-private 
        operational collaboration within those facilities;
            (2) to enhance situational awareness of threats to the 
        security of the energy sector;
            (3) to analyze threats against the security of the energy 
        sector;
            (4) to identify relevant security threat mitigation 
        measures for energy systems;
            (5) to support relevant response and restoration activities 
        for the energy sector under existing constructs;
            (6) to inform research and development activities in 
        support of the security of critical energy systems, 
        technologies, and components;
            (7) to conduct other security and resilience efforts 
        identified by the Secretary;
            (8) to enhance and periodically test the emergency response 
        capabilities of the Department;
            (9) to expand cooperation of the Department with the 
        intelligence community for energy sector-related threat 
        collection and analysis;
            (10) to enhance the tools of the Department and the 
        Electricity Information Sharing and Analysis Center for 
        monitoring the status of the energy sector; and
            (11) to expand industry participation in the Electricity 
        Information Sharing and Analysis Center.
    (b) Administration.--The Program shall be--
            (1) directed by the Secretary;
            (2) managed by the Office of Cybersecurity, Energy 
        Security, and Emergency Response; and
            (3) supported by the Office of Intelligence and 
        Counterintelligence.
    (c) Functions.--The functions of the Program shall include--
            (1) supporting public-private operational collaboration for 
        the government and industry--
                    (A) to develop actionable operational information 
                relating to threats to the security of the energy 
                sector; and
                    (B) to develop and offer meaningful threat 
                mitigation advice and actions to enhance--
                            (i) the defense of, and response to 
                        security threats to, the energy sector; and
                            (ii) the resilience of the United States 
                        energy sector;
            (2) enabling collaboration in the production and exchange 
        of information on threat activity among government and industry 
        to address energy security and resilience and shared energy 
        sector security threats relating to national security, public 
        health, safety, and the economy;
            (3) improving detailed understanding of national security 
        risks associated with the energy sector that are or could be 
        exploited by adversaries, including nation-states;
            (4) achieving a deeper understanding of the tactics, 
        capabilities, and activities of threat actors that have the 
        potential to impact systemic risks to the energy sector; and
            (5) facilitating increased collaboration between government 
        and industry, including the sharing of information regarding 
        actual acute threat activity, including incidents, in a secure 
        setting, physical and virtual, to facilitate the energy 
        security and resilience of the United States.
    (d) Coordination and Integration.--In carrying out the 
responsibilities of the Program, the Program shall--
            (1) align priorities of and enable support from--
                    (A) the Department of Homeland Security, including 
                the Cybersecurity and Infrastructure Security Agency;
                    (B) the Department of Defense, including United 
                States Cyber Command, the National Security Agency, and 
                the Army Interagency Training and Education Center of 
                the National Guard Bureau;
                    (C) the Department of Justice, including the 
                Federal Bureau of Investigation;
                    (D) the Office of the Director of National 
                Intelligence; and
                    (E) other Federal agencies and departments, as 
                determined by the Secretary;
            (2) ensure that the processes used by the Program are 
        performed in collaboration with the activities of the 
        Department of Homeland Security and the Department of Defense 
        relating to cybersecurity, including--
                    (A) the Joint Cyber Defense Collaborative of the 
                Cybersecurity and Infrastructure Security Agency; and
                    (B) the Cybersecurity Collaboration Center and 
                Enduring Security Framework of the National Security 
                Agency;
            (3) regularly consult with appropriate representatives of 
        non-Federal entities, such as--
                    (A) State, local, federally-recognized Tribal, and 
                territorial governments;
                    (B) information sharing and analysis organizations, 
                including information sharing and analysis centers such 
                as the Electricity Information Sharing and Analysis 
                Center; and
                    (C) other appropriate representatives or entities, 
                including private entities, such as manufacturers and 
                vendors, that contribute to the energy sector, as 
                determined by the Secretary;
            (4) leverage the existing capabilities and services of 
        advanced technology providers, including--
                    (A) National Laboratories with relevant 
                capabilities;
                    (B) commercial threat intelligence production and 
                cyber incident response entities; and
                    (C) energy infrastructure vendors and integrators; 
                and
            (5) as appropriate, protect information submitted to and 
        shared by the Program consistent with applicable laws, 
        regulations, policies, and procedures.
    (e) No Right or Benefit.--
            (1) In general.--The provision of assistance or information 
        to governmental or private entities under this section shall be 
        at the sole and unreviewable discretion of the Secretary.
            (2) Certain assistance or information.--The provision of 
        certain assistance or information to a governmental or private 
        entity pursuant to this section shall not create a right or 
        benefit, substantive or procedural, for any other governmental 
        or private entity to similar assistance or information.
    (f) Entities of Concern.--No entity of concern (as defined in 
section 10114(a) of the Research and Development, Competition, and 
Innovation Act (42 U.S.C. 18912(a))) shall participate in any manner in 
carrying out the functions of the Program.
    (g) Termination.--The Program shall terminate on the date that is 
10 years after the date of enactment of this Act.
    (h) Nonapplicability of FACA.--The Program shall be exempt from 
complying with the requirements of chapter 10 of title 5, United States 
Code (including regulations).
    (i) Exemption From Disclosure.--Information shared by or with the 
Federal Government or a State, Tribal, or local government under this 
Act shall be--
            (1) deemed to be voluntarily shared information;
            (2) exempt from disclosure under section 552 of title 5, 
        United States Code, or any provision of any State, Tribal, or 
        local freedom of information law, open government law, open 
        meetings law, open records law, sunshine law, or similar law 
        requiring the disclosure of information or records; and
            (3) withheld from the public, without discretion, under 
        section 552(b)(3) of title 5, United States Code, or any 
        provision of any State, Tribal, or local law requiring the 
        nondisclosure of sensitive information or records.
    (j) Report.--The Secretary shall submit to Congress an annual 
report that describes, for the year covered by the report--
            (1) the achievements of the Program; and
            (2) areas for improvement with respect to the activities 
        and operations of the Program.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out section 40125(c)(2) of the 
Infrastructure Investment and Jobs Act (42 U.S.C. 18724(c)(2)) 
$50,000,000 for the period of fiscal years 2025 through 2029.
                                                       Calendar No. 580

118th CONGRESS

  2d Session

                                 S. 914

_______________________________________________________________________

                                 A BILL

  To establish an energy threat analysis center in the Department of 
                                Energy.

_______________________________________________________________________

                           November 21, 2024

                       Reported with an amendment
```