II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Threat Anal5 ysis Center Establishment Act of 2023’’ or the ‘‘ETAC 

6 Establishment Act of 2023’’. 


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1 SEC. 2. ENERGY THREAT ANALYSIS CENTER. 

2 (a) ESTABLISHMENT.—As part of the program devel3 oped under section 40125(c) of the Infrastructure Invest4 ment and Jobs Act (42 U.S.C. 18724(c)), there is estab5 lished in the Department of Energy an energy threat anal6 ysis center (referred to in this Act as the ‘‘Center’’)— 

7 (1) to enhance situational awareness of threats 

8 to the security of the energy sector; 

9 (2) to analyze threats against the security of 

10 the energy sector; 

11 (3) to identify relevant security threat mitiga12 tion measures for energy systems; and 

13 (4) to support relevant response and restoration 

14 activities for the energy sector under existing con15 structs. 

16 (b) FUNCTIONS.—The functions of the Center shall 

17 include— 

18 (1) establishing an operational collaborative en19 vironment, physical and virtual, for the government 

20 and industry— 

21 (A) to develop actionable operational infor22 mation relating to threats to the security of the 

23 energy sector; and 

24 (B) to develop and offer meaningful threat 

25 mitigation advice and actions to enhance— 


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1 (i) the defense of, and response to se2 curity threats to, the energy sector; and 

3 (ii) the resilience of the United States 

4 energy sector; 

5 (2) enabling an exchange of information on 

6 threat activity among government and industry to 

7 address energy security and resilience and shared 

8 energy sector security threats relating to national se9 curity, public health, safety, and the economy; 

10 (3) improving detailed understanding of na11 tional security risks associated with the energy sec12 tor that are or could be exploited by adversaries, in13 cluding nation-states; 

14 (4) achieving a deeper understanding of the tac15 tics, capabilities, and activities of threat actors that 

16 have the potential to impact systemic risks to the 

17 energy sector; and 

18 (5) facilitating increased information sharing 

19 between government and industry of actual acute 

20 threat activity, including incidents, in a secure set21 ting, physical and virtual, to facilitate the energy se22 curity and resilience of the United States. 

23 (c) COORDINATION AND INTEGRATION.—In carrying 

24 out the responsibilities of the Center, the Center shall— 

25 (1) coordinate with— 


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1 (A) the Department of Homeland Security, 

2 including the Cybersecurity and Infrastructure 

3 Security Agency; 

4 (B) the Department of Defense, including 

5 United States Cyber Command, the National 

6 Security Agency, and the Army Interagency 

7 Training and Education Center of the National 

8 Guard Bureau; 

9 (C) the Department of Justice, including 

10 the Federal Bureau of Investigation; 

11 (D) the Office of the Director of National 

12 Intelligence; and 

13 (E) other Federal agencies and depart14 ments, as determined by the Secretary of En15 ergy; 

16 (2) ensure that the processes used by the Cen17 ter are performed in collaboration with the activities 

18 of the Department of Homeland Security and the 

19 Department of Defense relating to cybersecurity, in20 cluding— 

21 (A) the Joint Cyber Defense Collaborative 

22 of the Cybersecurity and Infrastructure Secu23 rity Agency; and 


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1 (B) the Cybersecurity Collaboration Center 

2 and Enduring Security Framework of the Na3 tional Security Agency; 

4 (3) regularly consult with appropriate rep5 resentatives of non-Federal entities, such as— 

6 (A) State, local, federally-recognized Trib7 al, and territorial governments; 

8 (B) information sharing and analysis orga9 nizations, including information sharing and 

10 analysis centers such as the Electricity Infor11 mation Sharing and Analysis Center operated 

12 by the North American Electric Reliability Cor13 poration; 

14 (C) owners and operators of energy sector 

15 infrastructure; and 

16 (D) other appropriate representatives or 

17 entities, including private entities, such as man18 ufacturers and vendors, that contribute to the 

19 energy sector, as determined by the Secretary 

20 of Energy; 

21 (4) leverage the capabilities and services of ad22 vanced technology providers, including— 

23 (A) National Laboratories (as defined in 

24 section 2 of the Energy Policy Act of 2005 (42 

25 U.S.C. 15801)) with relevant capabilities; 


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1 (B) commercial threat intelligence produc2 tion entities; and 

3 (C) energy infrastructure vendors and inte4 grators; and 

5 (5) as appropriate, protect information sub6 mitted to and shared by the Center consistent with 

7 applicable laws and regulations. 

8 (d) NO RIGHT OR BENEFIT.— 

9 (1) IN GENERAL.—The provision of assistance 

10 or information to governmental or private entities 

11 under this section shall be at the sole and 

12 unreviewable discretion of the Secretary of Energy. 

13 (2) CERTAIN ASSISTANCE OR INFORMATION.— 

14 The provision of certain assistance or information to 

15 a governmental or private entity pursuant to this 

16 section shall not create a right or benefit, sub17 stantive or procedural, for any other governmental 

18 or private entity to similar assistance or information. 

19 (e) ENTITIES OF CONCERN.—No entity of concern 

20 (as defined in section 10114(a) of the Research and Devel21 opment, Competition, and Innovation Act (Public Law 

22 117–167)) shall participate in any manner in carrying out 

23 the functions of the Center. 

24 (f) NONAPPLICABILITY OF FACA.—The Center shall 

25 be exempt from complying with the requirements of chapVerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S914.RS S914

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1 ter 10 of title 5, United States Code (including regula2 tions). 

3 (g) SUNSET.—The effectiveness of this section shall 

4 terminate on the date that is 10 years after the date of 

5 enactment of this Act. 

6 SECTION 1. SHORT TITLE. 

7 This Act may be cited as the ‘‘Energy Threat Analysis 

8 Program Act of 2024’’ or the ‘‘ETAP Act of 2024’’. 

9 SEC. 2. DEFINITIONS. 

10 In this Act: 

11 (1) DEPARTMENT.—The term ‘‘Department’’ 

12 means the Department of Energy. 

13 (2) PROGRAM.—The term ‘‘Program’’ means the 

14 energy threat analysis program established under sec15 tion 3. 

16 (3) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Energy. 

18 SEC. 3. ENERGY THREAT ANALYSIS PROGRAM. 

19 (a) IN GENERAL.—As part of the program developed 

20 under section 40125(c) of the Infrastructure Investment and 

21 Jobs Act (42 U.S.C. 18724(c)), the Secretary shall establish 

22 an energy threat analysis program— 

23 (1) to facilitate the establishment of 1 or more 

24 operational collaboration facilities, known collectively 

25 as the Energy Threat Analysis Center, and facilitate 


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1 public-private operational collaboration within those 

2 facilities; 

3 (2) to enhance situational awareness of threats to 

4 the security of the energy sector; 

5 (3) to analyze threats against the security of the 

6 energy sector; 

7 (4) to identify relevant security threat mitiga8 tion measures for energy systems; 

9 (5) to support relevant response and restoration 

10 activities for the energy sector under existing con11 structs; 

12 (6) to inform research and development activities 

13 in support of the security of critical energy systems, 

14 technologies, and components; 

15 (7) to conduct other security and resilience ef16 forts identified by the Secretary; 

17 (8) to enhance and periodically test the emer18 gency response capabilities of the Department; 

19 (9) to expand cooperation of the Department 

20 with the intelligence community for energy sector-re21 lated threat collection and analysis; 

22 (10) to enhance the tools of the Department and 

23 the Electricity Information Sharing and Analysis 

24 Center for monitoring the status of the energy sector; 

25 and 


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1 (11) to expand industry participation in the 

2 Electricity Information Sharing and Analysis Center. 

3 (b) ADMINISTRATION.—The Program shall be— 

4 (1) directed by the Secretary; 

5 (2) managed by the Office of Cybersecurity, En6 ergy Security, and Emergency Response; and 

7 (3) supported by the Office of Intelligence and 

8 Counterintelligence. 

9 (c) FUNCTIONS.—The functions of the Program shall 

10 include— 

11 (1) supporting public-private operational col12 laboration for the government and industry— 

13 (A) to develop actionable operational infor14 mation relating to threats to the security of the 

15 energy sector; and 

16 (B) to develop and offer meaningful threat 

17 mitigation advice and actions to enhance— 

18 (i) the defense of, and response to secu19 rity threats to, the energy sector; and 

20 (ii) the resilience of the United States 

21 energy sector; 

22 (2) enabling collaboration in the production and 

23 exchange of information on threat activity among 

24 government and industry to address energy security 

25 and resilience and shared energy sector security 


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1 threats relating to national security, public health, 

2 safety, and the economy; 

3 (3) improving detailed understanding of na4 tional security risks associated with the energy sector 

5 that are or could be exploited by adversaries, includ6 ing nation-states; 

7 (4) achieving a deeper understanding of the tac8 tics, capabilities, and activities of threat actors that 

9 have the potential to impact systemic risks to the en10 ergy sector; and 

11 (5) facilitating increased collaboration between 

12 government and industry, including the sharing of 

13 information regarding actual acute threat activity, 

14 including incidents, in a secure setting, physical and 

15 virtual, to facilitate the energy security and resilience 

16 of the United States. 

17 (d) COORDINATION AND INTEGRATION.—In carrying 

18 out the responsibilities of the Program, the Program shall— 

19 (1) align priorities of and enable support from— 

20 (A) the Department of Homeland Security, 

21 including the Cybersecurity and Infrastructure 

22 Security Agency; 

23 (B) the Department of Defense, including 

24 United States Cyber Command, the National Se25 curity Agency, and the Army Interagency TrainVerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914

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1 ing and Education Center of the National Guard 

2 Bureau; 

3 (C) the Department of Justice, including the 

4 Federal Bureau of Investigation; 

5 (D) the Office of the Director of National 

6 Intelligence; and 

7 (E) other Federal agencies and departments, 

8 as determined by the Secretary; 

9 (2) ensure that the processes used by the Pro10 gram are performed in collaboration with the activi11 ties of the Department of Homeland Security and the 

12 Department of Defense relating to cybersecurity, in13 cluding— 

14 (A) the Joint Cyber Defense Collaborative of 

15 the Cybersecurity and Infrastructure Security 

16 Agency; and 

17 (B) the Cybersecurity Collaboration Center 

18 and Enduring Security Framework of the Na19 tional Security Agency; 

20 (3) regularly consult with appropriate represent21 atives of non-Federal entities, such as— 

22 (A) State, local, federally-recognized Tribal, 

23 and territorial governments; 

24 (B) information sharing and analysis orga25 nizations, including information sharing and 


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1 analysis centers such as the Electricity Informa2 tion Sharing and Analysis Center; and 

3 (C) other appropriate representatives or en4 tities, including private entities, such as manu5 facturers and vendors, that contribute to the en6 ergy sector, as determined by the Secretary; 

7 (4) leverage the existing capabilities and services 

8 of advanced technology providers, including— 

9 (A) National Laboratories with relevant ca10 pabilities; 

11 (B) commercial threat intelligence produc12 tion and cyber incident response entities; and 

13 (C) energy infrastructure vendors and inte14 grators; and 

15 (5) as appropriate, protect information sub16 mitted to and shared by the Program consistent with 

17 applicable laws, regulations, policies, and procedures. 

18 (e) NO RIGHT OR BENEFIT.— 

19 (1) IN GENERAL.—The provision of assistance or 

20 information to governmental or private entities under 

21 this section shall be at the sole and unreviewable dis22 cretion of the Secretary. 

23 (2) CERTAIN ASSISTANCE OR INFORMATION.— 

24 The provision of certain assistance or information to 

25 a governmental or private entity pursuant to this secVerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914

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1 tion shall not create a right or benefit, substantive or 

2 procedural, for any other governmental or private en3 tity to similar assistance or information. 

4 (f) ENTITIES OF CONCERN.—No entity of concern (as 

5 defined in section 10114(a) of the Research and Develop6 ment, Competition, and Innovation Act (42 U.S.C. 

7 18912(a))) shall participate in any manner in carrying out 

8 the functions of the Program. 

9 (g) TERMINATION.—The Program shall terminate on 

10 the date that is 10 years after the date of enactment of this 

11 Act. 

12 (h) NONAPPLICABILITY OF FACA.—The Program shall 

13 be exempt from complying with the requirements of chapter 

14 10 of title 5, United States Code (including regulations). 

15 (i) EXEMPTION FROM DISCLOSURE.—Information 

16 shared by or with the Federal Government or a State, Trib17 al, or local government under this Act shall be— 

18 (1) deemed to be voluntarily shared information; 

19 (2) exempt from disclosure under section 552 of 

20 title 5, United States Code, or any provision of any 

21 State, Tribal, or local freedom of information law, 

22 open government law, open meetings law, open 

23 records law, sunshine law, or similar law requiring 

24 the disclosure of information or records; and 


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1 (3) withheld from the public, without discretion, 

2 under section 552(b)(3) of title 5, United States Code, 

3 or any provision of any State, Tribal, or local law re4 quiring the nondisclosure of sensitive information or 

5 records. 

6 (j) REPORT.—The Secretary shall submit to Congress 

7 an annual report that describes, for the year covered by the 

8 report— 

9 (1) the achievements of the Program; and 

10 (2) areas for improvement with respect to the ac11 tivities and operations of the Program. 

12 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary to carry out 

14 section 40125(c)(2) of the Infrastructure Investment and 

15 Jobs Act (42 U.S.C. 18724(c)(2)) $50,000,000 for the period 

16 of fiscal years 2025 through 2029. 


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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 


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