II 

118TH CONGRESS 

1ST 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 

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’’. 

7 SEC. 2. ENERGY THREAT ANALYSIS CENTER. 

8 (a) ESTABLISHMENT.—As part of the program devel9 oped under section 40125(c) of the Infrastructure Invest10 ment and Jobs Act (42 U.S.C. 18724(c)), there is estabVerDate Sep 11 2014 04:07 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S914.IS S914

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1 lished in the Department of Energy an energy threat anal2 ysis center (referred to in this Act as the ‘‘Center’’)— 

3 (1) to enhance situational awareness of threats 

4 to the security of the energy sector; 

5 (2) to analyze threats against the security of 

6 the energy sector; 

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

9 (4) to support relevant response and restoration 

10 activities for the energy sector under existing con11 structs. 

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

13 include— 

14 (1) establishing an operational collaborative en15 vironment, physical and virtual, for the government 

16 and industry— 

17 (A) to develop actionable operational infor18 mation relating to threats to the security of the 

19 energy sector; and 

20 (B) to develop and offer meaningful threat 

21 mitigation advice and actions to enhance— 

22 (i) the defense of, and response to se23 curity threats to, the energy sector; and 

24 (ii) the resilience of the United States 

25 energy sector; 


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1 (2) enabling an exchange of information on 

2 threat activity among government and industry to 

3 address energy security and resilience and shared 

4 energy sector security threats relating to national se5 curity, public health, safety, and the economy; 

6 (3) improving detailed understanding of na7 tional security risks associated with the energy sec8 tor that are or could be exploited by adversaries, in9 cluding nation-states; 

10 (4) achieving a deeper understanding of the tac11 tics, capabilities, and activities of threat actors that 

12 have the potential to impact systemic risks to the 

13 energy sector; and 

14 (5) facilitating increased information sharing 

15 between government and industry of actual acute 

16 threat activity, including incidents, in a secure set17 ting, physical and virtual, to facilitate the energy se18 curity and resilience of the United States. 

19 (c) COORDINATION AND INTEGRATION.—In carrying 

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

21 (1) coordinate with— 

22 (A) the Department of Homeland Security, 

23 including the Cybersecurity and Infrastructure 

24 Security Agency; 


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1 (B) the Department of Defense, including 

2 United States Cyber Command, the National 

3 Security Agency, and the Army Interagency 

4 Training and Education Center of the National 

5 Guard Bureau; 

6 (C) the Department of Justice, including 

7 the Federal Bureau of Investigation; 

8 (D) the Office of the Director of National 

9 Intelligence; and 

10 (E) other Federal agencies and depart11 ments, as determined by the Secretary of En12 ergy; 

13 (2) ensure that the processes used by the Cen14 ter are performed in collaboration with the activities 

15 of the Department of Homeland Security and the 

16 Department of Defense relating to cybersecurity, in17 cluding— 

18 (A) the Joint Cyber Defense Collaborative 

19 of the Cybersecurity and Infrastructure Secu20 rity Agency; and 

21 (B) the Cybersecurity Collaboration Center 

22 and Enduring Security Framework of the Na23 tional Security Agency; 

24 (3) regularly consult with appropriate rep25 resentatives of non-Federal entities, such as— 


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1 (A) State, local, federally-recognized Trib2 al, and territorial governments; 

3 (B) information sharing and analysis orga4 nizations, including information sharing and 

5 analysis centers such as the Electricity Infor6 mation Sharing and Analysis Center operated 

7 by the North American Electric Reliability Cor8 poration; 

9 (C) owners and operators of energy sector 

10 infrastructure; and 

11 (D) other appropriate representatives or 

12 entities, including private entities, such as man13 ufacturers and vendors, that contribute to the 

14 energy sector, as determined by the Secretary 

15 of Energy; 

16 (4) leverage the capabilities and services of ad17 vanced technology providers, including— 

18 (A) National Laboratories (as defined in 

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

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

21 (B) commercial threat intelligence produc22 tion entities; and 

23 (C) energy infrastructure vendors and inte24 grators; and 


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1 (5) as appropriate, protect information sub2 mitted to and shared by the Center consistent with 

3 applicable laws and regulations. 

4 (d) NO RIGHT OR BENEFIT.— 

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

6 or information to governmental or private entities 

7 under this section shall be at the sole and 

8 unreviewable discretion of the Secretary of Energy. 

9 (2) CERTAIN ASSISTANCE OR INFORMATION.— 

10 The provision of certain assistance or information to 

11 a governmental or private entity pursuant to this 

12 section shall not create a right or benefit, sub13 stantive or procedural, for any other governmental 

14 or private entity to similar assistance or information. 

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

16 (as defined in section 10114(a) of the Research and Devel17 opment, Competition, and Innovation Act (Public Law 

18 117–167)) shall participate in any manner in carrying out 

19 the functions of the Center. 

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

21 be exempt from complying with the requirements of chap22 ter 10 of title 5, United States Code (including regula23 tions). 


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

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

3 enactment of this Act. 

Æ 


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