ETAC Establishment Act of 2023

Subjects: Energy


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 914 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. ENERGY THREAT ANALYSIS CENTER.

    (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'')--
            (1) to enhance situational awareness of threats to the 
        security of the energy sector;
            (2) to analyze threats against the security of the energy 
        sector;
            (3) to identify relevant security threat mitigation 
        measures for energy systems; and
            (4) to support relevant response and restoration activities 
        for the energy sector under existing constructs.
    (b) Functions.--The functions of the Center shall include--
            (1) establishing an operational collaborative environment, 
        physical and virtual, 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 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;
            (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 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.
    (c) Coordination and Integration.--In carrying out the 
responsibilities of the Center, the Center shall--
            (1) coordinate with--
                    (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 of Energy;
            (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--
                    (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 operated by the North American Electric 
                Reliability Corporation;
                    (C) owners and operators of energy sector 
                infrastructure; and
                    (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;
            (4) leverage the capabilities and services of advanced 
        technology providers, including--
                    (A) National Laboratories (as defined in section 2 
                of the Energy Policy Act of 2005 (42 U.S.C. 15801)) 
                with relevant capabilities;
                    (B) commercial threat intelligence production 
                entities; and
                    (C) energy infrastructure vendors and integrators; 
                and
            (5) as appropriate, protect information submitted to and 
        shared by the Center consistent with applicable laws and 
        regulations.
    (d) 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 of 
        Energy.
            (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.
    (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.
    (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).
    (g) Sunset.--The effectiveness of this section shall terminate on 
the date that is 10 years after the date of enactment of this Act.
                                 &lt;all&gt;
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