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