Federal

ETAP Act of 2024

Source: Congress.gov · 2,897 words in original text

What This Bill Does

This bill creates an energy threat analysis program in the Department of Energy to help protect America's energy systems from security threats. The program will bring together government agencies and energy industry companies to share information about threats, analyze risks, and develop ways to defend and restore energy infrastructure.

Who It Affects

The Department of Energy, other federal agencies including the Department of Homeland Security, Department of Defense, and Department of Justice, state and local governments, tribal governments, energy companies and infrastructure owners, manufacturers and vendors in the energy sector, and information sharing organizations that work on energy security.

Key Provisions

• The Secretary of Energy will establish an energy threat analysis program with one or more operational collaboration facilities where government and industry can work together to develop information about energy security threats. (Sec. 3(a)(1)) • The program will improve understanding of national security risks to the energy sector that adversaries, including nation-states, could exploit. (Sec. 3(a)(3)) • The program will coordinate with the Department of Homeland Security, Department of Defense, Department of Justice, and other federal agencies to align priorities and receive support. (Sec. 3(d)(1)) • No entity of concern as defined in the Research and Development, Competition, and Innovation Act may participate in carrying out the program's functions. (Sec. 3(f)) • Information voluntarily shared with the federal government or state, tribal, or local governments under this act is exempt from public disclosure laws. (Sec. 3(i))

What Changes

If this bill becomes law, the Department of Energy will establish a new program and physical or virtual facilities for collaboration between government and energy industry companies. The program will work to understand and defend against threats to the nation's energy systems. Information shared through this program will be protected from public disclosure.

Important Definitions

The bill defines "Department" as the Department of Energy, "Program" as the energy threat analysis program established by the bill, and "Secretary" as the Secretary of Energy.

Effective Date

The program will terminate 10 years after the date this act becomes law. (Sec. 3(g))

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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Energy Threat Anal- 4 ysis Center Establishment Act of 2023’’ or the ‘‘ETAC 5 Establishment Act of 2023’’. 6 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 914 RS SEC. 2. ENERGY THREAT ANALYSIS CENTER. 1 (a) ESTABLISHMENT.—As part of the program devel- 2 oped under section 40125(c) of the Infrastructure Invest- 3 ment and Jobs Act (42 U.S.C. 18724(c)), there is estab- 4 lished in the Department of Energy an energy threat anal- 5 ysis center (referred to in this Act as the ‘‘Center’’)— 6 (1) to enhance situational awareness of threats 7 to the security of the energy sector; 8 (2) to analyze threats against the security of 9 the energy sector; 10 (3) to identify relevant security threat mitiga- 11 tion measures for energy systems; and 12 (4) to support relevant response and restoration 13 activities for the energy sector under existing con- 14 structs. 15 (b) FUNCTIONS.—The functions of the Center shall 16 include— 17 (1) establishing an operational collaborative en- 18 vironment, physical and virtual, for the government 19 and industry— 20 (A) to develop actionable operational infor- 21 mation relating to threats to the security of the 22 energy sector; and 23 (B) to develop and offer meaningful threat 24 mitigation advice and actions to enhance— 25 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 914 RS (i) the defense of, and response to se- 1 curity threats to, the energy sector; and 2 (ii) the resilience of the United States 3 energy sector; 4 (2) enabling an exchange of information on 5 threat activity among government and industry to 6 address energy security and resilience and shared 7 energy sector security threats relating to national se- 8 curity, public health, safety, and the economy; 9 (3) improving detailed understanding of na- 10 tional security risks associated with the energy sec- 11 tor that are or could be exploited by adversaries, in- 12 cluding nation-states; 13 (4) achieving a deeper understanding of the tac- 14 tics, capabilities, and activities of threat actors that 15 have the potential to impact systemic risks to the 16 energy sector; and 17 (5) facilitating increased information sharing 18 between government and industry of actual acute 19 threat activity, including incidents, in a secure set- 20 ting, physical and virtual, to facilitate the energy se- 21 curity and resilience of the United States. 22 (c) COORDINATION AND INTEGRATION.—In carrying 23 out the responsibilities of the Center, the Center shall— 24 (1) coordinate with— 25 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 914 RS (A) the Department of Homeland Security, 1 including the Cybersecurity and Infrastructure 2 Security Agency; 3 (B) the Department of Defense, including 4 United States Cyber Command, the National 5 Security Agency, and the Army Interagency 6 Training and Education Center of the National 7 Guard Bureau; 8 (C) the Department of Justice, including 9 the Federal Bureau of Investigation; 10 (D) the Office of the Director of National 11 Intelligence; and 12 (E) other Federal agencies and depart- 13 ments, as determined by the Secretary of En- 14 ergy; 15 (2) ensure that the processes used by the Cen- 16 ter are performed in collaboration with the activities 17 of the Department of Homeland Security and the 18 Department of Defense relating to cybersecurity, in- 19 cluding— 20 (A) the Joint Cyber Defense Collaborative 21 of the Cybersecurity and Infrastructure Secu- 22 rity Agency; and 23 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 914 RS (B) the Cybersecurity Collaboration Center 1 and Enduring Security Framework of the Na- 2 tional Security Agency; 3 (3) regularly consult with appropriate rep- 4 resentatives of non-Federal entities, such as— 5 (A) State, local, federally-recognized Trib- 6 al, and territorial governments; 7 (B) information sharing and analysis orga- 8 nizations, including information sharing and 9 analysis centers such as the Electricity Infor- 10 mation Sharing and Analysis Center operated 11 by the North American Electric Reliability Cor- 12 poration; 13 (C) owners and operators of energy sector 14 infrastructure; and 15 (D) other appropriate representatives or 16 entities, including private entities, such as man- 17 ufacturers and vendors, that contribute to the 18 energy sector, as determined by the Secretary 19 of Energy; 20 (4) leverage the capabilities and services of ad- 21 vanced technology providers, including— 22 (A) National Laboratories (as defined in 23 section 2 of the Energy Policy Act of 2005 (42 24 U.S.C. 15801)) with relevant capabilities; 25 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 914 RS (B) commercial threat intelligence produc- 1 tion entities; and 2 (C) energy infrastructure vendors and inte- 3 grators; and 4 (5) as appropriate, protect information sub- 5 mitted to and shared by the Center consistent with 6 applicable laws and regulations. 7 (d) NO RIGHT OR BENEFIT.— 8 (1) IN GENERAL.—The provision of assistance 9 or information to governmental or private entities 10 under this section shall be at the sole and 11 unreviewable discretion of the Secretary of Energy. 12 (2) CERTAIN ASSISTANCE OR INFORMATION.— 13 The provision of certain assistance or information to 14 a governmental or private entity pursuant to this 15 section shall not create a right or benefit, sub- 16 stantive or procedural, for any other governmental 17 or private entity to similar assistance or information. 18 (e) ENTITIES OF CONCERN.—No entity of concern 19 (as defined in section 10114(a) of the Research and Devel- 20 opment, Competition, and Innovation Act (Public Law 21 117–167)) shall participate in any manner in carrying out 22 the functions of the Center. 23 (f) NONAPPLICABILITY OF FACA.—The Center shall 24 be exempt from complying with the requirements of chap- 25 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 914 RS ter 10 of title 5, United States Code (including regula- 1 tions). 2 (g) SUNSET.—The effectiveness of this section shall 3 terminate on the date that is 10 years after the date of 4 enactment of this Act. 5 SECTION 1. SHORT TITLE. 6 This Act may be cited as the ‘‘Energy Threat Analysis 7 Program Act of 2024’’ or the ‘‘ETAP Act of 2024’’. 8 SEC. 2. DEFINITIONS. 9 In this Act: 10 (1) DEPARTMENT.—The term ‘‘Department’’ 11 means the Department of Energy. 12 (2) PROGRAM.—The term ‘‘Program’’ means the 13 energy threat analysis program established under sec- 14 tion 3. 15 (3) SECRETARY.—The term ‘‘Secretary’’ means 16 the Secretary of Energy. 17 SEC. 3. ENERGY THREAT ANALYSIS PROGRAM. 18 (a) IN GENERAL.—As part of the program developed 19 under section 40125(c) of the Infrastructure Investment and 20 Jobs Act (42 U.S.C. 18724(c)), the Secretary shall establish 21 an energy threat analysis program— 22 (1) to facilitate the establishment of 1 or more 23 operational collaboration facilities, known collectively 24 as the Energy Threat Analysis Center, and facilitate 25 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 914 RS public-private operational collaboration within those 1 facilities; 2 (2) to enhance situational awareness of threats to 3 the security of the energy sector; 4 (3) to analyze threats against the security of the 5 energy sector; 6 (4) to identify relevant security threat mitiga- 7 tion measures for energy systems; 8 (5) to support relevant response and restoration 9 activities for the energy sector under existing con- 10 structs; 11 (6) to inform research and development activities 12 in support of the security of critical energy systems, 13 technologies, and components; 14 (7) to conduct other security and resilience ef- 15 forts identified by the Secretary; 16 (8) to enhance and periodically test the emer- 17 gency response capabilities of the Department; 18 (9) to expand cooperation of the Department 19 with the intelligence community for energy sector-re- 20 lated threat collection and analysis; 21 (10) to enhance the tools of the Department and 22 the Electricity Information Sharing and Analysis 23 Center for monitoring the status of the energy sector; 24 and 25 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 914 RS (11) to expand industry participation in the 1 Electricity Information Sharing and Analysis Center. 2 (b) ADMINISTRATION.—The Program shall be— 3 (1) directed by the Secretary; 4 (2) managed by the Office of Cybersecurity, En- 5 ergy Security, and Emergency Response; and 6 (3) supported by the Office of Intelligence and 7 Counterintelligence. 8 (c) FUNCTIONS.—The functions of the Program shall 9 include— 10 (1) supporting public-private operational col- 11 laboration for the government and industry— 12 (A) to develop actionable operational infor- 13 mation relating to threats to the security of the 14 energy sector; and 15 (B) to develop and offer meaningful threat 16 mitigation advice and actions to enhance— 17 (i) the defense of, and response to secu- 18 rity threats to, the energy sector; and 19 (ii) the resilience of the United States 20 energy sector; 21 (2) enabling collaboration in the production and 22 exchange of information on threat activity among 23 government and industry to address energy security 24 and resilience and shared energy sector security 25 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 914 RS threats relating to national security, public health, 1 safety, and the economy; 2 (3) improving detailed understanding of na- 3 tional security risks associated with the energy sector 4 that are or could be exploited by adversaries, includ- 5 ing nation-states; 6 (4) achieving a deeper understanding of the tac- 7 tics, capabilities, and activities of threat actors that 8 have the potential to impact systemic risks to the en- 9 ergy sector; and 10 (5) facilitating increased collaboration between 11 government and industry, including the sharing of 12 information regarding actual acute threat activity, 13 including incidents, in a secure setting, physical and 14 virtual, to facilitate the energy security and resilience 15 of the United States. 16 (d) COORDINATION AND INTEGRATION.—In carrying 17 out the responsibilities of the Program, the Program shall— 18 (1) align priorities of and enable support from— 19 (A) the Department of Homeland Security, 20 including the Cybersecurity and Infrastructure 21 Security Agency; 22 (B) the Department of Defense, including 23 United States Cyber Command, the National Se- 24 curity Agency, and the Army Interagency Train- 25 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 914 RS ing and Education Center of the National Guard 1 Bureau; 2 (C) the Department of Justice, including the 3 Federal Bureau of Investigation; 4 (D) the Office of the Director of National 5 Intelligence; and 6 (E) other Federal agencies and departments, 7 as determined by the Secretary; 8 (2) ensure that the processes used by the Pro- 9 gram are performed in collaboration with the activi- 10 ties of the Department of Homeland Security and the 11 Department of Defense relating to cybersecurity, in- 12 cluding— 13 (A) the Joint Cyber Defense Collaborative of 14 the Cybersecurity and Infrastructure Security 15 Agency; and 16 (B) the Cybersecurity Collaboration Center 17 and Enduring Security Framework of the Na- 18 tional Security Agency; 19 (3) regularly consult with appropriate represent- 20 atives of non-Federal entities, such as— 21 (A) State, local, federally-recognized Tribal, 22 and territorial governments; 23 (B) information sharing and analysis orga- 24 nizations, including information sharing and 25 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 914 RS analysis centers such as the Electricity Informa- 1 tion Sharing and Analysis Center; and 2 (C) other appropriate representatives or en- 3 tities, including private entities, such as manu- 4 facturers and vendors, that contribute to the en- 5 ergy sector, as determined by the Secretary; 6 (4) leverage the existing capabilities and services 7 of advanced technology providers, including— 8 (A) National Laboratories with relevant ca- 9 pabilities; 10 (B) commercial threat intelligence produc- 11 tion and cyber incident response entities; and 12 (C) energy infrastructure vendors and inte- 13 grators; and 14 (5) as appropriate, protect information sub- 15 mitted to and shared by the Program consistent with 16 applicable laws, regulations, policies, and procedures. 17 (e) NO RIGHT OR BENEFIT.— 18 (1) IN GENERAL.—The provision of assistance or 19 information to governmental or private entities under 20 this section shall be at the sole and unreviewable dis- 21 cretion of the Secretary. 22 (2) CERTAIN ASSISTANCE OR INFORMATION.— 23 The provision of certain assistance or information to 24 a governmental or private entity pursuant to this sec- 25 VerDate Sep 11 2014 05:19 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S914.RS S914 kjohnson on DSK [Text truncated for display. Full text available on Congress.gov.]

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