United States 118th Congress Status: In Committee 1 R cosponsors

S 914 — ETAP Act of 2024

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 580.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

241 added · 54 removed

Plain-language change summary

The amendment removes the section that establishes the short title of the bill and eliminates several detailed functions of the energy threat analysis center. The updated version focuses primarily on the establishment of the center and its main purposes, such as enhancing situational awareness of energy security threats and supporting response activities. This change simplifies the text and clarifies the center's essential functions, which may help in streamlining its operations and objectives.

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914 Introduced in Senate (IS)] <DOC> 118th CONGRESS 1st Session S.
914 Reported in Senate (RS)] <DOC> Calendar No.
580 118th CONGRESS 2d Session S.
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.
which was read twice and referred to the Committee on Energy and Natural Resources November 21, 2024 Reported by Mr.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
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 Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Energy Threat Analysis Center Establishment Act of 2023'' or the ``ETAC Establishment Act of 2023''.</DELETED> <DELETED>SEC.
2.
ENERGY THREAT ANALYSIS CENTER.</DELETED> <DELETED> (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'')--</DELETED> <DELETED> (1) to enhance situational awareness of threats to the security of the energy sector;</DELETED> <DELETED> (2) to analyze threats against the security of the energy sector;</DELETED> <DELETED> (3) to identify relevant security threat mitigation measures for energy systems;
and</DELETED> <DELETED> (4) to support relevant response and restoration activities for the energy sector under existing constructs.</DELETED> <DELETED> (b) Functions.--The functions of the Center shall include--</DELETED> <DELETED> (1) establishing an operational collaborative environment, physical and virtual, for the government and industry--</DELETED> <DELETED> (A) to develop actionable operational information relating to threats to the security of the energy sector;
and</DELETED> <DELETED> (B) to develop and offer meaningful threat mitigation advice and actions to enhance--</DELETED> <DELETED> (i) the defense of, and response to security threats to, the energy sector;
and</DELETED> <DELETED> (ii) the resilience of the United States energy sector;</DELETED> <DELETED> (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;</DELETED> <DELETED> (3) improving detailed understanding of national security risks associated with the energy sector that are or could be exploited by adversaries, including nation- states;</DELETED> <DELETED> (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</DELETED> <DELETED> (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.</DELETED> <DELETED> (c) Coordination and Integration.--In carrying out the responsibilities of the Center, the Center shall--</DELETED> <DELETED> (1) coordinate with--</DELETED> <DELETED> (A) the Department of Homeland Security, including the Cybersecurity and Infrastructure Security Agency;</DELETED> <DELETED> (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;</DELETED> <DELETED> (C) the Department of Justice, including the Federal Bureau of Investigation;</DELETED> <DELETED> (D) the Office of the Director of National Intelligence;
and</DELETED> <DELETED> (E) other Federal agencies and departments, as determined by the Secretary of Energy;</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) the Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency;
and</DELETED> <DELETED> (B) the Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency;</DELETED> <DELETED> (3) regularly consult with appropriate representatives of non-Federal entities, such as--</DELETED> <DELETED> (A) State, local, federally-recognized Tribal, and territorial governments;</DELETED> <DELETED> (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;</DELETED> <DELETED> (C) owners and operators of energy sector infrastructure;
and</DELETED> <DELETED> (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;</DELETED> <DELETED> (4) leverage the capabilities and services of advanced technology providers, including--</DELETED> <DELETED> (A) National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801)) with relevant capabilities;</DELETED> <DELETED> (B) commercial threat intelligence production entities;
and</DELETED> <DELETED> (C) energy infrastructure vendors and integrators;
and</DELETED> <DELETED> (5) as appropriate, protect information submitted to and shared by the Center consistent with applicable laws and regulations.</DELETED> <DELETED> (d) No Right or Benefit.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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).</DELETED> <DELETED> (g) Sunset.--The effectiveness of this section shall terminate on the date that is 10 years after the date of enactment of this Act.</DELETED> SECTION 1.
This Act may be cited as the ``Energy Threat Analysis Center Establishment Act of 2023'' or the ``ETAC Establishment Act of 2023''.
This Act may be cited as the ``Energy Threat Analysis Program Act of 2024'' or the ``ETAP Act of 2024''.
ENERGY THREAT ANALYSIS CENTER.
DEFINITIONS.
(a) Establishment.--As part of the program developed under section 40125(c) of the Infrastructure Investment and Jobs Act (42 U.S.C.
In this Act:
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;
(1) Department.--The term ``Department'' means the Department of Energy.
(2) to analyze threats against the security of the energy sector;
(2) Program.--The term ``Program'' means the energy threat analysis program established under section 3.
(3) to identify relevant security threat mitigation measures for energy systems;
(3) Secretary.--The term ``Secretary'' means the Secretary of Energy.
and (4) to support relevant response and restoration activities for the energy sector under existing constructs.
SEC.
(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;
3.
ENERGY THREAT ANALYSIS PROGRAM.
(a) In General.--As part of the program developed under section 40125(c) of the Infrastructure Investment and Jobs Act (42 U.S.C.
18724(c)), the Secretary shall establish an energy threat analysis program-- (1) to facilitate the establishment of 1 or more operational collaboration facilities, known collectively as the Energy Threat Analysis Center, and facilitate public-private operational collaboration within those facilities;
(2) to enhance situational awareness of threats to the security of the energy sector;
(3) to analyze threats against the security of the energy sector;
(4) to identify relevant security threat mitigation measures for energy systems;
(5) to support relevant response and restoration activities for the energy sector under existing constructs;
(6) to inform research and development activities in support of the security of critical energy systems, technologies, and components;
(7) to conduct other security and resilience efforts identified by the Secretary;
(8) to enhance and periodically test the emergency response capabilities of the Department;
(9) to expand cooperation of the Department with the intelligence community for energy sector-related threat collection and analysis;
(10) to enhance the tools of the Department and the Electricity Information Sharing and Analysis Center for monitoring the status of the energy sector;
and (11) to expand industry participation in the Electricity Information Sharing and Analysis Center.
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(b) Administration.--The Program shall be-- (1) directed by the Secretary;
(2) managed by the Office of Cybersecurity, Energy Security, and Emergency Response;
and (3) supported by the Office of Intelligence and Counterintelligence.
(c) Functions.--The functions of the Program shall include-- (1) supporting public-private operational collaboration for the government and industry-- (A) to develop actionable operational information relating to threats to the security of the 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;
(2) enabling collaboration in the production and 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;
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.
and (5) facilitating increased collaboration between government and industry, including the sharing of information regarding 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;
(d) Coordination and Integration.--In carrying out the responsibilities of the Program, the Program shall-- (1) align priorities of and enable support from-- (A) the Department of Homeland Security, including the Cybersecurity and Infrastructure Security Agency;
and (E) other Federal agencies and departments, as determined by the Secretary of Energy;
and (E) other Federal agencies and departments, as determined by the Secretary;
(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;
(2) ensure that the processes used by the Program 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;
(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;
(B) information sharing and analysis organizations, including information sharing and analysis centers such as the Electricity Information Sharing and Analysis Center;
(C) owners and operators of energy sector infrastructure;
and (C) other appropriate representatives or entities, including private entities, such as manufacturers and vendors, that contribute to the energy sector, as determined by the Secretary;
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 existing capabilities and services of advanced technology providers, including-- (A) National Laboratories with relevant capabilities;
(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.
(B) commercial threat intelligence production and cyber incident response entities;
15801)) with relevant capabilities;
(B) commercial threat intelligence production entities;
and (5) as appropriate, protect information submitted to and shared by the Center consistent with applicable laws and regulations.
and (5) as appropriate, protect information submitted to and shared by the Program consistent with applicable laws, regulations, policies, and procedures.
(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.
(e) 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.
(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) Entities of Concern.--No entity of concern (as defined in section 10114(a) of the Research and Development, Competition, and Innovation Act (42 U.S.C.
(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).
18912(a))) shall participate in any manner in carrying out the functions of the Program.
(g) Sunset.--The effectiveness of this section shall terminate on the date that is 10 years after the date of enactment of this Act.
(g) Termination.--The Program shall terminate on the date that is years after the date of enactment of this Act.
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(h) Nonapplicability of FACA.--The Program shall be exempt from complying with the requirements of chapter 10 of title 5, United States Code (including regulations).
(i) Exemption From Disclosure.--Information shared by or with the Federal Government or a State, Tribal, or local government under this Act shall be-- (1) deemed to be voluntarily shared information;
(2) exempt from disclosure under section 552 of title 5, United States Code, or any provision of any State, Tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records;
and (3) withheld from the public, without discretion, under section 552(b)(3) of title 5, United States Code, or any provision of any State, Tribal, or local law requiring the nondisclosure of sensitive information or records.
(j) Report.--The Secretary shall submit to Congress an annual report that describes, for the year covered by the report-- (1) the achievements of the Program;
and (2) areas for improvement with respect to the activities and operations of the Program.
(k) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out section 40125(c)(2) of the Infrastructure Investment and Jobs Act (42 U.S.C.
18724(c)(2)) $50,000,000 for the period of fiscal years 2025 through 2029.
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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Sections of law this bill changes

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Also cites: 5 U.S.C. § 552, 42 U.S.C. § 15801, 42 U.S.C. § 18724, 42 U.S.C. § 18912

Action History

  1. Committee on Energy and Natural Resources. Reported by Senator Manchin with an amendment in the nature of a substitute. Without written report.

  2. Committee on Energy and Natural Resources. Reported by Senator Manchin with an amendment in the nature of a substitute. Without written report.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 580.

  4. Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Introduced in Senate

  6. Read twice and referred to the Committee on Energy and Natural Resources.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors S 914?
S 914 is sponsored by Risch, James E. (Republican).
What is the current status of S 914?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 914?
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