HR 7305 — Energy Threat Analysis Center Act of 2026

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 INFRASTRUCTURE INVESTMENT AND JOBS ACT

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 DIVISION D--ENERGY

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 TITLE I--GRID INFRASTRUCTURE AND RESILIENCY

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 Subtitle B--Cybersecurity

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SEC. 40125. ENHANCED GRID SECURITY.

 (a) Definitions.--In this section:
 (1) Electric utility.--The term ``electric utility'' 
 has the meaning given the term in section 3 of the 
 Federal Power Act (16 U.S.C. 796).
 (2) E-ISAC.--The term ``E-ISAC'' means the 
 Electricity Information Sharing and Analysis Center.
 (b) Cybersecurity for the Energy Sector Research, 
Development, and Demonstration Program.--
 (1) In general.--The Secretary, in coordination with 
 the Secretary of Homeland Security and in consultation 
 with, as determined appropriate, other Federal 
 agencies, the energy sector, the States, Indian Tribes, 
 Tribal organizations, territories or freely associated 
 states, and other stakeholders, shall develop and carry 
 out a program--
 (A) to develop advanced cybersecurity 
 applications and technologies for the energy 
 sector--
 (i) to identify and mitigate 
 vulnerabilities, including--
 (I) dependencies on other 
 critical infrastructure;
 (II) impacts from weather and 
 fuel supply;
 (III) increased dependence on 
 inverter-based technologies; 
 and
 (IV) vulnerabilities from 
 unpatched hardware and software 
 systems; and
 (ii) to advance the security of field 
 devices and third-party control 
 systems, including--
 (I) systems for generation, 
 transmission, distribution, end 
 use, and market functions;
 (II) specific electric grid 
 elements including advanced 
 metering, demand response, 
 distribution, generation, and 
 electricity storage;
 (III) forensic analysis of 
 infected systems;
 (IV) secure communications; 
 and
 (V) application of in-line 
 edge security solutions;
 (B) to leverage electric grid architecture as 
 a means to assess risks to the energy sector, 
 including by implementing an all-hazards 
 approach to communications infrastructure, 
 control systems architecture, and power systems 
 architecture;
 (C) to perform pilot demonstration projects 
 with the energy sector to gain experience with 
 new technologies;
 (D) to develop workforce development 
 curricula for energy sector-related 
 cybersecurity; and
 (E) to develop improved supply chain concepts 
 for secure design of emerging digital 
 components and power electronics.
 (2) Authorization of appropriations.--There is 
 authorized to be appropriated to the Secretary to carry 
 out this subsection $250,000,000 for the period of 
 fiscal years 2022 through 2026.
 (c) Energy Sector Operational Support for Cyberresilience 
Program.--
 (1) In general.--The Secretary may develop and carry 
 out a program--
 (A) to strengthen the collective defense, 
 response, and resilience of the United States 
 energy sector--
 (i) by enhancing collaboration 
 between the government and the energy 
 sector to analyze threats to the energy 
 sector and to deny, disrupt, and 
 mitigate operational impacts to energy 
 systems--
 (I) by exchanging information 
 at the classified and 
 unclassified level, 
 collectively analyzing 
 potential and realized threats, 
 and providing recommendations 
 to mitigate these threats that 
 benefit the broader energy 
 sector; and
 (II) by increasing 
 operational collaboration 
 through establishing the 
 technical infrastructure 
 necessary to house, access, and 
 perform advanced analytics and 
 experimentation to enable 
 analysis, discovery, alerts, 
 and collaboration activities of 
 intelligence-driven and 
 intelligence-informed technical 
 data and knowledge, threat 
 information and to share 
 actionable insights and threat 
 mitigation;
 (ii) by advancing the collective 
 understanding of national security 
 risks and vulnerabilities associated 
 with the energy sector that may be 
 exploited by adversaries; and
 (iii) by increasing the energy 
 sector's understanding of threat actor 
 tactics, techniques, procedures, 
 indicators of compromise, capabilities, 
 and activities that present risks to 
 the energy sector;
 [(A)] (B) to enhance and periodically test--
 (i) the emergency response 
 capabilities of the Department; and
 (ii) the coordination of the 
 Department with other agencies, the 
 National Laboratories, and private 
 industry;
 [(B)] (C) to expand cooperation of the 
 Department with the intelligence community for 
 energy sector-related threat collection and 
 analysis;
 [(C)] (D) to enhance the tools of the 
 Department and E-ISAC for monitoring the status 
 of the energy [sector;] sector; and
 [(D)] (E) to expand industry participation in 
 E-ISAC[; and].
 [(E) to provide technical assistance to small 
 electric utilities for purposes of assessing 
 and improving cybermaturity levels and 
 addressing gaps identified in the assessment.]
 (2) Energy threat analysis center.--The Secretary may 
 carry out any activity of the program developed and 
 carried out under paragraph (1) through an Energy 
 Threat Analysis Center, which may be established at one 
 or more physical locations.
 (3) No right or benefit.--
 (A) Secretarial authority.--The provision of 
 assistance or information under the program 
 developed and carried out under paragraph (1) 
 to a governmental or private entity shall be at 
 the sole and unreviewable discretion of the 
 Secretary.
 (B) Provision of assistance or information.--
 The provision of assistance or information 
 under the program developed and carried out 
 under paragraph (1) to a governmental or 
 private entity shall not create a right or 
 benefit, substantive or procedural, for any 
 other governmental or private entity to similar 
 assistance or information.
 (4) Nonapplicability of faca.--The program developed 
 and carried out under paragraph (1) shall not be 
 considered an advisory committee under chapter 10 of 
 title 5, United States Code.
 (5) Exemption from disclosure.--Information shared by 
 or with the Federal Government or a State, Tribal, or 
 local government under the program developed and 
 carried out under paragraph (1) shall be--
 (A) deemed voluntarily shared information and 
 exempt from disclosure under section 552 of 
 title 5, United States Code, and any State, 
 Tribal, or local provision of law requiring 
 disclosure of information or records; and
 (B) withheld, without discretion, from the 
 public under section 552(b)(3)(B) of title 5, 
 United States Code, and any State, Tribal, or 
 local provision of law requiring disclosure of 
 information or records.
 (6) Transaction authority.--
 (A) In general.--In addition to any other 
 authority granted to the Secretary under any 
 other provision of law, the Secretary is 
 authorized to enter into and perform contracts, 
 cooperative agreements, grants, and other 
 transactions with public agencies, private 
 organizations, and persons to carry out the 
 program developed and carried out under 
 paragraph (1).
 (B) Minimizing delays.--The Secretary may 
 establish and utilize pre-approved national 
 security contracting mechanisms, model 
 partnership agreements, and expedited review 
 procedures for purposes of entering into 
 transactions under subparagraph (A).
 [(2)] (7) Authorization of appropriations.--There is 
 authorized to be appropriated to the Secretary to carry 
 out this subsection $50,000,000 for the period of 
 fiscal years [2022 through 2026] 2027 through 2031.
 (d) Modeling and Assessing Energy Infrastructure Risk.--
 (1) In general.--The Secretary, in coordination with 
 the Secretary of Homeland Security, shall develop and 
 carry out an advanced energy security program to secure 
 energy networks, including--
 (A) electric networks;
 (B) natural gas networks; and
 (C) oil exploration, transmission, and 
 delivery networks.
 (2) Security and resiliency objective.--The objective 
 of the program developed under paragraph (1) is to 
 increase the functional preservation of electric grid 
 operations or natural gas and oil operations in the 
 face of natural and human-made threats and hazards, 
 including electric magnetic pulse and geomagnetic 
 disturbances.
 (3) Eligible activities.--In carrying out the program 
 developed under paragraph (1), the Secretary may--
 (A) develop capabilities to identify 
 vulnerabilities and critical components that 
 pose major risks to grid security if destroyed 
 or impaired;
 (B) provide modeling at the national level to 
 predict impacts from natural or human-made 
 events;
 (C) add physical security to the 
 cybersecurity maturity model;
 (D) conduct exercises and assessments to 
 identify and mitigate vulnerabilities to the 
 electric grid, including providing mitigation 
 recommendations;
 (E) conduct research on hardening solutions 
 for critical components of the electric grid;
 (F) conduct research on mitigation and 
 recovery solutions for critical components of 
 the electric grid; and
 (G) provide technical assistance to States 
 and other entities for standards and risk 
 analysis.
 (4) Savings provision.--Nothing in this section 
 authorizes new regulatory requirements.
 (5) Authorization of appropriations.--There is 
 authorized to be appropriated to the Secretary to carry 
 out this subsection $50,000,000 for the period of 
 fiscal years 2022 through 2026.

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