119-s1902

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1902 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1902

 To require the Secretary of Energy to establish an energy threat 
 analysis program, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 22, 2025

 Mr. Risch (for himself and Mr. Hickenlooper) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
 Natural Resources

_______________________________________________________________________

 A BILL

 To require the Secretary of Energy to establish an energy threat 
 analysis program, and for other purposes.

 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 Program Act 
of 2025'' or the ``ETAP Act of 2025''.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Department.--The term ``Department'' means the 
 Department of Energy.

    (2) Program.--The term ``Program'' means the energy threat 
 analysis program established under 

section 3.

    (3) Secretary.--The term ``Secretary'' means the Secretary 
 of Energy.

SEC. 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) under which the Office of Cybersecurity, Energy 
 Security, and Emergency Response, in consultation with the 
 Office of Intelligence and Counterintelligence, may establish, 
 for activities of the program to advance public-private 
 operational collaboration--
        (A) an Energy Threat Analysis Center as a physical 
 location; and
        (B) any other additional facilities, as necessary;

    (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.

    (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; 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 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;

    (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 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.
            (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;
        (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;

    (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; 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; 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;

    (4) leverage the existing capabilities and services of 
 advanced technology providers, including--
        (A) National Laboratories with relevant 
 capabilities;
        (B) commercial threat intelligence production and 
 cyber incident response entities; and
            (C) energy infrastructure vendors and integrators; 
 and

    (5) as appropriate, protect information submitted to and 
 shared by the Program consistent with applicable laws, 
 regulations, policies, and procedures.

    (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.

    (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.

    (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. 18912

    (a) )) shall participate in any manner in 
carrying out the functions of the Program.

    (g) Termination.--The Program shall terminate on the date that is 
10 years after the date of enactment of this Act.

    (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 this section $50,000,000 for 
the period of fiscal years 2025 through 2029.
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