,,ii  #aaith ,,congress  #ast ,session  
,s4 #aijb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bb1 #bjbe
 ,mr4 ,risch 7for himself and ,mr4      
,hickenlooper7 introduced the following 
bill2 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     
program1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,energy ,threat ,analysis ,program  
,act of #bjbe or the ,,etap ,act of     
#bjbe4  #b4 ,definitions ,in this ,act3 
7#a7 ,department ,the term ,department  
means the ,department of ,energy4  7#b7 
,program ,the term ,program means the   
energy threat analysis program          
established under section #c4  7#c7     
,secretary ,the term ,secretary means   
the ,secretary of ,energy4  #c4 ,energy 
,threat ,analysis ,program  7a7 ,in     
general ,as part of the program         
developed under section #djabe7;c7 of   

the ,infrastructure ,investment and     
,jobs ,act 7#db ,u4,s4,c4 #ahgbd7;c771  
the ,secretary shall establish an energy
 threat analysis program--  7#a7 under  
which the ,office of ,cybersecurity1    
,energy ,security1 and ,emergency       
,response1 in consultation with the     
,office of ,intelligence and            
,counterintelligence1 may establish1 for
 activities of the program to advance   
public-private operational              
collaboration-- 7,a7 an ,energy ,threat 
,analysis ,center as a physical         
location2 and  7,b7 any other additional
 facilities1 as necessary2  7#b7 to     
enhance situational awareness of threats
 to the security of the energy sector2  
7#c7 to analyze threats against the     
security of the energy sector2  7#d7 to 
identify relevant security threat       
mitigation measures for energy systems2 
7#e7 to support relevant response and   
restoration activities for the energy   
sector under existing constructs2  7#f7 
to inform research and development      

activities in support of the security of
 critical energy systems1 technologies1 
and components2  7#g7 to conduct other  
security and resilience efforts         
identified by the ,secretary2  7#h7 to  
enhance and periodically test the       
emergency response capabilities of the  
,department2  7#i7 to expand cooperation
 of the ,department with the            
intelligence community for energy       
sector-related threat collection and    
analysis2  7#aj7 to enhance the tools of
 the ,department and the ,electricity   
,information ,sharing and ,analysis     
,center for monitoring the status of the
 energy sector2 and  7#aa7 to expand    
industry participation in the           
,electricity ,information ,sharing and  
,analysis ,center4  7b7 ,administration 
,the ,program shall be--  7#a7 directed 
by the ,secretary2  7#b7 managed by the 
,office of ,cybersecurity1 ,energy      
,security1 and ,emergency ,response2 and
  7#c7 supported by the ,office of      
,intelligence and ,counterintelligence4 

7c7 ,functions ,the functions of the    
,program shall include--  7#a7          
supporting public-private operational   
collaboration for the government and    
industry-- 7,a7 to develop actionable   
operational information relating to     
threats to the security of the energy   
sector2 and  7,b7 to develop and offer  
meaningful threat mitigation advice and 
actions to enhance-- 7i7 the defense of1
 and response to security threats to1   
the energy sector2 and  7ii7 the        
resilience of the ,united ,states energy
 sector2  7#b7 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 security1 public   
health1 safety1 and the economy2  7#c7  
improving detailed understanding of     
national security risks associated with 
the energy sector that are or could be  
exploited by adversaries1 including     

nation-states2  7#d7 achieving a deeper 
understanding of the tactics1           
capabilities1 and activities of threat  
actors that have the potential to impact
 systemic risks to the energy sector2   
and  7#e7 facilitating increased        
collaboration between government and    
industry1 including the sharing of      
information regarding actual acute      
threat activity1 including incidents1 in
 a secure setting1 physical and virtual1
 to facilitate the energy security and  
resilience of the ,united ,states4  7d7 
,coordination and integration ,in       
carrying out the responsibilities of the
 ,program1 the ,program shall--  7#a7   
align priorities of and enable support  
from-- 7,a7 the ,department of ,homeland
 ,security1 including the ,cybersecurity
 and ,infrastructure ,security ,agency2 
7,b7 the ,department of ,defense1       
including ,united ,states ,cyber        
,command1 the ,national ,security       
,agency1 and the ,army ,interagency     
,training and ,education ,center of the 

,national ,guard ,bureau2  7,c7 the     
,department of ,justice1 including the  
,federal ,bureau of ,investigation2     
7,d7 the ,office of the ,director of    
,national ,intelligence2 and  7,e7 other
 ,federal agencies and departments1 as  
determined by the ,secretary2  7#b7     
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     
cybersecurity1 including-- 7,a7 the     
,joint ,cyber ,defense ,collaborative of
 the ,cybersecurity and ,infrastructure 
,security ,agency2 and  7,b7 the        
,cybersecurity ,collaboration ,center   
and ,enduring ,security ,framework of   
the ,national ,security ,agency2  7#c7  
regularly consult with appropriate      
representatives of non-,federal         
entities1 such as--  7,a7 ,state1 local1
 federally recognized ,tribal1 and      
territorial governments2  7,b7          
information sharing and analysis        

organizations1 including information    
sharing and analysis centers such as the
 ,electricity ,information ,sharing and 
,analysis ,center2 and  7,c7 other      
appropriate representatives or entities1
 including private entities1 such as    
manufacturers and vendors1 that         
contribute to the energy sector1 as     
determined by the ,secretary2  7#d7     
leverage the existing capabilities and  
services of advanced technology         
providers1 including--  7,a7 ,national  
,laboratories with relevant             
capabilities2  7,b7 commercial threat   
intelligence production and cyber       
incident response entities2 and  7,c7   
energy infrastructure vendors and       
integrators2 and  7#e7 as appropriate1  
protect information submitted to and    
shared by the ,program consistent with  
applicable laws1 regulations1 policies1 
and procedures4  7e7 ,no right or       
benefit  7#a7 ,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          
,secretary4  7#b7 ,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 benefit1 substantive or procedural1 
for any other governmental or private   
entity to similar assistance or         
information4  7f7 ,entities of concern  
,no entity of concern 7as defined in    
section #ajaad7;a7 of the ,research and 
,development1 ,competition1 and         
,innovation ,act 7#db ,u4,s4,c4         
#ahiab7;a777 shall participate in any   
manner in carrying out the functions of 
the ,program4  7g7 ,termination ,the    
,program shall terminate on the date    
that is #aj years after the date of     
enactment of this ,act4  7h7            
,nonapplicability of ,,faca ,the        
,program shall be exempt from complying 
with the requirements of chapter #aj of 
title #e1 ,united ,states ,code         

7including regulations74  7i7 ,exemption
 from disclosure ,information shared by 
or with the ,federal ,government or a   
,state1 ,tribal1 or local government    
under this ,act shall be--  7#a7 deemed 
to be voluntarily shared information2   
7#b7 exempt from disclosure under       
section #eeb of title #e1 ,united       
,states ,code1 or any provision of any  
,state1 ,tribal1 or local freedom of    
information law1 open government law1   
open meetings law1 open records law1    
sunshine law1 or similar law requiring  
the disclosure of information or        
records2 and  7#c7 withheld from the    
public1 without discretion1 under       
section #eeb7;b77#c7 of title #e1       
,united ,states ,code1 or any provision 
of any ,state1 ,tribal1 or local law    
requiring the nondisclosure of sensitive
 information or records4  7j7 ,report   
,the ,secretary shall submit to         
,congress an annual report that         
describes1 for the year covered by the  
report--  7#a7 the achievements of the  

,program2 and  7#b7 areas for           
improvement with respect to the         
activities and operations of the        
,program4  7k7 ,authorization of        
appropriations ,there is authorized to  
be appropriated to the ,secretary to    
carry out this section #ej1jjj1jjj for  
the period of fiscal years #bjbe through
 #bjbi4