Sec. 2. Energy threat analysis center
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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 )— to enhance situational awareness of threats to the security of the energy sector; to analyze threats against the security of the energy sector; to identify relevant security threat mitigation measures for energy systems; and to support relevant response and restoration activities for the energy sector under existing constructs.
The functions of the Center shall include— establishing an operational collaborative environment, physical and virtual, for the government and industry— to develop actionable operational information relating to threats to the security of the energy sector; and to develop and offer meaningful threat mitigation advice and actions to enhance— the defense of, and response to security threats to, the energy sector; and the resilience of the United States energy sector; 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; improving detailed understanding of national security risks associated with the energy sector that are or could be exploited by adversaries, including nation-states; 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 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.
In carrying out the responsibilities of the Center, the Center shall— coordinate with— the Department of Homeland Security, including the Cybersecurity and Infrastructure Security Agency; 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; the Department of Justice, including the Federal Bureau of Investigation; the Office of the Director of National Intelligence; and other Federal agencies and departments, as determined by the Secretary of Energy; 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— the Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency; and the Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency; regularly consult with appropriate representatives of non-Federal entities, such as— State, local, federally-recognized Tribal, and territorial governments; 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; owners and operators of energy sector infrastructure; and 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; leverage the capabilities and services of advanced technology providers, including— National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )) with relevant capabilities; commercial threat intelligence production entities; and energy infrastructure vendors and integrators; and as appropriate, protect information submitted to and shared by the Center consistent with applicable laws and regulations.
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. 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. 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.
The Center shall be exempt from complying with the requirements of chapter 10 of title 5, United States Code (including regulations). The effectiveness of this section shall terminate on the date that is 10 years after the date of enactment of this Act.
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