Energy Threat Analysis Center Act of 2026
Officially: “Energy Threat Analysis Center Act of 2026” Read the full text
What it does
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1Short title
This section would let the Act be called the Energy Threat Analysis Center Act of 2026.
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1. Short title This Act may be cited as the Energy Threat Analysis Center Act of 2026 .
2Energy Sector Operational Support for Cyberresilience Program
This section would amend Section 40125(c) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18724(c)), which sets out the Department of Energy's Energy Sector Operational Support for Cyberresilience Program. It would add a new purpose to the program, placed first in the list of the program's purposes: strengthening the collective defense, response, and resilience of the United States energy sector. That new purpose covers three things. First, the program would enhance collaboration between the government and the energy sector to analyze threats to the energy sector and to deny, disrupt, and mitigate the operational impact of those threats on energy systems. It would do this by exchanging information at the classified and unclassified level, jointly analyzing potential and realized threats, and giving mitigation recommendations that benefit the broader energy sector, and by increasing operational collaboration through building the technical infrastructure needed to house, access, and run advanced analytics and experimentation, so as to enable analysis, discovery, alerts, and collaboration involving intelligence-driven and intelligence-informed technical data, knowledge, and threat information, and to share actionable insights and threat mitigation. Second, the program would advance the collective understanding of national security risks and vulnerabilities associated with the energy sector that adversaries could exploit. Third, the program would increase the energy sector's understanding of threat actor tactics, techniques, procedures, indicators of compromise, capabilities, and activities that present risks to the sector. The program's other, already-existing listed purposes would remain part of the law, renumbered to make room for this new one; the text of the bill does not reproduce what those existing purposes say, so this rendering cannot describe their content. Of those existing purposes, the last one would be removed entirely and would no longer be part of the program's purposes; the bill text does not show what that removed purpose said. The section would also add several new provisions to the program. The Secretary of Energy could carry out any of the program's activities through an Energy Threat Analysis Center, which could be set up at one or more physical locations. Any decision to give assistance or information under the program to a governmental or private entity would be left entirely to the Secretary's own discretion, and that decision could not be reviewed. Giving assistance or information to one governmental or private entity would not create any right or benefit, substantive or procedural, for any other governmental or private entity to receive similar assistance or information. The program would not count as an advisory committee under chapter 10 of title 5, United States Code (the Federal Advisory Committee Act). Information shared by or with the federal government or a state, tribal, or local government under the program would be treated as voluntarily shared information that is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) and under any state, tribal, or local law that would otherwise require disclosure of information or records, and that information would have to be withheld from the public, without exception, under the Freedom of Information Act provision at 5 U.S.C. 552(b)(3)(B) and any similar state, tribal, or local disclosure law. Finally, the paragraph that authorizes appropriations for the program would be renumbered and extended so that the years it covers run from 2027 through 2031 instead of 2022 through 2026.
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2. Energy Sector Operational Support for Cyberresilience Program Section 40125(c) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18724(c) ) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; (B) by inserting before subparagraph (B), as so redesignated, the following: (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. ; (C) in subparagraph (D), as so redesignated, by striking sector; and inserting sector; and ; (D) in subparagraph (E), as so redesignated, by striking ; and and inserting . ; and (E) by striking subparagraph (F), as so redesignated; (2) by redesignating paragraph (2) as paragraph (6); (3) by inserting after paragraph (1) the following: (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. ; and (4) in paragraph (6), as so redesignated, by striking 2022 through 2026 and inserting 2027 through 2031 .
Where it is
In the House.