Bills of Congress by U.S. Congress

S.1902 - Energy Threat Analysis Program Act of 2025; ETAP Act of 2025 (119th Congress)

Summary

The Energy Threat Analysis Program Act of 2025 (ETAP Act of 2025) aims to enhance the security and resilience of the United States energy sector by establishing an energy threat analysis program within the Department of Energy (DOE). This program will be managed by the Office of Cybersecurity, Energy Security, and Emergency Response, supported by the Office of Intelligence and Counterintelligence. It focuses on public-private collaboration to analyze and mitigate threats to energy systems.

The Act mandates the creation of an Energy Threat Analysis Center and other necessary facilities to improve situational awareness and response capabilities. It also emphasizes cooperation with various federal agencies, including the Department of Homeland Security, Department of Defense, and the intelligence community. The program is set to terminate 10 years after enactment and is exempt from certain federal advisory committee requirements and information disclosure laws.

Finally, the Act authorizes $50 million in appropriations for fiscal years 2025 through 2029 to carry out the program's objectives and requires the Secretary of Energy to submit annual reports to Congress on the program's achievements and areas for improvement.

Expected Effects

The ETAP Act will likely result in improved cybersecurity and resilience of the US energy sector by fostering better information sharing and collaboration between government and private entities. This will lead to enhanced threat detection, mitigation, and response capabilities, reducing the vulnerability of critical energy infrastructure. The program's focus on public-private partnerships and interagency coordination should streamline efforts to address emerging threats.

Furthermore, the Act's emphasis on research and development activities will promote innovation in energy security technologies. The exemption from certain disclosure requirements could facilitate more open sharing of sensitive threat information. However, the termination clause and reliance on appropriations may introduce uncertainty regarding the program's long-term sustainability.

Overall, the Act is expected to strengthen the nation's ability to protect its energy infrastructure from cyberattacks and other threats, contributing to greater energy security and reliability.

Potential Benefits

  • Enhanced security of the energy sector against cyberattacks and other threats.
  • Improved information sharing and collaboration between government and private entities.
  • Development of actionable operational information and threat mitigation strategies.
  • Increased resilience of the energy sector to disruptions.
  • Support for research and development in energy security technologies.

Potential Disadvantages

  • Potential for overreach or mission creep by the Department of Energy.
  • Possible conflicts or duplication of efforts with other agencies.
  • Concerns about privacy and civil liberties due to information sharing.
  • Dependence on continued appropriations for program sustainability.
  • Risk of creating bureaucratic inefficiencies.

Constitutional Alignment

The ETAP Act appears to align with the US Constitution, particularly the clauses related to providing for the common defense and promoting the general welfare. Article I, Section 8 grants Congress the power to provide for the common defense, which can be interpreted to include protecting critical infrastructure like the energy sector from threats.

The Act's focus on national security and resilience also resonates with the government's responsibility to ensure domestic tranquility. The emphasis on collaboration with other federal agencies and the private sector reflects a pragmatic approach to addressing complex security challenges. However, the exemptions from certain disclosure requirements could raise concerns about transparency and accountability.

Overall, the Act seems to operate within the bounds of constitutional authority, although careful oversight is needed to ensure that it does not infringe on individual liberties or exceed the scope of federal power.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).