I 

118TH CONGRESS 

2D SESSION H. R. 9768 

To amend the Homeland Security Act of 2002 to establish within the Cybersecurity and Infrastructure Security Agency a Joint Cyber Defense Collaborative, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2024 

Mr. SWALWELL (for himself and Mr. THOMPSON of Mississippi) introduced 

the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Oversight and Accountability, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To amend the Homeland Security Act of 2002 to establish 

within the Cybersecurity and Infrastructure Security 

Agency a Joint Cyber Defense Collaborative, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Joint Cyber Defense 

5 Collaborative Act’’. 


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1 SEC. 2. ESTABLISHMENT OF JOINT CYBER DEFENSE COL2 LABORATIVE. 

3 (a) IN GENERAL.—Section 2216 of the Homeland 

4 Security Act of 2002 (6 U.S.C. 665b) is amended— 

5 (1) in the section heading, by striking ‘‘JOINT

6 CYBER PLANNING OFFICE’’ and inserting ‘‘JOINT

7 CYBER DEFENSE COLLABORATIVE’’; 

8 (2) by striking subsection (a); 

9 (3) by redesignating subsections (b) through (f) 

10 as subsections (f) through (j), respectively; 

11 (4) by inserting before subsection (f), as so re12 designated, the following new subsections: 

13 ‘‘(a) IN GENERAL.—The Agency shall maintain the 

14 ‘Joint Cyber Defense Collaborative’ program (in this sec15 tion referred to as the ‘Collaborative’) to support enhanced 

16 public-private partnerships across critical infrastructure 

17 sectors for collective cyber defense operations, information 

18 sharing, and operational collaboration, and develop, for 

19 Federal and non-Federal entities, plans for cyber defense 

20 operations, including the development of a set of coordi21 nated actions to detect, prevent, limit, prepare for, miti22 gate, protect against, respond to, recover from, and build 

23 resilience to cybersecurity risks, security vulnerabilities, 

24 and incidents, and cybersecurity threats to, and incidents 

25 or active malicious cyber operations targeting, critical in26 frastructure or national interests. The Collaborative shall 


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1 be headed by a senior official of the Agency selected by 

2 the Director. 

3 ‘‘(b) FUNCTIONS.—The Collaborative shall carry out 

4 the following: 

5 ‘‘(1) Maintain strategic, operational partner6 ships with entities and organizations with diverse cy7 bersecurity roles, expertise, and situational aware8 ness that will enhance the Agency’s situational 

9 awareness of cybersecurity risks, cybersecurity 

10 threats, and active malicious cyber operations, in11 cluding with cybersecurity and technology compa12 nies, critical infrastructure owners and operators, se13 curity researchers and academic institutions, non14 governmental organizations, information system ven15 dors, manufacturers, and foreign government enti16 ties in accordance with subsection (c), and other en17 tities as appropriate. 

18 ‘‘(2) Develop, for public and private sector enti19 ties, plans for cyber defense operations, including 

20 the development of a set of coordinated actions to 

21 support governmental and non-governmental entities 

22 to— 

23 ‘‘(A) protect, detect, respond to, and re24 cover from cybersecurity risks, cybersecurity 


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1 threats, active malicious cyber operations, or in2 cidents; or 

3 ‘‘(B) limit, mitigate, or defend against ac4 tive or anticipated malicious cyber operations 

5 that pose a potential risk to critical infrastruc6 ture or national security interests. 

7 ‘‘(3) Develop plans for governmental and non8 governmental entities, including cyber incident re9 sponse plans under 2210(c), plans relating to threat10 focused campaigns, and plans to address long-term 

11 cybersecurity priorities. 

12 ‘‘(4) Gather, analyze, synthesize, and rapidly 

13 share information relating to cybersecurity threats 

14 and warnings to inform collective cyber defense oper15 ations, either through direct engagement or through 

16 the sharing of cybersecurity guidance through indus17 try organizations to drive action across all stake18 holder communities. 

19 ‘‘(5) Facilitate the development and publication 

20 of joint analyses with Government and non-govern21 ment partners, as well as international partners, as 

22 appropriate, regarding threat actors, cybersecurity 

23 risks, cybersecurity threats, active malicious cyber 

24 operations, and incidents within and across critical 

25 infrastructure sectors, to enhance awareness of adVerDate Sep 11 2014 02:34 Sep 25, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9768.IH H9768

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1 versary tactics, techniques, and procedures and pro2 vide recommendations for mitigation. 

3 ‘‘(6) Utilizing mechanisms that enable confiden4 tial real-time information sharing and dissemination 

5 of technical products between the Collaborative and 

6 its partners. 

7 ‘‘(7) Develop processes and procedures to rap8 idly share with non-governmental entities timely and 

9 actionable cyber threat intelligence and information 

10 from Government entities, including the 

11 Collaborative’s partners, for purposes of informing 

12 joint activities within the Collaborative, as well as 

13 proactive defense actions to defend critical infra14 structure and non-Federal networks. 

15 ‘‘(8) Establish, as appropriate, focused initia16 tives designed to respond to significant, emergent, or 

17 evolving cybersecurity risks or cybersecurity threats 

18 to, or active malicious cyber operations targeting, 

19 critical infrastructure sectors or technologies, includ20 ing industrial control systems. 

21 ‘‘(9) Develop plans for cyber defense operations 

22 for Federal Government and non-Federal Govern23 ment entities, as well as plans to respond to specific 

24 cybersecurity risks, cybersecurity threats, active ma25 licious cyber operations, or threat actors. 


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1 ‘‘(10) Identify information and intelligence gaps 

2 related to cybersecurity risks, cybersecurity threats, 

3 active malicious cyber operations, and threat actors. 

4 ‘‘(11) Such other activities as the Director de5 termines appropriate to enhance the Agency’s ability 

6 to carry out its mission as described in subsection 

7 (a). 

8 ‘‘(c) CHARTER.— 

9 ‘‘(1) IN GENERAL.—The Collaborative shall op10 erate pursuant to a charter, to be developed by the 

11 Director, that includes a description of each of the 

12 following: 

13 ‘‘(A) The organization and structure of the 

14 Collaborative, as well as the relationship be15 tween the Collaborative and existing Agency in16 formation sharing functions, such programs 

17 within the national cybersecurity and commu18 nications integration center established pursu19 ant to section 2209, and the manner in which 

20 the Collaborative will engage, coordinate with, 

21 and support other Agency divisions and pro22 grams. 

23 ‘‘(B) The core capabilities the Collabo24 rative will provide. 


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1 ‘‘(C) How the Collaborative will prioritize, 

2 refine, develop, and mature existing and future 

3 capabilities to address significant, emergent, or 

4 evolving cybersecurity risks, cybersecurity 

5 threats, active malicious cyber operations, and 

6 incidents. 

7 ‘‘(D) The policies and procedures that will 

8 be used to govern the Collaborative, including 

9 mechanisms and protocols to improve stake10 holder awareness of, and input into, Collabo11 rative activities, as well as procedures for noti12 fying Collaborative partners about changes in 

13 membership. 

14 ‘‘(E) Policies governing the collection, use, 

15 dissemination, and retention of information re16 lating to cybersecurity threats provided to or 

17 developed by the Collaborative, consistent with 

18 the protections established in sections 105 and 

19 106 of the Cybersecurity Act of 2015 (6 U.S.C. 

20 1504 and 1505; enacted as division N of the 

21 Consolidated Appropriations Act, 2016 (Public 

22 Law 114–113)). 

23 ‘‘(F) Criteria to be used in selecting focus 

24 areas, activities, and initiatives the Collabo25 rative will pursue, with procedures requiring 


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1 new initiatives to cite relevant portions of the 

2 Charter, relevant criteria, and other factors 

3 used to support such selection. 

4 ‘‘(G) A description of the types or cat5 egories of partnerships in which the Collabo6 rative will engage. 

7 ‘‘(H) Procedures governing the selection of 

8 partner organizations and terms of such part9 nerships, including the following: 

10 ‘‘(i) The different partnership models 

11 the Collaborative plans to offer, depending 

12 on the type of potential partner an organi13 zation is, the role and function of a poten14 tial partner organization within the cyber 

15 ecosystem, the type of expertise and situa16 tional awareness a potential partner orga17 nization is able to provide, and the type of 

18 support or information sharing a potential 

19 partner organization is seeking from such 

20 a partnership. 

21 ‘‘(ii) The criteria to be used in the se22 lection of governmental and non-govern23 mental entities with which the Collabo24 rative will partner. 


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1 ‘‘(iii) A clearly defined process for any 

2 prospective partner to apply to join the 

3 Collaborative, which shall be posted on the 

4 Agency’s website. 

5 ‘‘(iv) A process for evaluating foreign 

6 entity participation. 

7 ‘‘(v) A process for alerting Collabo8 rative partners of new partners, including 

9 foreign entities. 

10 ‘‘(H) Administrative management policies 

11 to facilitate regular communication between the 

12 Collaborative and its partners, including desig13 nating Collaborative liaisons to support the ad14 ministrative needs of Collaborative partners. 

15 ‘‘(I) The types of assessments, guidance, 

16 reports, and other products the Collective will 

17 release to partners and the public, as well as 

18 the anticipated frequency with which such prod19 ucts will be published. 

20 ‘‘(J) Performance metrics that will be used 

21 evaluate the effectiveness of the Collaborative 

22 and its activities, and track progress on specific 

23 focus areas and initiatives. 


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1 ‘‘(2) CONSIDERATIONS.—In developing the 

2 charter described in paragraph (1), the Director 

3 shall consider the following: 

4 ‘‘(A) Building and maintaining trust with 

5 and among partners of the Collaborative. 

6 ‘‘(B) Costs to partners associated with 

7 participation in the Collaborative. 

8 ‘‘(C) The potential of the Collaborative’s 

9 activities to reduce cybersecurity risks and cy10 bersecurity threats to, or active malicious cyber 

11 operations targeting, partners of the Collabo12 rative, and entities that are not partners of the 

13 Collaborative. 

14 ‘‘(D) Appropriate mechanisms to assess 

15 collaboration with foreign entities or foreign16 owned entities. 

17 ‘‘(d) ADVISORY COUNCIL.—Not later than 60 days 

18 after the date of the enactment of this paragraph, the Di19 rector shall establish a Joint Cyber Defense Collaborative 

20 Advisory Council, comprised of 25 representatives of Col21 laborative partners with diverse cybersecurity and critical 

22 infrastructure roles, expertise, and situational awareness, 

23 to inform the development of the charter described in 

24 paragraph (1) (and any updates thereto) and provide rec25 ommendations on initiatives for the Collaborative to unVerDate Sep 11 2014 02:34 Sep 25, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H9768.IH H9768

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1 dertake. The Director shall seek such recommendations 

2 from partners of the Collaborative, and appoint members 

3 to the Advisory Council, on a rotational basis, for a period 

4 of not more than two years. No Member of the Cybersecu5 rity Advisory Committee under section 2219 may serve on 

6 the Advisory Council. 

7 ‘‘(e) PARTNER ORGANIZATION VIEWS.—The Director 

8 shall establish a mechanism to receive the views of partner 

9 organizations regarding the activities of the Collaborative, 

10 and, in addition, accept voluntary annual evaluations from 

11 sector coordinating councils with members that are part12 ners of the Collaborative. Any such evaluations shall by 

13 shared by the Director with the Committee on Homeland 

14 Security of the House of Representatives and the Com15 mittee on Homeland Security and Governmental Affairs 

16 of the Senate. 

17 ‘‘(f) NO RIGHT OR BENEFIT.— 

18 ‘‘(1) IN GENERAL.—The provision of assistance 

19 or information to, and inclusion in the Collaborative, 

20 or any activity of the Collaborative, of any govern21 mental or non-governmental entity under this section 

22 shall be at the discretion of the Director. 

23 ‘‘(2) LIMITATION.—The provision of certain as24 sistance or information to, or inclusion in the Col25 laborative, or any activity of the Collaborative, purVerDate Sep 11 2014 02:34 Sep 25, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H9768.IH H9768

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1 suant to this section shall not create a right or ben2 efit, whether substantive or procedural, to similar 

3 assistance or information for any other govern4 mental or non-governmental entity. 

5 ‘‘(g) IMPLEMENTATION.—For any action taken to 

6 implement this section, the following shall not apply: 

7 ‘‘(1) Chapter 35 of title 44, United States 

8 Code. 

9 ‘‘(2) Chapter 10 of title 5, United States 

10 Code.’’; 

11 (5) in subsection (g), as so redesignated— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘Office’’ and inserting ‘‘Collabo14 rative’’; 

15 (B) in paragraph (1), by striking ‘‘plan16 ning’’; and 

17 (C) in paragraph (2)— 

18 (i) in subparagraph (E), by striking 

19 ‘‘and’’ after the semicolon; and 

20 (ii) in subparagraph (F), by striking 

21 the period and inserting a semicolon; and 

22 (iii) by adding at the end the fol23 lowing new subparagraphs: 

24 ‘‘(G) the Department of State; and 

25 ‘‘(H) the Central Intelligence Agency.’’; 


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1 (6) in subsection (h), as so redesignated, in the 

2 matter preceding paragraph (1), by striking ‘‘re3 sponsibilities’’ and inserting ‘‘functions’’; 

4 (7) in subsection (i), as so redesignated, by 

5 striking ‘‘subsection (c)’’ and inserting ‘‘subsection 

6 (g)’’; and 

7 (8) by adding at the end the following new sub8 section: 

9 ‘‘(k) SUNSET.—This section shall expire on the date 

10 that is five years after the date of the enactment of this 

11 subsection.’’. 

12 (b) STRATEGY; ANNUAL BRIEFINGS; INFORMATION

13 POLICY.— 

14 (1) CHARTER.—Not later than 120 days after 

15 the date of the enactment of this Act, the Director 

16 of the Cybersecurity and Infrastructure Security 

17 Agency of the Department of Homeland Security 

18 shall submit to the Committee on Homeland Secu19 rity of the House of Representatives and the Com20 mittee on Homeland Security and Governmental Af21 fairs of the Senate the charter for the Joint Cyber 

22 Defense Collaborative developed pursuant to sub23 section (c) of section 2216 of the Homeland Security 

24 Act of 2002 (6 U.S.C. 665b), as amended by this 

25 section, and shall make such charter publicly availVerDate Sep 11 2014 02:34 Sep 25, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H9768.IH H9768

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1 able in the Federal Register within seven days after 

2 such submission to Congress. 

3 (2) STRATEGY.—Not later than one year after 

4 the date of the enactment of this Act, the Director 

5 of the Cybersecurity and Infrastructure Security 

6 Agency of the Department of Homeland Security 

7 shall submit to the Committee on Homeland Secu8 rity of the House of Representatives and the Com9 mittee on Homeland Security and Governmental Af10 fairs of the Senate a strategy describing the key pri11 orities, objectives, and milestones of the Joint Cyber 

12 Defense Collaborative under section 2216 of the 

13 Homeland Security Act of 2002 (6 U.S.C. 665b), as 

14 amended by this section, as well as plans to carry 

15 out such objectives and metrics that will be used to 

16 evaluate effectiveness and sustain operations over 

17 time. The Director may, as appropriate, submit to 

18 such Committees any legislative proposals for new 

19 authorities the Collaborative needs to carry out its 

20 mission. 

21 (3) ANNUAL BRIEFINGS.—Not later than one 

22 year after the date of the enactment of this Act and 

23 annually thereafter, the Director of the Cybersecu24 rity and Infrastructure Security Agency of the De25 partment of Homeland Security shall provide to the 


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1 Committee on Homeland Security of the House of 

2 Representatives and the Committee on Homeland 

3 Security and Governmental Affairs of the Senate a 

4 briefing on the activities of the Joint Cyber Defense 

5 Collaborative under section 2216 of the Homeland 

6 Security Act of 2002 (6 U.S.C. 665b), as amended 

7 by this section. 

8 (4) INFORMATION ACCESS AND SECURITY POL9 ICY.—Not later than 90 days after the date of the 

10 enactment of this Act, the Director of the Cyberse11 curity and Infrastructure Security Agency of the De12 partment of Homeland Security shall issue a policy 

13 regarding how information shared with the Joint 

14 Cyber Defense Collaborative under section 2216 of 

15 the Homeland Security Act of 2002 (6 U.S.C. 

16 665b), as amended by this section, may be used, in17 cluding among different participants within the Col18 laborative, as well as restrictions on the use of infor19 mation, including prohibitions on sharing informa20 tion with governmental and non-governmental enti21 ties based in or controlled by countries the intel22 ligence community (as such term is defined in sec23 tion 3(4) of the National Security Act of 1947 (50 

24 U.S.C. 3003(4)) has identified as a foreign adver25 sary in its most recent Annual Threat Assessment or 


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1 that the Secretary of Homeland Security, in coordi2 nation with the Director of National Intelligence, 

3 has identified as a foreign adversary in its most re4 cent Annual Threat Assessment. Such policy shall 

5 also describe how information retained by the Col6 laborative will be secured, including that all informa7 tion relating to cybersecurity threats and incidents 

8 (as such terms are defined in section 2200 of the 

9 Homeland Security Act of 2002 (6 U.S.C. 650)) 

10 provided by any government or non-government par11 ticipant shall be protected as a High Value Asset as 

12 described in Federal Information Processing Stand13 ards Publication 199, or any successor document. 

14 (c) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) of the Homeland Security Act of 2002 is 

16 amended by amending the item relating to section 2216 

17 to read as follows: 

‘‘Sec. 2216. Joint Cyber Defense Collaborative.’’. 

Æ 


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