DEFEND Act

I 116TH CONGRESS 2D SESSION H. R. 7553 To direct the Director of National Intelligence to notify Congress if the Director determines, with high or moderate confidence, that a foreign government with which the United States is at peace is seeking to cause the death of, or serious bodily injury to, members of the United States Armed Forces. IN THE HOUSE OF REPRESENTATIVES JULY 9, 2020 Mrs. MURPHY of Florida (for herself and Mr. CUNNINGHAM) introduced the following bill; which was referred to the Permanent Select Committee on Intelligence A BILL To direct the Director of National Intelligence to notify Con- gress if the Director determines, with high or moderate confidence, that a foreign government with which the United States is at peace is seeking to cause the death of, or serious bodily injury to, members of the United States Armed Forces. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:55 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7553.IH H7553 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7553 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Deadly Escalation by 2 Foreign Entities Notification and Disclosure Act’’ or the 3 ‘‘DEFEND Act’’. 4 SEC. 2. NOTIFICATION OF CERTAIN THREATS TO UNITED 5 STATES ARMED FORCES BY FOREIGN GOV- 6 ERNMENTS. 7 (a) DEFINITIONS.—In this section: 8 (1) ANYTHING OF PECUNIARY VALUE.—The 9 term ‘‘anything of pecuniary value’’ has the meaning 10 given that term in section 1958(b)(1) of title 18, 11 United States Code. 12 (2) CONGRESSIONAL INTELLIGENCE COMMIT- 13 TEES.—The term ‘‘congressional intelligence com- 14 mittees’’ has the meaning given that term in section 15 3 of the National Security Act of 1947 (50 U.S.C. 16 3003). 17 (3) CONGRESSIONAL LEADERSHIP.—The term 18 ‘‘congressional leadership’’ includes the following: 19 (A) The majority leader of the Senate. 20 (B) The minority leader of the Senate. 21 (C) The Speaker of the House of Rep- 22 resentatives. 23 (D) The minority leader of the House of 24 Representatives. 25 VerDate Sep 11 2014 23:55 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7553.IH H7553 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7553 IH (4) DIRECT MEANS.—The term ‘‘direct means’’ 1 means without the use of intermediaries. 2 (5) FOREIGN GOVERNMENT.—The term ‘‘for- 3 eign government’’ means the government of a for- 4 eign country with which the United States is at 5 peace, irrespective of recognition by the United 6 States. 7 (6) HIGH CONFIDENCE.—The term ‘‘high con- 8 fidence’’, with respect to a determination, means 9 that the determination is based on high-quality in- 10 formation from multiple sources. 11 (7) INDIRECT MEANS.—The term ‘‘indirect 12 means’’ means through, or with the assistance of, 13 intermediaries. 14 (8) MODERATE CONFIDENCE.—The term ‘‘mod- 15 erate confidence’’, with respect to a determination, 16 means that a determination is credibly sourced and 17 plausible but not of sufficient quality or corrobo- 18 rated sufficiently to warrant a higher level of con- 19 fidence. 20 (b) DETERMINATION THAT FOREIGN GOVERNMENT 21 INTENDS TO CAUSE THE DEATH OF OR SERIOUS BODILY 22 INJURY TO MEMBERS OF THE ARMED FORCES.—The Di- 23 rector of National Intelligence shall carry out subsection 24 (c) if the Director, in consultation with the heads of the 25 VerDate Sep 11 2014 23:55 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7553.IH H7553 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7553 IH elements of the intelligence community determined appro- 1 priate by the Director, determines with moderate or high 2 confidence that, on or after the date of the enactment of 3 this Act, the following is occurring: 4 (1) An official or agent of a foreign government 5 is deliberately seeking to cause the death of or seri- 6 ous bodily injury to any member of the United 7 States Armed Forces. 8 (2) Such official or agent is seeking to cause 9 such death or serious bodily injury through direct 10 means or indirect means, including through a prom- 11 ise or agreement by the foreign government to pay 12 anything of pecuniary value to an individual or orga- 13 nization in exchange for causing such death or seri- 14 ous bodily injury. 15 (c) BRIEFING.— 16 (1) IN GENERAL.—Not later than 14 days after 17 making a determination under subsection (b), the 18 Director of National Intelligence shall provide to the 19 congressional leadership, the congressional intel- 20 ligence committees and, consistent with the protec- 21 tion of sources and methods, the Committees on 22 Armed Services of the House of Representatives and 23 the Senate, a briefing on such determination. The 24 VerDate Sep 11 2014 23:55 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7553.IH H7553 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7553 IH briefing shall be classified and address, at a min- 1 imum, the following: 2 (A) A description of the nature and extent 3 of the effort by the foreign government to tar- 4 get members of the United States Armed 5 Forces. 6 (B) An assessment of what specific offi- 7 cials, agents, entities, and departments within 8 the foreign government ordered, authorized, or 9 had knowledge of the effort. 10 (C) An assessment of the motivations of 11 the foreign government for undertaking such an 12 effort. 13 (D) An assessment of whether the effort of 14 the foreign government was a substantial factor 15 in the death or serious bodily injury of any 16 member of the United States Armed Forces. 17 (E) Any other information the Director de- 18 termines appropriate. 19 (2) UPDATED BRIEFINGS.—On a quarterly 20 basis beginning on the date of an initial briefing 21 under paragraph (1) regarding a determination 22 under subsection (b) and ending on the date on 23 which the Director determines that the determina- 24 tion under such subsection no longer applies, the Di- 25 VerDate Sep 11 2014 23:55 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7553.IH H7553 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7553 IH rector shall provide to the officials and committees 1 specified in such subsection an updated briefing. 2 (3) PROTECTION OF SOURCES AND METH- 3 ODS.—This subsection shall be carried out in a man- 4 ner that is consistent with the protection of sources 5 and methods. 6 Æ VerDate Sep 11 2014 23:55 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H7553.IH H7553 pbinns on DSKJLVW7X2PROD with BILLS