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 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Deadly Escalation by 

3 Foreign Entities Notification and Disclosure Act’’ or the 

4 ‘‘DEFEND Act’’. 

5 SEC. 2. NOTIFICATION OF CERTAIN THREATS TO UNITED 

6 STATES ARMED FORCES BY FOREIGN GOV7 ERNMENTS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ANYTHING OF PECUNIARY VALUE.—The 

10 term ‘‘anything of pecuniary value’’ has the meaning 

11 given that term in section 1958(b)(1) of title 18, 

12 United States Code. 

13 (2) CONGRESSIONAL INTELLIGENCE COMMIT14 TEES.—The term ‘‘congressional intelligence com15 mittees’’ has the meaning given that term in section 

16 3 of the National Security Act of 1947 (50 U.S.C. 

17 3003). 

18 (3) CONGRESSIONAL LEADERSHIP.—The term 

19 ‘‘congressional leadership’’ includes the following: 

20 (A) The majority leader of the Senate. 

21 (B) The minority leader of the Senate. 

22 (C) The Speaker of the House of Rep23 resentatives. 

24 (D) The minority leader of the House of 

25 Representatives. 


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1 (4) DIRECT MEANS.—The term ‘‘direct means’’ 

2 means without the use of intermediaries. 

3 (5) FOREIGN GOVERNMENT.—The term ‘‘for4 eign government’’ means the government of a for5 eign country with which the United States is at 

6 peace, irrespective of recognition by the United 

7 States. 

8 (6) HIGH CONFIDENCE.—The term ‘‘high con9 fidence’’, with respect to a determination, means 

10 that the determination is based on high-quality in11 formation from multiple sources. 

12 (7) INDIRECT MEANS.—The term ‘‘indirect 

13 means’’ means through, or with the assistance of, 

14 intermediaries. 

15 (8) MODERATE CONFIDENCE.—The term ‘‘mod16 erate confidence’’, with respect to a determination, 

17 means that a determination is credibly sourced and 

18 plausible but not of sufficient quality or corrobo19 rated sufficiently to warrant a higher level of con20 fidence. 

21 (b) DETERMINATION THAT FOREIGN GOVERNMENT

22 INTENDS TO CAUSE THE DEATH OF OR SERIOUS BODILY

23 INJURY TO MEMBERS OF THE ARMED FORCES.—The Di24 rector of National Intelligence shall carry out subsection 

25 (c) if the Director, in consultation with the heads of the 


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1 elements of the intelligence community determined appro2 priate by the Director, determines with moderate or high 

3 confidence that, on or after the date of the enactment of 

4 this Act, the following is occurring: 

5 (1) An official or agent of a foreign government 

6 is deliberately seeking to cause the death of or seri7 ous bodily injury to any member of the United 

8 States Armed Forces. 

9 (2) Such official or agent is seeking to cause 

10 such death or serious bodily injury through direct 

11 means or indirect means, including through a prom12 ise or agreement by the foreign government to pay 

13 anything of pecuniary value to an individual or orga14 nization in exchange for causing such death or seri15 ous bodily injury. 

16 (c) BRIEFING.— 

17 (1) IN GENERAL.—Not later than 14 days after 

18 making a determination under subsection (b), the 

19 Director of National Intelligence shall provide to the 

20 congressional leadership, the congressional intel21 ligence committees and, consistent with the protec22 tion of sources and methods, the Committees on 

23 Armed Services of the House of Representatives and 

24 the Senate, a briefing on such determination. The 


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1 briefing shall be classified and address, at a min2 imum, the following: 

3 (A) A description of the nature and extent 

4 of the effort by the foreign government to tar5 get members of the United States Armed 

6 Forces. 

7 (B) An assessment of what specific offi8 cials, agents, entities, and departments within 

9 the foreign government ordered, authorized, or 

10 had knowledge of the effort. 

11 (C) An assessment of the motivations of 

12 the foreign government for undertaking such an 

13 effort. 

14 (D) An assessment of whether the effort of 

15 the foreign government was a substantial factor 

16 in the death or serious bodily injury of any 

17 member of the United States Armed Forces. 

18 (E) Any other information the Director de19 termines appropriate. 

20 (2) UPDATED BRIEFINGS.—On a quarterly 

21 basis beginning on the date of an initial briefing 

22 under paragraph (1) regarding a determination 

23 under subsection (b) and ending on the date on 

24 which the Director determines that the determina25 tion under such subsection no longer applies, the DiVerDate Sep 11 2014 23:55 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7553.IH H7553

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1 rector shall provide to the officials and committees 

2 specified in such subsection an updated briefing. 

3 (3) PROTECTION OF SOURCES AND METH4 ODS.—This subsection shall be carried out in a man5 ner that is consistent with the protection of sources 

6 and methods. 

Æ 


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