DEFEND Act

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. Short title This Act may be cited as the Deadly Escalation by Foreign Entities Notification and Disclosure Act DEFEND Act 2. Notification of certain threats to United States Armed Forces by foreign governments (a) Definitions In this section: (1) Anything of pecuniary value The term anything of pecuniary value (2) Congressional intelligence committees The term congressional intelligence committees 50 U.S.C. 3003 (3) Congressional leadership The term congressional leadership (A) The majority leader of the Senate. (B) The minority leader of the Senate. (C) The Speaker of the House of Representatives. (D) The minority leader of the House of Representatives. (4) Direct means The term direct means (5) Foreign government The term foreign government (6) High confidence The term high confidence (7) Indirect means The term indirect means (8) Moderate confidence The term moderate confidence (b) Determination that foreign government intends To cause the death of or serious bodily injury to members of the Armed Forces The Director of National Intelligence shall carry out subsection (c) if the Director, in consultation with the heads of the elements of the intelligence community determined appropriate by the Director, determines with moderate or high confidence that, on or after the date of the enactment of this Act, the following is occurring: (1) An official or agent of a foreign government is deliberately seeking to cause the death of or serious bodily injury to any member of the United States Armed Forces. (2) Such official or agent is seeking to cause such death or serious bodily injury through direct means or indirect means, including through a promise or agreement by the foreign government to pay anything of pecuniary value to an individual or organization in exchange for causing such death or serious bodily injury. (c) Briefing (1) In general Not later than 14 days after making a determination under subsection (b), the Director of National Intelligence shall provide to the congressional leadership, the congressional intelligence committees and, consistent with the protection of sources and methods, the Committees on Armed Services of the House of Representatives and the Senate, a briefing on such determination. The briefing shall be classified and address, at a minimum, the following: (A) A description of the nature and extent of the effort by the foreign government to target members of the United States Armed Forces. (B) An assessment of what specific officials, agents, entities, and departments within the foreign government ordered, authorized, or had knowledge of the effort. (C) An assessment of the motivations of the foreign government for undertaking such an effort. (D) An assessment of whether the effort of the foreign government was a substantial factor in the death or serious bodily injury of any member of the United States Armed Forces. (E) Any other information the Director determines appropriate. (2) Updated briefings On a quarterly basis beginning on the date of an initial briefing under paragraph (1) regarding a determination under subsection (b) and ending on the date on which the Director determines that the determination under such subsection no longer applies, the Director shall provide to the officials and committees specified in such subsection an updated briefing. (3) Protection of sources and methods This subsection shall be carried out in a manner that is consistent with the protection of sources and methods.

Summary: Deadly Escalation by Foreign Entities Notification and Disclosure Act or the DEFEND Act This bill requires the Office of the Director of National Intelligence (ODNI) to brief Congress if ODNI determines with moderate or high confidence that a foreign government is deliberately seeking to kill or cause serious bodily injury to any member of the Armed Forces, either directly or indirectly. The briefing shall include information such as a description of the nature and extent of the foreign government's efforts and an assessment of the foreign government's motivations. After giving an initial briefing, the ODNI shall give periodic updated briefings.