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-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Deadly Escalation by 
Foreign Entities Notification and Disclosure Act’’ or the 
‘‘DEFEND Act’’. 
SEC. 2. NOTIFICATION OF CERTAIN THREATS TO UNITED 
STATES ARMED FORCES BY FOREIGN GOV-
ERNMENTS. 
(a) DEFINITIONS.—In this section: 
(1) ANYTHING
OF
PECUNIARY
VALUE.—The 
term ‘‘anything of pecuniary value’’ has the meaning 
given that term in section 1958(b)(1) of title 18, 
United States Code. 
(2) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence com-
mittees’’ has the meaning given that term in section 
3 of the National Security Act of 1947 (50 U.S.C. 
3003). 
(3) CONGRESSIONAL LEADERSHIP.—The term 
‘‘congressional leadership’’ includes the following: 
(A) The majority leader of the Senate. 
(B) The minority leader of the Senate. 
(C) The Speaker of the House of Rep-
resentatives. 
(D) The minority leader of the House of 
Representatives. 
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(4) DIRECT MEANS.—The term ‘‘direct means’’ 
means without the use of intermediaries. 
(5) FOREIGN
GOVERNMENT.—The term ‘‘for-
eign government’’ means the government of a for-
eign country with which the United States is at 
peace, irrespective of recognition by the United 
States. 
(6) HIGH CONFIDENCE.—The term ‘‘high con-
fidence’’, with respect to a determination, means 
that the determination is based on high-quality in-
formation from multiple sources. 
(7) INDIRECT
MEANS.—The term ‘‘indirect 
means’’ means through, or with the assistance of, 
intermediaries. 
(8) MODERATE CONFIDENCE.—The term ‘‘mod-
erate confidence’’, with respect to a determination, 
means that a determination is credibly sourced and 
plausible but not of sufficient quality or corrobo-
rated sufficiently to warrant a higher level of con-
fidence. 
(b) DETERMINATION THAT FOREIGN GOVERNMENT 
INTENDS TO CAUSE THE DEATH OF OR SERIOUS BODILY 
INJURY TO MEMBERS OF THE ARMED FORCES.—The Di-
rector of National Intelligence shall carry out subsection 
(c) if the Director, in consultation with the heads of the 
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elements of the intelligence community determined appro-
priate 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 seri-
ous 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 prom-
ise or agreement by the foreign government to pay 
anything of pecuniary value to an individual or orga-
nization in exchange for causing such death or seri-
ous 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 intel-
ligence committees and, consistent with the protec-
tion of sources and methods, the Committees on 
Armed Services of the House of Representatives and 
the Senate, a briefing on such determination. The 
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briefing shall be classified and address, at a min-
imum, the following: 
(A) A description of the nature and extent 
of the effort by the foreign government to tar-
get members of the United States Armed 
Forces. 
(B) An assessment of what specific offi-
cials, 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 de-
termines 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 determina-
tion under such subsection no longer applies, the Di-
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rector shall provide to the officials and committees 
specified in such subsection an updated briefing. 
(3) PROTECTION
OF
SOURCES
AND
METH-
ODS.—This subsection shall be carried out in a man-
ner that is consistent with the protection of sources 
and methods. 
Æ 
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