DEFEND Act
Bill: H.R.4424 | Sponsor: Rep. Murphy, Stephanie N. (D-FL)
Policy area: Armed Forces and National Security

Summary:
Deadly Escalation by Foreign Entities Notification and Disclosure Act or the DEFEND Act
This bill requires the Department of Defense to provide specified notice to Congress if it is determined with high confidence that an official of a foreign government has taken or plans to take a substantial step that is intended to cause the death of, or serious bodily injury to, any member of the Armed Forces.

To direct the Secretary of Defense to notify Congress if the Secretary 
determines, with high confidence, that a foreign government or foreign 
official has taken, or plans to take, steps intended to cause the death 
 of, or serious bodily injury to, a member of the United States Armed 
                                Forces.

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

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 GOVERNMENTS.

    (a) Determination That Foreign Government Intends To Cause the 
Death of or Serious Bodily Injury to Members of the Armed Forces.--The 
Secretary of Defense shall carry out the notification requirements 
under subsection (b) whenever the Secretary, in consultation with the 
Director of National Intelligence, determines with high confidence 
that, on or after the date of the enactment of this Act, an official of 
a foreign government plans or takes some other substantial step that is 
intended to cause the death of, or serious bodily injury to, any member 
of the United States Armed Forces, whether 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 injury.
    (b) Notice to Congress.--
            (1) Notification.--Except as provided in paragraph (3), not 
        later than 14 days after making a determination under 
        subsection (a), the Secretary shall notify the congressional 
        leadership, the congressional intelligence committees and, 
        consistent with the protection of sources and methods, the 
        appropriate congressional committees of such determination. 
        Such notification shall include, 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 Secretary determines 
                appropriate.
            (2) Option for briefing.--Upon the request of a 
        congressional recipient specified in paragraph (1) after being 
        notified of a determination under such paragraph, the Secretary 
        shall provide to the recipient a briefing on the contents of 
        the notification.
            (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.
    (c) Definitions.--In this section:
            (1) The term ``anything of pecuniary value'' has the 
        meaning given that term in section 1958(b)(1) of title 18, 
        United States Code.
            (2) The term ``appropriate congressional committees'' means 
        the following:
                    (A) The Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
                    (B) The Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate.
            (3) The terms ``congressional intelligence committees'' and 
        ``intelligence community'' have the meaning given those terms 
        in section 3 of the National Security Act of 1947 (50 U.S.C. 
        3003).
            (4) 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 Representatives.
                    (D) The minority leader of the House of 
                Representatives.
            (5) The term ``determines with high confidence''--
                    (A) means that the official making the 
                determination--
                            (i) has concluded that the judgments in the 
                        determination are based on sound analytic 
                        argumentation and high-quality, consistent 
                        reporting from multiple sources, including 
                        through clandestinely obtained documents, 
                        clandestine and open source reporting, and in-
                        depth expertise;
                            (ii) with respect to such judgments, has 
                        concluded that the intelligence community has 
                        few intelligence gaps and few assumptions 
                        underlying the analytic line and that the 
                        intelligence community has concluded that the 
                        potential for deception is low; and
                            (iii) has examined long-standing analytic 
                        judgments and considered alternatives in making 
                        the determination; but
                    (B) does not mean that the official making the 
                determination has concluded that the judgments in the 
                determination are fact or certainty.
            (6) The term ``direct means'' means without the use of 
        intermediaries.
            (7) The term ``foreign government'' means the government of 
        a foreign country with which the United States is at peace.
            (8) The term ``indirect means'' means through, or with the 
        assistance of, intermediaries.
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