Title: DEFEND Act
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 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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7553 Introduced in House (IH)]

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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.

    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) 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 committees.--The term 
        ``congressional intelligence committees'' 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 Representatives.
                    (D) The minority leader of the House of 
                Representatives.
            (4) Direct means.--The term ``direct means'' means without 
        the use of intermediaries.
            (5) Foreign government.--The term ``foreign government'' 
        means the government of a foreign country with which the United 
        States is at peace, irrespective of recognition by the United 
        States.
            (6) High confidence.--The term ``high confidence'', with 
        respect to a determination, means that the determination is 
        based on high-quality information from multiple sources.
            (7) Indirect means.--The term ``indirect means'' means 
        through, or with the assistance of, intermediaries.
            (8) Moderate confidence.--The term ``moderate confidence'', 
        with respect to a determination, means that a determination is 
        credibly sourced and plausible but not of sufficient quality or 
        corroborated sufficiently to warrant a higher level of 
        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.
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