Section 1 Short title
This Act may be cited as the “Defense Information Sharing Review and Regional Tailoring Act of 2024”.
Defense Information Sharing Review and Regional Tailoring Act of 2024
A BILL
To require a report relating to the provision of certain information in connection with the Russian invasion of Ukraine and the resulting conflict, and for other purposes.
Sec. 2 Findings
Congress finds the following:
The purposeful, targeted, and properly authorized dissemination of covered information contributed to negating the plans and intentions of the Russian Federation in its unjust conflict with Ukraine, saved Ukrainian lives, and led to a unified transatlantic alliance.
The purposeful, targeted, and properly authorized dissemination of covered information by the Secretary of Defense facilitated the provision of defense articles and economic support to Ukraine and other foreign partners of the United States in Europe, steeling such countries against the Russian invasion of Ukraine occurring on February 24, 2022.
The sharing of defense information to foreign partners of the United States is a high-impact tool to provide decision advantage to the United States and its foreign partners in times of rising tensions, while aligning such partners to better leverage the support of, and to share economic, military, and diplomatic burdens with, such partners.
The sharing of information on emerging threats, technology disruption and innovation, and adversarial plans empowers foreign partners of the United States to take coordinated action and expands the coalition of such partners, particularly in peacetime or prior to any type of conflict.
Risk-conscious, timely information sharing practices are in place with foreign partners of the United States before a crisis erupts. Such practices should ensure the proper control and protection of the shared information and allow for the familiarization and integration of the shared information into the defense enterprise of the partner country.
The sharing of defense and security information deepens collaboration and provides a basis for new joint initiatives and the increasing competency of the security forces of partners of the United States.
Future conflicts will inevitably have economic, technological, and social factors that merit the sharing of new forms of tailored information to secure the support of foreign partners of the United States and support the objectives of the United States and such partners.
Strategic competition encompasses all factors of United States national security, and foreign partners of the United States require tailored information needs delivered in a timely, mission-focused manner from peacetime to conflict.
Sec. 3 Report relating to provision of certain information in connection with Russian invasion of Ukraine and resulting conflict
Report—
Submission— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the use and effectiveness of covered information lawfully provided by the United States Government to the Government of Ukraine and the governments of other partner countries in Europe in connection with the Russian invasion of Ukraine and the resulting conflict.
Matters— The report under paragraph (1) shall address, in particular, the use and effectiveness of classified, unclassified, and downgraded covered information in written, verbal, and visual forms, respectively, provided by the United States Government to the foreign governments referred to in such paragraph and shall include, at a minimum, the following:
An assessment of the effect and value of the covered information so provided since September 2021 in achieving the national security, national defense, and foreign policy objectives of the United States with respect to the Russian invasion of Ukraine and the resulting conflict.
An assessment of—
whether such provision by the United States Government of covered information to, or use of such provided covered information by, such foreign governments has resulted in tangible national security, national defense, or foreign policy benefits to the United States or the foreign partners of the United States, including any improved international relations, new bilateral or multilateral programs, or other actions demonstrating acceptance of United States foreign policy objectives, such as through participation in security assistance and cooperation efforts, coordination of new policies, or issuing compatible statements regarding foreign relations;
the effect and value of the lawful provision of covered information by the United States Government with respect to the success of the Government of Ukraine (including the Armed Forces of Ukraine and the intelligence services of Ukraine) in making decisions regarding the response to, responding to, and defending against the Russian invasion of Ukraine and the resulting conflict; and
the ability of, and methods used by, the Government of Ukraine and other countries supporting Ukraine to safeguard covered information and any new insights derived from the passage of information during the Russian invasion of Ukraine and the resulting conflict.
An assessment of—
best practices regarding the dissemination of covered information by the United States Government to the foreign governments referred to in paragraph (1) over the course of the Russian invasion of Ukraine and resulting conflict and how such best practices may be applied to future crises outside of Europe; and
any plans or recommendations by the Secretary of Defense regarding the future provision of covered information to the Government of Ukraine in connection with such invasion and resulting conflict.
An assessment of the internal processes and procedures of the Department of Defense, Department of State, and elements of the intelligence community, respectively, governing the dissemination of covered information to the Government of Ukraine and partner countries in Europe, including a description of—
the specific types of materials disseminated; and
how, if at all, such processes, procedures, and types of information disseminated changed over the course of the Russian invasion of Ukraine and the resulting conflict to meet the national security, national defense, and foreign policy objectives of the United States.
An assessment of the applicability of such processes, procedures, and types of covered information to be used by combatant commands other than the United States European Command, and any recommendations by the Secretary of Defense to support the development of a repeatable, secure, and appropriately expeditious process for similar dissemination efforts during peacetime, in the lead-up to a conflict, and in the immediate stages of a future conflict in Europe or in the areas of responsibility of such other combatant commands.
An assessment of—
how open-source covered information provided to the Government of Ukraine has supported the objectives of such Government vis-à-vis the Russian invasion of Ukraine and the resulting conflict;
how the Secretary of Defense reviews and selects open-source covered information for use and prepares such information to be provided to the Government of Ukraine; and
how the review, selection, and use of open-source information for provision to foreign partners of the United States might differ in a future crisis.
A description of any new authorities or resources, or improvements to existing authorities or resources, that may further address any of the matters under subparagraphs (A) through (F).
Form— The report under paragraph (1) may be submitted in classified form, but if so submitted, shall include an unclassified annex.
Briefing—
Briefing required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the matters covered by the report under paragraph (1).
Closed nature— Any briefing under this subsection may be a closed briefing, consistent with the protection of intelligence sources and methods.
Definitions— In this section:
The term “appropriate congressional committees” means—
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
The term “covered information” means any information, regardless of whether such information is classified or unclassified, that relates to the Russian invasion of Ukraine, the resulting conflict, or other associated matters (including such information originating from the Department of Defense and intelligence information) and is provided by the United States Government for the purpose of supporting any national security, national defense, or foreign policy objective of the United States vis-à-vis such invasion, resulting conflict, or associated matters.
The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).