118 HR 6694 IH: 7 October Hamas Attack Evaluation and Intelligence Sharing Act
U.S. House of Representatives
2023-12-11
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I
118th CONGRESS
1st Session
H. R. 6694
IN THE HOUSE OF REPRESENTATIVES
December 11, 2023
Mr. Crow (for himself, Mr. Austin Scott of Georgia, Mr. Waltz, and Mr. Bera) introduced the following bill; which was referred to the Permanent Select Committee on Intelligence, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To direct the Director of National Intelligence to take certain actions to evaluate the attack by Hamas against Israel on October 7, 2023, and related intelligence sharing efforts, and for other purposes.
1.

Short title
This Act may be cited as the “7 October Hamas Attack Evaluation and Intelligence Sharing Act”.
2.

Sense of Congress
It is the sense of Congress that—
(1)
Congress joins the Administration to unequivocally condemn the heinous terrorist attack perpetrated by Hamas against Israel on October 7, 2023;
(2)
the safety and return of United States citizens held hostage must be a priority;
(3)
the United States supports the right of Israel to self-defense; and
(4)
robust intelligence sharing with Israel is critical to the defense of Israel, the effort to free hostages, and the mitigation of civilian harm.
3.

Report on Hamas training for attack against Israel perpetrated on October 7, 2023
(a)

Report
Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Central Intelligence Agency, shall submit to the appropriate congressional committees a report on the training of Hamas militants for the attack against Israel perpetrated on October 7, 2023, and any material support provided to such militants.
(b)

Matters
The report under subsection (a) shall include the following:
(1)
An assessment of the location and circumstances under which Hamas militants who perpetrated the attack described in subsection (a) received and conducted training.
(2)
An assessment of how such Hamas militants obtained the weapons and equipment used to carry out such attack.
(3)
An assessment of the communications practices and planning process of Hamas relevant to such attack, including with respect to operational security, and a discussion of any intelligence gaps regarding such practices and planning process and whether changes to the National Intelligence Priorities Framework would mitigate any such gap.
(4)
An assessment of whether, and the extent to which, Hamas militants who perpetrated the attack described in subsection (a) received advanced or tailored training from agencies or instrumentalities of foreign states, including Hezbollah, or any non-state proxy of such a foreign state, including Iran.
(5)
An assessment of whether, and the extent to which, such Hamas militants received support, including material and financial support, from any state sponsor of terrorism.
(6)
An assessment of any change in threat against United States persons or interests, or to partners and allies of the United States, as a result of the attack described in subsection (a).
(7)
A review of the National Intelligence Priorities Framework to determine if priorities remain appropriate in light of the 7 October attack, including whether a change in priorities would mitigate any intelligence gaps identified under paragraph (3).
(c)

Form
The report under subsection (a) shall be submitted in unclassified form, consistent with the protection of intelligence sources and methods, but may include a classified annex.
(d)

State sponsor of terrorism defined
In this section, the term state sponsor of terrorism means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.
4.

Review of certain intelligence sharing relating to Hamas, Hezbollah, and Iran
The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Central Intelligence Agency, shall conduct a review to determine whether increased intelligence sharing with Israel relating to Hamas, Hezbollah, the Palestinian Islamic Jihad, Iran, and any other entity the Director of National Intelligence determines appropriate for purposes of this section, improves the security of the United States and the allies and partners of the United States.
5.

Review of certain intelligence sharing relating to civilian harm mitigation
(a)

Review
The Director of National Intelligence (in consultation with the Secretary of Defense, the Director of the Central Intelligence Agency, and the head of any other element of the intelligence community, or other component of the Department of Defense, determined relevant by the Director of National Intelligence, the Secretary of Defense, and the Director of the Central Intelligence Agency) shall conduct a review to determine the means by which United States intelligence sharing with Israel may achieve each of the following outcomes, respectively, with respect to the conflict between Israel and Hamas:
(1)
The reduction of civilian harm.
(2)
The improvement of the provision of humanitarian assistance.
(3)
The limitation of damage to civilian infrastructure.
(b)

Report
(1)

Submission
Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report containing the results of the review under subsection (a).
(2)

Form
The report under paragraph (1) shall be submitted in unclassified form, consistent with the protection of intelligence sources and methods, but may include a classified annex.
(c)

Intelligence community defined
In this section, 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).
6.

Assessment by Inspector General of Department of Defense
(a)

Assessment
Not later than 30 days after the date of the enactment of this Act, the Inspector General of the Department of Defense, in consultation with any other inspector general determined appropriate by the Inspector General of the Department of Defense, shall submit to the appropriate congressional committees a report containing an assessment of whether, and the extent to which, the memoranda described in subsection (c) are being applied with respect to United States intelligence sharing with Israel (or other partners and allies of the United States) in connection with the conflict between Israel and Hamas.
(b)

Matters
The report under subsection (a) shall include a description of the specific steps taken to implement the memoranda described in subsection (c), with a particular emphasis on such steps taken to mitigate civilian harm, including the targeting criteria set forth in section 3.E of the Presidential Policy Memorandum specified in paragraph (2) of such subsection.
(c)

Memoranda described
The memoranda described in this subsection are the following:
(1)
The National Security Memorandum of October 6, 2022, titled “National Security Memorandum/NSM–13”, or successor memorandum.
(2)
The Presidential Policy Memorandum signed in October, 2022, governing direct action counterterrorism operations outside areas of active hostilities, or successor memorandum.
7.

Appropriate congressional committees defined
In this Act, the term appropriate congressional committees means—
(1)
the congressional intelligence committees, as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003); and
(2)
the Committees on Armed Services of the House of Representatives and the Senate.