50 U.S.C. § 3060 — Climate Security Advisory Council

Page 653 TITLE 50—WAR AND NATIONAL DEFENSE § 3060 (B) the public opinion within the United States. (July 26, 1947, ch. 343, title I, § 119C, as added Pub. L. 116–92, div. E, title LIII, § 5322(a), Dec. 20, 2019, 133 Stat. 2129; amended Pub. L. 117–263, div. F, title LXIII, § 6307(a)(1), (b), Dec. 23, 2022, 136 Stat. 3504, 3505.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 6307(a)(1)(A), struck out ‘‘Re- sponse’’ after ‘‘Influence’’ in section catchline. Subsec. (a). Pub. L. 117–263, § 6307(a)(1)(B), struck out ‘‘Response’’ after ‘‘Influence’’. Subsecs. (e), (f). Pub. L. 117–263, § 6307(b), added sub- sec. (e) and redesignated former subsec. (e) as (f). Statutory Notes and Related Subsidiaries REFERENCE TO FOREIGN MALIGN INFLUENCE RESPONSE CENTER Pub. L. 117–263, div. F, title LXIII, § 6307(a)(4), Dec. 23, 2022, 136 Stat. 3505, provided that: ‘‘Any reference in law, regulation, map, document, paper, or other record of the United States to the ‘Foreign Malign Influence Response Center’ shall be deemed to be a reference to the Foreign Malign Influence Center.’’ § 3060. Climate Security Advisory Council (a) Establishment The Director of National Intelligence shall es- tablish a Climate Security Advisory Council for the purpose of— (1) assisting intelligence analysts of various elements of the intelligence community with respect to analysis of climate security and its impact on the areas of focus of such analysts; (2) facilitating coordination between the ele- ments of the intelligence community and ele- ments of the Federal Government that are not elements of the intelligence community in collecting data on, and conducting analysis of, climate change and climate security; and (3) ensuring that the intelligence commu- nity is adequately prioritizing climate change in carrying out its activities. (b) Composition of Council (1) Members The Council shall be composed of the fol- lowing individuals appointed by the Director of National Intelligence: (A) An appropriate official from the Na- tional Intelligence Council, who shall chair the Council. (B) The lead official with respect to cli- mate and environmental security analysis from— (i) the Central Intelligence Agency; (ii) the Bureau of Intelligence and Re- search of the Department of State; (iii) the National Geospatial-Intelligence Agency; (iv) the Office of Intelligence and Coun- terintelligence of the Department of En- ergy; (v) the Office of the Under Secretary of Defense for Intelligence and Security; and (vi) the Defense Intelligence Agency. (C) Three appropriate officials from ele- ments of the Federal Government that are not elements of the intelligence community that are responsible for— (i) providing decision makers with a pre- dictive understanding of the climate; (ii) making observations of our Earth system that can be used by the public, pol- icymakers, and to support strategic deci- sions; or (iii) coordinating Federal research and investments in understanding the forces shaping the global environment, both human and natural, and their impacts on society. (D) Any other officials as the Director of National Intelligence or the chair of the Council may determine appropriate. (2) Responsibilities of chair The chair of the Council shall have responsi- bility for— (A) identifying agencies to supply individ- uals from elements of the Federal Govern- ment that are not elements of the intel- ligence community; (B) securing the permission of the relevant agency heads for the participation of such individuals on the Council; and (C) any other duties that the Director of National Intelligence may direct. (c) Duties and responsibilities of Council The Council shall carry out the following du- ties and responsibilities: (1) To meet at least quarterly to— (A) exchange appropriate data between ele- ments of the intelligence community and elements of the Federal Government that are not elements of the intelligence commu- nity; (B) discuss processes for the routine ex- change of such data and implementation of such processes; and (C) prepare summaries of the business con- ducted at each meeting. (2) To assess and determine best practices with respect to the analysis of climate secu- rity, including identifying publicly available information and intelligence acquired through clandestine means that enables such analysis. (3) To assess and identify best practices with respect to prior efforts of the intelligence community to analyze climate security. (4) To assess and describe best practices for identifying and disseminating climate intel- ligence indications and warnings. (5) To recommend methods of incorporating analysis of climate security and the best prac- tices identified under paragraphs (2) through (4) into existing analytic training programs. (6) To consult, as appropriate, with other elements of the intelligence community that conduct analysis of climate change or climate security and elements of the Federal Govern- ment that are not elements of the intelligence community that conduct analysis of climate change or climate security, for the purpose of sharing information about ongoing efforts and avoiding duplication of existing efforts. (7) To work with elements of the intelligence community that conduct analysis of climate change or climate security and elements of Page 654 TITLE 50—WAR AND NATIONAL DEFENSE § 3061 the Federal Government that are not elements of the intelligence community that conduct analysis of climate change or climate secu- rity— (A) to exchange appropriate data between such elements, establish processes, proce- dures and practices for the routine exchange of such data, discuss the implementation of such processes; and (B) to enable and facilitate the sharing of findings and analysis between such ele- ments. (8) To assess whether the elements of the intelligence community that conduct anal- ysis of climate change or climate security may inform the research direction of aca- demic work and the sponsored work of the United States Government. (9) At the discretion of the chair of the Council, to convene conferences of analysts and nonintelligence community personnel working on climate change or climate secu- rity on subjects that the chair shall direct. (d) Annual report (1) Requirement Not later than January 31, 2021, and not less frequently than annually thereafter, the chair of the Council shall submit, on behalf of the Council, to the congressional intelligence committees a report describing the activities of the Council as described in subsection (c) during the year preceding the year during which the report is submitted. (2) Matters included Each report under paragraph (1) shall in- clude a description of any obstacles or gaps re- lating to— (A) the Council fulfilling its duties and re- sponsibilities under subsection (c); or (B) the responsiveness of the intelligence community to the climate security needs and priorities of the policymaking elements of the Federal Government. (e) Sunset The Council shall terminate on December 31, 2024. (f) Definitions In this section: (1) Climate security The term ‘‘climate security’’ means the ef- fects of climate change on the following: (A) The national security of the United States, including national security infra- structure. (B) Subnational, national, and regional po- litical stability. (C) The security of allies and partners of the United States. (D) Ongoing or potential political violence, including unrest, rioting, guerrilla warfare, insurgency, terrorism, rebellion, revolution, civil war, and interstate war. (2) Climate intelligence indications and warn- ings The term ‘‘climate intelligence indications and warnings’’ means developments relating to climate security with the potential to— (A) imminently and substantially alter the political stability or degree of human secu- rity in a country or region; or (B) imminently and substantially threat- en— (i) the national security of the United States; (ii) the military, political, or economic interests of allies and partners of the United States; or (iii) citizens of the United States abroad. (July 26, 1947, ch. 343, title I, § 120, as added Pub. L. 116–92, div. E, title LIII, § 5321(a), Dec. 20, 2019, 133 Stat. 2126; amended Pub. L. 116–260, div. W, title IV, § 405(b), title VI, § 618, Dec. 27, 2020, 134 Stat. 2380, 2400; Pub. L. 117–103, div. X, title IV, § 404, Mar. 15, 2022, 136 Stat. 975; Pub. L. 118–31, div. G, title III, § 7319, Dec. 22, 2023, 137 Stat. 1036.) Editorial Notes AMENDMENTS 2023—Subsec. (e). Pub. L. 118–31 substituted ‘‘Decem- ber 31, 2024’’ for ‘‘December 31, 2025’’. 2022—Subsec. (b)(1)(B)(v). Pub. L. 117–103, § 404(b)(1), inserted ‘‘and Security’’ after ‘‘for Intelligence’’. Subsec. (d). Pub. L. 117–103, § 404(a), designated exist- ing provisions as par. (1), inserted heading, and added par. (2). Subsec. (e). Pub. L. 117–103, § 404(b)(3), substituted ‘‘December 31, 2025’’ for ‘‘the date that is 4 years after December 20, 2019’’. Pub. L. 117–103, § 404(b)(2), redesignated subsec. (e) re- lating to definitions as (f). Subsec. (f). Pub. L. 117–103, § 404(b)(2), redesignated subsec. (e) relating to definitions as (f). 2020—Subsec. (c)(4). Pub. L. 116–260, § 405(b), sub- stituted ‘‘intelligence indications’’ for ‘‘security indi- cators’’. Subsecs. (d), (e). Pub. L. 116–260, § 618, added subsec. (d) and redesignated former subsec. (d) as (e) relating to sunset of Council. Statutory Notes and Related Subsidiaries INITIAL APPOINTMENTS Pub. L. 116–92, div. E, title LIII, § 5321(c), Dec. 20, 2019, 133 Stat. 2129, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence shall ap- point the members of the Council under section 120 of the National Security Act of 1947 [50 U.S.C. 3060], as added by subsection (a).’’ § 3061. Counterintelligence and national security protections for intelligence community grant funding (a) Disclosure as condition for receipt of grant The head of an element of the intelligence community may not award a grant to a person or entity unless the person or entity has cer- tified to the head of the element that the person or entity has disclosed to the head of the ele- ment any material financial or material in-kind support that the person or entity knows, or should have known, derives from the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic Peo- ple’s Republic of Korea, or the Republic of Cuba, during the 5-year period ending on the date of the person or entity’s application for the grant.