50 U.S.C. § 3061 — Counterintelligence and national security

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. Page 655 TITLE 50—WAR AND NATIONAL DEFENSE § 3062 (b) Process for review of grant applicants prior to award (1) In general The head of an element of the intelligence community may not award a grant to a person or entity who submitted a certification under subsection (a) until such certification is re- ceived by the head of an element of the intel- ligence community and submitted to the Di- rector of National Intelligence pursuant to the process set forth in paragraph (2). (2) Process (A) In general The Director of National Intelligence, in coordination with such heads of elements of the intelligence community as the Director considers appropriate, shall establish a proc- ess to review the awarding of a grant to an applicant who submitted a certification under subsection (a). (B) Elements The process established under subpara- graph (A) shall include the following: (i) The immediate transmission of a copy of each applicant’s certification made under subsection (a) to the Director of Na- tional Intelligence. (ii) The review of the certification and any accompanying disclosures submitted under subsection (a) as soon as prac- ticable. (iii) Authorization for the heads of the elements of the intelligence community to take such actions as may be necessary, in- cluding denial or revocation of a grant, to ensure a grant does not pose an unaccept- able risk of— (I) misappropriation of United States intellectual property, research and de- velopment, and innovation efforts; or (II) other counterintelligence threats. (c) Annual report required Not later than 1 year after December 23, 2022, and not less frequently than once each year thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees an annual report identifying the fol- lowing for the 1-year period covered by the re- port: (1) The number of applications for grants re- ceived by each element of the intelligence community. (2) The number of such applications that were reviewed using the process established under subsection (b)(2), disaggregated by ele- ment of the intelligence community. (3) The number of such applications that were denied and the number of grants that were revoked, pursuant to the process estab- lished under subsection (b)(2), disaggregated by element of the intelligence community. (July 26, 1947, ch. 343, title I, § 121, as added Pub. L. 117–263, div. F, title LXIII, § 6302(a), Dec. 23, 2022, 136 Stat. 3501.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–263, div. F, title LXIII, § 6302(b), Dec. 23, 2022, 136 Stat. 3502, provided that: ‘‘Subsections (a) and (b) of section 121 of such Act [act July 26, 1947, 50 U.S.C. 3061], as added by subsection (a), shall apply only with respect to grants awarded by an element of the intel- ligence community after the date of the enactment of this Act [Dec. 23, 2022].’’ [For definition of ‘‘intelligence community’’ as used in section 6302(b) of Pub. L. 117–263, set out above, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.] § 3062. Office of Engagement (a) Establishment There is within the Office of the Director of National Intelligence an Office of Engagement (in this section referred to as the ‘‘Office’’). (b) Head; staff (1) Head The Director of National Intelligence shall appoint as head of the Office an individual with requisite experience in matters relating to the duties of the Office, as determined by the Director of National Intelligence. Such head of the Office shall report directly to the Director of National Intelligence. (2) Staff To assist the head of the Office in fulfilling the duties of the Office, the head shall employ full-time equivalent staff in such number, and with such requisite expertise in matters relat- ing to such duties, as may be determined by the head. (c) Duties The duties of the Office shall be as follows: (1) To ensure coordination across the ele- ments of the intelligence community efforts regarding outreach, relationship development, and associated knowledge and relationship management, with covered entities, consistent with the protection of intelligence sources and methods. (2) To assist in sharing best practices regard- ing such efforts among the elements of the in- telligence community. (3) To establish and implement metrics to assess the effectiveness of such efforts. (d) Covered entity defined In this section, the term ‘‘covered entity’’ means an entity that is not an entity of the United States Government, including private sector companies, institutions of higher edu- cation, trade associations, think tanks, labora- tories, international organizations, and foreign partners and allies. (July 26, 1947, ch. 343, title I, § 122, as added Pub. L. 118–31, div. G, title V, § 7503(a), Dec. 22, 2023, 137 Stat. 1082.) Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION Pub. L. 118–31, div. G, title V, § 7503(e), Dec. 22, 2023, 137 Stat. 1083, provided that: ‘‘Nothing in this section [enacting this section and provisions set out as notes under this section], or an amendment made by this sec- tion, shall be construed as restricting or preempting engagement or outreach activities of elements of the intelligence community.’’ [For definition of ‘‘intelligence community’’ as used in section 7503(e) of Pub. L. 118–31, set out above, see