50 USC 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 certified to the head of the element that the person or entity has disclosed to the head of the element 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 People’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.
(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 received by the head of an element of the intelligence community and submitted to the Director 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 process to review the awarding of a grant to an applicant who submitted a certification under subsection (a).
(B) Elements
The process established under subparagraph (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 National Intelligence.
(ii) The review of the certification and any accompanying disclosures submitted under subsection (a) as soon as practicable.
(iii) Authorization for the heads of the elements of the intelligence community to take such actions as may be necessary, including denial or revocation of a grant, to ensure a grant does not pose an unacceptable risk of—
(I) misappropriation of United States intellectual property, research and development, and innovation efforts; or
(II) other counterintelligence threats.
(c) Annual report required
Terms Used In 50 USC 3061
- congressional intelligence committees: means &mdash. See 50 USC 3003
- counterintelligence: means information gathered, and activities conducted, to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. See 50 USC 3003
- intelligence: includes foreign intelligence and counterintelligence. See 50 USC 3003
- intelligence community: includes the following:
(A) The Office of the Director of National Intelligence. See 50 USC 3003
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 following for the 1-year period covered by the report:
(1) The number of applications for grants received 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 element 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 established under subsection (b)(2), disaggregated by element of the intelligence community.