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Title 50 — War and National Defense

Chapter 44 — National Security

§ 3061. Counterintelligence and national security protections for intelligence community grant funding

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Intelligence Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. F title LXIII § 6302(a) · 136 Stat. 2395

    Enacted · 50 U.S.C. § 3061

    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

    Source evidence

    Code source credit
    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

    Enacted provision · exact public law section
    (a) In General.— Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by adding at the end the following: “SEC. 121. 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.— Not later than 1 year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2023 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.” .

  2. Pub. L. 119–60 div. F title LXVIII § 6801(a)(2) · 139 Stat. 1652

    Struck · 50 U.S.C. § 3061(c)

    Pub. L. 119–60 struck out subsec. (c) which required the Director of National Intelligence to submit an annual report to congressional intelligence committees

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 119–60 struck out subsec. (c) which required the Director of National Intelligence to submit an annual report to congressional intelligence committees.

1 of 2 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Amendments

2025—Subsec. (c). Pub. L. 119–60 struck out subsec. (c) which required the Director of National Intelligence to submit an annual report to congressional intelligence committees.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–263, div. F, title LXIII, § 6302(b), , 136 Stat. 3502, provided that: “Subsections (a) and (b) of section 121 of such Act [act , 50 U.S.C. 3061], as added by subsection (a), shall apply only with respect to grants awarded by an element of the intelligence community after the date of the enactment of this Act [].”

[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.]

Credits

1947–2025 · 2 acts
  1. 1947July 26, 1947, ch. 343, title I, § 121, as added Pub. L. 117–263, div. F, title LXIII, § 6302(a), , 136 Stat. 3501
  2. 2025amended Pub. L. 119–60, div. F, title LXVIII, § 6801(a)(2), , 139 Stat. 1652.
Show as published

(July 26, 1947, ch. 343, title I, § 121, as added Pub. L. 117–263, div. F, title LXIII, § 6302(a), , 136 Stat. 3501; amended Pub. L. 119–60, div. F, title LXVIII, § 6801(a)(2), , 139 Stat. 1652.)

Parsed from the official OLRC USLM XML in data/usc_all/usc50.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t50/s3061