§3061 — Title 50 War and National Defense | U.S. Code

Summary

An intelligence agency leader must not give a grant unless the applicant certifies that, for the 5-year period ending on the day they apply, they have told the agency about any significant money or other support (like goods or services) they know, or should have known, came 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. The agency cannot award the grant until it gets that certification and sends it to the Director of National Intelligence. The Director, working with agency leaders, will set up a review process. The certification must be sent right away and reviewed as soon as possible. Agency leaders may deny or take back a grant if it risks theft of U.S. intellectual property, research and innovation, or other counterintelligence threats.

Title 50, §3061

War and National Defense — Source: USLM XML via OLRC

(a)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)(1)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)(A)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)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.

Notes & Related Subsidiaries

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), 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 intelligence 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.]

§3061 Counterintelligence and National Security Protections for Intelligence Community Grant Funding