§3329. Intelligence community contracting

(a) In general

The Director of National Intelligence shall direct that elements of the intelligence community, whenever compatible with the national security interests of the United States and consistent with the operational and security concerns related to the conduct of intelligence activities, and where fiscally sound, shall award contracts in a manner that would maximize the procurement of products in the United States.

(b) Intelligence community defined

In this section, the term "intelligence community" has the meaning given that term in section 3003(4) of this title.

( Pub. L. 102–183, title IV, §403, Dec. 4, 1991, 105 Stat. 1267 ; Pub. L. 111–259, title VIII, §810, Oct. 7, 2010, 124 Stat. 2750 .)

Editorial Notes

Codification

Section was formerly classified to section 403–2 of this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

Provisions similar to those in this section were contained in the following prior authorization act: Pub. L. 102–88, title IV, §404, Aug. 14, 1991, 105 Stat. 434 .

Amendments

2010-Pub. L. 111–259 added subsec. (b), designated existing provisions as subsec. (a), inserted heading, substituted "Director of National Intelligence" for "Director of Central Intelligence" and "intelligence community" for "Intelligence Community", and struck out at end "For purposes of this provision, the term 'Intelligence Community' has the same meaning as set forth in paragraph 3.4(f) of Executive Order 12333, dated December 4, 1981, or successor orders."

Statutory Notes and Related Subsidiaries

Prohibition on Intelligence Community Contracting With Chinese Military Companies Engaged in Biotechnology Research, Development, or Manufacturing

Pub. L. 119–60, div. F, title LXVII, §6703, Dec. 18, 2025, 139 Stat. 1644 , provided that:

"(a) Definitions.-In this section:

"(1) 1260H list.-The term '1260H list' means the list of Chinese military companies operating in the United States most recently submitted under section 1260H(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 [Pub. L. 116–283] (10 U.S.C. 113 note).

"(2) Affiliate.-The term 'affiliate' means an entity that directly or indirectly controls, is controlled by, or is under common control with another entity.

"(3) Biotechnology.-The term 'biotechnology' means the use of biological processes, organisms, or systems for manufacturing, research, or medical purposes, including genetic engineering, synthetic biology, and bioinformatics.

"(b) Prohibition.-Subject to subsections (d) and (e), a head of an element of the intelligence community may not enter into, renew, or extend any contract for a product or service with-

"(1) any entity listed on the 1260H list that is engaged in biotechnology research, development, or manufacturing activities;

"(2) any entity that is a known or assessed affiliate of any entity described in paragraph (1);

"(3) any entity that has a known or assessed joint venture, partnership, or contractual relationship with any entity described in paragraph (1), if the Director of National Intelligence determines that the relationship presents a risk to the national security of the United States; or

"(4) any other entity that is engaged in biotechnology research, development, or manufacturing activities, if the Director of National Intelligence determines that the activities present a risk to the national security of the United States.

"(c) Implementation and Compliance.-The Director of National Intelligence shall, in consultation with the heads of the elements of the intelligence community-

"(1) establish guidelines for the implementation of this section;

"(2) maintain both a publicly available and classified list of entities covered by the prohibition in subsection (b);

"(3) require that each head of an element of the intelligence community ensure that any contractor engaged by the element certify that neither it nor any of its subcontractors are engaged in a contract for a product or service with an entity covered by the prohibition in subsection (b); and

"(4) otherwise ensure compliance with subsection (b).

"(d) Waiver Process.-

"(1) In general.-The Director of National Intelligence may establish a waiver process for the heads of the elements of the intelligence community under which the head of the relevant element may waive the prohibition under subsection (b) for a procurement on a case-by-case basis. A waiver may be made under the process only if the head of the relevant element-

"(A) complies with any conditions the Director may establish for the process; and

"(B) determines, in writing, that-

"(i) the procurement is essential for national security and no reasonable alternative source exists; and

"(ii) appropriate measures are in place to mitigate risks associated with the procurement.

"(2) Congressional notification.-For each waiver for a procurement issued under subsection (b) [probably should be "paragraph (1)"], the Director and the relevant head of the element of the intelligence community shall, not later than 30 days after issuing the waiver, submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notice of the waiver, which shall include a justification for the waiver and a description of the risk mitigation measures implemented for the procurement.

"(e) Exceptions.-The prohibition in subsection (b) shall not apply to-

"(1) the acquisition or provision of health care services overseas for-

"(A) employees of the United States, including members of the uniformed services (as defined in section 101(a) of title 10, United States Code), whose official duty stations are located overseas or who are on permissive temporary duty travel overseas; or

"(B) employees of contractors or subcontractors of the United States-

"(i) who are performing under a contract that directly supports the missions or activities of individuals described in subparagraph (A); and

"(ii) whose primary duty stations are located overseas or who are on permissive temporary duty travel overseas; or

"(2) the acquisition, use, or distribution of human multiomic data, lawfully compiled, that is commercially or publicly available.

"(f) Effective Date.-This section shall take effect on the date that is 60 days after the date of the enactment of this Act [Dec. 18, 2025] and apply to any contract entered into, renewed, or extended on or after such effective date.

"(g) Sunset.-The provisions of this section shall terminate on the date that is 10 years after the date of the enactment of this Act.

"(h) Rule of Construction.-This section shall only be construed to apply to activities of an element of the intelligence community."

[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6703 of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of this title.]

Enhanced Procurement Authority To Manage Supply Chain Risk

Pub. L. 112–87, title III, §309, Jan. 3, 2012, 125 Stat. 1883 , formerly set out as a note under this section, was transferred to section 3334e of this title.