2013 US Code
Title 50 - War and National Defense
Chapter 45 - MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES (§§ 3301 - 3383)
Subchapter II - PERSONNEL AND ADMINISTRATIVE AUTHORITIES (§§ 3321 - 3329)
Section 3329 - Intelligence community contracting
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 50 - WAR AND NATIONAL DEFENSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 50 - WAR AND NATIONAL DEFENSE CHAPTER 45 - MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES SUBCHAPTER II - PERSONNEL AND ADMINISTRATIVE AUTHORITIES Sec. 3329 - Intelligence community contracting |
Contains | section 3329 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | 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. |
Presidential Document Number References | Executive Order 12333 |
Statutes at Large References | 105 Stat. 1267, 434 124 Stat. 2750 125 Stat. 1883 |
Public Law References | Public Law 102-88, Public Law 102-183, Public Law 111-259, Public Law 111-383, Public Law 112-87 |
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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 definedIn 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.)
CODIFICATIONSection was formerly classified to section 403–2 of this title prior to editorial reclassification and renumbering as this section.
PRIOR PROVISIONSProvisions 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.
AMENDMENTS2010—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."
ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISKPub. L. 112–87, title III, §309, Jan. 3, 2012, 125 Stat. 1883, provided that:
"(a)
"(1)
"(2)
"(3)
"(A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 3306(a)(3)(B) of title 41, United States Code, or an evaluation factor, as provided in section 3306(b)(1) of such title, relating to supply chain risk;
"(B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 4106(d)(3) of title 41, United States Code, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or
"(C) any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk.
"(4)
"(A) The exclusion of a source that fails to meet qualifications standards established in accordance with the requirements of section 3311 of title 41, United States Code, for the purpose of reducing supply chain risk in the acquisition of covered systems.
"(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
"(C) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.
"(5)
"(6)
"(b)
"(1) carry out a covered procurement action; and
"(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
"(c)
"(1) any appropriate consultation with procurement or other relevant officials of the covered agency;
"(2) making a determination in writing, which may be in classified form, that—
"(A) use of the authority in subsection (b)(1) is necessary to protect national security by reducing supply chain risk;
"(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and
"(C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (b)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information;
"(3) notifying the Director of National Intelligence that there is a significant supply chain risk to the covered system concerned, unless the head of the covered agency making the determination is the Director of National Intelligence; and
"(4) providing a notice, which may be in classified form, of the determination made under paragraph (2) to the congressional intelligence committees that includes a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.
"(d)
"(e)
"(f)
"(g)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 309 of Pub. L. 112–87, set out above, see section 2 of Pub. L. 112–87, set out as a note under section 3003 of this title.]
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