[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4366 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4366
To enhance intelligence community acquisitions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2024
Mr. Cornyn (for himself, Mr. Warner, Mr. Kelly, and Mr. Lankford)
introduced the following bill; which was read twice and referred to the
Select Committee on Intelligence
_______________________________________________________________________
A BILL
To enhance intelligence community acquisitions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enabling New Agile Buying-power and
Leveraging Enhancements in Intelligence Community Acquisitions Act
2024'' or the ``ENABLE IC Acquisitions Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
SEC. 3. SENSE OF THE SENATE ENCOURAGING INTELLIGENCE COMMUNITY TO
INCREASE PRIVATE SECTOR CAPITAL PARTNERSHIPS AND
PARTNERSHIP WITH OFFICE OF STRATEGIC CAPITAL OF
DEPARTMENT OF DEFENSE TO SECURE ENDURING TECHNOLOGICAL
ADVANTAGES.
It is the sense of the Senate that--
(1) acquisition leaders in the intelligence community
should further explore the strategic use of private capital
partnerships to secure enduring technological advantages for
the intelligence community, including through the
identification, development, and transfer of promising
technologies to full-scale programs capable of meeting
intelligence community requirements; and
(2) the intelligence community should undertake regular
consultation with Federal partners, such as the Office of
Strategic Capital of the Office of the Secretary of Defense, on
best practices and lessons learned from their experiences
integrating these resources to accelerate attainment of
national security objectives.
SEC. 4. INTELLIGENCE COMMUNITY TECHNOLOGY BRIDGE FUND.
(a) Definitions.--In this section:
(1) Nonprofit organization.--The term ``nonprofit
organization'' means an organization which is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
(2) Work program.--The term ``work program'' means any
agreement between In-Q-Tel and a third-party company, where
such third-party company furnishes or is furnishing a product
or service for use by any of In-Q-Tel's government customers to
address that customer's technology needs or requirements.
(b) Establishment of Fund.--There is established in the Treasury of
the United States a fund to be known as the ``Intelligence Community
Technology Bridge Fund'' (in this subsection referred to as the
``Fund'') to assist in the transitioning of products or services from
the research and development phase to the contracting and production
phase.
(c) Contents of Fund.--The Fund shall consist of amounts
appropriated to the Fund and amounts in the Fund shall remain available
until expended.
(d) Availability and Use of Fund.--
(1) In general.--Subject to paragraph (3), amounts in the
Fund shall be available to the Director of National
Intelligence to provide assistance to a business or nonprofit
organization that is transitioning a product or service.
(2) Types of assistance.--Assistance provided under
paragraph (1) may be distributed as funds in the form of a
grant, a payment for a product or service, or a payment for
equity.
(3) Requirements for funds.--Assistance may only be
provided under paragraph (1) to a business or nonprofit
organization that is transitioning a product or service if--
(A) the business or nonprofit organization--
(i) has participated or is participating in
a work program; or
(ii) is engaged with an element of the
intelligence community or Department of Defense
for research and development; and
(B) the Director of National Intelligence or the
head of an element of the intelligence community
attests that the product or service will be utilized by
an element of the intelligence community for a mission
need, such as because it would be valuable in
addressing a needed capability, fill or complement a
technology gap, or increase the supplier base or price-
competitiveness for the Federal Government.
(4) Priority for small business concerns and nontraditional
defense contractors.--In providing assistance under paragraph
(1), the Director shall prioritize the provision of assistance
to small business concerns (as defined under section 3(a) of
the Small Business Act (15 U.S.C. 632(a))) and nontraditional
defense contractors (as defined in section 3014 of title 10,
United States Code).
(e) Administration of Fund.--
(1) In general.--The Fund shall be administered by the
Director of National Intelligence.
(2) Consultation.--In administering the Fund, the
Director--
(A) shall consult with the heads of the elements of
the intelligence community; and
(B) may consult with In-Q-Tel, the Defense Advanced
Research Project Agency, the North Atlantic Treaty
Organization Investment Fund, and the Defense
Innovation Unit.
(f) Annual Reports.--
(1) In general.--Not later than September 30, 2025, and
each fiscal year thereafter, the Director shall submit to the
congressional intelligence committees a report on the Fund.
(2) Contents.--Each report submitted pursuant to paragraph
(1) shall include, for the period covered by the report,
information about the following:
(A) How much was expended or obligated using
amounts from the Fund.
(B) For what the amounts were expended or
obligated.
(C) The effects of such expenditures and
obligations.
(D) Summarize annual transition activities and
outcomes of such activities for the intelligence
community.
(3) Form.--Each report submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(g) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to the Fund $75,000,000 for
fiscal year 2025 and for each fiscal year thereafter.
(2) Limitation.--The amount in the Fund shall not exceed
$75,000,000 at any time.
SEC. 5. ENHANCEMENT OF AUTHORITY FOR INTELLIGENCE COMMUNITY PUBLIC-
PRIVATE TALENT EXCHANGES.
(a) Focus Areas.--Subsection (a) of section 5306 of the Damon Paul
Nelson and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) by adding at the end the following:
``(2) Focus areas.--The Director shall ensure that the
policies, processes, and procedures developed pursuant to
paragraph (1) include a focus on rotations described in such
paragraph with private-sector organizations in the following
fields:
``(A) Finance.
``(B) Acquisition.
``(C) Biotechnology.
``(D) Computing.
``(E) Artificial intelligence.
``(F) Business process innovation and
entrepreneurship.
``(G) Cybersecurity.
``(H) Materials and manufacturing.
``(I) Any other technology or research field the
Director determines relevant to meet evolving national
security threats in technology sectors.''.
(b) Duration of Temporary Details.--Subsection (e) of section 5306
of the Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C.
3334) is amended--
(1) in paragraph (1), by striking ``3 years'' and inserting
``5 years''; and
(2) in paragraph (2), by striking ``3 years'' and inserting
``5 years''.
(c) Treatment of Private-Sector Employees.--Subsection (g) of such
section is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) shall not be considered to have a conflict of
interest with an element of the intelligence community solely
because of being detailed to an element of the intelligence
community under this section.''.
(d) Hiring Authority.--Such section is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Hiring Authority.--
``(1) In general.--The Director may hire, under section
213.3102(r) of title 5, Code of Federal Regulations, or
successor regulations, an individual who is an employee of a
private-sector organization who is detailed to an element of
the intelligence community under this section.
``(2) No personnel billet required.--Hiring an individual
under paragraph (1) shall not require a personnel billet.''.
(e) Annual Reports.--Not later than 1 year after the date of the
enactment of this Act and annually thereafter for 2 more years, the
Director of National Intelligence shall submit to the congressional
intelligence committees an annual report on--
(1) the implementation of the policies, processes, and
procedures developed pursuant to subsection (a) of such section
5306 (50 U.S.C. 3334) and the administration of such section;
(2) how the heads of the elements of the intelligence
community are using or plan to use the authorities provided
under such section; and
(3) recommendations for legislative or administrative
action to increase use of the authorities provided under such
section.
SEC. 6. ENHANCING INTELLIGENCE COMMUNITY ABILITY TO ACQUIRE EMERGING
TECHNOLOGY THAT FULFILLS INTELLIGENCE COMMUNITY NEEDS.
(a) Definition of Work Program.--The term ``work program'' means
any agreement between In-Q-Tel and a third-party company, where such
third-party company furnishes or is furnishing a product or service for
use by any of In-Q-Tel's government customers to address that
customer's technology needs or requirements.
(b) In General.--In addition to the exceptions listed under section
3304(a) of title 41, United States Code, and section 3204(a) of title
10, United States Code, for the use of competitive procedures, the
Director of National Intelligence or the head of an element of the
intelligence community may use procedures other than competitive
procedures to acquire a property, product, or service if--
(1) the source of the property, product, or service is a
company that completed a work program in which the company
furnished the product or service; and
(2) the Director of National Intelligence or the head of an
element of the intelligence community certifies that such
property, product, or service has been shown to meet an
identified need of the intelligence community.
(c) Justification for Use of Procedures Other Than Competitive
Procedures.--
(1) In general.--Property, a product, a supply, or a
service may not be acquired by the Director or the head of an
element of the intelligence community under subsection (b)
using procedures other than competitive procedures unless the
acquiring officer for the acquisition justifies the use of such
procedures in writing.
(2) Contents.--A justification in writing described in
paragraph (1) for an acquisition using procedures other than
competitive procedures shall include the following:
(A) A description of the need of the element of the
intelligence community that the property, product, or
service satisfies.
(B) A certification that the anticipated costs will
be fair and reasonable.
(C) A description of the market survey conducted or
a statement of the reasons a market survey was not
conducted.
(D) Such other matters as the Director or the head,
as the case may be, determines appropriate.
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