[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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