[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5444 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 5444

 To enhance the authority of the intelligence community to enter into 
        public-private talent exchanges, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 5, 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 the authority of the intelligence community to enter into 
        public-private talent exchanges, 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 ``Enable Intelligence Community 
Partnerships 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 CONGRESS ENCOURAGING INTELLIGENCE COMMUNITY TO 
              INCREASE PRIVATE SECTOR CAPITAL PARTNERSHIPS AND 
              PARTNERSHIP WITH FEDERAL PARTNERS TO SECURE ENDURING 
              TECHNOLOGICAL ADVANTAGES.

    It is the sense of Congress 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 
        consultation with Federal partners, including the Office of 
        Strategic Capital of the Office of the Secretary of Defense and 
        the Office of Domestic Finance of the Department of the 
        Treasury, on best practices and lessons learned from their 
        experiences integrating these resources so as to accelerate 
        attainment of national security objectives.

SEC. 4. 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) require exchanges under this section relate to 
        intelligence or counterintelligence with 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 have access to any trade secrets or 
        proprietary information which is of commercial value or 
        competitive advantage to the private-sector organization from 
        which such employee is detailed.''.
    (d) Organizational Conflicts of Interest.--Such section is 
amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following:
    ``(i) Organizational Conflicts of Interest.--
            ``(1) In general.--A private-sector organization that 
        temporarily details a member of its workforce to an element of 
        the intelligence community or that accepts the temporary detail 
        of a member of the intelligence community shall not be 
        considered to have an organizational conflict of interest with 
        the element of the intelligence community solely because of 
        participation in the program established under this section.
            ``(2) Identification of conflicts of interest.--If the 
        identification of an organizational conflict of interest arises 
        based on the particular facts surrounding an individual's 
        participation in the program established under this section and 
        the nature of any contract, then the heads of intelligence 
        community elements shall implement a system to avoid, 
        neutralize, or mitigate any such organizational conflicts of 
        interest.''.
    (e) Annual Reports.--
            (1) Definition of appropriate committees of congress.--In 
        this subsection, the term ``appropriate committees of 
        Congress'' means--
                    (A) the congressional intelligence committees;
                    (B) the Committee on Appropriations of the Senate; 
                and
                    (C) the Committee on Appropriations of the House of 
                Representatives.
            (2) In general.--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 appropriate committees of Congress an annual report on--
                    (A) 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;
                    (B) how the heads of the elements of the 
                intelligence community are using or plan to use the 
                authorities provided under such section; and
                    (C) recommendations for legislative or 
                administrative action to increase use of the 
                authorities provided under such section.
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