II
118THCONGRESS
2
DSESSION S. 4366
To enhance intelligence community acquisitions, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY16, 2024
Mr. C
ORNYN(for himself, Mr. WARNER, Mr. KELLY, and Mr. LANKFORD) in-
troduced the following bill; which was read twice and referred to the Se-
lect Committee on Intelligence
A BILL
To enhance intelligence community acquisitions, and for
other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Enabling New Agile 4
Buying-power and Leveraging Enhancements in Intel-5
ligence Community Acquisitions Act 2024’’ or the ‘‘EN-6
ABLE IC Acquisitions Act of 2024’’. 7
SEC. 2. DEFINITIONS. 8
In this Act: 9
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(1) CONGRESSIONAL INTELLIGENCE COMMIT -1
TEES.—The term ‘‘congressional intelligence com-2
mittees’’ has the meaning given such term in section 3
3 of the National Security Act of 1947 (50 U.S.C. 4
3003). 5
(2) I
NTELLIGENCE COMMUNITY .—The term 6
‘‘intelligence community’’ has the meaning given 7
such term in such section. 8
SEC. 3. SENSE OF THE SENATE ENCOURAGING INTEL-9
LIGENCE COMMUNITY TO INCREASE PRIVATE 10
SECTOR CAPITAL PARTNERSHIPS AND PART-11
NERSHIP WITH OFFICE OF STRATEGIC CAP-12
ITAL OF DEPARTMENT OF DEFENSE TO SE-13
CURE ENDURING TECHNOLOGICAL ADVAN-14
TAGES. 15
It is the sense of the Senate that— 16
(1) acquisition leaders in the intelligence com-17
munity should further explore the strategic use of 18
private capital partnerships to secure enduring tech-19
nological advantages for the intelligence community, 20
including through the identification, development, 21
and transfer of promising technologies to full-scale 22
programs capable of meeting intelligence community 23
requirements; and 24
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(2) the intelligence community should under-1
take regular consultation with Federal partners, 2
such as the Office of Strategic Capital of the Office 3
of the Secretary of Defense, on best practices and 4
lessons learned from their experiences integrating 5
these resources to accelerate attainment of national 6
security objectives. 7
SEC. 4. INTELLIGENCE COMMUNITY TECHNOLOGY BRIDGE 8
FUND. 9
(a) D
EFINITIONS.—In this section: 10
(1) N
ONPROFIT ORGANIZATION .—The term 11
‘‘nonprofit organization’’ means an organization 12
which is described in section 501(c)(3) of the Inter-13
nal Revenue Code of 1986 and exempt from tax 14
under section 501(a) of such Code. 15
(2) W
ORK PROGRAM.—The term ‘‘work pro-16
gram’’ means any agreement between In-Q-Tel and 17
a third-party company, where such third-party com-18
pany furnishes or is furnishing a product or service 19
for use by any of In-Q-Tel’s government customers 20
to address that customer’s technology needs or re-21
quirements. 22
(b) E
STABLISHMENT OF FUND.—There is estab-23
lished in the Treasury of the United States a fund to be 24
known as the ‘‘Intelligence Community Technology Bridge 25
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Fund’’ (in this subsection referred to as the ‘‘Fund’’) to 1
assist in the transitioning of products or services from the 2
research and development phase to the contracting and 3
production phase. 4
(c) C
ONTENTS OFFUND.—The Fund shall consist of 5
amounts appropriated to the Fund and amounts in the 6
Fund shall remain available until expended. 7
(d) A
VAILABILITY ANDUSE OFFUND.— 8
(1) I
N GENERAL.—Subject to paragraph (3), 9
amounts in the Fund shall be available to the Direc-10
tor of National Intelligence to provide assistance to 11
a business or nonprofit organization that is 12
transitioning a product or service. 13
(2) T
YPES OF ASSISTANCE .—Assistance pro-14
vided under paragraph (1) may be distributed as 15
funds in the form of a grant, a payment for a prod-16
uct or service, or a payment for equity. 17
(3) R
EQUIREMENTS FOR FUNDS .—Assistance 18
may only be provided under paragraph (1) to a busi-19
ness or nonprofit organization that is transitioning 20
a product or service if— 21
(A) the business or nonprofit organiza-22
tion— 23
(i) has participated or is participating 24
in a work program; or 25
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(ii) is engaged with an element of the 1
intelligence community or Department of 2
Defense for research and development; and 3
(B) the Director of National Intelligence or 4
the head of an element of the intelligence com-5
munity attests that the product or service will 6
be utilized by an element of the intelligence 7
community for a mission need, such as because 8
it would be valuable in addressing a needed ca-9
pability, fill or complement a technology gap, or 10
increase the supplier base or price-competitive-11
ness for the Federal Government. 12
(4) P
RIORITY FOR SMALL BUSINESS CONCERNS 13
AND NONTRADITIONAL DEFENSE CONTRACTORS .—In 14
providing assistance under paragraph (1), the Direc-15
tor shall prioritize the provision of assistance to 16
small business concerns (as defined under section 17
3(a) of the Small Business Act (15 U.S.C. 632(a))) 18
and nontraditional defense contractors (as defined in 19
section 3014 of title 10, United States Code). 20
(e) A
DMINISTRATION OFFUND.— 21
(1) I
N GENERAL.—The Fund shall be adminis-22
tered by the Director of National Intelligence. 23
(2) C
ONSULTATION.—In administering the 24
Fund, the Director— 25
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(A) shall consult with the heads of the ele-1
ments of the intelligence community; and 2
(B) may consult with In-Q-Tel, the De-3
fense Advanced Research Project Agency, the 4
North Atlantic Treaty Organization Investment 5
Fund, and the Defense Innovation Unit. 6
(f) A
NNUALREPORTS.— 7
(1) I
N GENERAL.—Not later than September 8
30, 2025, and each fiscal year thereafter, the Direc-9
tor shall submit to the congressional intelligence 10
committees a report on the Fund. 11
(2) C
ONTENTS.—Each report submitted pursu-12
ant to paragraph (1) shall include, for the period 13
covered by the report, information about the fol-14
lowing: 15
(A) How much was expended or obligated 16
using amounts from the Fund. 17
(B) For what the amounts were expended 18
or obligated. 19
(C) The effects of such expenditures and 20
obligations. 21
(D) Summarize annual transition activities 22
and outcomes of such activities for the intel-23
ligence community. 24
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(3) FORM.—Each report submitted pursuant to 1
paragraph (1) shall be submitted in unclassified 2
form, but may include a classified annex. 3
(g) A
UTHORIZATION OFAPPROPRIATIONS.— 4
(1) I
N GENERAL.—Subject to paragraph (2), 5
there is authorized to be appropriated to the Fund 6
$75,000,000 for fiscal year 2025 and for each fiscal 7
year thereafter. 8
(2) L
IMITATION.—The amount in the Fund 9
shall not exceed $75,000,000 at any time. 10
SEC. 5. ENHANCEMENT OF AUTHORITY FOR INTELLIGENCE 11
COMMUNITY PUBLIC-PRIVATE TALENT EX-12
CHANGES. 13
(a) F
OCUSAREAS.—Subsection (a) of section 5306 14
of the Damon Paul Nelson and Matthew Young Pollard 15
Intelligence Authorization Act for Fiscal Years 2018, 16
2019, and 2020 (50 U.S.C. 3334) is amended— 17
(1) by striking ‘‘Not later than’’ and inserting 18
the following: 19
‘‘(1) I
N GENERAL.—Not later than’’; and 20
(2) by adding at the end the following: 21
‘‘(2) F
OCUS AREAS.—The Director shall ensure 22
that the policies, processes, and procedures devel-23
oped pursuant to paragraph (1) include a focus on 24
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rotations described in such paragraph with private- 1
sector organizations in the following fields: 2
‘‘(A) Finance. 3
‘‘(B) Acquisition. 4
‘‘(C) Biotechnology. 5
‘‘(D) Computing. 6
‘‘(E) Artificial intelligence. 7
‘‘(F) Business process innovation and en-8
trepreneurship. 9
‘‘(G) Cybersecurity. 10
‘‘(H) Materials and manufacturing. 11
‘‘(I) Any other technology or research field 12
the Director determines relevant to meet evolv-13
ing national security threats in technology sec-14
tors.’’. 15
(b) D
URATION OF TEMPORARY DETAILS.—Sub-16
section (e) of section 5306 of the Damon Paul Nelson and 17
Matthew Young Pollard Intelligence Authorization Act for 18
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334) is 19
amended— 20
(1) in paragraph (1), by striking ‘‘3 years’’ and 21
inserting ‘‘5 years’’; and 22
(2) in paragraph (2), by striking ‘‘3 years’’ and 23
inserting ‘‘5 years’’. 24
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(c) TREATMENT OF PRIVATE-SECTOREMPLOY-1
EES.—Subsection (g) of such section is amended— 2
(1) in paragraph (5), by striking ‘‘; and’’ and 3
inserting a semicolon; 4
(2) in paragraph (6), by striking the period at 5
the end and inserting ‘‘; and’’; and 6
(3) by adding at the end the following: 7
‘‘(7) shall not be considered to have a conflict 8
of interest with an element of the intelligence com-9
munity solely because of being detailed to an ele-10
ment of the intelligence community under this sec-11
tion.’’. 12
(d) H
IRINGAUTHORITY.—Such section is amended— 13
(1) by redesignating subsection (j) as sub-14
section (k); and 15
(2) by inserting after subsection (i) the fol-16
lowing: 17
‘‘(j) H
IRINGAUTHORITY.— 18
‘‘(1) I
N GENERAL.—The Director may hire, 19
under section 213.3102(r) of title 5, Code of Federal 20
Regulations, or successor regulations, an individual 21
who is an employee of a private-sector organization 22
who is detailed to an element of the intelligence com-23
munity under this section. 24
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‘‘(2) NO PERSONNEL BILLET REQUIRED .—Hir-1
ing an individual under paragraph (1) shall not re-2
quire a personnel billet.’’. 3
(e) A
NNUALREPORTS.—Not later than 1 year after 4
the date of the enactment of this Act and annually there-5
after for 2 more years, the Director of National Intel-6
ligence shall submit to the congressional intelligence com-7
mittees an annual report on— 8
(1) the implementation of the policies, proc-9
esses, and procedures developed pursuant to sub-10
section (a) of such section 5306 (50 U.S.C. 3334) 11
and the administration of such section; 12
(2) how the heads of the elements of the intel-13
ligence community are using or plan to use the au-14
thorities provided under such section; and 15
(3) recommendations for legislative or adminis-16
trative action to increase use of the authorities pro-17
vided under such section. 18
SEC. 6. ENHANCING INTELLIGENCE COMMUNITY ABILITY 19
TO ACQUIRE EMERGING TECHNOLOGY THAT 20
FULFILLS INTELLIGENCE COMMUNITY 21
NEEDS. 22
(a) D
EFINITION OFWORKPROGRAM.—The term 23
‘‘work program’’ means any agreement between In-Q-Tel 24
and a third-party company, where such third-party com-25
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pany furnishes or is furnishing a product or service for 1
use by any of In-Q-Tel’s government customers to address 2
that customer’s technology needs or requirements. 3
(b) I
NGENERAL.—In addition to the exceptions list-4
ed under section 3304(a) of title 41, United States Code, 5
and section 3204(a) of title 10, United States Code, for 6
the use of competitive procedures, the Director of National 7
Intelligence or the head of an element of the intelligence 8
community may use procedures other than competitive 9
procedures to acquire a property, product, or service if— 10
(1) the source of the property, product, or serv-11
ice is a company that completed a work program in 12
which the company furnished the product or service; 13
and 14
(2) the Director of National Intelligence or the 15
head of an element of the intelligence community 16
certifies that such property, product, or service has 17
been shown to meet an identified need of the intel-18
ligence community. 19
(c) J
USTIFICATION FOR USE OFPROCEDURES 20
O
THERTHANCOMPETITIVEPROCEDURES.— 21
(1) I
N GENERAL.—Property, a product, a sup-22
ply, or a service may not be acquired by the Director 23
or the head of an element of the intelligence commu-24
nity under subsection (b) using procedures other 25
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than competitive procedures unless the acquiring of-1
ficer for the acquisition justifies the use of such pro-2
cedures in writing. 3
(2) C
ONTENTS.—A justification in writing de-4
scribed in paragraph (1) for an acquisition using 5
procedures other than competitive procedures shall 6
include the following: 7
(A) A description of the need of the ele-8
ment of the intelligence community that the 9
property, product, or service satisfies. 10
(B) A certification that the anticipated 11
costs will be fair and reasonable. 12
(C) A description of the market survey 13
conducted or a statement of the reasons a mar-14
ket survey was not conducted. 15
(D) Such other matters as the Director or 16
the head, as the case may be, determines appro-17
priate. 18
Æ
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