118th CONGRESS 2d Session |
To enhance intelligence community acquisitions, and for other purposes.
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
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,
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”.
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).
(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.
(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:
“(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.