II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enabling New Agile 

5 Buying-power and Leveraging Enhancements in Intel6 ligence Community Acquisitions Act 2024’’ or the ‘‘EN7 ABLE IC Acquisitions Act of 2024’’. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4366 IS

1 (1) CONGRESSIONAL INTELLIGENCE COMMIT2 TEES.—The term ‘‘congressional intelligence com3 mittees’’ has the meaning given such term in section 

4 3 of the National Security Act of 1947 (50 U.S.C. 

5 3003). 

6 (2) INTELLIGENCE COMMUNITY.—The term 

7 ‘‘intelligence community’’ has the meaning given 

8 such term in such section. 

9 SEC. 3. SENSE OF THE SENATE ENCOURAGING INTEL10 LIGENCE COMMUNITY TO INCREASE PRIVATE 

11 SECTOR CAPITAL PARTNERSHIPS AND PART12 NERSHIP WITH OFFICE OF STRATEGIC CAP13 ITAL OF DEPARTMENT OF DEFENSE TO SE14 CURE ENDURING TECHNOLOGICAL ADVAN15 TAGES. 

16 It is the sense of the Senate that— 

17 (1) acquisition leaders in the intelligence com18 munity should further explore the strategic use of 

19 private capital partnerships to secure enduring tech20 nological advantages for the intelligence community, 

21 including through the identification, development, 

22 and transfer of promising technologies to full-scale 

23 programs capable of meeting intelligence community 

24 requirements; and 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4366 IS

1 (2) the intelligence community should under2 take regular consultation with Federal partners, 

3 such as the Office of Strategic Capital of the Office 

4 of the Secretary of Defense, on best practices and 

5 lessons learned from their experiences integrating 

6 these resources to accelerate attainment of national 

7 security objectives. 

8 SEC. 4. INTELLIGENCE COMMUNITY TECHNOLOGY BRIDGE 

9 FUND. 

10 (a) DEFINITIONS.—In this section: 

11 (1) NONPROFIT ORGANIZATION.—The term 

12 ‘‘nonprofit organization’’ means an organization 

13 which is described in section 501(c)(3) of the Inter14 nal Revenue Code of 1986 and exempt from tax 

15 under section 501(a) of such Code. 

16 (2) WORK PROGRAM.—The term ‘‘work pro17 gram’’ means any agreement between In-Q-Tel and 

18 a third-party company, where such third-party com19 pany furnishes or is furnishing a product or service 

20 for use by any of In-Q-Tel’s government customers 

21 to address that customer’s technology needs or re22 quirements. 

23 (b) ESTABLISHMENT OF FUND.—There is estab24 lished in the Treasury of the United States a fund to be 

25 known as the ‘‘Intelligence Community Technology Bridge 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 4366 IS

1 Fund’’ (in this subsection referred to as the ‘‘Fund’’) to 

2 assist in the transitioning of products or services from the 

3 research and development phase to the contracting and 

4 production phase. 

5 (c) CONTENTS OF FUND.—The Fund shall consist of 

6 amounts appropriated to the Fund and amounts in the 

7 Fund shall remain available until expended. 

8 (d) AVAILABILITY AND USE OF FUND.— 

9 (1) IN GENERAL.—Subject to paragraph (3), 

10 amounts in the Fund shall be available to the Direc11 tor of National Intelligence to provide assistance to 

12 a business or nonprofit organization that is 

13 transitioning a product or service. 

14 (2) TYPES OF ASSISTANCE.—Assistance pro15 vided under paragraph (1) may be distributed as 

16 funds in the form of a grant, a payment for a prod17 uct or service, or a payment for equity. 

18 (3) REQUIREMENTS FOR FUNDS.—Assistance 

19 may only be provided under paragraph (1) to a busi20 ness or nonprofit organization that is transitioning 

21 a product or service if— 

22 (A) the business or nonprofit organiza23 tion— 

24 (i) has participated or is participating 

25 in a work program; or 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 4366 IS

1 (ii) is engaged with an element of the 

2 intelligence community or Department of 

3 Defense for research and development; and 

4 (B) the Director of National Intelligence or 

5 the head of an element of the intelligence com6 munity attests that the product or service will 

7 be utilized by an element of the intelligence 

8 community for a mission need, such as because 

9 it would be valuable in addressing a needed ca10 pability, fill or complement a technology gap, or 

11 increase the supplier base or price-competitive12 ness for the Federal Government. 

13 (4) PRIORITY FOR SMALL BUSINESS CONCERNS

14 AND NONTRADITIONAL DEFENSE CONTRACTORS.—In 

15 providing assistance under paragraph (1), the Direc16 tor shall prioritize the provision of assistance to 

17 small business concerns (as defined under section 

18 3(a) of the Small Business Act (15 U.S.C. 632(a))) 

19 and nontraditional defense contractors (as defined in 

20 section 3014 of title 10, United States Code). 

21 (e) ADMINISTRATION OF FUND.— 

22 (1) IN GENERAL.—The Fund shall be adminis23 tered by the Director of National Intelligence. 

24 (2) CONSULTATION.—In administering the 

25 Fund, the Director— 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 4366 IS

1 (A) shall consult with the heads of the ele2 ments of the intelligence community; and 

3 (B) may consult with In-Q-Tel, the De4 fense Advanced Research Project Agency, the 

5 North Atlantic Treaty Organization Investment 

6 Fund, and the Defense Innovation Unit. 

7 (f) ANNUAL REPORTS.— 

8 (1) IN GENERAL.—Not later than September 

9 30, 2025, and each fiscal year thereafter, the Direc10 tor shall submit to the congressional intelligence 

11 committees a report on the Fund. 

12 (2) CONTENTS.—Each report submitted pursu13 ant to paragraph (1) shall include, for the period 

14 covered by the report, information about the fol15 lowing: 

16 (A) How much was expended or obligated 

17 using amounts from the Fund. 

18 (B) For what the amounts were expended 

19 or obligated. 

20 (C) The effects of such expenditures and 

21 obligations. 

22 (D) Summarize annual transition activities 

23 and outcomes of such activities for the intel24 ligence community. 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 4366 IS

1 (3) FORM.—Each report submitted pursuant to 

2 paragraph (1) shall be submitted in unclassified 

3 form, but may include a classified annex. 

4 (g) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 there is authorized to be appropriated to the Fund 

7 $75,000,000 for fiscal year 2025 and for each fiscal 

8 year thereafter. 

9 (2) LIMITATION.—The amount in the Fund 

10 shall not exceed $75,000,000 at any time. 

11 SEC. 5. ENHANCEMENT OF AUTHORITY FOR INTELLIGENCE 

12 COMMUNITY PUBLIC-PRIVATE TALENT EX13 CHANGES. 

14 (a) FOCUS AREAS.—Subsection (a) of section 5306 

15 of the Damon Paul Nelson and Matthew Young Pollard 

16 Intelligence Authorization Act for Fiscal Years 2018, 

17 2019, and 2020 (50 U.S.C. 3334) is amended— 

18 (1) by striking ‘‘Not later than’’ and inserting 

19 the following: 

20 ‘‘(1) IN GENERAL.—Not later than’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(2) FOCUS AREAS.—The Director shall ensure 

23 that the policies, processes, and procedures devel24 oped pursuant to paragraph (1) include a focus on 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 4366 IS

1 rotations described in such paragraph with private2 sector organizations in the following fields: 

3 ‘‘(A) Finance. 

4 ‘‘(B) Acquisition. 

5 ‘‘(C) Biotechnology. 

6 ‘‘(D) Computing. 

7 ‘‘(E) Artificial intelligence. 

8 ‘‘(F) Business process innovation and en9 trepreneurship. 

10 ‘‘(G) Cybersecurity. 

11 ‘‘(H) Materials and manufacturing. 

12 ‘‘(I) Any other technology or research field 

13 the Director determines relevant to meet evolv14 ing national security threats in technology sec15 tors.’’. 

16 (b) DURATION OF TEMPORARY DETAILS.—Sub17 section (e) of section 5306 of the Damon Paul Nelson and 

18 Matthew Young Pollard Intelligence Authorization Act for 

19 Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334) is 

20 amended— 

21 (1) in paragraph (1), by striking ‘‘3 years’’ and 

22 inserting ‘‘5 years’’; and 

23 (2) in paragraph (2), by striking ‘‘3 years’’ and 

24 inserting ‘‘5 years’’. 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 4366 IS

1 (c) TREATMENT OF PRIVATE-SECTOR EMPLOY2 EES.—Subsection (g) of such section is amended— 

3 (1) in paragraph (5), by striking ‘‘; and’’ and 

4 inserting a semicolon; 

5 (2) in paragraph (6), by striking the period at 

6 the end and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(7) shall not be considered to have a conflict 

9 of interest with an element of the intelligence com10 munity solely because of being detailed to an ele11 ment of the intelligence community under this sec12 tion.’’. 

13 (d) HIRING AUTHORITY.—Such section is amended— 

14 (1) by redesignating subsection (j) as sub15 section (k); and 

16 (2) by inserting after subsection (i) the fol17 lowing: 

18 ‘‘(j) HIRING AUTHORITY.— 

19 ‘‘(1) IN GENERAL.—The Director may hire, 

20 under section 213.3102(r) of title 5, Code of Federal 

21 Regulations, or successor regulations, an individual 

22 who is an employee of a private-sector organization 

23 who is detailed to an element of the intelligence com24 munity under this section. 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 4366 IS

1 ‘‘(2) NO PERSONNEL BILLET REQUIRED.—Hir2 ing an individual under paragraph (1) shall not re3 quire a personnel billet.’’. 

4 (e) ANNUAL REPORTS.—Not later than 1 year after 

5 the date of the enactment of this Act and annually there6 after for 2 more years, the Director of National Intel7 ligence shall submit to the congressional intelligence com8 mittees an annual report on— 

9 (1) the implementation of the policies, proc10 esses, and procedures developed pursuant to sub11 section (a) of such section 5306 (50 U.S.C. 3334) 

12 and the administration of such section; 

13 (2) how the heads of the elements of the intel14 ligence community are using or plan to use the au15 thorities provided under such section; and 

16 (3) recommendations for legislative or adminis17 trative action to increase use of the authorities pro18 vided under such section. 

19 SEC. 6. ENHANCING INTELLIGENCE COMMUNITY ABILITY 

20 TO ACQUIRE EMERGING TECHNOLOGY THAT 

21 FULFILLS INTELLIGENCE COMMUNITY 

22 NEEDS. 

23 (a) DEFINITION OF WORK PROGRAM.—The term 

24 ‘‘work program’’ means any agreement between In-Q-Tel 

25 and a third-party company, where such third-party comVerDate Sep 11 2014 03:23 Jun 27, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4366.IS S4366

ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 4366 IS

1 pany furnishes or is furnishing a product or service for 

2 use by any of In-Q-Tel’s government customers to address 

3 that customer’s technology needs or requirements. 

4 (b) IN GENERAL.—In addition to the exceptions list5 ed under section 3304(a) of title 41, United States Code, 

6 and section 3204(a) of title 10, United States Code, for 

7 the use of competitive procedures, the Director of National 

8 Intelligence or the head of an element of the intelligence 

9 community may use procedures other than competitive 

10 procedures to acquire a property, product, or service if— 

11 (1) the source of the property, product, or serv12 ice is a company that completed a work program in 

13 which the company furnished the product or service; 

14 and 

15 (2) the Director of National Intelligence or the 

16 head of an element of the intelligence community 

17 certifies that such property, product, or service has 

18 been shown to meet an identified need of the intel19 ligence community. 

20 (c) JUSTIFICATION FOR USE OF PROCEDURES

21 OTHER THAN COMPETITIVE PROCEDURES.— 

22 (1) IN GENERAL.—Property, a product, a sup23 ply, or a service may not be acquired by the Director 

24 or the head of an element of the intelligence commu25 nity under subsection (b) using procedures other 


ssavage on LAPJG3WLY3PROD with BILLS
12 

•S 4366 IS

1 than competitive procedures unless the acquiring of2 ficer for the acquisition justifies the use of such pro3 cedures in writing. 

4 (2) CONTENTS.—A justification in writing de5 scribed in paragraph (1) for an acquisition using 

6 procedures other than competitive procedures shall 

7 include the following: 

8 (A) A description of the need of the ele9 ment of the intelligence community that the 

10 property, product, or service satisfies. 

11 (B) A certification that the anticipated 

12 costs will be fair and reasonable. 

13 (C) A description of the market survey 

14 conducted or a statement of the reasons a mar15 ket survey was not conducted. 

16 (D) Such other matters as the Director or 

17 the head, as the case may be, determines appro18 priate. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS