,,ii #aahth ,,congress #b;d ,session ,s4 #dcff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjbd,mr4 ,cornyn 7for himself1 ,mr4 ,warner1 ,mr4 ,kelly1 and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,select ,committee on ,intelligence ,a ,,bill ,to enhance intelligence community acquisitions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,enabling ,new ,agile ,buying-power and ,leveraging ,enhancements in ,intelligence ,community ,acquisitions ,act #bjbd or the ,,enable ,,ic ,acquisitions ,act of #bjbd4 #b4 ,definitions ,in this ,act3 7#a7 ,congressional intelligence committees ,the term congressional intelligence committees has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#b7 ,intelligence community ,the term intelligence community has the meaning given such term in such section4 #c4 ,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-- 7#a7 acquisition leaders in the intelligence community should further explore the strategic use of private capital partnerships to secure enduring technological advantages for the intelligence community1 including through the identification1 development1 and transfer of promising technologies to full-scale programs capable of meeting intelligence community requirements2 and 7#b7 the intelligence community should undertake regular consultation with ,federal partners1 such as the ,office of ,strategic ,capital of the ,office of the ,secretary of ,defense1 on best practices and lessons learned from their experiences integrating these resources to accelerate attainment of national security objectives4 #d4 ,intelligence ,community ,technology ,bridge ,fund 7a7 ,definitions ,in this section3 7#a7 ,nonprofit organization ,the term nonprofit organization means an organization which is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7#b7 ,work program ,the term work program means any agreement between ,in-,q-,tel and a third-party company1 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 requirements4 7b7 ,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 7in this subsection referred to as the ,fund7 to assist in the transitioning of products or services from the research and development phase to the contracting and production phase4 7c7 ,contents of fund ,the ,fund shall consist of amounts appropriated to the ,fund and amounts in the ,fund shall remain available until expended4 7d7 ,availability and use of ,fund 7#a7 ,in general ,subject to paragraph 7#c71 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 service4 7#b7 ,types of assistance ,assistance provided under paragraph 7#a7 may be distributed as funds in the form of a grant1 a payment for a product or service1 or a payment for equity4 7#c7 ,requirements for funds ,assistance may only be provided under paragraph 7#a7 to a business or nonprofit organization that is transitioning a product or service if-- 7,a7 the business or nonprofit organization-- 7i7 has participated or is participating in a work program2 or 7ii7 is engaged with an element of the intelligence community or ,department of ,defense for research and development2 and 7,b7 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 need1 such as because it would be valuable in addressing a needed capability1 fill or complement a technology gap1 or increase the supplier base or price-competitiveness for the ,federal ,government4 7#d7 ,priority for small business concerns and nontraditional defense contractors ,in providing assistance under paragraph 7#a71 the ,director shall prioritize the provision of assistance to small business concerns 7as defined under section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a777 and nontraditional defense contractors 7as defined in section #cjad of title #aj1 ,united ,states ,code74 7e7 ,administration of ,fund 7#a7 ,in general ,the ,fund shall be administered by the ,director of ,national ,intelligence4 7#b7 ,consultation ,in administering the ,fund1 the ,director-- 7,a7 shall consult with the heads of the elements of the intelligence community2 and 7,b7 may consult with ,in-,q-,tel1 the ,defense ,advanced ,research ,project ,agency1 the ,north ,atlantic ,treaty ,organization ,investment ,fund1 and the ,defense ,innovation ,unit4 7f7 ,annual reports 7#a7 ,in general ,not later than ,september #cj1 #bjbe1 and each fiscal year thereafter1 the ,director shall submit to the congressional intelligence committees a report on the ,fund4 7#b7 ,contents ,each report submitted pursuant to paragraph 7#a7 shall include1 for the period covered by the report1 information about the following3 7,a7 ,how much was expended or obligated using amounts from the ,fund4 7,b7 ,for what the amounts were expended or obligated4 7,c7 ,the effects of such expenditures and obligations4 7,d7 ,summarize annual transition activities and outcomes of such activities for the intelligence community4 7#c7 ,form ,each report submitted pursuant to paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7g7 ,authorization of appropriations 7#a7 ,in general ,subject to paragraph 7#b71 there is authorized to be appropriated to the ,fund #ge1jjj1jjj for fiscal year #bjbe and for each fiscal year thereafter4 7#b7 ,limitation ,the amount in the ,fund shall not exceed #ge1jjj1jjj at any time4 #e4 ,enhancement of authority for intelligence community public-private talent exchanges 7a7 ,focus areas ,subsection 7a7 of section #ecjf of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#ej ,u4,s4,c4 #cccd7 is amended-- 7#a7 by striking ,not later than and inserting the following3 7#a7 ,in general ,not later than 2 and 7#b7 by adding at the end the following3 7#b7 ,focus areas ,the ,director shall ensure that the policies1 processes1 and procedures developed pursuant to paragraph 7#a7 include a focus on rotations described in such paragraph with private-sector organizations in the following fields3 7,a7 ,finance4 7,b7 ,acquisition4 7,c7 ,biotechnology4 7,d7 ,computing4 7,e7 ,artificial intelligence4 7,f7 ,business process innovation and entrepreneurship4 7,g7 ,cybersecurity4 7,h7 ,materials and manufacturing4 7,i7 ,any other technology or research field the ,director determines relevant to meet evolving national security threats in technology sectors4 4 7b7 ,duration of temporary details ,subsection 7e7 of section #ecjf of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#ej ,u4,s4,c4 #cccd7 is amended-- 7#a7 in paragraph 7#a71 by striking #c years and inserting #e years2 and 7#b7 in paragraph 7#b71 by striking #c years and inserting #e years4 7c7 ,treatment of private-,sector employees ,subsection 7g7 of such section is amended-- 7#a7 in paragraph 7#e71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#g7 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 section4 4 7d7 ,hiring authority ,such section is amended-- 7#a7 by redesignating subsection 7j7 as subsection 7k72 and 7#b7 by inserting after subsection 7i7 the following3 7j7 ,hiring authority 7#a7 ,in general ,the ,director may hire1 under section #bac4cajb7r7 of title #e1 ,code of ,federal ,regulations1 or successor regulations1 an individual who is an employee of a private-sector organization who is detailed to an element of the intelligence community under this section4 7#b7 ,no personnel billet required ,hiring an individual under paragraph 7#a7 shall not require a personnel billet4 4 7e7 ,annual reports ,not later than #a year after the date of the enactment of this ,act and annually thereafter for #b more years1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees an annual report on-- 7#a7 the implementation of the policies1 processes1 and procedures developed pursuant to subsection 7a7 of such section #ecjf 7#ej ,u4,s4,c4 #cccd7 and the administration of such section2 7#b7 how the heads of the elements of the intelligence community are using or plan to use the authorities provided under such section2 and 7#c7 recommendations for legislative or administrative action to increase use of the authorities provided under such section4 #f4 ,enhancing intelligence community ability to acquire emerging technology that fulfills intelligence community needs 7a7 ,definition of work program ,the term work program means any agreement between ,in-,q-,tel and a third-party company1 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 requirements4 7b7 ,in general ,in addition to the exceptions listed under section #ccjd7;a7 of title #da1 ,united ,states ,code1 and section #cbjd7;a7 of title #aj1 ,united ,states ,code1 for the use of competitive procedures1 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 property1 product1 or service if-- 7#a7 the source of the property1 product1 or service is a company that completed a work program in which the company furnished the product or service2 and 7#b7 the ,director of ,national ,intelligence or the head of an element of the intelligence community certifies that such property1 product1 or service has been shown to meet an identified need of the intelligence community4 7c7 ,justification for use of procedures other than competitive procedures 7#a7 ,in general ,property1 a product1 a supply1 or a service may not be acquired by the ,director or the head of an element of the intelligence community under subsection 7b7 using procedures other than competitive procedures unless the acquiring officer for the acquisition justifies the use of such procedures in writing4 7#b7 ,contents ,a justification in writing described in paragraph 7#a7 for an acquisition using procedures other than competitive procedures shall include the following3 7,a7 ,a description of the need of the element of the intelligence community that the property1 product1 or service satisfies4 7,b7 ,a certification that the anticipated costs will be fair and reasonable4 7,c7 ,a description of the market survey conducted or a statement of the reasons a market survey was not conducted4 7,d7 ,such other matters as the ,director or the head1 as the case may be1 determines appropriate4