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FY2023 NDAA (Public Law 117-263): AARO reporting and oversight provisions

U.S. Congress · 2022-12-23
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FY2023 NDAA (Public Law 117-263): AARO reporting and oversight provisions · 1772 pages · PDF 4.6 MB

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Page 18

136 STAT. 2412
PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 1652. Improvements to acquisition accountability reports on the ballistic mis-
sile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense information
and systems.
Sec. 1654. Next generation interceptors for missile defense of United States home-
land.
Sec. 1655. Termination of requirement to transition ballistic missile defense pro-
grams to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile defense systems
and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1660. Integrated air and missile defense architecture for defense of Guam.
Sec. 1661. Limitation on availability of certain funds until submission of report on
implementation of the cruise missile defense architecture for the home-
land.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile
threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to certain allies
and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous United States.
Subtitle E—Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White House
Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address hard
and deeply buried targets.
TITLE XVII—MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of weapons pro-
vided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for Patriot air
and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability and capac-
ity needs for munitions production and stockpiling.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2803. Effective date and automatic execution of conforming changes to tables
of sections, tables of contents, and similar tabular entries.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4, 13, and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019 project at Camp
Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain fiscal year
2018 projects.
TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018 project.
Sec. 2205. Transfer of customers from Navy electrical utility system at former
Naval Air Station Barber’s Point, Hawaii, to new electrical system in
Kalaeloa, Hawaii.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
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136 STAT. 2425
PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 6702. Additional responsibilities of Director of National Intelligence for artifi-
cial intelligence policies, standards, and guidance for the intelligence
community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B—Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of commercial in-
tegration.
Sec. 6713. Pilot program on designated emerging technology transition projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility access by
certain contractors; reports on expansion of security clearances for cer-
tain contractors.
Sec. 6716. Compliance by intelligence community with requirements of Federal Ac-
quisition Regulation relating to commercially available off-the-shelf
items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts for artificial
intelligence and emerging technology software products.
Sec. 6718. Certification relating to information technology and software systems.
Subtitle C—Reports
Sec. 6721. Reports on integration of artificial intelligence within intelligence com-
munity.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence community
relating to science, technology, engineering, and math, and related
areas.
Subtitle D—Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E—Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII—OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil Liberties Over-
sight Board membership.
Sec. 6802. Modification of requirement for office to address unidentified anomalous
phenomena.
Sec. 6803. Comptroller General of the United States audits and briefings on un-
identified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of synthetic
opioids.
Sec. 6805. Assessment and report on mass migration in the Western Hemisphere.
Sec. 6806. Report on international norms, rules, and principles applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect to the Rus-
sian Federation’s invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia’s invasion of Ukraine on food security.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation to under-
take an effort to identify International Mobile Subscriber Identity-catch-
ers.
Sec. 6810. Department of State Bureau of Intelligence and Research assessment of
anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing requirements.
Sec. 6812. Increased intelligence-related engineering, research, and development
capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under Trusted
Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National Geospatial-Intel-
ligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information in personnel
vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to digital engi-
neering environment.
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Page 535

136 STAT. 2929
PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 1660. Integrated air and missile defense architecture for defense of Guam.
Sec. 1661. Limitation on availability of certain funds until submission of report on
implementation of the cruise missile defense architecture for the home-
land.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile
threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to certain allies
and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous United States.
Subtitle E—Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White House
Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address hard
and deeply buried targets.
Subtitle A—Space Activities
SEC. 1601. REQUIREMENTS FOR PROTECTION OF SATELLITES.
Chapter 135 of title 10, United States Code, is amended by
inserting after section 2275 the following new section (and con-
forming the table of sections at the beginning of such chapter
accordingly):
‘‘§ 2275a. Requirements for protection of satellites
‘‘(a) ESTABLISHMENT OF REQUIREMENTS.—Before a major sat-
ellite acquisition program achieves Milestone A approval, or equiva-
lent, the Chief of Staff of the Space Force, in consultation with
the Commander of the United States Space Command, shall estab-
lish requirements for the defense and resilience of the satellites
under that program against the capabilities of adversaries to target,
degrade, or destroy the satellites.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘major satellite acquisition program’ has the
meaning given that term in section 2275 of this title.
‘‘(2) The term ‘Milestone A approval’ has the meaning given
that term in section 4251 of this title 10.’’.
SEC. 1602. STRATEGY ON PROTECTION OF SATELLITES.
(a) STRATEGY.—
(1) REQUIREMENT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Director of National Intelligence, shall
make publicly available a strategy containing the actions that
will be taken to defend and protect on-orbit satellites of the
Department of Defense and the intelligence community from
the capabilities of adversaries to target, degrade, or destroy
satellites.
(2) FORMS.—The Secretary shall—
(A) make the strategy under paragraph (1) publicly
available in unclassified form; and
(B) submit to the appropriate congressional committees
an annex, which may be submitted in classified form, con-
taining supporting documents to the strategy.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
Deadline.
Public
information.
10 USC 2275a.
10 USC
prec. 2271.
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Page 565

136 STAT. 2959
PUBLIC LAW 117–263—DEC. 23, 2022
(b)
SPECIFICATION
OF
COOPERATIVE
THREAT
REDUCTION
FUNDS.—Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding
table in division D for the Department of Defense Cooperative
Threat Reduction Program shall be available for obligation for
fiscal years 2023, 2024, and 2025.
SEC. 1672. DEPARTMENT OF DEFENSE SUPPORT FOR REQUIREMENTS
OF THE WHITE HOUSE MILITARY OFFICE.
(a) MEMBERSHIP ON COUNCIL ON OVERSIGHT OF THE NATIONAL
LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM.—
Section 171a(b) of title 10, United States Code, is amended by—
(1) redesignating paragraph (7) as paragraph (8); and
(2) inserting after paragraph (6) the following new para-
graph (7):
‘‘(7) The Director of the White House Military Office.’’.
(b) PORTFOLIO MANAGER.—The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, shall designate a senior official to coordinate and
advocate for the portfolio of national level programs of the Depart-
ment of Defense that are either or both—
(1) in direct support of requirements from the White House
Military Office; or
(2) operationally relevant to the mission areas of the White
House Military Office.
(c) ACCESSIBILITY
OF INFORMATION.—The programmatic and
budgetary information required to assess the efficacy of the national
level programs covered by subsection (b) shall be provided to the
senior official designated under such subsection by the following
officials:
(1) The Secretary of each military department.
(2) The Under Secretary of Defense for Policy.
(3) The Under Secretary of Defense for Research and
Engineering.
(4) The Chairman of the Joint Chiefs of Staff.
(5) The Director of Cost Assessment and Program Evalua-
tion.
(d) ANNUAL BRIEFING.—Not later than 30 days after the date
on which the President submits to Congress a budget for each
of fiscal years 2024 through 2027 pursuant to section 1105(a) of
title 31, United States Code, the Under Secretary of Defense for
Acquisition and Sustainment, acting through the senior official
designated under subsection (b), and the personnel of the White
House Military Office that the Director of the White House Military
Office determines appropriate shall jointly provide to the congres-
sional defense committees a briefing on acquisition programs, plans,
and other activities supporting the requirements of the White House
Military Office.
SEC. 1673. UNIDENTIFIED ANOMALOUS PHENOMENA REPORTING
PROCEDURES.
(a) MECHANISM FOR AUTHORIZED REPORTING.—
(1) ESTABLISHMENT.—The Secretary of Defense, acting
through the head of the Office and in consultation with the
Director of National Intelligence, shall establish a secure
mechanism for authorized reporting of—
(A) any event relating to unidentified anomalous phe-
nomena; and
50 USC 3373b.
Deadline.
Determination.
Designation.
10 USC 133b
note.
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Page 566

136 STAT. 2960
PUBLIC LAW 117–263—DEC. 23, 2022
(B) any activity or program by a department or agency
of the Federal Government or a contractor of such a depart-
ment or agency relating to unidentified anomalous phe-
nomena, including with respect to material retrieval, mate-
rial analysis, reverse engineering, research and develop-
ment, detection and tracking, developmental or operational
testing, and security protections and enforcement.
(2) PROTECTION OF SYSTEMS, PROGRAMS, AND ACTIVITY.—
The Secretary shall ensure that the mechanism for authorized
reporting established under paragraph (1) prevents the
unauthorized public reporting or compromise of classified mili-
tary and intelligence systems, programs, and related activity,
including all categories and levels of special access and compart-
mented access programs.
(3) ADMINISTRATION.—The Secretary shall ensure that the
mechanism for authorized reporting established under para-
graph (1) is administered by designated and appropriately
cleared employees of the Department of Defense or elements
of the intelligence community or contractors of the Department
or such elements assigned to the Office.
(4) SHARING OF INFORMATION.—
(A) PROMPT SHARING WITHIN OFFICE.—The Secretary
shall ensure that the mechanism for authorized reporting
established under paragraph (1) provides for the sharing
of an authorized disclosure to personnel and supporting
analysts and scientists of the Office (regardless of the
classification of information contained in the disclosure
or any nondisclosure agreements), unless the employees
or contractors administering the mechanism under para-
graph (3) conclude that the preponderance of information
available regarding the disclosure indicates that the
observed object and associated events and activities likely
relate to a special access program or compartmented access
program that, as of the date of the disclosure, has been
explicitly and clearly reported to the congressional defense
committees or the congressional intelligence committees,
and is documented as meeting those criteria.
(B) CONGRESSIONAL NOTIFICATION.—Not later than 72
hours after determining that an authorized disclosure
relates to a restricted access activity, a special access pro-
gram, or a compartmented access program that has not
been explicitly and clearly reported to the congressional
defense committees or the congressional intelligence
committees, the Secretary shall report such disclosure to
such committees and the congressional leadership.
(5) INITIAL REPORT AND PUBLICATION.—Not later than 180
days after the date of the enactment of this Act, the Secretary,
acting through the head of the Office and in consultation with
the Director of National Intelligence, shall—
(A) submit to the congressional defense committees,
the congressional intelligence committees, and the congres-
sional leadership a report detailing the mechanism for
authorized reporting established under paragraph (1); and
(B) issue clear public guidance for how to securely
access the mechanism for authorized reporting.
(b) PROTECTION FOR INDIVIDUALS MAKING AUTHORIZED DISCLO-
SURES.—
Public
information.
Guidance.
Deadline.
Determination.
Classified
information.
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Page 568

136 STAT. 2962
PUBLIC LAW 117–263—DEC. 23, 2022
(1) by striking ‘‘aerial’’ each place it appears and inserting
‘‘anomalous’’;
(2) in subsection (h)—
(A) in paragraph (1), by inserting ‘‘and the congres-
sional leadership’’ after ‘‘appropriate congressional commit-
tees’’; and
(B) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(Q) A summary of the reports received using the
mechanism for authorized reporting established under sec-
tion 1673 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.’’; and
(3) in subsection (l)—
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) The term ‘congressional leadership’ means—
‘‘(A) the majority leader of the Senate;
‘‘(B) the minority leader of the Senate;
‘‘(C) the Speaker of the House of Representatives; and
‘‘(D) the minority leader of the House of Representa-
tives.’’.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘authorized disclosure’’ means a report of
any information through, and in compliance with, the mecha-
nism for authorized reporting established pursuant to sub-
section (a)(1).
(2) 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).
(3) The term ‘‘congressional leadership’’ means—
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representa-
tives.
(4) The term ‘‘intelligence community’’ has the meaning
given such term in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003).
(5) The term ‘‘nondisclosure agreement’’ means any written
or oral nondisclosure agreement, order, or other instrumentality
or means entered into by an individual that could be interpreted
as a legal constraint on the individual making an authorized
disclosure.
(6) The term ‘‘Office’’ means the All-domain Anomaly Reso-
lution Office established pursuant to section 1683(a) of the
National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373(a)).
(7) The term ‘‘personnel action’’ has the meaning given
such term in section 1104(a) of the National Security Act of
1947 (50 U.S.C. 3234(a)).
(8) The term ‘‘unidentified anomalous phenomena’’ has the
meaning given such term in section 1683(n) of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373(l)).
Summary.
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136 STAT. 3495
PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence community for
atrocity prevention and accountability.
TITLE LXVI—INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted Workforce
2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of adminis-
tration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified information for
certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of covered in-
sider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use of space
certified as sensitive compartmented information facilities.
Sec. 6608. Improving prohibition of certain personnel practices in intelligence com-
munity with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and information of ur-
gent concern received by inspectors general of the intelligence commu-
nity.
TITLE LXVII—MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A—General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National Intelligence for artifi-
cial intelligence policies, standards, and guidance for the intelligence
community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B—Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of commercial in-
tegration.
Sec. 6713. Pilot program on designated emerging technology transition projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility access by
certain contractors; reports on expansion of security clearances for cer-
tain contractors.
Sec. 6716. Compliance by intelligence community with requirements of Federal Ac-
quisition Regulation relating to commercially available off-the-shelf
items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts for artificial
intelligence and emerging technology software products.
Sec. 6718. Certification relating to information technology and software systems.
Subtitle C—Reports
Sec. 6721. Reports on integration of artificial intelligence within intelligence com-
munity.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence community
relating to science, technology, engineering, and math, and related
areas.
Subtitle D—Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E—Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII—OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil Liberties Over-
sight Board membership.
Sec. 6802. Modification of requirement for office to address unidentified anomalous
phenomena.
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136 STAT. 3586
PUBLIC LAW 117–263—DEC. 23, 2022
official of each element of the intelligence community to oversee
implementation of the policy and such coordination.
(c) SUBMISSION.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees, the Sub-
committee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives the following:
(1) The draft policy under subsection (a).
(2) A recommendation regarding the feasibility and advis-
ability of implementing the draft policy, including an assess-
ment of the costs and advantages and disadvantages of such
implementation.
(3) An assessment of whether any element of the intel-
ligence community already has a similar existing policy.
(4) A specific plan and timeline of the steps that would
be necessary to implement the draft policy.
(5) An assessment of the personnel requirements, budget
requirements, and any other resource requirements, that would
be necessary to implement the draft policy in the timeline
identified in paragraph (4).
TITLE LXVIII—OTHER MATTERS
SEC. 6801. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY
AND CIVIL LIBERTIES OVERSIGHT BOARD MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is
amended to read as follows:
‘‘(4) TERM.—
‘‘(A) COMMENCEMENT.—Each member of the Board
shall serve a term of 6 years, commencing on the date
of the appointment of the member to the Board.
‘‘(B) REAPPOINTMENT.—A member may be reappointed
to one or more additional terms.
‘‘(C) VACANCY.—A vacancy on the Board shall be filled
in the manner in which the original appointment was made.
‘‘(D) EXTENSION.—Upon the expiration of the term of
office of a member, the member may continue to serve
for up to one year after the date of expiration, at the
election of the member—
‘‘(i) during the period preceding the reappointment
of the member pursuant to subparagraph (B); or
‘‘(ii) until the member’s successor has been
appointed and qualified.’’.
SEC. 6802. MODIFICATION OF REQUIREMENT FOR OFFICE TO ADDRESS
UNIDENTIFIED ANOMALOUS PHENOMENA.
(a) IN
GENERAL.—Section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), as amended
by title XVI of this Act, is amended to read as follows:
‘‘SEC. 1683. ESTABLISHMENT OF ALL-DOMAIN ANOMALY RESOLUTION
OFFICE.
‘‘(a) ESTABLISHMENT OF OFFICE.—
‘‘(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of the Intelligence Authorization Act for Fiscal
Deadline.
Plan.
Timeline.
Recommenda-
tion.
Assessments.
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Page 1193

136 STAT. 3587
PUBLIC LAW 117–263—DEC. 23, 2022
Year 2023, the Secretary of Defense, in coordination with the
Director of National Intelligence, shall establish an office within
a component of the Office of the Secretary of Defense, or within
a joint organization of the Department of Defense and the
Office of the Director of National Intelligence, to carry out
the duties of the Unidentified Aerial Phenomena Task Force,
as in effect on December 26, 2021, and such other duties
as are required by this section, including those pertaining to
unidentified anomalous phenomena.
‘‘(2) DESIGNATION.—The office established under paragraph
(1) shall be known as the ‘All-domain Anomaly Resolution
Office’ (in this section referred to as the ‘Office’).
‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF THE OFFICE.—
‘‘(1) APPOINTMENT OF DIRECTOR.—The head of the Office
shall be the Director of the All-domain Anomaly Resolution
Office (in this section referred to as the ‘Director of the Office’),
who shall be appointed by the Secretary of Defense in consulta-
tion with the Director of National Intelligence.
‘‘(2) APPOINTMENT
OF
DEPUTY
DIRECTOR.—The Deputy
Director of the Office shall be appointed by the Director of
National Intelligence in coordination with the Secretary of
Defense.
‘‘(3) REPORTING.—
‘‘(A) IN
GENERAL.—The Director of the Office shall
report directly to the Deputy Secretary of Defense and
the Principal Deputy Director of National Intelligence.
‘‘(B) ADMINISTRATIVE AND OPERATIONAL AND SECURITY
MATTERS.—The Director of the Office shall report—
‘‘(i) to the Under Secretary of Defense for Intel-
ligence and Security on all administrative matters of
the Office; and
‘‘(ii) to the Deputy Secretary of Defense and the
Principal Deputy Director of National Intelligence on
all operational and security matters of the Office.
‘‘(c) DUTIES.—The duties of the Office shall include the fol-
lowing:
‘‘(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents, including
adverse physiological effects, regarding unidentified anomalous
phenomena across the Department of Defense and the intel-
ligence community, in coordination with the Director of
National Intelligence, which shall be provided to the congres-
sional defense committees, the congressional intelligence
committees, and congressional leadership.
‘‘(2) Developing processes and procedures to ensure that
such incidents from each component of the Department and
each element of the intelligence community are reported and
stored in an appropriate manner that allows for the integration
of analysis of such information.
‘‘(3) Establishing procedures to require the timely and con-
sistent reporting of such incidents.
‘‘(4) Evaluating links between unidentified anomalous phe-
nomena and adversarial foreign governments, other foreign
governments, or nonstate actors.
‘‘(5) Evaluating the threat that such incidents present to
the United States.
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136 STAT. 3588
PUBLIC LAW 117–263—DEC. 23, 2022
‘‘(6) Coordinating with other departments and agencies of
the Federal Government, as appropriate, including the Federal
Aviation Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security, the
National
Oceanic
and
Atmospheric
Administration,
the
National Science Foundation, and the Department of Energy.
‘‘(7) As appropriate, and in coordination with the Secretary
of State, the Secretary of Defense, and the Director of National
Intelligence, consulting with allies and partners of the United
States to better assess the nature and extent of unidentified
anomalous phenomena.
‘‘(8) Preparing reports for Congress, in both classified and
unclassified form, including under subsection (j).
‘‘(d) RESPONSE TO AND FIELD INVESTIGATIONS OF UNIDENTIFIED
ANOMALOUS PHENOMENA.—
‘‘(1) DESIGNATION.—The Secretary of Defense and the
Director of National Intelligence shall jointly designate from
within their respective organizations an official, to be under
the direction of the Director of the Office, responsible for
ensuring the appropriate expertise, authorities, accesses, data,
systems, platforms, and capabilities are available for the rapid
response to, and support for, the conduct of field investigations
of incidents involving unidentified anomalous phenomena.
‘‘(2) ABILITY TO RESPOND.—The Secretary of Defense and
the Director of National Intelligence shall ensure field inves-
tigations are supported by personnel with the requisite exper-
tise, equipment, transportation, and other resources necessary
to respond rapidly to incidents or patterns of observations
involving unidentified anomalous phenomena.
‘‘(e) SCIENTIFIC, TECHNOLOGICAL, AND OPERATIONAL ANALYSES
OF DATA ON UNIDENTIFIED ANOMALOUS PHENOMENA.—
‘‘(1) DESIGNATION.—The Secretary of Defense, in coordina-
tion with the Director of National Intelligence, shall designate
one or more line organizations that will be primarily responsible
for scientific, technical, and operational analysis of data gath-
ered by field investigations conducted pursuant to subsection
(d) and data from other sources, including with respect to
the testing of materials, medical studies, and development of
theoretical models, to better understand and explain unidenti-
fied anomalous phenomena.
‘‘(2) AUTHORITY.—The Secretary of Defense and the
Director of National Intelligence shall each issue such directives
as are necessary to ensure that each line organization des-
ignated under paragraph (1) has authority to draw on the
special expertise of persons outside the Federal Government
with appropriate security clearances.
‘‘(f) DATA; INTELLIGENCE COLLECTION.—
‘‘(1) AVAILABILITY OF DATA AND REPORTING ON UNIDENTIFIED
ANOMALOUS PHENOMENA.—
‘‘(A) AVAILABILITY OF DATA.—The Director of National
Intelligence, in coordination with the Secretary of Defense,
shall ensure that each element of the intelligence commu-
nity with data relating to unidentified anomalous phe-
nomena makes such data available immediately to the
Office.
‘‘(B) REPORTING.—The Director of National Intelligence
and the Secretary of Defense shall each, in coordination
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136 STAT. 3589
PUBLIC LAW 117–263—DEC. 23, 2022
with one another, ensure that military and civilian per-
sonnel of the Department of Defense or an element of
the intelligence community, and contractor personnel of
the Department or such an element, have access to proce-
dures by which the personnel shall report incidents or
information,
including
adverse
physiological
effects,
involving or associated with unidentified anomalous phe-
nomena directly to the Office.
‘‘(2) INTELLIGENCE COLLECTION AND ANALYSIS PLAN.—The
Director of the Office, acting in coordination with the Secretary
of Defense and the Director of National Intelligence, shall
supervise the development and execution of an intelligence
collection and analysis plan to gain as much knowledge as
possible regarding the technical and operational characteristics,
origins, and intentions of unidentified anomalous phenomena,
including with respect to the development, acquisition, deploy-
ment, and operation of technical collection capabilities nec-
essary to detect, identify, and scientifically characterize
unidentified anomalous phenomena.
‘‘(3) USE OF RESOURCES AND CAPABILITIES.—In developing
the plan under paragraph (2), the Director of the Office shall
consider and propose, as appropriate, the use of any resource,
capability, asset, or process of the Department and the intel-
ligence community.
‘‘(g) SCIENCE PLAN.—The Director of the Office, on behalf of
the Secretary of Defense and the Director of National Intelligence,
shall supervise the development and execution of a science plan
to develop and test, as practicable, scientific theories to—
‘‘(1) account for characteristics and performance of unidenti-
fied anomalous phenomena that exceed the known state of
the art in science or technology, including in the areas of
propulsion, aerodynamic control, signatures, structures, mate-
rials, sensors, countermeasures, weapons, electronics, and
power generation; and
‘‘(2) provide the foundation for potential future investments
to replicate or otherwise better understand any such advanced
characteristics and performance.
‘‘(h) ASSIGNMENT OF PRIORITY.—The Director of National Intel-
ligence, in consultation with and with the recommendation of the
Secretary of Defense, shall assign an appropriate level of priority
within the National Intelligence Priorities Framework to the
requirement to understand, characterize, and respond to unidenti-
fied anomalous phenomena.
‘‘(i) DETAILEES FROM ELEMENTS OF THE INTELLIGENCE COMMU-
NITY.—The heads of the Central Intelligence Agency, the Defense
Intelligence Agency, the National Security Agency, the Department
of Energy, the National Geospatial-Intelligence Agency, the intel-
ligence elements of the Army, the Navy, the Air Force, the Marine
Corps, and the Coast Guard, the Department of Homeland Security,
and such other elements of the intelligence community as the
Director of the Office considers appropriate may provide to the
Office a detailee of the element to be physically located at the
Office.
‘‘(j) HISTORICAL RECORD REPORT.—
‘‘(1) REPORT REQUIRED.—
‘‘(A) IN GENERAL.—Not later than 540 days after the
date of the enactment of the Intelligence Authorization
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136 STAT. 3590
PUBLIC LAW 117–263—DEC. 23, 2022
Act for Fiscal Year 2023, the Director of the Office shall
submit to the congressional defense committees, the
congressional intelligence committees, and congressional
leadership a written report detailing the historical record
of the United States Government relating to unidentified
anomalous phenomena, including—
‘‘(i) the records and documents of the intelligence
community;
‘‘(ii) oral history interviews;
‘‘(iii) open source analysis;
‘‘(iv) interviews of current and former Government
officials;
‘‘(v) classified and unclassified national archives
including any records any third party obtained pursu-
ant to section 552 of title 5, United States Code; and
‘‘(vi) such other relevant historical sources as the
Director of the Office considers appropriate.
‘‘(B) OTHER
REQUIREMENTS.—The report submitted
under subparagraph (A) shall—
‘‘(i) focus on the period beginning on January 1,
1945, and ending on the date on which the Director
of the Office completes activities under this subsection;
and
‘‘(ii) include a compilation and itemization of the
key historical record of the involvement of the intel-
ligence community with unidentified anomalous phe-
nomena, including—
‘‘(I) any program or activity that was protected
by restricted access that has not been explicitly
and clearly reported to Congress;
‘‘(II) successful or unsuccessful efforts to iden-
tify and track unidentified anomalous phenomena;
and
‘‘(III) any efforts to obfuscate, manipulate
public opinion, hide, or otherwise provide incorrect
unclassified
or
classified
information
about
unidentified anomalous phenomena or related
activities.
‘‘(2) ACCESS TO RECORDS OF THE NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION.—The Archivist of the United States
shall make available to the Office such information maintained
by the National Archives and Records Administration, including
classified information, as the Director of the Office considers
necessary to carry out paragraph (1).
‘‘(k) ANNUAL REPORTS.—
‘‘(1) REPORTS FROM DIRECTOR OF NATIONAL INTELLIGENCE
AND SECRETARY OF DEFENSE.—
‘‘(A) REQUIREMENT.—Not later than 180 days after the
date of the enactment of the Intelligence Authorization
Act for Fiscal Year 2023, and annually thereafter for four
years, the Director of National Intelligence and the Sec-
retary of Defense shall jointly submit to the appropriate
congressional committees a report on unidentified anoma-
lous phenomena.
‘‘(B)
ELEMENTS.—Each
report
submitted
under
subparagraph (A) shall include, with respect to the year
covered by the report, the following information:
Time period.
Time period.
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136 STAT. 3591
PUBLIC LAW 117–263—DEC. 23, 2022
‘‘(i) All reported unidentified anomalous phe-
nomena-related events that occurred during the one-
year period.
‘‘(ii) All reported unidentified anomalous phe-
nomena-related events that occurred during a period
other than that one-year period but were not included
in an earlier report.
‘‘(iii) An analysis of data and intelligence received
through each reported unidentified anomalous phe-
nomena-related event.
‘‘(iv) An analysis of data relating to unidentified
anomalous phenomena collected through—
‘‘(I) geospatial intelligence;
‘‘(II) signals intelligence;
‘‘(III) human intelligence; and
‘‘(IV) measurement and signature intelligence.
‘‘(v) The number of reported incidents of unidenti-
fied anomalous phenomena over restricted airspace of
the United States during the one-year period.
‘‘(vi) An analysis of such incidents identified under
clause (v).
‘‘(vii) Identification of potential aerospace or other
threats posed by unidentified anomalous phenomena
to the national security of the United States.
‘‘(viii) An assessment of any activity regarding
unidentified anomalous phenomena that can be attrib-
uted to one or more adversarial foreign governments.
‘‘(ix) Identification of any incidents or patterns
regarding unidentified anomalous phenomena that
indicate a potential adversarial foreign government
may have achieved a breakthrough aerospace capa-
bility.
‘‘(x) An update on the coordination by the United
States with allies and partners on efforts to track,
understand, and address unidentified anomalous phe-
nomena.
‘‘(xi) An update on any efforts underway on the
ability to capture or exploit discovered unidentified
anomalous phenomena.
‘‘(xii) An assessment of any health-related effects
for individuals that have encountered unidentified
anomalous phenomena.
‘‘(xiii) The number of reported incidents, and
descriptions thereof, of unidentified anomalous phe-
nomena associated with military nuclear assets,
including strategic nuclear weapons and nuclear-pow-
ered ships and submarines.
‘‘(xiv) In consultation with the Administrator for
Nuclear Security, the number of reported incidents,
and descriptions thereof, of unidentified anomalous
phenomena associated with facilities or assets associ-
ated with the production, transportation, or storage
of nuclear weapons or components thereof.
‘‘(xv) In consultation with the Chairman of the
Nuclear Regulatory Commission, the number of
reported
incidents,
and
descriptions
thereof,
of
unidentified anomalous phenomena or drones of
Assessment.
Update.
Update.
Assessment.
Analysis.
Data analysis.
Data analysis.
Time period.
Time period.
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136 STAT. 3592
PUBLIC LAW 117–263—DEC. 23, 2022
unknown origin associated with nuclear power gener-
ating stations, nuclear fuel storage sites, or other sites
or facilities regulated by the Nuclear Regulatory
Commission.
‘‘(xvi) The names of the line organizations that
have been designated to perform the specific functions
under subsections (d) and (e), and the specific functions
for which each such line organization has been
assigned primary responsibility.
‘‘(xvii) A summary of the reports received using
the mechanism for authorized reporting established
under section 1673 of the National Defense Authoriza-
tion Act for Fiscal Year 2023.
‘‘(2) FORM.—Each report submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
‘‘(l) SEMIANNUAL BRIEFINGS.—
‘‘(1) REQUIREMENT.—Not later than December 31, 2022,
and not less frequently than semiannually thereafter until
December 31, 2026, the Director of the Office shall provide
to the appropriate congressional committees classified briefings
on unidentified anomalous phenomena.
‘‘(2) FIRST
BRIEFING.—The first briefing provided under
paragraph (1) shall include all incidents involving unidentified
anomalous phenomena that were reported to the Unidentified
Aerial Phenomena Task Force or to the Office established under
subsection (a) after June 24, 2021, regardless of the date of
occurrence of the incident.
‘‘(3) SUBSEQUENT BRIEFINGS.—Each briefing provided sub-
sequent to the first briefing described in paragraph (2) shall
include, at a minimum, all events relating to unidentified
anomalous phenomena that occurred during the previous 180
days, and events relating to unidentified anomalous phenomena
that were not included in an earlier briefing.
‘‘(4) INSTANCES IN WHICH DATA WAS NOT SHARED.—For each
briefing period, the Director of the Office shall jointly provide
to the chairman or chair and the ranking member or vice
chairman of the congressional committees specified in subpara-
graphs (A) and (D) of subsection (n)(1) an enumeration of
any instances in which data relating to unidentified anomalous
phenomena was not provided to the Office because of classifica-
tion restrictions on that data or for any other reason.
‘‘(m) TASK FORCE TERMINATION.—Not later than the date on
which the Secretary of Defense establishes the Office under sub-
section (a), the Secretary shall terminate the Unidentified Aerial
Phenomena Task Force.
‘‘(n) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means the following:
‘‘(A) The Committees on Armed Services of the Senate
and the House of Representatives.
‘‘(B) The Committees on Appropriations of the Senate
and the House of Representatives.
‘‘(C) The Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
Time period.
Deadline.
Time period.
Classified
information.
Summary.
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136 STAT. 3593
PUBLIC LAW 117–263—DEC. 23, 2022
‘‘(D) The Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of
the House of Representatives.
‘‘(E) The Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Home-
land Security of the House of Representatives.
‘‘(F) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of Representa-
tives.
‘‘(2) CONGRESSIONAL
DEFENSE
COMMITTEES.—The term
‘congressional defense committees’ has the meaning given such
term in section 101(a) of title 10, United States Code.
‘‘(3) 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).
‘‘(4) CONGRESSIONAL LEADERSHIP.—The term ‘congressional
leadership’ means—
‘‘(A) the majority leader of the Senate;
‘‘(B) the minority leader of the Senate;
‘‘(C) the Speaker of the House of Representatives; and
‘‘(D) the minority leader of the House of Representa-
tives.
‘‘(5) INTELLIGENCE
COMMUNITY.—The term ‘intelligence
community’ has the meaning given such term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
‘‘(6) LINE
ORGANIZATION.—The term ‘line organization’
means, with respect to a department or agency of the Federal
Government, an organization that executes programs and
activities to directly advance the core functions and missions
of the department or agency to which the organization is
subordinate, but, with respect to the Department of Defense,
does not include a component of the Office of the Secretary
of Defense.
‘‘(7)
TRANSMEDIUM
OBJECTS
OR
DEVICES.—The
term
‘transmedium objects or devices’ means objects or devices that
are—
‘‘(A) observed to transition between space and the
atmosphere, or between the atmosphere and bodies of
water; and
‘‘(B) not immediately identifiable.
‘‘(8) UNIDENTIFIED
ANOMALOUS
PHENOMENA.—The term
‘unidentified anomalous phenomena’ means—
‘‘(A) airborne objects that are not immediately identifi-
able;
‘‘(B) transmedium objects or devices; and
‘‘(C) submerged objects or devices that are not imme-
diately identifiable and that display behavior or perform-
ance characteristics suggesting that the objects or devices
may be related to the objects described in subparagraph
(A).’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
2(b) of such Act is amended by striking the item relating to section
1683 of division A and inserting the following new item:
‘‘Sec. 1683. Establishment of All-domain Anomaly Resolution Office.’’.
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136 STAT. 3594
PUBLIC LAW 117–263—DEC. 23, 2022
SEC. 6803. COMPTROLLER GENERAL OF THE UNITED STATES AUDITS
AND BRIEFINGS ON UNIDENTIFIED ANOMALOUS PHE-
NOMENA HISTORICAL RECORD REPORT.
(a) DEFINITIONS.—In this section, the terms ‘‘congressional
leadership’’ and ‘‘Office’’ have the meanings given such terms in
section 1683 of the National Defense Authorization Act for Fiscal
Year 2022 (50 U.S.C. 3373), as amended by section 6802.
(b) AUDIT.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall identify appropriately cleared personnel
of the Government Accountability Office to audit the historical
record report process described in section 1683 of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373), as amended by section 6802, including personnel to
conduct work on-site as appropriate.
(2) PROVISION OF INFORMATION.—On a quarterly basis, and
as appropriate and consistent with Government Auditing
Standards, the Comptroller General of the United States shall
provide the Office with information on the findings of any
audits conducted by the personnel identified under paragraph
(1).
(c) VERBAL BRIEFINGS.—Not later than 180 days after the date
of the enactment of this Act, and semiannually thereafter, the
Comptroller General of the United States shall verbally brief the
congressional intelligence committees, the congressional defense
committees, and congressional leadership on the progress of the
Office with respect to the historical record report described in
section 1683 of the National Defense Authorization Act for Fiscal
Year 2022 (50 U.S.C. 3373), as amended by section 6802, and
compliance with legislative requirements.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to restrict access of a committee of Congress under section
719(f) of title 31, United States Code, to an audit under subsection
(b).
SEC. 6804. REPORT ON PRECURSOR CHEMICALS USED IN THE PRODUC-
TION OF SYNTHETIC OPIOIDS.
(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary, the Committee on
Homeland Security and Governmental Affairs, the Committee
on Foreign Relations, the Committee on Commerce, Science,
and Transportation, and the Committee on Appropriations of
the Senate; and
(3) the Committee on the Judiciary, the Committee on
Homeland Security, the Committee on Foreign Affairs, the Com-
mittee on Energy and Commerce, and the Committee on Appro-
priations of the House of Representatives.
(b) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate committees of Congress a report
on licit precursor chemicals originating abroad, including in the
People’s Republic of China and any other country the Director
Time period.
50 USC 3373
note.
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Record

Author / institution
U.S. Congress
Date
2022-12-23
Source type
Enacted statute
Used for
Legislative change to AARO reporting relationship
Limitations
Distinguish statutory reporting requirements from actual implementation

Link

https://www.congress.gov/117/plaws/publ263/PLAW-117publ263.pdf