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FY2024 NDAA (Public Law 118-31): UAP records collection

U.S. Congress · 2023-12-22
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FY2024 NDAA (Public Law 118-31): UAP records collection · 974 pages · PDF 2.7 MB

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Page 20

137 STAT. 154
PUBLIC LAW 118–31—DEC. 22, 2023
Sec. 1830. State, local, and territorial law enforcement and emergency service ex-
emption.
Sec. 1831. Study.
Sec. 1832. Exceptions.
Sec. 1833. Sunset.
Subtitle C—Unidentified Anomalous Phenomena
Sec. 1841. Unidentified anomalous phenomena records collection at the National
Archives and Records Administration.
Sec. 1842. Review, identification, transmission to the National Archives, and public
disclosure of unidentified anomalous phenomena records by government
offices.
Sec. 1843. Grounds for postponement of public disclosure of unidentified anomalous
phenomena records.
Subtitle D—World Trade Center Health Program
Sec. 1851. Flexibility and funding for the World Trade Center Health Program.
Sec. 1852. Extension of certain direct spending reductions.
Sec. 1853. Medicare improvement fund.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2003. Effective date.
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. Extension of authority to use cash payments in special account from
land conveyance, Natick Soldier Systems Center, Massachusetts.
Sec. 2105. Extension of authority to carry out fiscal year 2018 project at Kunsan
Air Base, Korea.
Sec. 2106. Extension of authority to carry out certain fiscal year 2019 Army mili-
tary construction projects.
Sec. 2107. Extension of authority to carry out certain fiscal year 2021 Army mili-
tary construction 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 2019 Navy mili-
tary construction projects.
Sec. 2205. Extension of authority to carry out certain fiscal year 2021 Navy mili-
tary construction projects.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017 Air Force
military construction projects.
Sec. 2305. Extension of authority to carry out certain fiscal year 2018 Air Force
military construction projects.
Sec. 2306. Extension of authority to carry out certain fiscal year 2019 Air Force
military construction projects.
Sec. 2307. Extension of authority to carry out fiscal year 2021 Air Force military
construction projects.
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401.
Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment Program
projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018 Defense
Agencies military construction projects.
Sec. 2405. Extension and modification of authority to carry out certain fiscal year
2019 Defense Agencies military construction projects.
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Page 28

137 STAT. 162
PUBLIC LAW 118–31—DEC. 22, 2023
Sec. 7304. Improving administration of certain post-employment restrictions for in-
telligence community.
Sec. 7305. Mission of the National Counterintelligence and Security Center.
Sec. 7306. Budget transparency on costs of implementation of Executive Order
13556.
Sec. 7307. Improvements relating to intelligence community staffing, details, and
assignments.
Sec. 7308. Insider threats.
Sec. 7309. Modification of deadline for annual submission of National Intelligence
Priorities Framework.
Sec. 7310. Matters relating to chief data officers of intelligence community.
Sec. 7311. Modification to special pay authority for science, technology, engineer-
ing, or mathematics positions.
Sec. 7312. Annual report on unfunded priorities of intelligence community.
Sec. 7313. Submission of legislative proposals.
Sec. 7314. Annual report on reporting requirements.
Sec. 7315. Notice and damage assessment with respect to significant unauthorized
disclosure or compromise of classified national intelligence.
Sec. 7316. In-state tuition rates for certain members of intelligence community.
Sec. 7317. Repeal of study on personnel under Strategic Intelligence Partnership
Program.
Sec. 7318. Intelligence Community Counterintelligence Office at the Department of
Agriculture.
Sec. 7319. Sunset of Climate Security Advisory Council.
Sec. 7320. Inclusion of counternarcotics as special topic in certain budget justifica-
tion materials.
Sec. 7321. Development of plan to make open-source intelligence products available
to certain Federal employees.
Sec. 7322. Intelligence community-wide policy on prepublication review.
Sec. 7323. Review relating to confidential human source program of Federal Bu-
reau of Investigation.
Sec. 7324. Prohibition on availability of funds for certain activities and assessment
of the Overt Human Intelligence and Open Source Intelligence Collec-
tion Programs of the Office of Intelligence and Analysis of the Depart-
ment of Homeland Security.
Sec. 7325. Sense of Congress on priority of fentanyl in National Intelligence Prior-
ities Framework.
Sec. 7326. Reports on civilian casualties caused by certain operations of foreign
governments.
Sec. 7327. Modification and repeal of reporting requirements.
Subtitle B—Central Intelligence Agency
Sec. 7331. Change to penalties and increased availability of mental health treat-
ment for unlawful conduct on Central Intelligence Agency installations.
Sec. 7332. Modifications to procurement authorities of the Central Intelligence
Agency.
Sec. 7333. Inspector General of the Central Intelligence Agency quarterly employee
engagement summaries.
Sec. 7334. Benjamin Tallmadge Institute as primary Central Intelligence Agency
entity for education and training in counterintelligence.
Sec. 7335. Central Intelligence Agency intelligence assessment of Sinaloa Cartel
and Jalisco Cartel.
Sec. 7336. Central Intelligence Agency intelligence assessment with respect to ef-
forts by People’s Republic of China to increase influence in Middle East.
Sec. 7337. Assessment of availability of mental health and chaplain services to
Agency employees.
Sec. 7338. Assessment by Director of Central Intelligence Agency on certain effects
of Abraham Accords.
Sec. 7339. Reporting and investigating allegations of sexual assault and sexual har-
assment within the Central Intelligence Agency.
Subtitle C—Matters Relating to Defense Intelligence and Overhead Architecture
Sec. 7341. Modification of reporting requirement for All-Domain Anomaly Resolu-
tion Office.
Sec. 7342. Defense Intelligence Agency assessment of strategic competition in Latin
America and the Caribbean.
Sec. 7343. Funding limitations relating to unidentified anomalous phenomena.
Subtitle D—Matters Relating to National Security Agency, Cyber, and Commercial
Cloud Enterprise
Sec. 7351. Congressional notification by National Security Agency of intelligence
collection adjustments.
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Page 487

137 STAT. 621
PUBLIC LAW 118–31—DEC. 22, 2023
robust protection against threat-realistic jamming, spoofing,
and unintended interference.
(5) Design and build electronic protection into ongoing and
future development programs to withstand expected jamming
and spoofing threats and unintended interference.
(c) WAIVER.—The Secretary of Defense may establish a process
for issuing waivers, on a case-by-case basis, for the testing require-
ment under paragraph (2) of subsection (b) and for the retrofit
requirement under paragraph (3) of such subsection.
(d) ANNUAL REPORTS.—Concurrent with the submission of the
budget of the President to Congress pursuant to section 1105(a)
of title 31, United States Code, for each of fiscal years 2025 through
2030, the Director of Operational Test and Evaluation shall submit
to the Electronic Warfare Executive Committee of the Department
of Defense and the Committees on Armed Services of the Senate
and the House of Representatives a comprehensive annual report
that—
(1) aggregates and summarizes information received from
the military departments and combat support agencies for pur-
poses of the preparation of the report; and
(2) includes a description of—
(A) the activities carried out to implement the require-
ments of this section;
(B) the systems and subsystems subject to testing in
the previous year and the results of such tests, including
a description of the requirements for electronic protection
established for the tested systems and subsystems; and
(C) each waiver issued in the previous year with
respect to such requirements, together with a detailed
rationale for the waiver and a plan for addressing any
issues that formed the basis of the waiver request.
SEC. 1687. LIMITATION ON USE OF FUNDS FOR CERTAIN UNREPORTED
PROGRAMS.
(a) LIMITATION ON AVAILABILITY OF FUNDS.—None of the funds
authorized to be appropriated or otherwise made available by this
Act may be obligated or expended in support of any activities
involving unidentified anomalous phenomena protected under any
form of special access or restricted access limitations unless the
Secretary of Defense has provided the details of the activity to
the appropriate congressional committees and congressional leader-
ship, including for any activities described in a report released
by the All-Domain Anomaly Resolution Office in fiscal year 2024.
(b) LIMITATION
REGARDING
INDEPENDENT
RESEARCH
AND
DEVELOPMENT.—Consistent with Department of Defense Instruction
Number 3204.01 (dated August 20, 2014, incorporating change 2,
dated July 9, 2020; relating to Department policy for oversight
of independent research and development), independent research
and development funding relating to unidentified anomalous phe-
nomena shall not be allowable as indirect expenses for purposes
of contracts covered by such instruction, unless such material and
information is made available the appropriate congressional
committees and congressional leadership.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the congressional defense committees; and
50 USC 3373
note.
Summary.
Time periods.
Process.
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Page 488

137 STAT. 622
PUBLIC LAW 118–31—DEC. 22, 2023
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
(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.
(3) 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(n)), as amended by section 6802(a) of the Intelligence
Authorization Act for Fiscal Year 2023 (Public Law 117–263).
SEC. 1688. INDO-PACIFIC MISSILE STRATEGY.
(a) STRATEGY.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a strategy for ground-based
theater-range conventional missiles in the Indo-Pacific region.
(b) ELEMENTS.—The strategy required by subsection (a) shall
include the following:
(1) An assessment of gaps in ground-based theater-range
conventional missile capabilities in the area of responsibility
of the United States Indo-Pacific Command.
(2) An identification of military requirements for ground-
based theater-range conventional missile systems, including
range, propulsion, payload, launch platform, weapon effects,
and other operationally relevant factors.
(3) An identification of prospective basing locations for
ground-based theater-range conventional missiles in the area
of responsibility of the United States Indo-Pacific Command
and an assessment of steps required to receive host-nation
permission for forward-basing of such weapon systems.
(4) A description of operational concepts for employment
of such ground-based theater-range conventional missiles,
including integration with other capabilities in the Western
Pacific region.
(5) An identification of prospective allies, partners, and
institutional mechanisms for co-production of new ground-based
theater-range conventional missiles.
(6) An assessment of the cost, schedule, and feasibility
of ground-based theater-range conventional missile programs,
including any potential cost-sharing structures through existing
institutional mechanisms.
(7) Any other matter the Secretary considers relevant.
(c) FORM.—The strategy required by subsection (a) may be
submitted in classified form, but shall include an unclassified sum-
mary.
(d) GROUND-BASED THEATER-RANGE CONVENTIONAL MISSILE.—
The term ‘‘ground-based theater-range conventional missile’’ means
a short-range, medium-range, or intermediate-range conventional
mobile ground-launched cruise or hypersonic missile system with
a range between 500 and 5,500 kilometers.
Definition.
Assessment.
Assessment.
Requirements.
Assessment.
Deadline.
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Page 548

137 STAT. 682
PUBLIC LAW 118–31—DEC. 22, 2023
Sec. 1805. Improvements to Department of Veterans Affairs-Department of Defense
Joint Executive Committee.
Sec. 1806. Access to and use of military post offices by United States citizens em-
ployed overseas by the North Atlantic Treaty Organization who perform
functions in support of military operations of the Armed Forces.
Sec. 1807. Extension of admission to Guam or the Commonwealth of the Northern
Mariana Islands for certain nonimmigrant H–2B workers.
Sec. 1808. Support for execution of bilateral agreements concerning illicit
transnational maritime activity in Africa.
Sec. 1809. National Cold War Center designation.
Sec. 1810. Revision of requirement for transfer of certain aircraft to State of Cali-
fornia for wildfire suppression purposes.
Sec. 1811. Limitation on funds for Wuhan Institute of Virology and EcoHealth Alli-
ance, Inc.
Subtitle B—Drone Security
Sec. 1821. Short title.
Sec. 1822. Definitions.
Sec. 1823. Prohibition on procurement of covered unmanned aircraft systems from
covered foreign entities.
Sec. 1824. Prohibition on operation of covered unmanned aircraft systems from cov-
ered foreign entities.
Sec. 1825. Prohibition on use of Federal funds for procurement and operation of
covered unmanned aircraft systems from covered foreign entities.
Sec. 1826. Prohibition on use of Government-issued purchase cards to purchase
covered unmanned aircraft systems from covered foreign entities.
Sec. 1827. Management of existing inventories of covered unmanned aircraft sys-
tems from covered foreign entities.
Sec. 1828. Comptroller General report.
Sec. 1829. Government-wide policy for procurement of unmanned aircraft systems.
Sec. 1830. State, local, and territorial law enforcement and emergency service ex-
emption.
Sec. 1831. Study.
Sec. 1832. Exceptions.
Sec. 1833. Sunset.
Subtitle C—Unidentified Anomalous Phenomena
Sec. 1841. Unidentified anomalous phenomena records collection at the National
Archives and Records Administration.
Sec. 1842. Review, identification, transmission to the National Archives, and public
disclosure of unidentified anomalous phenomena records by government
offices.
Sec. 1843. Grounds for postponement of public disclosure of unidentified anomalous
phenomena records.
Subtitle D—World Trade Center Health Program
Sec. 1851. Flexibility and funding for the World Trade Center Health Program.
Sec. 1852. Extension of certain direct spending reductions.
Sec. 1853. Medicare improvement fund.
Subtitle A—Other Defense Matters
SEC. 1801. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) In the subtitle analysis for subtitle A—
(A) by striking the item relating to chapter 113 and
inserting the following new item:
‘‘113. Defense Civilian Training Corps .........................................................2200g’’;
(B) by striking the item relating to chapter 207 and
inserting the following new item:
‘‘207. Budgeting and Appropriations ............................................................. 3131’’;
(C) by striking the item relating to chapter 225 and
inserting the following new item:
‘‘225. øReserved¿ ................................................................................................. 3271’’;
10 USC
prec. 101.
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Page 565

137 STAT. 699
PUBLIC LAW 118–31—DEC. 22, 2023
(F) The Committee on Homeland Security of the House
of Representatives.
(G) The Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1832. EXCEPTIONS.
(a) EXCEPTION FOR WILDFIRE MANAGEMENT OPERATIONS AND
SEARCH AND RESCUE OPERATIONS.—The appropriate Federal agen-
cies, in consultation with the Secretary of Homeland Security, are
exempt from the procurement and operation restrictions under sec-
tions 1823, 1824, and 1825 to the extent the procurement or oper-
ation is necessary for the purpose of supporting the full range
of wildfire management operations or search and rescue operations.
(b) EXCEPTION FOR INTELLIGENCE ACTIVITIES.—Sections 1823,
1824, and 1825 shall not apply to any activity subject to the
reporting requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.), any authorized intelligence activi-
ties of the United States, or any activity or procurement that
supports an authorized intelligence activity.
(c) EXCEPTION FOR TRIBAL LAW ENFORCEMENT OR EMERGENCY
SERVICE AGENCY.—Tribal law enforcement or Tribal emergency
service agencies, in consultation with the Secretary of Homeland
Security, are exempt from the procurement, operation, and purchase
restrictions under sections 1823, 1824, and 1825 to the extent
the procurement or operation is necessary for the purpose of sup-
porting the full range of law enforcement operations or search
and rescue operations on Indian lands.
SEC. 1833. SUNSET.
Sections 1823, 1824, and 1825 shall cease to have effect on
the date that is five years after the date of the enactment of
this Act.
Subtitle C—Unidentified Anomalous
Phenomena
SEC.
1841.
UNIDENTIFIED
ANOMALOUS
PHENOMENA
RECORDS
COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION.
(a) RECORDS COLLECTION.—
(1) ESTABLISHMENT OF COLLECTION.—
(A) IN GENERAL.—Not later than 60 days after the
date of the enactment of this Act, the Archivist shall com-
mence establishment of a collection of unidentified anoma-
lous phenomena, as such term is defined in section
1673(n)(8) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 50 U.S.C. 3373),
records in the National Archives, to be known as the
‘‘Unidentified Anomalous Phenomena Records Collection’’.
(B) PHYSICAL
INTEGRITY.—In carrying out subpara-
graph (A), the Archivist shall ensure the physical integrity
and original provenance (or if indeterminate, the earliest
historical owner) of all records in the Collection.
(C) RECORD COPIES.—The Collection shall consist of
record copies of all Government, Government-provided, or
Deadline.
44 USC 2107
note.
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Page 566

137 STAT. 700
PUBLIC LAW 118–31—DEC. 22, 2023
Government-funded records relating to unidentified anoma-
lous phenomena, technologies of unknown origin, and non-
human intelligence (or equivalent subjects by any other
name with the specific and sole exclusion of temporarily
non-attributed objects), which shall be transmitted to the
National Archives in accordance with section 2107 of title
44, United States Code.
(D) SUBJECT GUIDEBOOK.—The Archivist shall prepare
and publish a subject guidebook and index to the Collection.
(2) CONTENTS.—The Collection shall include the following:
(A) Copies of all unidentified anomalous phenomena
records, regardless of age or date of creation—
(i) that have been transmitted to the National
Archives or disclosed to the public in an unredacted
form prior to the date of the enactment of this Act;
(ii) that are otherwise required to have been trans-
mitted to the National Archives after the date of the
enactment of this Act; or
(iii) the disclosure of which is postponed under
this subtitle.
(B) A central directory comprised of identification aids
created for each record transmitted to the Archivist under
section 1842(e).
(b) DISCLOSURE OF RECORDS.—Copies of all unidentified anoma-
lous phenomena records transmitted to the National Archives for
disclosure to the public shall—
(1) be included in the Collection; and
(2) be available to the public—
(A) for inspection and copying at the National Archives
within 30 days after their transmission to the National
Archives; and
(B) digitally via the National Archives online database
within a reasonable amount of time not to exceed 180
days thereafter.
(c) FEES FOR COPYING.—
(1) IN GENERAL.—The Archivist shall—
(A) charge fees for copying unidentified anomalous phe-
nomena records; and
(B) grant waivers of such fees pursuant to the stand-
ards established by section 552(a)(4) of title 5, United
States Code.
(2) AMOUNT OF FEES.—The amount of a fee charged by
the Archivist pursuant to paragraph (1)(A) for the copying
of an unidentified anomalous phenomena record shall be such
amount as the Archivist determines appropriate to cover the
costs incurred by the National Archives in making and pro-
viding such copy, except that in no case may the amount
of the fee charged exceed the actual expenses incurred by
the National Archives in making and providing such copy.
(d) ADDITIONAL REQUIREMENTS.—
(1) USE OF FUNDS.—The Collection shall be preserved, pro-
tected, archived, digitized, and made available to the public
at the National Archives and via the official National Archives
online database using appropriations authorized, specified, and
restricted for use under the terms of this subtitle.
(2) SECURITY OF RECORDS.—The National Security Program
Office at the National Archives, in consultation with the
Public
information.
Web posting.
Determination.
Waivers.
Public
information.
Deadlines.
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Page 567

137 STAT. 701
PUBLIC LAW 118–31—DEC. 22, 2023
National Archives Information Security Oversight Office, shall
establish a program to ensure the security of the postponed
unidentified anomalous phenomena records in the protected,
and yet-to-be disclosed or classified portion of the Collection.
(e) OVERSIGHT.—
(1) SENATE.—The Committee on Homeland Security and
Governmental Affairs, the Committee on Armed Services, and
the Select Committee on Intelligence of the Senate shall have
continuing legislative oversight jurisdiction in the Senate with
respect to the Collection.
(2) HOUSE OF REPRESENTATIVES.—The Committee on Over-
sight and Accountability, the Committee on Armed Services,
and the Permanent Select Committee on Intelligence of the
House of Representatives shall have continuing legislative over-
sight jurisdiction in the House of Representatives with respect
to the Collection.
SEC.
1842.
REVIEW,
IDENTIFICATION,
TRANSMISSION
TO
THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY
GOVERNMENT OFFICES.
(a) IDENTIFICATION, ORGANIZATION, AND
PREPARATION
FOR
TRANSMISSION.—
(1) IN
GENERAL.—As soon as practicable after the date
of the enactment of this Act, each head of a Government office
shall—
(A) identify and organize records in the possession
of the Government office or under the control of the Govern-
ment office relating to unidentified anomalous phenomena;
and
(B) prepare such records for transmission to the
Archivist for inclusion in the Collection.
(2) PROHIBITIONS.—
(A)
DESTRUCTION;
ALTERATION;
MUTILATION.—No
unidentified
anomalous
phenomena
record
shall
be
destroyed, altered, or mutilated in any way.
(B) WITHHOLDING;
REDACTION;
POSTPONEMENT
OF
DISCLOSURE; RECLASSIFICATION.—No unidentified anoma-
lous phenomena record made available or disclosed to the
public prior to the date of the enactment of this Act may
be withheld, redacted, postponed for public disclosure, or
reclassified.
(C) RECORDS CREATED BY NON-FEDERAL PERSONS OR
ENTITIES.—No unidentified anomalous phenomena record
created by a person or entity outside the Federal Govern-
ment (excluding names or identities consistent with the
requirements of section 1843) shall be withheld, redacted,
postponed for public disclosure, or reclassified.
(b) CUSTODY
OF
UNIDENTIFIED
ANOMALOUS
PHENOMENA
RECORDS PENDING REVIEW.—During the review by the heads of
Government offices under subsection (c), each head of a Government
office shall retain custody of the unidentified anomalous phenomena
records of the office for purposes of preservation, security, and
efficiency, unless it is a third agency record described in subsection
(c)(2)(C).
(c) REVIEW BY HEADS OF GOVERNMENT OFFICES.—
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Page 568

137 STAT. 702
PUBLIC LAW 118–31—DEC. 22, 2023
(1) IN GENERAL.—Not later than 300 days after the date
of the enactment of this Act, each head of a Government office
shall review, identify, and organize each unidentified anoma-
lous phenomena record in the custody or possession of the
office for—
(A) disclosure to the public; and
(B) transmission to the Archivist.
(2) REQUIREMENTS.—In carrying out paragraph (1), the
head of a Government office shall—
(A) determine which of the records of the office are
unidentified anomalous phenomena records;
(B) determine which of the unidentified anomalous
phenomena records of the office have been officially dis-
closed or made publicly available in a complete and
unredacted form;
(C)(i) determine which of the unidentified anomalous
phenomena records of the office, or particular information
contained in such a record, was created by a third agency
or by another Government office; and
(ii) transmit to a third agency or other Government
office those records, or particular information contained
in those records, or complete and accurate copies thereof;
(D)(i) determine whether the unidentified anomalous
phenomena records of the office or particular information
in unidentified anomalous phenomena records of the office
are covered by the standards for postponement of public
disclosure under this subtitle; and
(ii) specify on the identification aid required by sub-
section (d) the applicable postponement provision contained
in section 1841;
(E) organize and make available, upon request, to
heads of Government offices other than the Government
office with custody, including the All-domain Anomaly
Resolution Office, all relevant unidentified anomalous
records identified under subparagraph (D);
(F) organize and make available to the heads of
Government offices other than the Government office with
custody, including the All-domain Anomalous Resolution
Office, for assistance with any record concerning which
the office has any uncertainty as to whether the record
is an unidentified anomalous phenomena record governed
by this subtitle; and
(G) give precedence of work to—
(i) the identification, review, and transmission of
unidentified anomalous phenomena records not already
publicly available or disclosed as of the date of the
enactment of this Act;
(ii) the identification, review, and transmission of
all records that most unambiguously and definitively
pertain to unidentified anomalous phenomena, tech-
nologies of unknown origin, and non-human intel-
ligence;
(iii) the identification, review, and transmission
of unidentified anomalous phenomena records that on
the date of the enactment of this Act are the subject
of litigation under section 552 of title 5, United States
Code; and
Determinations.
Deadline.
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137 STAT. 703
PUBLIC LAW 118–31—DEC. 22, 2023
(iv) the identification, review, and transmission
of unidentified anomalous phenomena records with ear-
liest provenance when not inconsistent with clauses
(i) through (iii) and otherwise feasible.
(3) PRIORITY OF EXPEDITED REVIEW FOR DIRECTORS OF CER-
TAIN ARCHIVAL DEPOSITORIES.—The Director of each archival
depository established under section 2112 of title 44, United
States Code, shall have as a priority the expedited review
for public disclosure of unidentified anomalous phenomena
records in the possession and custody of the depository, and
shall make copies of such records available to the All-domain
Anomaly Resolution Office.
(d) IDENTIFICATION AIDS.—
(1) IN GENERAL.—
(A) PREPARATION AND AVAILABILITY.—Not later than
45 days after the date of the enactment of this Act, the
Archivist, in consultation with the heads of such Govern-
ment offices as the Archivist considers appropriate, shall
prepare and make available to all Government offices a
standard form of identification, or finding aid, for use with
each unidentified anomalous phenomena record subject to
review under this subtitle whether in hardcopy (physical),
softcopy (electronic), or digitized data format as may be
appropriate.
(B) UNIFORM SYSTEM.—The Archivist shall ensure that
the identification aid program is established in such a
manner as to result in the creation of a uniform system
for cataloging and finding every unidentified anomalous
phenomena record subject to review under this subtitle
where ever and how ever stored in hardcopy (physical),
softcopy (electronic), or digitized data format.
(2) REQUIREMENTS
FOR
GOVERNMENT
OFFICES.—Upon
completion of an identification aid using the standard form
of identification prepared and made available under subpara-
graph (A) of paragraph (1) for the program established pursuant
to subparagraph (B) of such paragraph, the head of a Govern-
ment office shall—
(A) attach a printed copy to each physical unidentified
anomalous phenomena record, and an electronic copy to
each softcopy or digitized data unidentified anomalous phe-
nomena record, the identification aid describes; and
(B) attach a printed copy to each physical unidentified
anomalous phenomena record, and an electronic copy to
each softcopy or digitized data unidentified anomalous phe-
nomena record the identification aid describes, when trans-
mitted to the Archivist.
(3) RECORDS OF THE NATIONAL ARCHIVES THAT ARE PUBLICLY
AVAILABLE.—Unidentified anomalous phenomena records which
are in the possession of the National Archives on the date
of the enactment of this Act, and which have been publicly
available in their entirety without redaction, shall be made
available in the Collection without any additional review by
another authorized office under this subtitle, and shall not
be required to have such an identification aid unless required
by the Archivist.
(e) TRANSMISSION TO THE NATIONAL ARCHIVES.—Each head of
a Government office shall—
Deadline.
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137 STAT. 704
PUBLIC LAW 118–31—DEC. 22, 2023
(1) transmit to the Archivist, and, as soon as possible,
make available to the public, all unidentified anomalous phe-
nomena records of the Government office that can be publicly
disclosed, including those that are publicly available on the
date of the enactment of this Act, without any redaction, adjust-
ment, or withholding under the standards of this subtitle; and
(2) transmit to the Archivist upon approval for postpone-
ment by the original classification authority upon completion
of other action authorized by this subtitle, all unidentified
anomalous phenomena records of the Government office the
public disclosure of which has been postponed, in whole or
in part, under the standards of this subtitle, to become part
of the protected, yet-to-be disclosed, or classified portion of
the Collection.
(f) CUSTODY OF POSTPONED UNIDENTIFIED ANOMALOUS PHE-
NOMENA RECORDS.—An unidentified anomalous phenomena record
the public disclosure of which has been postponed shall, pending
transmission to the Archivist, be held for reasons of security and
preservation by the originating body until such time as the informa-
tion security program has been established at the National Archives
as required in section 1841(d)(2).
(g) PERIODIC REVIEW OF POSTPONED UNIDENTIFIED ANOMALOUS
PHENOMENA RECORDS.—
(1) IN GENERAL.—All postponed or redacted records shall
be reviewed periodically by the originating agency and the
Archivist.
.(2) REQUIREMENTS.—
(A) PUBLIC
DISCLOSURE.—A periodic review under
paragraph (1) shall address the public disclosure of addi-
tional unidentified anomalous phenomena records in the
Collection under the standards of this subtitle.
(B) UNCLASSIFIED WRITTEN DESCRIPTION OF REASON.—
All postponed unidentified anomalous phenomena records
determined to require continued postponement shall
require an unclassified written description of the reason
for such continued postponement relevant to these specific
records. Such description shall be provided to the Archivist
and published in the Federal Register upon determination.
(C)
PERIODIC
REVIEW;
DOWNGRADING
AND
DESCLASSIFICATION OF INFORMATION.—The Archivist shall
establish requirements for periodic review of postponed
unidentified anomalous phenomena records that shall serve
to downgrade and declassify information.
(D) DEADLINE FOR FULL DISCLOSURE.—Each unidenti-
fied anomalous phenomena record shall be publicly dis-
closed in full, and available in the Collection, not later
than the date that is 25 years after the date of the first
creation of the record by the originating body, unless the
President certifies that—
(i) continued postponement is made necessary by
an identifiable harm to the military defense, intel-
ligence operations, law enforcement, or conduct of for-
eign relations; and
(ii) the identifiable harm is of such gravity that
it outweighs the public interest in disclosure.
(h) REQUIREMENTS FOR EXECUTIVE AGENCIES.—
(1) IN GENERAL.—The heads of Executive agencies shall—
President.
Certification.
Federal Register,
publication.
Determination.
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137 STAT. 705
PUBLIC LAW 118–31—DEC. 22, 2023
(A) transmit digital records electronically in accordance
with section 2107 of title 44, United States Code;
(B) charge fees for copying unidentified anomalous phe-
nomena records; and
(C) grant waivers of such fees pursuant to the stand-
ards established by section 552(a)(4) of title 5, United
States Code.
(2) AMOUNT OF FEES.—The amount of a fee charged by
the head of an Executive agency pursuant to paragraph (1)(B)
for the copying of an unidentified anomalous phenomena record
shall be such amount as the head determines appropriate to
cover the costs incurred by the Executive agency in making
and providing such copy, except that in no case may the amount
of the fee charged exceed the actual expenses incurred by
the Executive agency in making and providing such copy.
SEC. 1843. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE
OF UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.
(a) POSTPONEMENT DETERMINATION.—In addition to the rel-
evant authorities in Executive Order 13526, disclosure of unidenti-
fied anomalous phenomena records or particular information in
unidentified anomalous phenomena records to the public may be
postponed subject to the limitations of this subtitle if the original
classification authority makes a determination that there is clear
and convincing evidence that—
(1) the threat to the military defense, intelligence oper-
ations, or conduct of foreign relations of the United States
posed by the public disclosure of the unidentified anomalous
phenomena record is of such gravity that it outweighs the
public interest in disclosure, and such public disclosure would
reveal—
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method which is currently
utilized, or reasonably expected to be utilized, by the Fed-
eral Government and which has not been officially dis-
closed, the disclosure of which would interfere with the
conduct of intelligence activities; or
(C) any other matter currently relating to the military
defense, intelligence operations, or conduct of foreign rela-
tions of the United States, the disclosure of which would
demonstrably and substantially impair the national secu-
rity of the United States;
(2) the public disclosure of the unidentified anomalous phe-
nomena record would violate section 552a of title 5, United
States Code (referred to as the ‘‘Privacy Act of 1974’’);
(3) the public disclosure of the unidentified anomalous phe-
nomena record could reasonably be expected to constitute an
unwarranted invasion of personal privacy, and that invasion
of privacy is so substantial that it outweighs the public interest;
or
(4) the public disclosure of the unidentified anomalous phe-
nomena record would compromise the existence of an under-
standing of confidentiality currently requiring protection
between a Federal Government agent and a cooperating indi-
vidual or a foreign government, and public disclosure would
be so harmful that it outweighs the public interest.
Deadlines.
Waivers.
Fees.
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137 STAT. 706
PUBLIC LAW 118–31—DEC. 22, 2023
(b) WITHDRAWAL OF RECORDS.—Senior Agency Officials des-
ignated in accordance with Executive Order 13526 or any successor
Orders may withdraw records in the Collection that are determined
to be both not related to unidentified anomalous phenomena and
properly classified. The Senior Agency Official must notify the
congressional leadership and the oversight committees of Congress,
as identified in section 1841(e), by not later than 60 days before
each record is withdrawn.
(c) CONGRESSIONAL
NOTIFICATION
OF
POSTPONEMENT
OF
DISCLOSURE.—In the event that the disclosure of unidentified
anomalous phenomena records or particular information in
unidentified anomalous phenomena records to the public is post-
poned by an Executive agency, the head of the Executive agency
shall notify congressional leadership and the oversight committees
of Congress, as identified in section 1841(e), within 15 days of
such decision with a reason for the postponement of disclosure.
Subtitle D—World Trade Center Health
Program
SEC. 1851. FLEXIBILITY AND FUNDING FOR THE WORLD TRADE
CENTER HEALTH PROGRAM.
(a) DEPARTMENT OF DEFENSE, ARMED FORCES, OR OTHER FED-
ERAL WORKER RESPONDERS
TO
THE SEPTEMBER 11 ATTACKS
AT
THE PENTAGON AND SHANKSVILLE, PENNSYLVANIA.—Title XXXIII
of the Public Health Service Act (42 U.S.C. 300mm et seq.) is
amended—
(1) in section 3306 (42 U.S.C. 300mm–5)—
(A) by redesignating paragraphs (5) through (11) and
paragraphs (12) through (17) as paragraphs (6) through
(12) and paragraphs (14) through (19), respectively;
(B) by inserting after paragraph (4) the following:
‘‘(5) The term ‘Federal agency’ means an agency, office,
or other establishment in the executive, legislative, or judicial
branch of the Federal Government.’’; and
(C) by inserting after paragraph (12), as so redesig-
nated, the following:
‘‘(13) The term ‘uniformed services’ has the meaning given
the term in section 101(a) of title 10, United States Code.’’;
and
(2) in section 3311(a) (42 U.S.C. 300mm–21(a))—
(A) in paragraph (2)(C)(i)—
(i) in subclause (I), by striking ‘‘; or’’ and inserting
a semicolon;
(ii) in subclause (II), by striking ‘‘; and’’ and
inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(III) was an employee of the Department of
Defense or any other Federal agency, worked during
the period beginning on September 11, 2001, and
ending on September 18, 2001, for a contractor of the
Department of Defense or any other Federal agency,
or was a member of a regular or reserve component
of the uniformed services; and performed rescue,
recovery, demolition, debris cleanup, or other related
services at the Pentagon site of the terrorist-related
Time periods.
Definitions.
Notification.
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137 STAT. 1024
PUBLIC LAW 118–31—DEC. 22, 2023
Sec. 7336. Central Intelligence Agency intelligence assessment with respect to ef-
forts by People’s Republic of China to increase influence in Middle East.
Sec. 7337. Assessment of availability of mental health and chaplain services to
Agency employees.
Sec. 7338. Assessment by Director of Central Intelligence Agency on certain effects
of Abraham Accords.
Sec. 7339. Reporting and investigating allegations of sexual assault and sexual har-
assment within the Central Intelligence Agency.
Subtitle C—Matters Relating to Defense Intelligence and Overhead Architecture
Sec. 7341. Modification of reporting requirement for All-Domain Anomaly Resolu-
tion Office.
Sec. 7342. Defense Intelligence Agency assessment of strategic competition in Latin
America and the Caribbean.
Sec. 7343. Funding limitations relating to unidentified anomalous phenomena.
Subtitle D—Matters Relating to National Security Agency, Cyber, and Commercial
Cloud Enterprise
Sec. 7351. Congressional notification by National Security Agency of intelligence
collection adjustments.
Sec. 7352. Modifications to enforcement of cybersecurity requirements for national
security systems.
Sec. 7353. Support by intelligence community for certain cross-functional team of
Department of Defense.
Sec. 7354. Commercial Cloud Enterprise notification.
Sec. 7355. Commercial Cloud Enterprise sole source task order notification require-
ment.
Sec. 7356. Analysis of commercial cloud initiatives of intelligence community.
Subtitle A—General Intelligence
Community Matters
SEC. 7301. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH
EXPERIENCE
IN
FINANCIAL
INTELLIGENCE
AND
EMERGING TECHNOLOGIES.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence,
in coordination with the heads of human capital of the Central
Intelligence Agency, the National Security Agency, and the Federal
Bureau of Investigation, shall submit to the congressional intel-
ligence committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of Representa-
tives a plan for the intelligence community to recruit, train, and
retain personnel who have skills and experience in financial intel-
ligence and emerging technologies in order to improve analytic
tradecraft.
(b) ELEMENTS.—The plan required by subsection (a) shall
include the following elements:
(1) An assessment, including measurable benchmarks of
progress, of current initiatives of the intelligence community
to recruit, train, and retain personnel who have skills and
experience in financial intelligence and emerging technologies.
(2) An assessment of whether personnel in the intelligence
community who have such skills are currently well integrated
into the analytical cadre of the relevant elements of the intel-
ligence community that produce analyses with respect to finan-
cial intelligence and emerging technologies.
(3) An identification of challenges to hiring or compensation
in the intelligence community that limit progress toward rapidly
increasing the number of personnel with such skills, and an
Assessment.
Assessment.
Deadlines.
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137 STAT. 1062
PUBLIC LAW 118–31—DEC. 22, 2023
(i) which does not request any information that
would make an Agency employee or an Agency
employee’s position identifiable;
(ii) for the purposes of—
(I) preventing and responding to sexual
assault and sexual harassment; and
(II) examining the prevalence of sexual assault
and sexual harassment occurring among the
Agency’s workforce; and
(iii) that includes an opportunity for Agency
employees to express their opinions regarding the
manner and extent to which the Agency responds to
allegations of sexual assault and complaints of sexual
harassment, and the effectiveness of such response;
(B) submit to the appropriate congressional committees
the findings of the Director with respect to the climate
assessment completed pursuant to subparagraph (A);
(C) establish and implement the policies required
under sections 30 and 31 of the Central Intelligence Agency
Act of 1949, as added by subsections (b) and (c), respec-
tively;
(D) consolidate the responsibilities of the Director
under section 30 of the Central Intelligence Agency Act
of 1949 in a single Office, as determined by the Director;
and
(E) establish the Special Victim Investigator, as
required by section 32 of the Central Intelligence Agency
Act of 1949, as added by subsection (d).
(2) REPORT.—Not later than 90 days after the date of
the enactment of this Act, and not less frequently than once
every 90 days thereafter for 2 years, the Director of the Central
Intelligence Agency shall submit to the appropriate congres-
sional committees a report on the implementation of this section
and the amendments made by this section. The Director shall
personally review, approve, and submit each report under this
paragraph on a nondelegable basis.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means—
(A) the Select Committee on Intelligence and the Sub-
committee on Defense of the Committee on Appropriations
of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Subtitle C—Matters Relating to Defense
Intelligence and Overhead Architecture
SEC. 7341. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-
DOMAIN ANOMALY RESOLUTION OFFICE.
Section 1683(k)(1) of the National Defense Authorization Act
for Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section
6802(a) of the Intelligence Authorization Act for Fiscal Year 2023
(Public Law 117–263), is further amended—
Review.
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Page 929

137 STAT. 1063
PUBLIC LAW 118–31—DEC. 22, 2023
(1) in the heading, by striking ‘‘DIRECTOR OF NATIONAL
INTELLIGENCE AND SECRETARY OF DEFENSE’’ and inserting ‘‘ALL-
DOMAIN ANOMALY RESOLUTION OFFICE’’; and
(2) in subparagraph (A), by striking ‘‘Director of National
Intelligence and the Secretary of Defense shall jointly’’ and
inserting ‘‘Director of the Office shall’’.
SEC. 7342. DEFENSE INTELLIGENCE AGENCY ASSESSMENT OF STRA-
TEGIC COMPETITION IN LATIN AMERICA AND THE CARIB-
BEAN.
(a) ASSESSMENT.—Not later than 120 days after the date of
the enactment of this Act, the Director of the Defense Intelligence
Agency, in consultation with the heads of the other elements of
the intelligence community that the Director determines appro-
priate, shall submit to the appropriate congressional committees
an intelligence assessment on the level of intelligence and defense
cooperation between covered countries and—
(1) the People’s Republic of China; and
(2) the Russian Federation.
(b) ELEMENTS.—The intelligence assessment under subsection
(a) shall include a description of any security-related cooperation
or engagement between covered countries and the People’s Republic
of China or the Russian Federation in the following areas:
(1) Strategic dialogue.
(2) Training or professional military education.
(3) Defense agreements.
(4) Intelligence sharing agreements.
(5) Arms transfers.
(6) Defense equipment transfers.
(7) Military exercises.
(8) Joint operations.
(9) Permanent military presence.
(10) Space cooperation.
(11) Any other area the Director of the Defense Intelligence
Agency determines appropriate.
(c) FORM.—The assessment under subsection (a) may be pro-
vided in classified form.
(d) FORMAT.—To the extent practicable, the Director shall
present the information contained in the assessment under sub-
section (a) in the format of a chart or other graphic.
(e) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the following:
(A) The congressional intelligence committees.
(B) The congressional defense committees, as such term
is defined in section 101(a) of title 10, United States Code.
(C) The Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
(2) COVERED COUNTRY.—The term ‘‘covered country’’ means
Mexico and each foreign country or territory in Central or
South America or in the Caribbean.
SEC. 7343. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED
ANOMALOUS PHENOMENA.
(a) DEFINITIONS.—In this section:
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
Russia.
China.
Deadline.
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137 STAT. 1064
PUBLIC LAW 118–31—DEC. 22, 2023
(A) the Select Committee on Intelligence, the Com-
mittee on Armed Services, and the Committee on Appro-
priations of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, and the Committee
on Appropriations of the House of Representatives.
(2) 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.
(3) UNIDENTIFIED
ANOMALOUS
PHENOMENA.—The term
‘‘unidentified anomalous phenomena’’ has the meaning given
such term in section 1683(n) of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (50 U.S.C. 3373(n)).
(b) LIMITATIONS.—None of the funds authorized to be appro-
priated or otherwise made available by this division may be obli-
gated or expended in support of any activity involving unidentified
anomalous phenomena protected under any form of special access
or restricted access limitation unless the Director of National Intel-
ligence has provided the details of the activity to the appropriate
committees of Congress and congressional leadership, including for
any activities described in a report released by the All-domain
Anomaly Resolution Office in fiscal year 2024.
(c) LIMITATION
REGARDING
INDEPENDENT
RESEARCH
AND
DEVELOPMENT.—Independent research and development funding
relating to unidentified anomalous phenomena shall not be allow-
able as indirect expenses for purposes of contracts covered by such
instruction, unless such material and information is made available
to the appropriate congressional committees and leadership.
Subtitle D—Matters Relating to National
Security Agency, Cyber, and Commercial
Cloud Enterprise
SEC. 7351. CONGRESSIONAL NOTIFICATION BY NATIONAL SECURITY
AGENCY OF INTELLIGENCE COLLECTION ADJUSTMENTS.
The National Security Agency Act of 1959 (50 U.S.C. 3601
et seq.) is amended by adding at the end the following new section:
‘‘SEC. 22. CONGRESSIONAL NOTIFICATION OF INTELLIGENCE COLLEC-
TION ADJUSTMENTS.
‘‘(a) NOTIFICATION.—Not later than 30 days after the date on
which the Director of the National Security Agency determines
the occurrence of an intelligence collection adjustment, the Director
shall submit to the congressional intelligence committees, the Com-
mittee on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a notification of
the intelligence collection adjustment.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term
‘congressional intelligence committees’ has the meaning given
Deadline.
Determination.
50 USC 3620.
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Record

Author / institution
U.S. Congress
Date
2023-12-22
Source type
Enacted statute
Used for
NARA UAP records collection and disclosure framework
Limitations
Did not transfer AARO organizational ownership to NARA

Also cited as (1)

The same document appears under these IDs in the workbook. Links to them open this page.

  • SRC-203 FY2024 NDAA Public Law 118-31, Sections 1841–1843
    Used for: Records collection, identification, transfer, disclosure postponements

Link

https://www.congress.gov/118/plaws/publ31/PLAW-118publ31.pdf