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FY2023 NDAA (Public Law 117-263): AARO reporting and oversight provisions
U.S. Congress · 2022-12-23
FY2023 NDAA (Public Law 117-263): AARO reporting and oversight provisions · 1772 pages · PDF 4.6 MB
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 00018 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 00031 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 00535 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 00565 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 00566 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 00568 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 01101 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 01192 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 01193 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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 VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 01194 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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 VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 01195 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 01196 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 01197 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 01198 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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.’’. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 01199 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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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. VerDate Sep 11 2014 06:14 Apr 13, 2023 Jkt 039139 PO 00263 Frm 01200 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL263.117 PUBL263 rsuess on LAP9Q1F4G3PROD with PUB LAWS PDF
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