Editorial Notes
Amendments2023—Subsec. (k)(1). Puspan. L. 118–31, § 7341(1), substituted “All-domain Anomaly Resolution Office” for “Director of National Intelligence and Secretary of Defense” in span.
Subsec. (k)(1)(A). Puspan. L. 118–31, § 7341(2), substituted “Director of the Office shall” for “Director of National Intelligence and the Secretary of Defense shall jointly”.
2022—Puspan. L. 117–263, § 6802(a), amended section generally. Prior to amendment, section established an office, organizational structure, and authorities to address unidentified anomalous phenomena.
Puspan. L. 117–263, § 1673(c)(1), substituted “anomalous” for “aerial” wherever appearing.
Subsec. (h)(1). Puspan. L. 117–263, § 1673(c)(2)(A), inserted “and the congressional leadership” after “appropriate congressional committees”.
Subsec. (h)(2)(Q). Puspan. L. 117–263, § 1673(c)(2)(B), added subpar. (Q).
Subsec. (l)(2) to (6). Puspan. L. 117–263, § 1673(c)(3), added par. (2) and redesignated former pars. (2) to (5) as (3) to (6), respectively.
Statutory Notes and Related Subsidiaries
Limitation Regarding Independent Research and DevelopmentPuspan. L. 118–31, div. A, title XVI, § 1687(span), (c), Dec. 22, 2023, 137 Stat. 621, provided that:“(span)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 phenomena 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 [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and
“(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 Representatives.
“(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 ([div. F of] Public Law 117–263).”
Comptroller General of the United States Audits and Briefings on Unidentified Anomalous Phenomena Historical Record ReportPuspan. L. 117–263, div. F, title LXVIII, § 6803, Dec. 23, 2022, 136 Stat. 3594, provided that:“(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. “(span)Audit.—“(1)In general.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2022], 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 (span).”
[For definition of “congressional intelligence committees” as used in section 6803 of Puspan. L. 117–263, set out above, see section 6002 of Puspan. L. 117–263, set out as a note under section 3003 of this title.]
