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Code · BILL · 118th Congress · S. 2226 (Reported in Senate) — To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military c... · Sec. 1546

Sec. 1546. Funding limitation on certain unreported programs

684 words·~3 min read·/bill/118/s/2226/rs/section-1546

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None of the funds authorized to be appropriated by this Act for fiscal year 2024 may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following:
Recruiting, employing, training, equipping, and operations of, and providing security for, Government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft. Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology.
Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise. Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena. The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials.
Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, and electric ion thrust. Any person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall— not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection— all such material and information; and a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena materiel.
The provision of notice and the making available of material and information under paragraph
(1)shall be treated as an authorized disclosure under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3373b ). 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 material or information described in subsection
(a)shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (b). Not later than 30 days after the date on which the Director has received a notification under subparagraph
(A)of subsection (b)(1) or information or material under paragraph
(B)of such subsection, the Director shall provide a written notification of such receipt to the appropriate committees of Congress and congressional leadership. In this section: The term appropriate committees of Congress means— the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. The term congressional leadership means— the majority leader of the Senate; the minority leader of the Senate; the Speaker of the House of Representatives; and the minority leader of the House of Representatives. The term Director means the Director of the All-domain Anomaly Resolution Office. 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 ).
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