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    Unidentified Anomalous Phenomena Disclosure Act

    From Wikipedia - Reading time: 22 min
    National Defense Authorization Act for Fiscal Year 2024
    Great Seal of the United States
    Long titleAn Act to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
    Acronyms (colloquial)NDAA
    Enacted bythe 118th United States Congress
    Citations
    Public lawPub. L.Tooltip Public Law (United States) 118–31 (text) (PDF)
    Legislative history
    • Introduced in the House as H.R. 2670 by Mike Rogers (R–AL) on April 18, 2023
    • Committee consideration by House Armed Services
    • Passed the House on July 14, 2023 (219–210)
    • Passed the Senate on July 27, 2023 (with an amendment by unanimous consent)
    • Reported by the joint conference committee on December 6, 2023; agreed to by the Senate on December 13, 2023 (87-13) and by the House on December 14, 2023 (310-118)
    • Signed into law by President Joe Biden on December 22, 2023


    The Unidentified Anomalous Phenomena Disclosure Act (UAPDA) was a series of bipartisan bills passed by the United States Congress and signed into law on December 22, 2023. The law mandated the National Archives and Records Administration assemble a UAP Collection of unidentified anomalous phenomenon (UAP) data.[1][2][3] The UAPDA was introduced as an amendment to the National Defense Authorization Act for Fiscal Year 2024.[2]

    Background

    [edit]
    Main article: 2023 Chinese balloon incident

    From January 28 to February 4, 2023, a high-altitude balloon originating from China flew across North American airspace, including Alaska, western Canada, and the contiguous United States.[4] On February 4, the U.S. Air Force shot down the balloon over U.S. territorial waters off the coast of South Carolina. The military revealed that three similar Chinese balloons had penetrated US Airspace in the prior years, but top American military officials had not been alerted because they had been classified as unidentified aerial phenomena (UAP)[5][6] In 2022, the Office of the Director for National Intelligence said that there had been at least 171 reports of unexplained aerial phenomena in the United States, and the intelligence community has been unable to determine their precise nature.[7] The commander of United States Northern Command (USNORTHCOM), General Glen VanHerck, said that U.S. failure to detect and identify all such incursions is "a domain awareness gap that we have to figure out".[8][9][10] In response, the U.S. changed the sensitivity of its radar detection systems, which enabled it to detect additional UFOs.[11]

    UAP Disclosure Act

    [edit]
    Main article: National Archives and Records Administration UAP Collection

    The bill was introduced in July 2023 by Senate Majority Leader Chuck Schumer of New York and Mike Rounds of South Dakota.[2][12] Schumer described the bill as having been modeled on the President John F. Kennedy Assassination Records Collection Act of 1992.[2] The bill was attached as a 64-page amendment to the National Defense Authorization Act for Fiscal Year 2024 (NDAA), with Marco Rubio of Florida and Kirsten Gillibrand of New York, co-sponsoring the amendment.[1][2]

    The House of Representatives approved their version of the 2023 NDAA with the UAPDA attached on July 14, 2023.[13] The NDAA with the UAPDA for 2024 was passed on December 14, 2023.[14]

    With enactment of the 2023 NDAA, the National Archives and Records Administration (NARA) and the Archivist of the United States were ordered to "commence establishment of a collection of unidentified anomalous phenomena."[15] The "Unidentified Anomalous Phenomena (UAP) Records Collection will consist of 'copies of all Government, Government-provided, or Government-funded records relating to unidentified anomalous 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).'"[16] The law mandated that detailed records and materials of non-human intelligence origins "shall be transmitted to the National Archives in accordance with section 2107 of title 44, United States Code."[15] In 2024, the National Archives and Records Administration and major Washington, D.C. area law firms such as Covington & Burling began advising and directing clients and government agencies to begin compliance with the enacted UAPDA requirements.[17][18] On February 6, 2024, the National Archives and Records Administration formally notified all United States government records administrators to begin their mandated compliance with UFO/UAP disclosure requirements.[19]

    Reactions to the 2024 UAPDA

    [edit]

    The UAPDA has been called part of a "controlled disclosure campaign," and goes so far as to define such a campaign for government disclosure of known UFO, UAP, and non-human intelligence related topics.[20] The UAPD was described as an alternative to an uncontrolled "catastrophic disclosure" scenario, where government would have little to no direct control over how UFO-related information is disseminated to the public.[21] Sean Munger in The Debrief argued in favor of government regulation of all non-human technologies in private possession instead of using eminent domain as proposed in the UAPDA.[22] It was reported that the UAPDA faced resistance from the United States intelligence community and the United States Department of Defense, as well as from Senator Mitch McConnell and House Speaker Mike Johnson.[23] In the Washington Spectator, Dave Troy compared the UAPDA's gated time limits to an "ultimatum" for President Joe Biden to release classified data.[24] In March 2024, a protest rally in support of the UAPDA was held in New York City.[25]

    Senator Marco Rubio stated, "We’ve taken some important steps over the last few years to increase transparency and reduce stigmas, but more needs to be done. This is yet another step in that direction, and one that I hope will spur further cooperation from the executive branch."[26] Ryan Graves, a United States Navy aviator who was among the flight crews involved in the Pentagon UFO videos, said "Right now, there is very little formalized support for UAP aircrew witnesses, and Americans for Safe Aerospace has the expertise to mobilize and fill that gap. From my own experience, I know firsthand the stigma around the UAP topic and the very real fear of professional consequences so I want to help others navigate the process of coming forward."[26] Of the weakened version of the UAPDA passed for 2024, House Representative Burchett stated, "We got ripped off. We got completely hosed. They stripped out every part."[27]

    Then-Speaker of the United States House of Representatives Kevin McCarthy was supportive of UFO and UAPDA related transparency.[28] "If we had found a UFO, I think the Department of Defense would tell us because they’d probably wanna request more money. I’d love to see what other facts and information we have. I’m very supportive of letting the American public see what we have," he said on Fox News.[28] Senate Majority Leader Schumer remarked, "The American public has a right to learn about technologies of unknown origins, non-human intelligence, and unexplainable phenomena. We are not only working to declassify what the government has previously learned about these phenomena but to create a pipeline for future research to be made public."[29]

    Tyler Cowen, writing for Bloomberg News, argued meanwhile to exercise caution and that the government may have valid and legitimate reasons to maintain secrecy around the topics of UFOs, UAP, and non-human intelligence.[30] In National Review, Andrew Stuttaford criticized the usage of eminent domain in the UAPDA, arguing that while there may be legitimate reasons to restrict access to "recovered technologies" subject to Second Amendment considerations, he opposed eminent domain for non-weapons technologies, saying that without private property, technologies such as hydraulic fracturing could not have advanced had landowners not controlled their own mineral rights.[31]

    Future laws and a UAP Review Board

    [edit]

    The initial proposal for the UAPDA included plans for UAP Review Board, with specific professional qualifications and requirements for each member to be eligible, and each member would then require confirmation in the United States Senate to access UAP Records Collections generated by legal requirements.[1][2] The listed qualifications mandate the President and Senate assign a UAP Review Board, stating they "shall be impartial citizens, none of whom shall have had any previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence."[32] Additionally, the UAP Review Board would be required under law to be comprised of specific professionals by their experience and training, to consist of one each: current or former national security official; current or former foreign service official; one scientist or engineer; one economist; one professional historian, and one sociologist.[1] Among other provisions in the UAPDA were strong protections for whistleblowers.[33]

    The UAP Review Board would have Title 10 and Title 50 subpoena power to access classified information, which is governed by executive order of the President, and restricted data controlled by the United States Department of Energy as defined in the Atomic Energy Act of 1954.[1][2] The UAP Review Board, examining all materials without restriction, would determine whether a given asset or piece of information shall be made public for disclosure, or postponed further, with the presumption of defaulting to public disclosure of any materials if discovered.[1][2] The President would then act upon the UAP Review Board's guidance, and all materials would be mandated for public disclosure within twenty-five years of the passage of the UAPDA, unless the President detailed to the Congress why that given item should remain restricted, with threats to national security as an eligible reason for delaying disclosure.[1][2] Disclosure of specific items could also be delayed in accordance with privacy laws for private individuals and their personal information.[34] Additionally, under the UAPDA, no private non-governmental parties or private citizens would going forward be allowed to keep or maintain any UAPDA-covered assets if they possessed them, and all such materials would be seized by the Federal government of the United States under eminent domain.[1][2]

    The timeline for the UAPDA, upon enactment, would mandate the President and Senate establish the UAP Review Board within 90 days.[35] Following that, similar to the previous format of the concept in the Intelligence Authorization Act, all parts of the United States government and private parties would be required to turn over all UFO/UAP data to the Review Board within 300 days.[35] The UAP Review Board would then have 180 days to review all data, and then must release their findings to Congress within an additional 14 days.[35][3]

    After bill emerged from United States congressional conference committee, which is composed of both House and Senate members who modify bills passed respectively by the House and Senate to synchronize them for a final vote to forward the proposed law to the United States President, a modified and reduced in power version of the UAPDA was attached and made live as part of the NDAA for 2024.[36] Two reportedly key provisions were ultimately removed from the final reconciled version of the UAPDA that passed for 2023 and enactment in 2024.[36] For the 2024 cycle, that included the UAP Review Board itself, as well as the eminent domain provisions.[36] According to the New York Times, the Defense Department objected to some UAPDA measures, saying a "person familiar with the talks who insisted on anonymity to describe them noted that the Defense Department also had pushed back forcefully on wider measures" in the proposed law.[37]

    In the summer of 2024, the full UAPDA with all prior required powers that did not survive passage on the first attempt was again introduced to Congress for a second consecutive year, to be attached to the National Defense Authorization Act for Fiscal Year 2025.[38]

    On March 5, 2024, Ryan Graves authored an opinion piece for The Hill titled "Spy balloons, drones and advanced UAP pose a clear and present danger"[39]

    In extraterrestrial conspiracy theories

    [edit]
    Main article: UFO conspiracy theories
    UFOs and ufology
    Flying saucer from the National Archives and Records Administration
    Notable sightings
    • Kenneth Arnold sighting
    • 1947 wave
    • Roswell
    • Mantell crash
    • Chiles-Whitted
    • Gorman dogfight
    • McMinnville photos
    • Mariana film
    • 1952 flap
    • Sightings in outer space
    • Flatwoods monster
    • Barney and Betty Hill
    • Travis Walton
    • Rendlesham Forest
    • Belgian wave
    • Alien autopsy hoax
    • Phoenix Lights
    • Pentagon UFO videos
    • Government investigations
    • Operação Prato - Brazil
    • Project Magnet - Canada
    • GEIPAN - France
    • Institute 22 - Soviet Union
    • Flying Saucer Working Party - UK
    • Project Condign - UK
    • History of government investigations - US
    • All-domain Anomaly Resolution Office - US
    • NASA's UAP independent study team - US
    • Condon Committee - US
    • Project Blue Book - US
    • Unidentified Anomalous Phenomena Disclosure Act - US
    Conspiracy theories
    • Area 51
    • Bob Lazar
    • Majestic 12
    • Men in black
    • Serpo
    Religions
    • Aetherius Society
    • Church of the SubGenius
    • Heaven's Gate
    • Nation of Islam
    • Raëlism
    • Scientology
    • Unarius Academy of Science
    Lists of organizations, sightings, studies, etc.
    • UFO organizations
    • Reported UFO sightings
    • Sightings by country
    • Investigations of UFOs by governments
    • Identification studies of UFOs
    • Ufologists
    • Alleged extraterrestrial beings
    • v
    • t
    • e

    Beginning with the 1947 flying disc craze, reports of unidentified flying objects have been linked in the popular imagination with spacecraft piloted by extraterrestrials. By the mid-1950s, Donald Keyhoe's book The Flying Saucer Conspiracy alleged that elements in the US Government were conspiring to cover up knowledge of extraterrestrial spaceships.

    Jim Semivan, a Central Intelligence Agency veteran turned UFO author, told USA Today, "It is unlikely the U.S. Government nor any other government that has UAP-related research programs knows exactly how to selectively release information on UAPs. You can't just say, 'UAPs are real and we are not alone;' the questions would never stop... the people would demand more information. It is all or nothing.".[40]

    Debunker Mick West question the act, posted to social media: "Here's the problem. The UAP Disclosure Amendment seeks to set up a process for documenting UAP based on six observables. Yet no clear evidence has ever been shown that such a thing exists. @DoD_AARO EXPLICITLY said they have no such evidence. So what's the basis? Talk? Stories?"[41]

    [edit]

    References

    [edit]
    1. ^ a b c d e f g h Schumer, Chuck; Rounds, Mike; Rubio, Marco; Gillibrand, Kirsten (2023-07-11). "S. 2226, Unidentified Anomalous Phenomena Disclosure Act of 2023" (PDF). Senate Democratic Caucus; Senate.gov. pp. 2–3. Archived (PDF) from the original on 2024-06-12. Retrieved 2024-09-13. Legislation is necessary because credible evidence and testimony indicates that Federal Government unidentified anomalous phenomena records exist that have not been declassified or subject to mandatory declassification review as set forth in Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information) due in part to exemptions under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as well as an over-broad interpretation of 'transclassified foreign nuclear information', which is also exempt from mandatory declassification, thereby preventing public disclosure under existing provisions of law.
    2. ^ a b c d e f g h i j "Schumer, Rounds Introduce New Legislation To Declassify Government Records Related To Unidentified Anomalous Phenomena & UFOs – Modeled After JFK Assassination Records Collection Act – As An Amendment To NDAA". Senate Democratic Caucus. 2023-07-11. Archived from the original on 2023-08-01. Retrieved 2024-09-13.
    3. ^ a b Barnes, Julian E. (2023-07-13). "Bipartisan Measure Aims to Force Release of U.F.O. Records". The New York Times. Archived from the original on 2023-07-15. Retrieved 2024-09-13.
    4. ^ "Chinese spy balloon over US is weather device says Beijing". BBC News. February 3, 2023. Archived from the original on February 6, 2023. Retrieved February 6, 2023.
    5. ^ https://www.space.com/chinese-spy-balloons-classified-ufos-us-military
    6. ^ Barnes, Julian E.; Cooper, Helene; Wong, Edward (February 7, 2023). "Previous Chinese Balloon Incursions Initially Went Undetected". The New York Times. ISSN 0362-4331. Archived from the original on February 9, 2023. Retrieved February 10, 2023.
    7. ^ Banco, Erin (March 21, 2023). "What the Biden administration isn't telling Congress about spy balloons". Politico. Retrieved 25 March 2023.
    8. ^ Ashley Roque, Other Chinese balloons slipped through 'domain awareness gap' in US defenses: General Archived February 9, 2023, at the Wayback Machine, Breaking Defense (February 6, 2023).
    9. ^ Trevithick, Joseph; Rogoway, Tyler (February 6, 2023). "U-2 Spy Planes Snooped On Chinese Surveillance Balloon". The Drive. Archived from the original on February 7, 2023. Retrieved February 7, 2023.
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    12. ^ Walker, Josephine (2023-07-15). "Senators move to require release of US government UFO records". Reuters. Archived from the original on 2023-11-08. Retrieved 2024-09-13.
    13. ^ Mautner Markhof, Diana; Shestunov, Yegor (2023-07-21). "US Congress Act on Disclosure and Explanation of UAP". iGlobe News. Archived from the original on 2023-09-22. Retrieved 2024-09-13.
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    16. ^ "Guidance to Federal Agencies on Unidentified Anomalous Phenomena Records Collection". National Archives and Records Administration. 2024-05-09. Archived from the original on 2024-05-21. Retrieved 2024-09-13.
    17. ^ Barna, Stephanie; Wang, Jasmine; Patil, Moushmi (2024-01-09). "Implications of the Unidentified Anomalous Phenomena (UAP) Amendment in the 2024 National Defense Authorization Act (NDAA)". Covington & Burling. Archived from the original on 2024-02-29. Retrieved 2024-09-13.
    18. ^ Mazmanian, Adam (2024-02-06). "New legislation mandates a governmentwide repository of records dealing with "unidentified anomalous phenomena."". NextGov, Government Executive. Archived from the original on 2024-02-07. Retrieved 2024-09-14.
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    20. ^ Wright, Kevin (2024-09-08). "Why the UAP Disclosure Act must pass now". Roswell Daily Record. Archived from the original on 2024-09-09. Retrieved 2024-09-13.
    21. ^ Munger, Sean (2023-11-02). "Regulation vs. Eminent Domain: An Alternate Approach to 'The Unidentified Anomalous Phenomena Disclosure Act of 2023'". The Debrief. Archived from the original on 2023-11-06. Retrieved 2024-09-14.
    22. ^ Mitchell, Ellen (2023-12-01). "House lawmakers demand transparency from leaders on UAP amendment's inclusion in Defense bill". The Hill. Archived from the original on 2024-09-09. Retrieved 2024-09-13.
    23. ^ Troy, Dave (2024-02-27). "The Wide Angle: Is a UFO Hoax a Ticking Time-bomb for Biden?". Washington Spectator. Archived from the original on 2024-02-28. Retrieved 2024-09-13.
    24. ^ Newton, Chrissy (2024-03-20). "UAP Advocates Rally at Senator Schumer's Office in New York as Efforts Mobilize Across 45 States". The Debrief. Archived from the original on 2024-03-27. Retrieved 2024-09-13.
    25. ^ a b Clark, Jeffrey (2023-07-18). "UFO witness and former Navy pilot praises UFO bill for transparency, launches whistleblower program". Fox News. Archived from the original on 2023-11-17. Retrieved 2024-09-13.
    26. ^ Guo, Kayla (2023-12-14). "Congress Orders U.F.O. Records Released but Drops Bid for Broader Disclosure". The New York Times. Archived from the original on 2023-12-19. Retrieved 2024-09-13.
    27. ^ a b Stieb, Matt (2023-07-19). "Chuck Schumer's UFO Bill Is Not Messing Around About Aliens". New York (magazine). Archived from the original on 2023-07-21. Retrieved 2024-09-13.
    28. ^ Eberhart, Chris (2023-07-14). "UFO legislation to usher in new age of transparency: 'Long past time'". Fox News. Archived from the original on 2024-01-18. Retrieved 2024-09-13.
    29. ^ Cowen, Tyler (2023-12-10). "Government Secrecy About UFOs Isn't Always a Bad Thing". Bloomberg News. Archived from the original on 2023-12-10. Retrieved 2024-09-13.
    30. ^ Stuttaford, Andrew (2023-07-16). "UFOs and Eminent Domain". National Review. Archived from the original on 2023-12-03. Retrieved 2024-09-16.
    31. ^ Vincent, Brandi (2023-06-27). "Senate's intelligence authorization bill questions 'reverse engineering' of government-recovered UAPs". Defense Scoop. Archived from the original on 2023-09-29. Retrieved 2024-09-13.
    32. ^ Clark, Stuart (2024-01-14). "'It only takes one to be real and it changes humanity for ever': what if we've been lied to about UFOs?". The Guardian. Archived from the original on 2024-02-21. Retrieved 2024-09-13.
    33. ^ Rogerson, Riley (2023-12-10). "Congress Is Taking a Huge Step Toward UFO Transparency—and Lawmakers Pushing for the Truth Aren't Happy". Daily Beast. Archived from the original on 2023-12-17. Retrieved 2024-09-13.
    34. ^ a b c Whiteside, Steph (2023-09-26). "Senate has a plan for UFO disclosure. Here's what's in it". NewsNation. Archived from the original on 2024-05-19. Retrieved 2024-09-13.
    35. ^ a b c Markham, Devan (2023-12-12). "UAP disclosure bill revised; two key provisions stripped". NewsNation. Archived from the original on 2023-12-18. Retrieved 2024-09-13.
    36. ^ Tingley, Brett (2023-12-16). "Some UFO records must be released, US Congress says". Space.com. Archived from the original on 2023-12-20. Retrieved 2024-09-13.
    37. ^ Perez, Lisbeth (2024-06-12). "FY2025 NDAA Advances to House Floor With Several Tech Provisions Onboard". Meritalk. Archived from the original on 2024-06-13. Retrieved 2024-09-13.
    38. ^ https://thehill.com/opinion/national-security/4500579-spy-balloons-drones-and-advanced-uap-pose-a-clear-and-present-danger/
    39. ^ Lagatta, Eric (2023-12-18). "Did America get 'ripped off'? UFO disclosure bill derided for lack of transparency". USA Today. Archived from the original on 2023-12-22. Retrieved 2024-09-13.
    40. ^ https://x.com/MickWest/status/1679917062913933312

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