2023, December 7 - 2024 NDAA is released by the conference committee with Unidentified Anomalous Phenomena Disclosure Act (UAPDA) language.

link2023, December 7 - 2024 NDAA is released by the conference committee with Unidentified Anomalous Phenomena Disclosure Act (UAPDA) language.


I have parsed the UAPDA PDF content conference PDF for your reading pleasure. It is important we all read the language in the bill and compile a list of requests from our senators and representatives.

linkHeadline


The President of the United States appears set to sign federal legislation mentioning “non-human intelligence.” Federal agencies must prioritize turning over records relating to “non-human intelligence.” the original Senate language was 66 pages and included a panel of 10 comprised of historians and scientists to review the records. The original language also contained language for eminent domain and subpoena powers. In the new language, it removed some of these powers.


linkQuick timeline


#ufotwitter #uapda

Act enact, 45d: Archivist preps ID form. 60d: collect of uap recs. Govt office prep recs. 300d: Recs rdy for pub. 30d post-transmit: Inspect at Natl Arch. 180d: online. If postponed, Congress notify in 15 days. All recs pub in 25 yrs max. Limits on unreported SAP programs.


HR2670 - Conference version without the review board, eminent domain, and subpoena powers, or non-human intelligence definition.

S2226 - Original Senate bipartisan Schumer/Rounds version with the records review board, eminent domain, and subpoena powers, and non-human intelligence definition.

S2103 - First Senate Warner version



linkMust-have Needs

The definition of non-human intelligence (NHI) should be included in the conference committee language.

Sec. 1841 of the document includes the words non-human intelligence (or equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects). They are not defined, and that is a problem.

The definition of unidentified anomalous phenomena (UAP) is defined in a previous NDAA from 2022.

There are many sections of the document that include the words unidentified anomalous phenomena.

The term unidentified anomalous phenomena 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)


linkBackground

According to Grusch (and many other sources) the Atomic Energy Act was used to classify UAP back in the day. They used this legal definition to shove UAPs in there conveniently:

Such material is capable of releasing substantial quantities of atomic energy. The president can't legally declassify or disclose anything that falls under that act:

https://www.americanbar.org/news/abanews/aba-news-archives/2022/10/fact-check-presidential-authority/

Some secrets, such as information related to nuclear weapons, are handled separately under a specific statutory scheme that Congress has adopted under the Atomic Energy Act. Those secrets cannot be automatically declassified by the president alone and require, by law, extensive consultation with executive branch agencies.

This is why Schumer's UAPDA was required to give the president that legal right. The UAPDA even called out The Atomic Energy Act as an obstacle (Before they gutted it)

Legislation is necessary because credible evidence and testimony indicate 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 ‘‘trans-classified foreign nuclear information’’, which is also exempt from mandatory declassification, thereby preventing public disclosure under existing provisions of law.


linkSummary

Limitations on Use of Funds for Unreported Programs: No funds can be used to support activities involving unidentified anomalous phenomena unless the Secretary of Defense provides details to the appropriate congressional committees and leadership. This applies to activities described in the All-Domain Anomaly Resolution Office's 2024 fiscal year report.

Independent Research and Development: Funding related to unidentified anomalous phenomena cannot be considered as indirect expenses for contracts covered by Department of Defense Instruction Number 3204.01. However, such information can be made available to the appropriate congressional committees and leadership.

Definitions: Terms such as "appropriate congressional committees," "congressional leadership", and "unidentified anomalous phenomena" are clearly defined.

Establishment of Unidentified Anomalous Phenomena Records Collection: The Archivist is to establish a collection of unidentified anomalous phenomena records in the National Archives. The collection will consist of all government, government-provided, or government-funded records relating to unidentified anomalous phenomena and equivalent subjects.

Disclosure of Records: All unidentified anomalous phenomena records transmitted to the National Archives for public disclosure will be included in the Collection and made available to the public.

Fees for Copying: The Archivist will charge fees for copying unidentified anomalous phenomena records, with the amount not exceeding the actual expenses incurred by the National Archives in making and providing the copy.

Review, Identification, Transmission to the National Archives, and Public Disclosure of Unidentified Anomalous Phenomena Records by Government Offices: Each head of a Government office is to identify, organize, and prepare for transmission records relating to unidentified anomalous phenomena to the Archivist for inclusion in the Collection.

Grounds for Postponement of Public Disclosure of Unidentified Anomalous Phenomena Records: Disclosure of these records may be postponed if there is clear and convincing evidence that the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure outweighs the public interest in disclosure.

Funding Limitations Relating to Unidentified Anomalous Phenomena: No funds can be used in support of any activity involving unidentified anomalous phenomena unless the Director of National Intelligence has provided the details of the activity to the appropriate committees of Congress and congressional leadership.


linkTimeline

1. Enactment of the Act: This is the starting point of the timeline. The specific date will depend on when the Act is officially passed into law.

2. Within 45 days of enactment: The Archivist prepares and makes available to all Government offices a standard form of identification for use with each record (Sec. 1842).

3. No later than 60 days after enactment: The Archivist commences the establishment of a collection of unidentified anomalous phenomena records at the National Archives (Sec. 1841).

4. As soon as practicable after enactment: Each head of a Government office begins to identify, organize, and prepare for transmission the records in their possession (Sec. 1842).

5. Not later than 300 days after enactment: Each head of a Government office completes the review, identification, and organization of each record for public disclosure and transmission (Sec. 1842).

6. Within 30 days after their transmission: Records are available to the public for inspection and copying at the National Archives (Sec. 1841).

7. Within not more than 180 days after their transmission: Records are available digitally via the National Archives online database (Sec. 1841).

8. If disclosure is postponed: The head of the Executive agency notifies congressional leadership and the oversight committees of Congress within 15 days of such decision (Sec. 1843).

9. No later than 25 years after the date of the first creation of the record: Each record shall be publicly disclosed in full (Sec. 1842).

10. Fiscal year 2024: Limitations on the use of funds for certain unreported programs involving unidentified anomalous phenomena come into effect (Sec. 1687, Sec. 7343).


linkAnalysis

See threads and discussions for links to source materials. I am just collecting stuff right now.


😀 Sec. 1005—Requirement for unqualified opinion on Department of Defense financial statement - Requires the DOD to get a clean audit by 2028.

😀 Sec. 1687. Limitation on use of funds for certain unreported programs - Gillibrand Amendment - prohibits funds from being used on any UAP programs unless disclosed to Congressional leadership and Intel and Armed Services Committees. This also covers IRADs.

🤔 Sec. 1841. Unidentified anomalous phenomena records collection at the National Archives and Records Administration - Parts of Schumer/Rounds - Establishes a collection of records in the National Archives for UAP records. Senate Homeland Security, Armed Services, and Intel Committees, together with House Oversight, Armed Services, and Intel Committees, have oversight.

😒 Sec 1842. Sec. 1842. Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by government offices - More of Schumer/Rounds - Each governmental office holding UAP records must identify all UAP records and send them to the National Archives. There is no review board. However, there is a requirement that each document must be disclosed in full within 25 years of its creation unless the President certifies that there would be identifiable harm to national security and that outweighs the public interest in disclosure.

😡 Sec 1843. Grounds for postponement of public disclosure of unidentified anomalous phenomena records - Contains some additional circumstances under which particular records can be withheld from disclosure when they involve grave harm to national security and reveal sources and methods.

☹️ There's a lot more to Sections 1841-3, as they are quite complex and will require further analysis in the coming days. They are far short of what we want, but we shouldn't be blind to any benefits contained within them.

🤬 Here is a summary description of what the conference did with respect to the #UAPDisclosureAct:

"The conference agreement includes only the requirements to establish a government-wide UAP records collection, to transfer records to the collection, and to review the records for disclosure decisions under a set of authorized grounds for postponing disclosure. The agreement does not include the provisions that would establish an independent Review Board, a Review Board staff, eminent domain authority, or a controlled disclosure process."

😀 Section 7343. Funding limitations relating to unidentified anomalous phenomena. - largely a repeat of Section 1687

🤔 Sections 7601-6 contain broad reforms to the laws on classification that will require further analysis. It may have an impact on UAP secrecy issues. Previously mentioned it here: https://x.com/CuriousNHI/status/1695792419864813837?s=20

🤔 Sec. 7801-4. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain contains provisions related to assisting those subject to anomalous health incidents (i.e., possible UAP or Havana syndrome). More analysis is required, but previously covered this here:

https://x.com/CuriousNHI/status/1695792420993069266?s=20

😤 It also appears that they took out reforms of the IC IG whistleblower process that were in part or wholly inspired by some of the issues David Grusch had.


linkThreads and discussions



linkContent

linkSEC. 1687. LIMITATION ON USE OF FUNDS FOR CERTAIN UNREPORTED PROGRAMS.

(a) LIMITATION ON AVAILABILITY OF FUNDS: None of the funds authorized or made available by this Act can be used to support activities involving unidentified anomalous phenomena protected under special access or restricted access limitations, unless the Secretary of Defense provides the activity details to the appropriate congressional committees and congressional leadership. This requirement also applies to activities described in a report released by the All-Domain Anomaly Resolution Office in fiscal year 2024.

(b) LIMITATION REGARDING INDEPENDENT RESEARCH AND DEVELOPMENT: Independent research and development funding related to unidentified anomalous phenomena cannot be considered as indirect expenses for contracts covered by Department of Defense Instruction Number 3204.01. However, such material and information can be made available to the appropriate congressional committees and congressional leadership.

(c) DEFINITIONS:

(1) The term "appropriate congressional committees" refers to the congressional defense committees, 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" includes the majority and minority leaders of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives.

(3) The term "unidentified anomalous phenomena" has the same meaning as defined in section 1683(n) of the National Defense Authorization Act for Fiscal Year 2022, as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023.


linkSec. 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 commence establishment of a collection of unidentified anomalous 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 subparagraph (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 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), 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 transmitted 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 anomalous 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 phenomena records; and

(B) grant waivers of such fees pursuant to the standards 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 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 providing 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, protected, 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 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 Oversight and Accountability, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to


linkSec. 1842 titled "Review, Identification, Transmission to the National Archives, and Public Disclosure of Unidentified Anomalous Phenomena Records by Government Offices" outlines the following stipulations:


(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 Government 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 anomalous 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 Government (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.—

(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 anomalous 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 disclosed 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 subsection (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, 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, technologies of unknown origin, and non-human intelligence;

(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

(iv) the identification, review, and transmission of unidentified anomalous phenomena records with earliest provenance when not inconsistent with clauses (i) through (iii) and otherwise feasible.

(3) PRIORITY OF EXPEDITED REVIEW FOR DIRECTORS OF CERTAIN 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 Government 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 subparagraph (A) of paragraph (1) for the program established pursuant to subparagraph (B) of such paragraph, the head of a Government 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 phenomena 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 phenomena record the identification aid describes, when transmitted 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—

(1) transmit to the Archivist, and, as soon as possible, make available to the public, all unidentified anomalous phenomena 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, adjustment, or withholding under the standards of this subtitle; and

(2) transmit to the Archivist upon approval for postponement 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 PHENOMENA 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 information 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 additional 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 unidentified anomalous phenomena record shall be publicly disclosed 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, intelligence operations, law enforcement, or conduct of foreign 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—

(A) transmit digital records electronically in accordance with section 2107 of title 44, United States Code;

(B) charge fees for copying unidentified anomalous phenomena records; and

(C) grant waivers of such fees pursuant to the standards 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.


linkSEC. 1843. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.

(a) POSTPONEMENT DETERMINATION.—In addition to the relevant authorities in Executive Order 13526, disclosure of unidentified 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 operations, 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 Federal Government and which has not been officially disclosed, 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 relations of the United States, the disclosure of which would demonstrably and substantially impair the national security of the United States;

(2) the public disclosure of the unidentified anomalous phenomena record would violate the ‘‘Privacy Act of 1974’’;

(3) the public disclosure of the unidentified anomalous phenomena 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 phenomena record would compromise the existence of an understanding of confidentiality currently requiring protection between a Federal Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest.

(b) WITHDRAWAL OF RECORDS.—Senior Agency Officials designated 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, 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 postponed by an Executive agency, the head of the Executive agency shall notify congressional leadership and the oversight committees of Congress, within 15 days of such decision with a reason for the postponement of disclosure.


linkSEC. 7343. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED ANOMALOUS PHENOMENA

DEFINITIONS.—In this section:

APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means—

(A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations 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.

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 Representatives.

UNIDENTIFIED ANOMALOUS PHENOMENA.— 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)).

LIMITATIONS.—None of the funds authorized to be appropriated or otherwise made available by this division may be obligated 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 Intelligence 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.

LIMITATION REGARDING 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 to the appropriate congressional committees and leadership.

Subtitle D—Matters Relating to National Security Agency, Cyber, and Commercial Cloud Enterprise