Why the Unidentified Anomalous Phenomena (UAP) Disclosure Act of 2023 Falls Far Short of Its Intended Purpose — And What That Means for Transparency
The Unidentified Anomalous Phenomena Disclosure Act of 2023, commonly referred to as the “UAP Disclosure Act,” was initially praised as a landmark initiative towards transparency in the government’s dealings with Unidentified Anomalous Phenomena (UAPs). While the Act is undeniably a significant step forward, its implementation has unveiled a complex landscape of both progress and pitfalls. Despite its intention to enhance public access to critical information, the Act is hampered by numerous deficiencies that undermine its effectiveness. In this article, we will break down the Act’s key provisions and objectives, weigh its pros and cons, examine its implementation timeline, and explain recent legislative efforts and updates that seek to address its shortcomings, among others. Let’s begin.
“The UAP Disclosure Act of 2023 was meant to pull back the curtain on decades of secrecy, but what we got instead was a half-measure. The Act’s limitations highlight the ongoing struggle between transparency and entrenched special interest groups that have long kept the truth from the public. This isn’t about UFOs and little green men; it’s about the American people’s right to access information that could fundamentally change our understanding of the world and impact national security. Until we demand more robust legislation, true transparency will remain out of reach.” — Brian Reese
Why Did Congress Pass the UAP Disclosure Act of 2023?
The UAP Disclosure Act, passed in December 2023 as part of the 2024 National Defense Authorization Act (NDAA), was a response to the escalating public and governmental interest in Unidentified Anomalous Phenomena (UAPs), commonly referred to as UFOs. This interest was driven by a surge in credible sightings and reports from military and intelligence officials, which intensified calls for greater transparency regarding the government’s knowledge of UAPs. The Act aimed to meet these demands by mandating the preservation, review, and eventual public release of UAP-related records held by the government.
Senate Majority Leader Chuck Schumer (D-NY) and Senator Mike Rounds (R-SD) were key figures in the bill’s passage, introducing it as an amendment to the NDAA. The legislation was inspired by the President John F. Kennedy Assassination Records Collection Act, with the intent of preventing the suppression of potentially significant information about UAPs. Despite facing opposition from some members of Congress, particularly those with connections to defense contractors, which led to a dilution of some of its provisions, the Act still marks a meaningful advancement in government transparency and accountability concerning UAP research.
>> Download and read the final signed National Defense Authorization Act for Fiscal Year 2024.
Key Provisions and Intent of the UAP Disclosure Act
Purpose of the Act
The UAP Disclosure Act of 2023 was established with the clear intent to centralize and preserve all Federal Government records related to unidentified anomalous phenomena (UAPs) for historical and government purposes. This ensures that these records will be disclosed to the public over time, fostering transparency and allowing the public to be fully informed about the Federal Government’s knowledge and involvement with UAPs.
Legislative Necessity
The Act was passed due to the perceived inadequacy of existing legislation, such as the Freedom of Information Act (FOIA), in achieving timely public disclosure of UAP records. The Act acknowledges that credible evidence and testimony indicate the existence of Federal Government UAP records that have not been declassified or disclosed due to broad interpretations of national security exemptions.
Public Interest and Oversight
One of the central declarations of the Act is the necessity for legislation to restore proper oversight over UAP records by elected officials in both the executive and legislative branches. The Act also emphasizes the importance of public interest in the disclosure of UAP records, aiming to prevent technological surprise and enhance national security through open scientific research.
Definitions and Scope
The Act provides detailed definitions, including terms like “unidentified anomalous phenomena,” “technologies of unknown origin,” and “non-human intelligence.” These definitions clarify the scope of the Act, covering a wide range of phenomena and materials that are not currently attributable to known human technology or activity.
Creation of a UAP Records Collection
The Act mandates the creation of a centralized Unidentified Anomalous Phenomena Records Collection at the National Archives. This collection will include all relevant government records and will be made accessible to the public through both physical inspection and digital formats.
Eminent Domain Provision
The Act includes a controversial provision allowing the Federal Government to exercise eminent domain over recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private entities. This is aimed at ensuring that such materials are made available for government review and potential public disclosure.
Review Board
The Act establishes an independent Unidentified Anomalous Phenomena Records Review Board tasked with reviewing and overseeing the declassification and public disclosure of UAP-related records. This board is intended to provide accountability and prevent undue secrecy.
PROs of the UAP Disclosure Act
Increased Transparency
The Act mandates the creation of the Unidentified Anomalous Phenomena Records Collection within the National Archives. This collection is intended to house government records related to UAPs, technologies of unknown origin, and potential non-human intelligence. This provision is a major victory for transparency advocates, as it ensures these records will be preserved and made accessible to the public under specific guidelines. The transparency this collection promises is a critical step toward demystifying the government’s role in UAP-related research and activities.
Establishment of the UAP Records Review Board
The Act also establishes a nine-member review board appointed by the President. This board is designed to oversee the review and declassification of UAP-related records, with the goal of maintaining accountability and preventing undue government secrecy. The independent oversight provided by this board is essential to ensure that the process is not subject to political manipulation or bureaucratic inertia.
Accountability through Eminent Domain
Initially, the Act included provisions allowing the federal government to exercise eminent domain over any recovered technologies or biological evidence of non-human intelligence held by private entities. The rationale behind this was to centralize control over critical materials and prevent them from being withheld from public knowledge. While this provision was ultimately excluded from the final legislation, its initial inclusion highlights the Act’s intent to ensure government accountability and prevent the privatization of potentially world-changing discoveries.
CONS of the UAP Disclosure Act
Concerns Over Government Overreach
The eminent domain provisions, though excluded from the final version of the Act, sparked significant concern. Critics argued that allowing the government to seize private property without consent — especially valuable and sensitive technologies — could lead to abuse and legal challenges. The broad powers that were initially proposed raised serious questions about property rights and the limits of governmental authority.
Potential for Bureaucratic Delays
Although the establishment of the UAP Records Review Board is a step toward transparency, the actual process of reviewing and declassifying records could be slow. The Act lacks clear timelines and procedural safeguards to ensure that the public receives timely access to information. Without these safeguards, there is a real risk that the declassification process could become bogged down in bureaucratic red tape, delaying the release of important information.
Ambiguity in Public Disclosure Requirements
The Act calls for the disclosure of UAP-related records but does not specify clear guidelines for what information must be disclosed or when. This lack of clarity could lead to selective disclosure or prolonged withholding of important information, undermining the Act’s goals of transparency. The absence of well-defined disclosure criteria leaves too much discretion in the hands of government officials, potentially compromising the integrity of the disclosure process.
Exclusion of Broader Public Input
The selection process for the UAP Records Review Board members is entirely controlled by the President and Senate, potentially limiting diverse representation. Broader involvement from independent researchers and civilian experts could have strengthened the board’s legitimacy and effectiveness. By excluding these voices, the Act may inadvertently limit the scope of perspectives that are considered in the review process.
Implementation Timeline and Challenges
The Act’s implementation is expected to take several years, with key milestones including the establishment of the UAP Records Collection by February 2024 and the review and transfer of relevant records by October 2024. However, the process faces several challenges. Bureaucratic inertia could slow progress, particularly in the coordination required between the National Archives and various government agencies. Additionally, the potential for legal battles over the exclusion of the eminent domain provision and other contentious aspects of the Act could further delay implementation.
Bill Shortcomings and Proposed Legislative Fixes
Recognizing the UAP Disclosure Act’s limitations, new legislation has been proposed to address its shortcomings. But first, let’s discuss the bill’s shortcomings.
Delayed Transparency
The Act allows the executive branch to delay public access to UAP records for up to 25 years from the date of creation. Even after this period, the President can decide to keep records classified for national security reasons. This long delay significantly undermines the immediate transparency that many advocates were hoping for.
Government Control Over Disclosure
The Act still gives various government agencies the power to keep UAP records classified. If a future president determines that releasing certain records could threaten U.S. intelligence operations or military defense, they can postpone declassification. This loophole means that some critical information may never be made public, depending on the government’s discretion.
Stripped Provisions
The original, stronger provisions of the bill, such as the creation of a presidential commission to review and declassify UFO records, were removed from the final version. This has led to criticism from lawmakers and transparency advocates who feel that the final legislation does not go far enough in promoting openness.
Criticism from Lawmakers and Advocates
Key figures like Rep. Tim Burchett (R-Tenn.) have criticized the bill for not being strong enough, stating that attempts by the intelligence community to limit transparency were successful. This criticism highlights a broader concern that the government continues to withhold vital information about UAPs. Read the The UAP Transparency Enhancement Act for more information.
Public Skepticism
The passage of the weakened legislation has reignited public suspicion that the government is still concealing important information about UAPs. This ongoing skepticism is fueled by the fact that the Act allows significant leeway for the government to withhold records.
NASA’s Role
NASA’s recent initiatives, including launching a UAP research program and an online reporting tool for the public, indicate a shift towards more scientific study of UAPs. However, these efforts are seen as separate from the legislative actions and may not fully align with the public’s demand for immediate transparency.
Growing Public Interest
The timing of this legislation coincides with increasing public and governmental interest in UAPs, partly fueled by high-profile congressional hearings and reports from former military officers. This growing interest places additional pressure on the government to be more transparent, yet the Act’s provisions may not fully satisfy these demands.
The UAP Transparency Enhancement Act
Bill Status: Introduced
Details: The UAP Transparency Enhancement Act was introduced by U.S. Congressman Tim Burchett on May 17, 2024. This bill seeks to significantly increase public involvement in the UAP disclosure process by mandating the inclusion of independent researchers and civilian experts in the review of UAP-related records. The Act requires that all federal agencies declassify and release their UAP-related documents within 270 days, ensuring that this information is made publicly accessible. Furthermore, the bill obliges the President to submit quarterly progress reports to Congress, detailing the efforts of each federal agency in declassifying these records. The proposal underscores the demand for transparency and aims to hold the government accountable for timely and comprehensive disclosure.
The UAP Disclosure Acceleration Act
Bill Status: Proposal Stage
Details: The UAP Disclosure Acceleration Act is currently in the proposal stage and has garnered attention for its approach to addressing bureaucratic delays in the declassification process. The bill is designed to impose specific timelines for the review and release of UAP-related records, ensuring that the disclosure process does not become bogged down by administrative inertia. Additionally, the Act proposes to allocate additional resources to the UAP Records Review Board, empowering it to expedite the declassification and release of records to the public. By establishing these measures, the bill aims to improve transparency and prevent unnecessary withholding of critical UAP information from public scrutiny.
The UAP Property Rights Protection Act
Bill Status: Pending Introduction
Details: The UAP Property Rights Protection Act, though still in the proposal phase, addresses rising concerns over potential government overreach. This legislation would establish stricter guidelines for the government’s use of eminent domain, particularly concerning the seizure of UAP-related materials that may be in the possession of private entities. The bill aims to safeguard private property rights by mandating a transparent judicial review process before any such property can be seized. This would act as a critical check on governmental power, ensuring that property seizures are legally justified and not used arbitrarily. The Act responds to the delicate balance between protecting national security interests and upholding individual property rights, a significant concern among lawmakers and private entities alike.
Recent Developments and Updates
In the rapidly evolving landscape of UAP disclosure, significant developments have occurred since the passage of the Unidentified Anomalous Phenomena (UAP) Disclosure Act of 2023:
The 2024 National Defense Authorization Act (NDAA) and UAP Amendment Updates
In December 2023, President Biden signed the 2024 National Defense Authorization Act (NDAA), which incorporated crucial yet significantly revised provisions related to Unidentified Anomalous Phenomena (UAPs) that were originally proposed in the UAP Disclosure Act of 2023. Notably, the final version of the legislation excluded two key elements from the Senate’s original proposal: the power of eminent domain over recovered technologies of unknown origin and the establishment of a UAP Records Review Board. These omissions have been a point of contention, as they were central to the original intent of the legislation to ensure comprehensive transparency and accountability.
The NDAA now primarily focuses on creating a UAP Records Collection managed by the National Archives. Federal agencies are mandated to review and transfer relevant records by October 2024. However, the Act allows these agencies to postpone the public disclosure of UAP records if such release is deemed to pose a severe threat to national security, intelligence operations, or foreign relations. This clause could potentially delay the public’s access to significant UAP information for up to 25 years, perpetuating concerns that the same agencies, which have historically resisted disclosing UAP-related information, retain excessive control over what is made public.
While the final legislation does include some measures aimed at eventual transparency, including the creation of a Controlled Disclosure Campaign Plan to manage the systematic declassification of UAP records, the absence of the originally proposed Review Board with subpoena powers weakens the oversight mechanisms intended to ensure government accountability. The legislation also retains a 25-year timeline for public disclosure of UAP records, although the President can extend this period if deemed necessary for national security.
The signed updates to the UAP Disclosure Act within the NDAA reflect a disappointing compromise, making some progress toward UAP transparency but leaving critical gaps that could continue to hinder the efforts of full disclosure advocates.
Legislative Efforts to Address the Act’s Shortcomings
Despite these limitations, Congressional interest in UAP transparency remains strong. Senators Chuck Schumer and Mike Rounds, who initially pushed for the more robust provisions, have indicated their intent to reintroduce key elements, such as the eminent domain clause and an independent review board, in future legislation. These efforts suggest that while the 2024 NDAA represents a step forward, it may only be the beginning of broader UAP disclosure initiatives.
Implications for Government Contractors and Research Entities
The exclusion of the eminent domain provision from the final NDAA has been a relief for many private sector entities, particularly those involved in defense and research. However, the law still mandates that “government-funded” UAP-related records be reviewed for potential public disclosure. This could impact contractors and researchers who have worked on government projects, as they may have little say in the disclosure of sensitive information.
Final Thoughts
The UAP Disclosure Act of 2023 represents a significant milestone in the push for greater transparency regarding the government’s handling of Unidentified Anomalous Phenomena (UAP) information. By mandating the preservation and eventual disclosure of UAP-related records, the Act takes crucial steps toward public accountability and scientific advancement. However, the Act is not without its flaws. Key provisions, such as the exclusion of eminent domain over recovered technologies and the establishment of a UAP Records Review Board, were either weakened or omitted, which could undermine the Act’s overall effectiveness.
As legislative efforts continue to evolve, newly proposed amendments and legislation seek to address these gaps, offering potential improvements in areas such as public engagement, protection of property rights, and acceleration of the disclosure process. The success of these initiatives will largely depend on the diligent implementation of the current Act and the passage of more robust laws that ensure comprehensive and timely disclosure. Moving forward, close monitoring of both the enforcement of the UAP Disclosure Act of 2023 and the development of future legislative actions will be essential to achieving the goal of full transparency and public trust in this critical area.
Source List
- Barna, Stephanie, Jasmine Wang, and Moushmi Patil. “Implications of the Unidentified Anomalous Phenomena (UAP) Amendment in the 2024 National Defense Authorization Act (NDAA).” Inside Government Contracts, 9 Jan. 2024, https://www.insidegovernmentcontracts.com/2024/01/implications-of-the-unidentified-anomalous-phenomena-uap-amendment-in-the-2024-national-defense-authorization-act-ndaa/.
- Burchett, Tim. “Rep. Burchett Introduces UAP Transparency Act.” U.S. Congressman Tim Burchett, 17 May 2024, https://burchett.house.gov/media/press-releases/rep-burchett-introduces-uap-transparency-act.
- National Archives and Records Administration. “Guidance to Federal Agencies on Unidentified Anomalous Phenomena Records Collection.” National Archives, 2024, https://www.archives.gov/records-mgmt/uap-guidance.
- “Passage of a UAP Disclosure Act Is Being Threatened by a Mike Turner-Led Group in Congress.” Unknown Country, 2024, https://www.unknowncountry.com/headline-news/passage-of-a-uap-disclosure-act-is-being-threatened-by-a-mike-turner-led-group-in-congress/.
- S.Amdt.797 to S.2226–118th Congress (2023–2024). “Unidentified Anomalous Phenomena Disclosure Act of 2023.” Congress.gov, 13 July 2023, https://www.congress.gov/amendment/118th-congress/senate-amendment/797.
- “The Battle for UAP Disclosure in Washington.” The Debrief, 2024, https://thedebrief.org/the-battle-for-uap-disclosure-in-washington/.
- “UAP Disclosure Act 2.0: Representatives Rounds and Schumer Return to Push for UFO Transparency.” Unknown Country, 2024, https://www.unknowncountry.com/headline-news/uap-disclosure-act-2-0-rounds-schumer-push-ufo-transparency/.
- United States, Congress, House. H.R.2670 — National Defense Authorization Act for Fiscal Year 2024. 118th Congress, introduced in House 24 Apr. 2023. Congress.gov, www.congress.gov/bill/118th-congress/house-bill/2670. Accessed 30 August 2024.
- United States, Congress, Senate. Unidentified Anomalous Phenomena Amendment to the National Defense Authorization Act for Fiscal Year 2024. 118th Congress, introduced by Sen. Chuck Schumer, 13 July 2023. Senate Democrats, www.democrats.senate.gov/imo/media/doc/uap_amendment.pdf. Accessed 31 August 2024.
About the Author
Brian Reese is a leading VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Frustrated with the VA claim process, Brian founded VA Claims Insider to help disabled veterans win their VA disability compensation faster. He has served over 10 million military members and veterans since 2013. A former Air Force officer, Brian deployed to Afghanistan in 2011. He is a Distinguished Graduate from the U.S. Air Force Academy and holds an MBA from Oklahoma State University, where he was a National Honor Scholar.
