I noticed in the version of the UAPDA which WAS included in the NDAA that ALL records created outside the govt will have to be disclosed without redactions or postponement. Let me show you:

In section 1842 which talks about transmission to the national archives and public disclosure by government offices:

(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.

Ok so what requirements are listed in section 1843? Here they are:

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 (emphasis mine, this is important!!!)

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 section 552a of title 5, United States Code (referred to as 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.

I also looked at the privacy act of 1974 to make sure it didn’t include exceptions for records created by private business or anything similar that might be grounds for postponement, and to my delight it doesn’t.

So my conclusion is it seems to me like any record that was originally created by a private entity outside the federal government that the government has a copy of will have to be disclosed in full without redactions or postponement.

Am I correct about this interpretation? Is there a lawyer in the house?

If Lockheed for example created a record of something that it had or worked on or discovered and then provided a copy of that record to the government…. That would have to be disclosed?

The only problem I see here is I don’t know if when Lockheed does that, when they hand the record over to the government is it THEN classified? Or is it not classified by a government agency because it’s private sector?