Given the UAP Act is so hotly in focus right now and looks set to be debated in terms of wording and provisions, I think it is important to understand what the sections of this legislation actually mean.

I posted this before but given its very much in the limelight and I appreciate not everybody enjoys reading legislation as I might, I decided to make this post.

This post presumes the Act was signed into law on 27/12/2023 as this was the date last year to give an idea of what timescales will look like.

The language of this legislation should provide anyone some semblance of proof of what the Congress either knows, or suspects in my view from classified debrief and what it expects to find when this thing gets going.

You may want to temper expectations however, as this amendment describes that absolute and full disclosure of everything they find is expected to be completed by 2030, but heartening is the fact they are pumping $20 million dollars in authorised funding for this fiscal year alone, with the President having the ability to utilise reserves if that funding is not in place immediately.

This funding is however a drop in the bucket and so the funding element I imagine would be difficult to argue a waste of taxpayer dollars.

What I think is important though is for the public to know what it looked like in first draft and be in a position to review what is actually signed into law later

I have tried to take the jargon out and simplify this as much as possible:

Firstly, it describes that all data pertaining to UAP (including bodies, craft, basically a description that encapsulates all form of matter or information you can think of) needs to come out of wherever it may be held, preserved and centralised in the Federal Government – with the presumption of immediate disclosure on all such material, across all legal entities etc that exist.

These provisions ultimately serve for all such material to be disclosed to the public in time.

The legislation recognises not all material may have been made available for Congressional oversight through exemptions used in the Atomic Energy Act and somewhat broad interpretations of what constitutes “transclassified foreign nuclear information”; (Grusch states this) both being utilised for the loophole that exempts such materials from mandatory declassification.

It acknowledges that FOIA has proven inadequate in relation to release of data regarding UAP. It also acknowledges that elected officials both in the executive and legislative branches of Federal Government have been “lacking” in bringing to light evidence of UAP.

This one caught my eye as odd, the next part states it is essential that this information be released to allow scientific and technological research, in order and I quote, “essential to avoiding or mitigating potential technological surprise in furtherance of urgent national security concerns and the public interest“. My speculation – is there expected ‘technicological surprise’?

It then establishes that ALL material relating to UAP shall be, when centralised, turned into what they call “the unidentified anomalous phenomena Records Collection”, to be held at the National Archives and Records Administration, and to do so expeditiously.

Next are definitions, which generally I won’t go into too much detail on but some are quite fun to see spelt out in a legal context.

“Close Observer” means anyone who has come into close proximity of UAP or NHI.

“Collection” means the UAP Records Collection referenced above.

Here’s the kicker:

“Controlled Disclosure Campaign Plan”. I won’t go into it here, but later as this part is super interesting. Don’t worry, the legislation states ALL information must become public knowledge in time. Just know it has been defined for now.

“Legacy Program”. Direct acknowledgment of the program? This is a summary of any and all entities involved in UAP, NHI etc that predates this Act.

As an aside, I won’t cover each definition if its obvious.

“Non-Human Intelligence” means any sentient intelligence that is non-human, regardless of nature or origin and which is presumed responsible for the UAP phenomenon.

“Originating Body” basically means any and all aspects of government that created a record of UAP.

This one is interesting. “Prosaic Attribution”. This to my interpretation means basically, the science as we understand it as of the date of this legislation.

“Record” basically means any and all imaginable form of material, from email to target acquisition sensor data. You get it.

“Review Board” means the board of people being set up for this – I will touch on this later down in the legislation when its function etc. is described. Again just know this exists.

“Technologies of Unknown Origin” means every possible material you can possibly imagine associated with UAP that lacks ‘prosaic attribution’ – i.e. what we understand.

“Temporarily Non-Attributed Objects” is basically a definition that captures anything that we are incapable of defining yet, because we don’t even have a name for it yet, thus it ‘resists prosaic attribution’.

“Third Agency”, this one is weird. This is any agency that originated a UAP record that is in the possession of another government agency. My interpretation is you can’t hide it if the CIA made the record and then passed it to NRO and vice versa.

“Unidentified Anomalous Phenomena”. This definition basically describes UAP as we know them to be. Interesting though that they decided to ensure “flying discs; flying saucers; UAP; UFOs and USOs” are all included in this.

“Unidentified Anomalous Phenomena Record”. This just describes that absolutely anything, relating to UAP, NHI, any tech we’ve reverse engineered (you get the idea) in the possession of anyone and it goes from (a)-(x) in defining who ‘anyone’ is. You get the idea that no-one can hide from this is the purpose.

The next provision sets out how they seek to establish the UAP Records Collection at the National Archives. Cliff notes:

Not later than 60 days (25/02/2024)* after this passing, the Archivist shall commence with gathering absolutely everything relating to NHI and UAP from everyone as defined above.)

The Archivist (cool title btw) will ensure everything remains safe, backed up, you get the idea. They will also prepare a ‘guidebook and index’ to ‘the Collection’.

It DOES define that disclosure of certain material may be postponed.

All the information must be unredacted. The Archivist will also provide a ‘identification aids’ to help describe the Record in the Collection.

Fee provisions, nothing to see there. Next up, disclosure provisions.

It states the entire Collection will be made available to the public. With three exceptions, any items deemed to be “protected”, “yet-to-be disclosed” or any “classified” portions of it. Further provisions to ensure this stuff says safe is in there, with the Collection being overseen by the Senate and House of Representatives.

Next up are provisions for Identification, Organisation and Preparation for Transmission.

The next provision basically states, as soon as practicable after it passes (say 27/12/23)* each Head of Government and Private person / entity that made a Record is required to gather up everything they have, unredact it and in no way mess with the documents they have.

They cannot release the information gathered unless the Review Board requires it, it is being used for an administrative hearing or Review Board Function, or it is a third agency document. Basically it’s ours and you can’t tell anyone unless we say so.

Thereafter, not later than, ugh 300 days (22/10/24)* of this being passed (say 27/12/23)* all entities will review what they have and designate 1. what is suitable for immediate disclosure, 2. what needs to be seen by the Review Board and 3. what needs to be sent to the Archivist. (Again, dates presume passing date)

Anyone holding anything must parse out what is UAP records; determine if it exists in the public domain but in redacted format; determine what is ‘third agency’ documents and transmit them or copies to them; determine if the Record requires ‘postponement’; specify which and why on the ‘identification aid’ the applicable postponement if so; divulge anything the Review Board wants; and ultimately, give precedence of work towards things the public has never seen.

Interesting little tid bit. “Priority of Expedited Review” – The Director of each archival depository shall be required to disclose any UAP records to the public or Review Board. Maybe we’ll see some things held in the past soon.

This one is interesting, not later than 45 days (10/02/24)* after passing, the Archivist will make available basically a tag for each type of information it holds and make it uniform across all entities that hold information. Maybe like EM01 for email 1 etc. (Note: only if passed 27/12/23)

The Heads of Government and private entities then have to print a physical copy of every document they have, with these Archivist agreed identification tags together with providing a digital copy to the Review Board and the Archivist.

There is then a requirement after this potentially up to 300 day wait to disclose anything deemed suitable for the public from everywhere, without redaction etc. Maybe 10 October 2024* will be an interesting day? (If passed on 27/12/23)

All other information must then be sent to the Review Board and all entities have to hold onto their info, until the Archive is properly protected (backed up, etc.)

The next part is about continual review of the documentation that hasn’t been disclosed – and this is where the Controlled Disclosure Campaign Plan kicks in!

The public must be regularly updated and the reason for postponement must be described in an unclassified document.

The purpose of the review is to essentially declassify and drip feed the information out slowly so as to eventually ensure the Collection becomes publicly available and cannot take longer than 25 years after the date of creation of that particular Record or evidence, unless the President vetos it with cause for real and identifiable harm.

The next section boiled down essentially means, the only way a Record can be kept from the public is if; 1. it is a threat to military defence / operations that outweighs public interest; 2. it would expose an intelligence agent; 3. it exposes secret tradecraft; 4. would expose a whistle blower; 5. would be a huge invasion of privacy that outweighs public interest; 6. it would expose US and foreign government secrets so harmful that it outweighs public interest.

Next up, the “Unidentified Anomalous Phenomena Records Review Board” and how it gets established and who it is made up of.

9 Citizens of the US, selected by the President with the Senate’s advice and nominations coming from high ranking members, even The UAP Disclosure Foundation, National Academy of Sciences etc, will be selected to work with the Archivist in reviewing every Record that exists. Sol Foundation being made is curious 🤔

This Review Board cannot just be anybody, first they have to be nominated through the institutions and the high ranking members, next they must have had no involvement in legacy programs at all and be distinguished persons in their respective fields.

Interestingly, of the 9 Board members, 1 must be a current or former national security official (Grusch?); 1 current or former foreign service official; 1 scientist or engineer; 1 economist; 1 professional historian and 1 sociologist. It seems they want to try and cover the scope of public opinion here.

All must be eligible for security clearance, can be employed prior to receiving it but not see anything and when at least 3 have been selected, The Committee on Homeland Security and Governmental Affairs of the State will hold a ‘confirmation hearing’ to see if they are suitable to be appointed to the Review Board within 30 days of there being 3. Voting on the nominations must occur within 14 days of said hearing.

Thereafter provisions to fill the Board remain the same and removal of the Board provisions are set out, similar in nature to an employment law capacity for getting booted off or if they can’t get security clearance. They can apply for judicial review of the notice of being kicked off the Board.

Board members, aside from the Executive Director, will be paid $183,500 and get all their travel expenses but on a daily rate as opposed to the yearly rate. Executive Director will get $212,100.

As an aside, this amounts to about $~1.7m, leaving about $18.3m in the pot for the function of the Review Board, presuming salaries are taken from it.

Essentially, the job and purpose of the Review Board is to determine what can be released, when, what is what and have pretty broad powers to compel anyone holding information relating to anything ancillary to disclose it. They can hold hearings, investigate, hold offices to account in writing if they have destroyed something, receive information from the public, administer oaths and have subpoena powers.

In addition, the Review Board has witness immunity powers, meaning whistleblowers, witnesses and close observers can approach them without fear of reproach, i.e. the same protections as David Grusch.

The Review Board will be overseen by committees from the Senate and House of Representatives who will have access to all documents they have.

They will be provided administrative support and its purpose is to wind down by 30 September 2030, hence my previous allusion. At which point, the Disclosure Campaign would have ceased and all information that can be, will be in the public sphere and other records given to the Archivist. This can be extended by Congress however.

The Review Board must give reports to the President about everything they are doing, down to the penny.

The Executive Director must be 1 US citizen and is 1; a distinguished professional; 2. is not a present employee of US Gov; and 3. has had no interaction with legacy programs or any involvement whatsoever. Again, they require security clearance.

The Exec will brief Congress, the Executive Office and the President; serve as Chairperson; be responsible for all the admin relating to records and activities; have a tie-breaker vote; and retain a right of appeal to the President for decisions they don’t agree with. Very important role.

They too have the same removal employment law. In addition, the Review Board itself can employ its own staff to help with the review of the Records. They too must be distinguished in all manners anyone else on the Board must be, but without the Hearing.

Interestingly, the US is placing one security classification personnel permanently for the use of the Review Board to get temporary and normal staff clearance quicker, who can be employed temporarily pending classification.

The Review Board can even put together Advisory Committees, subject again, to clearance hence the permanent employee.

Once established, the Review Board must, within 90 days, publish a schedule in the Federal Register for review of ALL UAP records.

Not later than 180 days after that date, the Review Board must review all the Records gathered and then periodically but not less than twice a year, the Review Board must publish a revised schedule addressing all the evidence and any further evidence found.

Thereafter, it must send all the Records it can to the Collection for public view, unless certain criteria are met, namely 1. it isn’t evidence of a UAP or 2. such evidence requires postponement and must be delayed (remember, with a non classified reason given).

In order to approve postponement, the Review Board must instead provide 1. parts, 2. substitutes or 3. summaries of the evidence. It is insufficient for the purposes of this to just state the document is classified, now parts which can be released must be, alternatively at least a description for why they cannot must be provided to the public.

Onto the Disclosure Campaign…

The Review Board must during this time, deliver to the President and the Archivist a ‘Controlled Disclosure Campaign Plan’, this being a plan to release all the documentation that is postponed, or has been split up into the 3 categories outlined above.

The Appendix for this plan will be classified and must contain, a description of actions by everyone involved, including the Review Board, President, etc; a “bench-mark driven plan” with recommendations on trigger points for the release of the Records held away from the public.

The Review Board’s purpose is essentially to investigate and likely release information to the public in what I can only assume is a trickle so as not to cause the feared ‘widespread panic’.

Any decisions such as declassification etc will be copied to the Federal Register within 14 days of such a decision. Again, any decision to keep things ‘as is’ requires an explanation.

However, the President does retain authority and an ability to both force a document to be disclosed or remain postponed, however the President must within 30 days of that provide written reasons for this decision.

Should the President raise this challenge to keep something postponed however, that piece of evidence remains part of the Disclosure Campaign for eventual release to the public. In addition, anything unclassified relating to the Presidents decision will be published also, with the Review Board having the opportunity to update the Campaign to address any concerns.

The above reporting, whether from the Review Board; Senate; President; House of Representatives etc. must be reported on every 30 days as to why it is not being disclosed. This includes information of description of subject, originating agency, length or other physical description and include each ground for postponement. Much more transparency than currently exists.

The Review Board must issue an annual report to all it is answerable to, across the President and select members of the Senate, House of Representatives, the Archivist and head of any government agency they interact with, until the Review Board terminates itself following full disclosure.

This Report must include financials; progress made on the review and disclosure; estimates on time and volume of UAP information; any problems, such as interfering agencies; a record of activities undertaken and suggestions to Congress should they require additional legislation to assist them.

Again, the Report must justify each and every action taken and the plan itself must have justified steps and trigger points as to why certain information is being withheld.

Just a slight addition, the Review Board must give 90 days notice before it can terminate itself. Interestingly, they must also brief AARO (or its successor) on all activities undertaken. Sure seems like it’s role is different to AARO, hey Mikes?

Here is the famous legislative wording. This next section is the “Exercise of Eminent Domain” – i.e. all your UAP, NHI, biologics etc etc are belong to us, even private persons.

As a secondary provision, whatever is captured by the US Government becomes immediately available to the Review Board to determine if it is UAP/NHI related and if so, how can that material be considered and disclosed to the public.

The next provision states that anyone associated with the legacy program, any close observer etc. will and must be made available to the Review Board, together with seeking whistle blower testimony.

In case they didn’t have enough places to look, the Review Board may too petition any court in the US for any UAP related material held under the seal of court; or any information held under injunction of the secretary of grand jury – granting entitlement through “particularised need” and Congress wants the Attorney General to help the Review Board should they need this.

Thereafter, the legislation states the Secretary of State should contact any foreign government for UAP non-human material together with all the heads of the Executive being required to operate in full with the Review Board.

This document begins to end but it states it takes precedence over any other law, except relating to confidential tax returns, judicial decision and gifts and donations of records to the US Government and the usual stuff. Strange tax found its way in here but maybe that’s common.

The final provisions of the act relate to the fact the Review Board is to find, declassify, release all UAP related information until it makes itself useless by ensuring all Records end up in the Collection.

It is the Archivist who must certify to Congress and the President that all relevant UAP data has been disclosed to the public for the Act to cease effect. After that, AARO or its successor has the responsibility to continue with its reporting requirements given in the prior year’s NDAA, to be “consistent with the requirement and intent of the Controlled Disclosure Campaign Plan” relating to UAP.

Hope this clarifies some of the wording and meaning of the text. Remember though, this summary is very much my interpretation and the law is an argument of perspective, however some of the language of this is wild that it is in black and white and in my opinion, leaves little wiggle room for the intent.

All we do know is, many of the actions required in this legislation began a countdown from the moment it was passed, let’s wait and see…

TLDR for the lazy

TLDR

The Act closes the loophole used and found in the Atomic Energy Act to keep things classified by describing UAP as “transclassified foreign nuclear information”.

The Act acknowledges FOIA has been “lacking”.

The Act states UAP docs must be released to mitigate “technological surprise in furtherance of urgent national security concerns and the public interest”.

All the UAP info will be consolidated and placed into a UAP “Records Collection” viewable by the public.

The Act has definitions for “Controlled Disclosure Campaign Plan” and a “Third Agency” which is a government body, made by a government body?

By 25 February 24*, the Archivist shall commence gathering all UAP documents. (Or 60 days following it become law)

The Act allows for certain UAP information to be ‘postponed’ but all must be unredacted.

All UAP docs will be disclosed, unless designated “protected”, “yet-to-be disclosed” or “classified”. Disclosed either way is the intent however as declassification is the goal of the Act.

Following it passing on 27 December 2023*, all Heads of Government and private organisations are ordered to gather up everything they have. (This is presumed)

By 22 October 2024* all relevant entities and persons with UAP/NHI material are expected to have it gathered and decide 1. what can be released immediately; 2. what needs to be seen by the Review Board set up; and 3. what needs to be sent to the Archivist. (Or 180 days when law)

Each piece of information will have an attached “identification aid” which will be uniform for the register, made by the Archivist no later than 10 September 23*. (Or 45 days if not law)

If UAP/NHI evidence is not released, an explanatory and unclassified document explaining why must be given to the public.

Any evidence older than 25 years must be released unless the President vetos it.

9 Citizens of the US, selected by the President and appointed by Hearing, will make up the Review Board for all evidence.

Of the 9, 1 will be the Executive Director, 1 must be current or former national security official, 1 must be current or former foreign security official, 1 must be a scientist or engineer, 1 must be a professional historian, 1 must be an economist and 1 must be a sociologist.

Board members will be paid $183,500, the Executive Director $212,100.

After pay ($~1.7m) of the Board, the Act provides funding of $20m total, leaving $~18.3 in the pot.

The Review Board’s job is to disseminate all information, but create a Disclosure Campaign with a plan on how to do it.

The Review Board has crazy powers, such as sub-poena, witness protective powers, ability to search under Court Seal and Grand Jury, etc and will be assisted by the Attorney General.

The Review Board can employ its own staff and even make committees. The Act provides that the Review Board has permanent access to an employee to assist getting security clearances.

The Review Board is expected to end on 30 September 30*, but could go for longer. (This date is correct as enshrined in the Act)

Any withheld UAP/NHI evidence will contain a description of subject, which agency had it, length and more and if there are grounds to withhold from the public, the reason has to be given.

Within 90 days of the Review Board becoming active, they must publish a schedule of ALL the UAP/NHI evidence they hold in the Federal Register.

The Act states the Secretary of State must reach out to foreign officials (it seems this has already happened).

The purpose of the Review Board is to make itself defunct by declassifying and releasing all information relating to UAP/NHI.