UAP Disclosure Act

Overview

The Unidentified Anomalous Phenomena Disclosure Act of 2023 was proposed legislation sponsored by Senate Majority Leader Chuck Schumer (D-NY) and Senator Mike Rounds (R-SD). Closely modeled on the President John F. Kennedy Assassination Records Collection Act of 1992, it aimed to mandate government-wide disclosure of UAP-related records.

While the original proposal contained sweeping provisions including eminent domain authority and an independent review board, the final version enacted as part of the FY2024 National Defense Authorization Act was significantly reduced.

Original Proposal (Senate Amendment)

The Senate's version of the UAP Disclosure Act (Division G, Sections 9001-9015) would have established:

Key Provisions

  • UAP Records Collection: A government-wide collection under the National Archives of all UAP-related records
  • Mandatory Declassification: A mandate to declassify and publicly release UAP records
  • Independent Review Board: A panel of "qualified and impartial citizens" nominated by the President and confirmed by the Senate, with authority to review and approve or postpone public release of records
  • Eminent Domain: Authority for the federal government to exercise eminent domain over "any and all recovered UAP physical and biological material" held by private persons or entities
  • Controlled Disclosure Campaign: A structured plan for releasing records whose disclosure had been postponed, with the President retaining ultimate authority

What Was Enacted

Public Law 118-31 (signed December 22, 2023) included only a subset of the original proposal in Sections 1841-1843:

Enacted Provisions

  • UAP Records Collection: Requirement for NARA to establish a government-wide UAP Records Collection
  • Records Identification: Requirement for government agencies to identify, review, and organize UAP records for potential disclosure
  • Transfer to NARA: Agencies must transfer UAP records to the National Archives
  • Disclosure Review: Review process with authorized grounds for postponing public disclosure

Removed Provisions

The following elements from the original Senate amendment were not included in the final law:

  • Independent Review Board
  • Review Board staff under an Executive Director
  • Eminent domain authority over private UAP material
  • Controlled disclosure process

Implementation Timeline

DateMilestone
December 22, 2023FY2024 NDAA signed into law
February 23, 2024Deadline for NARA to establish UAP Records Collection
October 20, 2024Deadline for agencies to identify and review UAP records
September 30, 2025Deadline for agencies to transfer publicly releasable records to NARA

NARA UAP Records Collection

The National Archives established Record Group 615: Unidentified Anomalous Phenomena Records Collection. The collection consists of:

"Copies of all Government, Government-provided, or Government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence."

Record Categories

Agencies must categorize UAP records as:

  1. Publicly Releasable: Can be disclosed without redaction
  2. Restricted in Part: Can be disclosed with redactions (both redacted and full versions transferred to NARA)
  3. Postponed: Must remain restricted in full, with required Congressional notification

Accessing Records

Publicly releasable UAP records are being made available:

  • Online through the National Archives Catalog
  • Through an integrated online finding aid
  • On a rolling basis as agencies transfer materials

Grounds for Postponement

The law allows agencies to postpone disclosure based on:

  • National security concerns
  • Privacy considerations
  • Protection of intelligence sources and methods
  • Other criteria specified in Section 1843

Definition of UAP Records

Under the enacted law, UAP records include documents relating to:

  • Unidentified anomalous phenomena
  • Technologies of unknown origin
  • Non-human intelligence

The definition specifically excludes "temporarily non-attributed objects" — items briefly unidentified but quickly resolved to mundane explanations.

Subsequent Legislative Efforts

Following the reduced FY2024 provisions, legislators have proposed additional UAP disclosure legislation. These efforts aim to restore some provisions removed from the original 2023 proposal, though none had been enacted as of mid-2026.

Significance

The UAP provisions represent:

  • The first statutory requirement for government-wide UAP records collection and disclosure review
  • Congressional acknowledgment of UAP as a legitimate subject of government records
  • A framework for systematic public access to UAP-related government documents
  • A potential template for future, more comprehensive disclosure legislation

Criticism and Debate

The final law drew criticism from transparency advocates who viewed the removal of the Review Board and eminent domain provisions as significantly weakening the legislation. Supporters of the original Schumer-Rounds amendment argued these provisions were essential for meaningful disclosure.

Defenders of the enacted version noted it still established an important legal framework and precedent for UAP records management, even in reduced form.