Introduction
There have been some recent, interesting, developments within various Committees of the U.S. Congress which have created waves of excitement within the global UAP researcher community. However, there has been quite a bit of misinformation and careless reporting, about exactly what will eventuate. Living in Australia, with a limited understanding of the U.S. Congressional system, places me at a disadvantage when it comes to a good understanding of exactly what the processes are. However, in this blog post I have tried to report accurately on what the numerous pieces of Congressional documentation which I have found, actually say. The limitations of tweets on Twitter, and brief comments on Facebook pages, about the new documentation, shows yet again that they are not a very good way of conveying the complexity of Congressional processes. U.S. researcher D. Dean Johnson has been trying very hard to educate us all on these processes, so I apologize in advance if any errors creep in. Always happy to correct them.
The Senate
S.2610 - Intelligence Authorization Act for Fiscal year 2022, was introduced by sponsor Senator Mark Warner on 4 August 2021. Warner is Chair of the Senate Select Committee on Intelligence. The Committee prepared a report, S. Report 117-37 dated 10 August 2021.
Section 345 of that report reads:
"Section 345. Support for and oversight of Unidentified Aerial Phenomena Task Force.
Section 345 directs the DNI and the Secretary of defense to require each IC element and the Department of Defense to make data relating to unidentified aerial phenomena available immediately to the Unidentified Aerial Phenomena Task Force and to the National Air and Space Intelligence Center. Section 345 further requires the Unidentified Aerial Phenomena Task Force to submit quarterly reports to Congress on its findings."
Elsewhere, in the Congressional documentation, Calendar 116, for S. 2610, we find:
"SEC. 345. SUPPORT FOR AND OVERSIGHT OF UNIDENTIFIED AERIAL PHENOMENA TASK FORCE
(a) DEFINITIONS - In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS - The term 'appropriate committees of Congress" includes
(A) The Congressional intelligence committee.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Armed Services of the House of Representatives.
(2) UNIDENTIFIED AERIAL PHENOMENA TASK FORCE - The term "Unidentified Aerial Phenomena Task Force" means the task force established by the Department of defense on August 2020, to be led by the Department of navy, under the Office of the Under Secretary of Defense for Intelligence and Security.
(b) AVAILABILITY OF DATA ON UNIDENTIFED AERIAL PHENOMENA - The Director of National Intelligence and the Secretary of Defense shall each, in coordination with each other, require each element of the intelligence community and the Department of defense with data relating to unidentified aerial phenomena to make such data available immediately to the Unidentified Aerial Phenomena Task Force and the National Air and Space Intelligence Center.
(c) QUARTERLY REPORTS TO CONGRESS -
(1) IN GENERAL - Not later than 90 days after the date of the enactment of this Act and not less frequently than quarterly thereafter, the Unidentified Aerial phenomena task Force or such other entity as the Deputy Secretary of Defense may designate to be responsible for matters relating to Unidentified Aerial Phenomena shall submit to the appropriate committees of Congress quarterly reports on the findings of the Unidentified Aerial Phenomena Task Force or such other designated entity as the case may be.
(2) CONTENTS - Each report submitted under paragraph (1) shall include, at a minimum the following:
(A) All reported unidentified aerial phenomena-related events that occurred during the previous 90 days.
(B) All reported unidentified phenomena-related events that occurred during a time period other than the previous 90 days but were not included in an earlier report.
(3) FORM - Each report submitted under paragraph (1) shall be submitted in classified form. "
The House of Representatives
House of Representatives report 117-118 , dated 10 September 2021, is a report of the Armed Services Committee, House of Representatives, on H. R. 4350, the National Defense Authorization Act for Fiscal year 2022. In section 1652 there is the following:
"Establishment of Office to Address Unidentified Aerial phenomena.
This section would establish an office within the Office of the Secretary of Defense to carry out the mission currently performed by the Unidentified Aerial Phenomena Task Force and would require an annual report."
Union Calendar No. 83 provided us with more details on section 1652.
"SEC 1652. ESTABLISHMENT OF AN OFFICE TO ADDRESS UNIDENTIFIED AERIAL PHENOMENA.
(a) Establishment - Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National intelligence, shall establish an office within the Office of the Secretary of defense to carry out, on a department wide basis, the mission currently performed by the Unidentified Aerial Phenomena Task Force as at the date of the enactment of this Act.
(b) Duties - the duties of the office established under subsection (a) shall include the following:
(1) Developing procedures to synchronize and standardize the collection, reporting and analysis of incidents regarding Unidentified Aerial phenomena across the Department of defense.
(2) Developing processes and procedures to ensure that such incidents from each military department are reported and incorporated in a centralized repository.
(3) Establishing procedures to require the timely and consistent reporting of such incidents.
(4) Evaluating links between Unidentified Aerial phenomena and adversarial foreign governments, foreign governments or non-state actors.
(5) Evaluating the threat that such incidents present to the United States.
(6) Coordinating with other departments and agencies of the Federal government as appropriate.
(7) Coordination with allies and partners the United states, as appropriate to better assess the nature and extent of Unidentified Aerial Phenomena.
(c) Annual report -
(1) Requirement - Not later than December 31, 2022 and annually thereafter, until December 31, 2026 the Secretary of Defense shall submit to the appropriate committees a report on Unidentified Aerial phenomena.
(2) Elements - each report under paragraph (1) shall include, with respect to the year covered by the report, the following information.
(A) An analysis of data and intelligence received through reports of Unidentified Aerial Phenomena.
(B) An analysis of data relating to Unidentified Aerial Phenomena collected through:
(i) geospatial intelligence.
(ii) signals intelligence.
(iii) human intelligence and
(iv) measurement and signals intelligence.
(C) The number of reported incidents of Unidentified Aerial Phenomena over restricted air space of the United States.
(D) An analysis of such incidents identified under subparagraph (c)
(E) Identification of potential aerospace or other threats posed by Unidentified Aerial phenomena to the national security of the United States.
(F) An assessment of any activity regarding Unidentified Aerial Phenomena that can be attributed to one or more adversarial foreign governments.
(G) identification of any incidents or patterns regarding Unidentified Aerial Phenomena that indicates a potential adversarial government may have achieved a breakthrough aerospace capability.
(H) An update on the coordination by the United States with allies and partners efforts to track, understand and address unidentified Aerial phenomena.
(I) An update on any efforts understanding on the ability to capture or exploit discovered Unidentified Aerial Phenomena.
(J) An assessment of any health related effects of individuals that have encountered Unidentified Aerial Phenomena.
(d) Task Force- Not later than the date which the secretary of defense established an office under subsection (a) the secretary shall terminate the Unidentified Aerial Phenomena Task Force.
(e) Definitions - in this section:
(1) The term "appropriate congressional committee" means the following:
(A) The Committee of Armed Services , the Committee on Foreign Affairs; the Permanent Select Committee on Intelligence of the House of Representatives; The Committee of the Armed Services; the Committee of Foreign relations; and the Select Committee on Intelligence of the Senate. "
What does it all mean?
In short, there are Congressional members with a serious interest in the topic of UAP, who are providing legislative framework for future work. Although the general sentiment of the Senate and House of Representatives comments are similar, there are slight different approaches in terms of what they require, and the when.
As U.S. researcher D. Dean Johnson reported in a tweet dated 12 September 2021:
"More likely than not, a single set of UAP-related requirements applicable to both military and intelligence community components will be hammered out during the months ahead."
Update: 8 October 2021
In a series of Recent Tweets, D Dean Johnson advised that there were four Congressional Committees involved, i.e.
1. House Armed Services Committee.
2. House Intelligence Committee.
3. Senate Armed Services Committee.
4. Senate Intelligence Committee.
Johnson found the following details:
1. Two subcommittees of the House Intelligence Committee, namely the Counterterrorism, Counterintelligence and Counterproliferation; and the Defense Intelligence and Warfighter Support, received a briefing on Wednesday 16 June 2021 on "Unidentified Aerial Phenomena."
2. The full House Intelligence Committee received a briefing on "Foreign adversary UAV Capabilities" on 28 June 2021.
3. The Intelligence and Special Operation sub committee of the House Armed Services Committee, received a briefing on UAP on Thursday 28 June 2021.
Update: 14 November 2021
Douglas Dean Johnson in a blog post dated 5 November 2021 reported on a proposed amendment to the Fiscal year 2022 National Defense Authorization Act. It is a lengthy proposal by Senator Kirsten Gillibrand and the details were recorded in the 4 November 2021 edition of The Congressional record.
Johnson's blog may be read here. The full text of the proposed amendment is shown below:
At the appropriate place in title XV, insert
the following:
SEC. lll. ESTABLISHMENT OF STRUCTURE
AND AUTHORITIES TO ADDRESS UNIDENTIFIED AERIAL PHENOMENA.
(a) ESTABLISHMENT OF ANOMALY SURVEILLANCE AND RESOLUTION OFFICE.—
(1) IN GENERAL.—Not later than 180 days
after the date of the enactment of this Act,
the Secretary of Defense shall, in coordination with the Director of National Intelligence, establish an office within an appropriate component of the Department of Defense, or within a joint organization of the
Department of Defense and the Office of the
Director of National Intelligence, to assume—
(A) the duties of the Unidentified Aerial
Phenomenon Task Force, as in effect on the
day before the date of the enactment of this
Act; and
(B) such other duties as are required by
this section.
(2) DESIGNATION.—The office established
under paragraph (1) shall be known as the
‘‘Anomaly Surveillance and Resolution Office’’ (in this section referred to as the ‘‘Office’’).
(3) TERMINATION OR SUBORDINATION OF
PRIOR TASK FORCE.—Upon the establishment
of the Anomaly Surveillance and Resolution
Office, the Secretary shall terminate the Unidentified Aerial Phenomenon Task Force or
subordinate it to the Office.
(b) FACILITATION OF REPORTING AND DATA
SHARING.—The Director and the Secretary
shall each, in coordination with each other,
require that—
(1) each element of the intelligence community and the Department, with any data
that may be relevant to the investigation of
unidentified aerial phenomena, make such
data available immediately to the Office;
and
(2) military and civilian personnel employed by or under contract to the Department or an element of the intelligence community shall have access to procedures by
which they shall report incidents or information, including adverse physiological effects,
involving or associated with unidentified
aerial phenomena directly to the Office.
(c) DUTIES.—The duties of the Office established under subsection (a) shall include the
following:
(1) Developing procedures to synchronize
and standardize the collection, reporting,
and analysis of incidents, including adverse
physiological effects, regarding unidentified
aerial phenomena across the Department and
intelligence community.
(2) Developing processes and procedures to
ensure that such incidents from each component of the Department and each element of
the intelligence community are reported and
incorporated in a centralized repository.
(3) Establishing procedures to require the
timely and consistent reporting of such incidents.
(4) Evaluating links between unidentified
aerial phenomena and adversarial foreign
governments, other foreign governments, or
nonstate actors.
(5) Evaluating the threat that such incidents present to the United States.
(6) Coordinating with other departments
and agencies of the Federal Government, as
appropriate, including the Federal Aviation
Administration, the National Aeronautics
and Space Administration, the Department
of Homeland Security, the National Oceanic
and Atmospheric Administration, and the
Department of Energy.
(7) Coordinating with allies and partners of
the United States, as appropriate, to better
assess the nature and extent of unidentified
aerial phenomena.
(8) Preparing reports for Congress, in both
classified and unclassified form, as required
by subsections (h) and (i).
(d) EMPLOYMENT OF LINE ORGANIZATIONS
FOR FIELD INVESTIGATIONS OF UNIDENTIFIED
AERIAL PHENOMENA.—
(1) IN GENERAL.—The Director and the Secretary shall each, in coordination with each
other, designate line organizations within
the Department of Defense and the intelligence community that possess appropriate
expertise, authorities, accesses, data, systems, platforms, and capabilities to rapidly
respond to, and conduct field investigations
of, incidents involving unidentified aerial
phenomena under the direction of the Office.
(2) PERSONNEL, EQUIPMENT, AND RESOURCES.—The Director and the Secretary
shall take such actions as may be necessary
to ensure that the designated organization
or organizations have available adequate
personnel with requisite expertise, equipment, transportation, and other resources
necessary to respond rapidly to incidents or
patterns of observations of unidentified aerial phenomena of which the Office becomes
aware.
(e) UTILIZATION OF LINE ORGANIZATIONS FOR
SCIENTIFIC, TECHNOLOGICAL, AND OPERATIONAL ANALYSES OF DATA ON UNIDENTIFIED
AERIAL PHENOMENA.—
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November 4, 2021 CONGRESSIONAL RECORD — SENATE S7815
(1) IN GENERAL.—The Director and the Secretary shall each, in coordination with each
other, designate one or more line organizations that will be primarily responsible for
scientific, technical, and operational analysis of data gathered by field investigations
conducted under subsection (d), or data from
other sources, including testing of materials,
medical studies, and development of theoretical models to better understand and explain unidentified aerial phenomena.
(2) AUTHORITY.—The Director and the Secretary shall promulgate such directives as
necessary to ensure that the designated line
organizations have authority to draw on special expertise of persons outside the Federal
Government with appropriate security clearances.
(f) INTELLIGENCE COLLECTION AND ANALYSIS
PLAN.—
(1) IN GENERAL.—The head of the Office
shall supervise the development and execution of an intelligence collection and analysis plan on behalf of the Secretary and the
Director to gain as much knowledge as possible regarding the technical and operational
characteristics, origins, and intentions of
unidentified aerial phenomena, including the
development, acquisition, deployment, and
operation of technical collection capabilities
necessary to detect, identify, and scientifically characterize unidentified aerial phenomena.
(2) USE OF RESOURCES AND CAPABILITIES.—In
developing the plan required by paragraph
(1), the head of the Office shall consider and
propose, as appropriate, the use of any resource, capability, asset, or process of the
Department and the intelligence community.
(g) SCIENCE PLAN.—The head of the Office
shall supervise the development and execution of a science plan on behalf of the Secretary and the Director to develop and test,
as practicable, scientific theories to account
for characteristics and performance of unidentified aerial phenomena that exceed the
known state of the art in science or technology, including in the areas of propulsion,
aerodynamic control, signatures, structures,
materials, sensors, countermeasures, weapons, electronics, and power generation, and
to provide the foundation for potential future investments to replicate any such advanced characteristics and performance.
(h) ASSIGNMENT OF PRIORITY.—The Director, in consultation with the Secretary, shall
assign an appropriate level of priority within
the National Intelligence Priorities Framework to the requirement to understand,
characterize, and respond to unidentified
aerial phenomena.
(i) USE OF AUTHORIZED AND APPROPRIATED
FUNDS.—The obtaining and analysis of data
relating to unidentified aerial phenomena is
a legitimate use of funds authorized and appropriated to Department and elements of
the intelligence community for—
(1) general intelligence gathering and intelligence analysis;
(2) strategic defense, space defense, defense
of controlled air space, defense of ground,
air, or naval assets, and related purposes;
and
(3) any additional existing funding sources
as may be so designated by the Secretary or
the Director.
(j) ANNUAL REPORT.—
(1) REQUIREMENT.—Not later than October
31, 2022, and annually thereafter until October 31, 2026, the Director, in consultation
with the Secretary, shall submit to the appropriate committees of Congress a report on
unidentified aerial phenomena.
(2) ELEMENTS.—Each report under paragraph (1) shall include, with respect to the
year covered by the report, the following information:
(A) An analysis of data and intelligence received through reports of unidentified aerial
phenomena.
(B) An analysis of data relating to unidentified aerial phenomena collected through—
(i) geospatial intelligence
(ii) signals intelligence;
(iii) human intelligence; and
(iv) measurement and signals intelligence.
(C) The number of reported incidents of unidentified aerial phenomena over restricted
air space of the United States.
(D) An analysis of such incidents identified
under subparagraph (C).
(E) Identification of potential aerospace or
other threats posed by unidentified aerial
phenomena to the national security of the
United States.
(F) An assessment of any activity regarding unidentified aerial phenomena that can
be attributed to one or more adversarial foreign governments.
(G) Identification of any incidents or patterns regarding unidentified aerial phenomena that indicate a potential adversarial
foreign government may have achieved a
breakthrough aerospace capability.
(H) An update on the coordination by the
United States with allies and partners on efforts to track, understand, and address unidentified aerial phenomena.
(I) An update on any efforts to capture or
exploit discovered unidentified aerial phenomena.
(J) An assessment of any health-related effects for individuals who have encountered
unidentified aerial phenomena.
(K) The number of reported incidents, and
descriptions thereof, of unidentified aerial
phenomena associated with military nuclear
assets, including strategic nuclear weapons
and nuclear-powered ships and submarines.
(L) In consultation with the Administrator
of the National Nuclear Security Administration, the number of reported incidents,
and descriptions thereof, of unidentified aerial phenomena associated with facilities or
assets associated with the production, transportation, or storage of nuclear weapons or
components thereof.
(M) In consultation with the Chairman of
the Nuclear Regulatory Commission, the
number of reported incidents, and descriptions thereof, of unidentified aerial phenomena or drones of unknown origin associated with nuclear power generating stations,
nuclear fuel storage sites, or other sites or
facilities regulated by the Nuclear Regulatory Commission.
(N) The names of the line organizations
that have been designated to perform the
specific functions imposed by subsections (d)
and (e) of this section, and the specific functions for which each such line organization
has been assigned primary responsibility.
(3) FORM.— Each report submitted under
paragraph (1) shall be submitted in unclassified form, but may include a classified
annex.
(k) SEMIANNUAL BRIEFINGS.—
(1) IN GENERAL.—Not later than 90 days
after the date of the enactment of this Act
and not less frequently than semiannually
thereafter until December 31, 2026, the head
of the Office shall provide the classified
briefings on unidentified aerial phenomena
to—
(A) the Committee on Armed Services and
the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Armed Services and
the Permanent Select Committee on Intelligence of the House of Representatives.
(2) FIRST BRIEFING.—The first briefing provided under paragraph (1) shall include all
incidents involving unidentified aerial phenomena that were reported to the Unidentified Aerial Phenomena Task Force or to the
Office after June 24, 2021, regardless of the
date of occurrence of the incident.
(3) SUBSEQUENT BRIEFINGS.—Each briefing
provided subsequent to the first briefing described in paragraph (2) shall include, at a
minimum, all events relating to unidentified
aerial phenomena that occurred during the
previous 180 days, and events relating to unidentified aerial phenomena that were not
included in an earlier briefing due to delay
in an incident reaching the reporting system
or other such factors.
(4) INSTANCES IN WHICH DATA WAS NOT
SHARED.—For each briefing period, the Chairman and Vice Chairman or Ranking Member
of the Committee on Armed Services and the
Select Committee on Intelligence of the Senate and the Committee on Armed Services
and the Permanent Select Committee on Intelligence of the House of Representatives
shall receive an enumeration of any instances in which data related to unidentified
aerial phenomena was denied to the Office
because of classification restrictions on that
data or for any other reason.
(l) AERIAL AND TRANSMEDIUM PHENOMENA
ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—(A) Not later than October 1, 2022, the Secretary and the Director
shall establish an advisory committee for
the purpose of—
(i) advising the Office in the execution of
the duties of the Office as provided by this
subsection; and
(ii) advising the Director regarding the
gathering and analysis of data, and scientific
research and development pertaining to unidentified aerial phenomena.
(B) The advisory committee established
under subparagraph (A) shall be known as
the ‘‘Aerial and Transmedium Phenomena
Advisory Committee’’ (in this subparagraph
the ‘‘Committee’’).
(2) MEMBERSHIP.—(A) Subject to subparagraph (B), the Committee shall be composed
of the following:
(i) 20 members as follows:
(I) Three persons appointed by the Administrator of the National Astronautics and
Space Administration.
(II) Two persons appointed by the Administrator of the Federal Aviation Administration.
(III) Two persons appointed by the President of the National Academies of Sciences.
(IV) Two persons appointed by the President of the National Academy of Engineering.
(V) One person appointed by the President
of the National Academy of Medicine.
(VI) Three persons appointed by the Director of the Galileo Project at Harvard University.
(VII) Two persons appointed by the Board
of Directors of the Scientific Coalition for
Unidentified Aerospace Phenomena Studies.
(VIII) Two persons appointed by the President of the American Institute of Astronautics and Aeronautics.
(IX) Two persons appointed by the Director
of the Optical Technology Center at Montana State University.
(X) One person appointed by the president
of the American Society for Photogrammetry and Remote Sensing.
(ii) Up to five additional members, as the
Secretary and the Director jointly consider
appropriate, selected from among individuals
with requisite expertise, at least 3 of whom
shall not be employees of any Federal Government agency or Federal Government contractor.
(B) No individual may be appointed to the
Committee under subparagraph (A) unless
the Secretary and the Directly jointly determine that the individual—
(i) qualifies for a security clearance at the
secret level or higher;
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S7816 CONGRESSIONAL RECORD — SENATE November 4, 2021
(ii) possesses scientific, medical, or technical expertise pertinent to some aspect of
the investigation and analysis of unidentified aerial phenomena; and
(iii) has previously conducted research or
writing that demonstrates scientific, technological, or operational knowledge regarding
aspects of the subject matter, including propulsion, aerodynamic control, signatures,
structures, materials, sensors, countermeasures, weapons, electronics, power generation, field investigations, forensic examination of particular cases, analysis of open
source and classified information regarding
domestic and foreign research and commentary, and historical information pertaining to unidentified aerial phenomena.
(C) The Secretary and Director may terminate the membership of any individual on
the Committee upon a finding by the Secretary and the Director jointly that the
member no longer meets the criteria specified in this subsection.
(3) CHAIRPERSON.—The Secretary and Director shall jointly designate a temporary
Chairperson of the Committee, but at the
earliest practicable date the Committee
shall elect a Chairperson from among its
members, who will serve a term of 2 years,
and is eligible for re-election.
(4) EXPERT ASSISTANCE, ADVICE, AND RECOMMENDATIONS.—(A) The Committee may,
upon invitation of the head of the Office,
provide expert assistance or advice to any
line organization designated to carry out
field investigations or data analysis as authorized by subsections (d) and (e).
(B) The Committee, on its own initiative,
or at the request of the Director, the Secretary, or the head of the Office, may provide
advice and recommendations regarding best
practices with respect to the gathering and
analysis of data on unidentified aerial phenomena in general, or commentary regarding
specific incidents, cases, or classes of unidentified aerial phenomena.
(5) REPORT.—Not later than December 31,
2022, and not later than December 31 of each
year thereafter, the Committee shall submit
a report summarizing its activities and recommendations to the following:
(A) The Director.
(B) The Secretary.
(C) The head of the Office.
(D) The Committee on Armed Services and
the Select Committee on Intelligence of the
Senate.
(E) The Committee on Armed Services and
the Permanent Select Committee on Intelligence of the House of Representatives.
(6) RELATION TO FACA.—For purposes of the
Federal Advisory Committee Act (5 U.S.C.
App.), the Committee shall be considered an
advisory committee (as defined in section 3
of such Act, except as otherwise provided in
the section or as jointly deemed warranted
by the Secretary and the Director under section 4(b)(3) of such Act.
(7) TERMINATION OF COMMITTEE.—The Committee shall terminate on the date that is
six years after the date of the establishment
of the Committee.
(m) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of
Congress’’ means—
(A) the Committee on Armed Services, the
Select Committee on Intelligence, and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services, the
Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives.
(2) The term ‘‘intelligence community’’
has the meaning given such term in section
3 of the National Security Act of 1947 (50
U.S.C. 3003).
(3) The term ‘‘transmedium objects or devices’’ means objects or devices that are observed to transition between space and the
atmosphere, or between the atmosphere and
bodies of water, that are not immediately
identifiable.
(4) The term ‘‘unidentified aerial phenomena’’ means—
(A) airborne objects that are not immediately identifiable;
(B) transmedium objects or devices; and
(C) submerged objects or devices that are
not immediately identifiable and that display behavior or performance characteristics
suggesting that they may be related to the
subjects described in subparagraph (A) or
(B).
SA 4282. Mr. MENENDEZ s
Update: 8 December 2021
In a lengthy blog post dated 7 December 2021, US researcher Douglas Dean Johnson reports on the latest development in Congress re the establishment of a Congress mandated UAP office.
