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.— VerDate Sep 11 2014 06:03 Nov 05, 2021 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A04NO6.008 S04NOPT1 ctelli on DSK11ZRN23PROD with SENATE --- 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; VerDate Sep 11 2014 06:03 Nov 05, 2021 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A04NO6.008 S04NOPT1 ctelli on DSK11ZRN23PROD with SENATE 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.
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