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FY2024 NDAA joint explanatory statement: UAP conference compromise

House–Senate conference committee · 2023-12

FY2024 NDAA joint explanatory statement: UAP conference compromise · 718 pages · PDF 7.9 MB

US Congress committee document (Senate Armed Services). Public domain; hosted here so it can be read and searched. Original source ↗

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Page 270

conferees direct the Secretary of Defense to provide a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than March 1, 2024, on: (1) The
status of the implementation of the GAO's recommendation; and
(2) The feasibility of designating a single entity within each
of the Armed Forces to oversee the implementation of predictive
maintenance procedures.
Declassification of certain reports of unidentified aerial
phenomena

The House bill contained an amendment (sec. 1090) that
would require the Secretary of Defense to declassify any
Department of Defense documents and other Department of Defense
records relating to publicly known sightings of unidentified
aerial phenomena that do not reveal sources, methods, or
otherwise compromise the national security of the United States
not later than 180 days after enactment of this Act.

The Senate amendment contained no similar provision.

The House recedes.
Briefing on Air National Guard active associations

The Senate amendment contained a provision (sec. 1090)
that would require the Secretary of the Air Force to provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives on the effects of making all Air
National Guard KC-135 units active associations.

The House bill contained no similar provision.

The Senate recedes.

The conferees agree that the Secretary of the Air Force
should investigate the potential increase in air refueling
capacity and cost savings, including manpower, to be achieved if
the Air Force were to change all Air National Guard KC–135 stand
alone units into active association units. The Secretary should
provide briefings to the congressional defense committees, not
later than February 1, 2024, on the results of that
investigation.
Informing Consumers about Smart Devices Act

The Senate amendment contained a provision (sec. 1090A)
that would require disclosure of a camera or recording
capability in certain internet-connected devices.

The House bill contained no similar provision.

The Senate recedes.

Page 405

involving unidentified anomalous phenomena that has not been
briefed to the appropriate committees of Congress, congressional
leadership, and the Director of the All-domain Anomaly
Resolution Office.

The House bill contained no similar provision.

The House recedes with an amendment that would: (1) Remove
the direction to provide information to the All-domain Anomaly
Resolution Office; and (2) Summarize the prohibition on spending
for any unreported activities involving unidentified anomalous
phenomena (UAP) protected under any form of special access or
restricted access limitations.

The conferees agree that this prohibition on spending on
unreported UAP programs could cover:


(1) Recruiting, employing, training, equipping, and
operations of, and providing security for, Government or
contractor personnel with a primary, secondary, or contingency
mission of capturing, recovering, and securing unidentified
anomalous phenomena craft or pieces and components of such
craft;


(2) Analyzing such craft, or pieces or components
thereof, including for the purpose of determining properties,
material composition, method of manufacture, origin,
characteristics, usage and application, performance, operational
modalities, or reverse engineering of such craft or component
technology;


(3) Managing and providing security for protecting
activities and information relating to unidentified anomalous
phenomena from disclosure or compromise;


(4) Actions relating to reverse engineering or
replicating unidentified anomalous phenomena technology or
performance based on analysis of materials or sensor and
observational information associated with unidentified anomalous
phenomena;


(5) The development of propulsion technology, or
aerospace craft that uses propulsion technology, systems, or
subsystems that is based on or derived from or inspired by
inspection, analysis, or reverse engineering of recovered
unidentified anomalous phenomena craft or materials; and


(6) Any aerospace craft that uses propulsion
technology other than chemical propellants, solar power, and
electric ion thrust.
Sec. 1688 - Indo-Pacific missile strategy

The House bill contained a provision (sec. 1688) that
would require the Secretary of Defense to submit to the

Page 428

industrial base, we believe it is important for the Department
to provide clear, timely implementation guidance, no later than
the October 1, 2024 deadline, when signing any such contracts
will be banned. Additionally, the conferees direct the Secretary
of Defense to provide to the congressional defense committees a
briefing, not later than 90 days after the enactment of this
Act. That briefing should include the results of an evaluation
of the impact that continued use of prohibited drones for non-
defense applications by defense contractors may have on the
security of the Department and its contractors.
SUBTITLE C—UNIDENTIFIED ANOMALOUS PHENOMENA
Secs. 1841 - 1843 - Unidentified Anomalous Phenomena

The Senate amendment contained a set of provisions
(sections 9001 - 9015) under Division G that constituted the
Unidentified Anomalous Phenomena Disclosure Act of 2023. Closely
modeled on the President John F. Kennedy Assassination Records
Collection Act of 1992, this Act would establish under the
National Archives a government-wide collection of Unidentified
Anomalous Phenomena (UAP) records and a mandate to declassify
and publicly release these records; grounds for postponement of
disclosure; a government-wide records Review Board, composed of
qualified and impartial citizens nominated by the President and
confirmed by the Senate, with the authority to review and
approve, or postpone, the public release of records; a process
and structure for supporting the Review Board with competent
staff under an Executive Director; a requirement for the Review
Board to develop a Controlled Disclosure Campaign plan for
records the release of which have been postponed, wherein the
President retains ultimate authority over the disclosure of
records; and a mandate that the Federal Government exercise
eminent domain over any and all recovered UAP physical and
biological material that may be held by private persons or
entities.

The House bill contained no similar provisions.

The House recedes with an amendment.

The conference agreement includes only the requirements to
establish a government-wide UAP records collection; to transfer
records to the collection; and to review the records for
disclosure decisions under a set of authorized grounds for
postponing disclosure. The agreement does not include the
provisions that would establish an independent Review Board, a
Review Board staff, eminent domain authority, or a controlled
disclosure process.

Page 608

104
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
Program
Element
Item
FY 2024
Request
House
Authorized
Senate
Authorized
Conference
Change
Conference
Authorized
199
0804768J
COCOM EXERCISE ENGAGEMENT AND TRAINING TRANS-
FORMATION (CE2T2)—NON-MHA.
101,319
101,319
101,319
–6,300
95,019
No JLVC acquisition strategy ...............................................
[–6,300 ]
200
0808709SE
DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE
(DEOMI).
740
740
740
740
201
0901598C
MANAGEMENT HQ—MDA ......................................................
28,363
28,363
28,363
28,363
202
0903235K
JOINT SERVICE PROVIDER (JSP) ...........................................
5,177
5,177
5,177
5,177
9999
9999999999
CLASSIFIED PROGRAMS ........................................................
36,315
36,315
63,315
36,315
All Domain Anomaly Resolution Office ................................
[27,000 ]
SUBTOTAL MANAGEMENT SUPPORT .....................................
1,998,717
2,003,717
2,020,717
–3,800
1,994,917
OPERATIONAL SYSTEMS DEVELOPMENT
203
0604130V
ENTERPRISE SECURITY SYSTEM (ESS) .................................
42,482
42,482
42,482
42,482
205
0607210D8Z
INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT
1,017,141
1,065,141
1,045,141
8,000
1,025,141
Additive Manufacturing for shipbuilding .............................
[10,000 ]
Domestic advanced microelectronics packaging .................
[5,000 ]
[5,000 ]
Integrated Substrates ...........................................................
[3,000 ]
Large Surface Combatant workforce ....................................
[35,000 ]
Rapid Innovation Program ...................................................
[20,000 ]
Shipbuilding and ship repair workforce development .........
[3,000 ]
[3,000 ]
206
0607310D8Z
COUNTERPROLIFERATION SPECIAL PROJECTS: OPERATIONAL
SYSTEMS DEVELOPMENT.
12,713
12,713
12,713
12,713
207
0607327T
GLOBAL THEATER SECURITY COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
8,503
8,503
8,503
8,503
208
0607384BP
CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYS-
TEMS DEVELOPMENT).
80,495
80,495
80,495
80,495
209
0208097JCY
CYBER COMMAND AND CONTROL (CYBER C2) ....................
95,733
95,733
95,733
95,733
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November 28, 2023 (12:31 a.m.)
dmwilson on DSKJM0X7X2PROD with BILLS-DOD-TABLES

Record

Author / institution
House–Senate conference committee
Date
2023-12
Source type
Primary legislative conference report
Used for
Explicit comparison of Senate proposal and enacted compromise
Limitations
Explains omitted provisions; does not prove why individual negotiators opposed them

Also cited as (1)

The same document appears under these IDs in the workbook. Links to them open this page.

  • SRC-231 FY2024 NDAA — joint explanatory statement
    Used for: Compare proposed and enacted UAP disclosure provisions

Link

https://www.armed-services.senate.gov/imo/media/doc/fy24_ndaa_joint_explanatory_statement.pdf