National Defense Authorization Act for Fiscal Year 2023

H.R. 7900, the National Defense Authorization Act for Fiscal Year 2023, was introduced by Rep. Adam Smith (D-WA-9) on May 27, 2022, to authorize Department of Defense activities for the fiscal year. The bill covers a broad range of topics, from military procurement and personnel rules to UAP reporting protections and munitions replenishment. As of October 11, 2022, the measure was laid before the Senate by unanimous consent.

What does the UAP section actually do?

Section 1663 is the bill's main UAP provision. It directs the head of the UAP office to set up a secure system for receiving reports about UAP events, as well as any government or contractor programs related to UAP. Critically, the section says that existing nondisclosure agreements (NDAs) cannot legally stop someone from using this reporting system. In other words, a witness who signed an NDA can still report a UAP sighting without breaking the law.

The section also requires the office to inventory existing NDAs related to UAP and to brief congressional leadership on those records. Within 180 days of enactment, the office must publish public guidance on how to access and use the reporting system.

What protections does the bill give to UAP reporters?

The bill includes strong whistleblower-style protections. It says reporting through the new system is not a violation of any law, and no lawsuit can be brought against someone for doing so. Federal employees and contractors are prohibited from retaliating against a reporter, including by revoking or suspending security clearances. If retaliation does happen, the affected individual can bring a private civil action for remedies including compensatory and punitive damages in the U.S. Court of Federal Claims.

What oversight is built into the UAP provisions?

Both the Inspector General of the Department of Defense and the Inspector General of the Intelligence Community are required to assess compliance with Section 1663 within one year of enactment and report their findings to congressional intelligence committees, defense committees, and congressional leadership. Annual reports to Congress must also include a summary of reports received through the new system.

What else does the bill cover beyond UAP?

The bill authorizes procurement of destroyers and aircraft, sets end strengths for the Armed Forces, and requires gender-neutral fitness standards for certain Army occupational specialties. It also addresses TRICARE prescription contraceptive coverage, electric vehicle pilot programs, and munitions replenishment tied to support for Ukraine. Non-defense items include establishing the San Gabriel National Recreation Area in California and raising the minimum wage for federal contractor employees.