Office of the Director of National Intelligence issues preliminary guidance on disclosure of unidentified anomalous phenomena

On July 31, 2026, the Office of the Director of National Intelligence (ODNI) issued preliminary guidance to foster disclosure of information related to unidentified anomalous phenomena (UAP), previously known as unidentified flying objects (UFOs).

The preliminary guidance directs the Department of War (DoW) and Intelligence Community (IC) to implement a process to ensure that their workforce may disclose such information to designated government representatives notwithstanding prior non-disclosure agreements (NDAs), oaths, or commitments.[1] The move represents the latest step in the Trump Administration’s UAP disclosure initiative, the Presidential Unsealing and Reporting System for UAP Encounters (PURSUE) Task Force.[2]

This alert provides an overview of recent congressional and executive branch actions with respect to UAP oversight and disclosure, outlines statutory and contractual considerations related to the preliminary guidance, and presents practical steps for government contractors and other stakeholders evaluating disclosures to the PURSUE Task Force.

Overview of congressional and executive branch UAP-related actions

Congress

Congress has taken steps toward greater oversight and transparency regarding UAP in recent years. In 2020, the United States Senate Select Committee on Intelligence expressed concern in a committee report that the federal government had no comprehensive process for collecting and analyzing intelligence on UAP, “despite the potential threat.”[3]

In an effort to centralize the collection and analysis of UAP information across the US government, Congress established the All-Domain Anomaly Resolution Office (AARO) in the National Defense Authorization Act for Fiscal Year 2022.[4] AARO’s mission is to standardize the collection of UAP data, analyze such data, including whether UAP are linked to foreign adversarial governments or pose a threat, and report its findings to Congress.[5] AARO is located within the DoW but reports to the ODNI on operational and security matters.[6]

To narrow the wide array of prosaic objects and other phenomena frequently conflated with UAP and hence AARO's activities, Congress defined “UAP” by statute as any 1) airborne objects that are not immediately identifiable, 2) transmedium objects that likewise are not immediately identifiable, or 3) submerged objects or devices not immediately identifiable and that display behavior or performance characteristics suggesting relation to their airborne counterparts.[7] Transmedium objects are those observed to transition between space and the atmosphere or between the atmosphere and bodies of water.[8]

The following year, in the National Defense Authorization Act for Fiscal Year 2023 (FY 2023 NDAA), Congress further directed the Secretary of War to establish a secure channel to receive the authorized disclosure of alleged UAP information relating to any government or contractor activity involving UAP, notwithstanding 1) any NDA; 2) any regulation or order issued under a) Executive Order 13526, “Original Classification Authority,” which governs the classification, safeguarding, and declassification of national security information, or b) the Atomic Energy Act; and 3) Section 798 of the Espionage Act or any other “provision of law relating to the disclosure of information.”[9]

AARO has served as that secure channel and is also required to report to Congress on such authorized disclosures.[10] The FY 2023 NDAA also prohibits retaliation by government agencies – and contractors – against any individual for making an authorized disclosure.[11] Importantly, like the preliminary guidance, the FY 2023 NDAA permits authorized disclosures only to the designated governmental channel, not to the general public.

Acknowledging, however, the importance of public disclosure of UAP-related information, Congress established the UAP Records Collection at the National Archives and Records Administration in the National Defense Authorization Act for Fiscal Year 2024 (FY 2024 NDAA).[12] Records to be included in the collection are defined as any “Government, Government-provided, or Government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence.”[13] The FY 2024 NDAA also prohibited funding under that act for fiscal year 2024 of any UAP-related secret programs until the Secretary of War or the Director of National Intelligence fully disclosed the relevant details of any such program to the appropriate congressional committees and leadership.[14] These funding limitations were not renewed in subsequent enactments.

More recently, Congress has held several UAP oversight hearings and advanced the bipartisan UAP Disclosure Act (UAPDA), which passed the Senate in 2023 and would establish an independent review board empowered to advise the President on the declassification and release of UAP records to the public.[15] The UAPDA also would order the US government to “exercise eminent domain over any and all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities in the interests of the public good.”[16]

On July 22, 2026, the House of Representatives adopted its version of the UAPDA – including the eminent domain provision – as an amendment to the National Defense Authorization Act for Fiscal Year 2027.[17]

Executive branch

In February 2026, President Donald Trump announced that he would direct the Secretary of War and other agencies to start identifying and releasing government files related to alien and extraterrestrial life, UAP, and UFOs.[18]

Following the President’s announcement, on May 1, 2026, the DoW launched the PURSUE Task Force to coordinate the identification, review, and eventual release of UAP-related records across the IC. The effort appears to be separate from the UAP Records Collection at the National Archives and Records Administration. On May 8, 2026, the task force publicly released the first tranche of UAP-related videos and other files.[19] Five tranches have been released so far.[20]

Following its establishment by Congress in 2022, AARO has provided several statutorily required reports to Congress and the public on its mission and activities. For example, AARO in its Fiscal Year 2025 Consolidated Annual Report (2025 UAP Report)stated that it received some narrative reports that suggest the potential existence of phenomena whose performance characteristics exceed the known state-of-the-art within a particular domain, although no technical data were included.[21] In its Fiscal Year 2023 Consolidated Annual Report, AARO noted that “only a very small percentage of UAP reports display interesting signatures, such as high-speed travel and unknown morphologies.”[22]

The 2025 UAP Report also noted that AARO is legally authorized to receive all UAP-related information, including military or intelligence materials, at any level of classification regardless of any restrictive access controls, special access controls, or compartmented access programs.[23] The 2025 UAP Report found that, between June 2, 2024 and May 30, 2025, seven individuals contacted AARO with claims related to UAP that AARO determined “warranted a request for a follow-on interview.”[24]

Overview of the preliminary guidance

Summary

Against this backdrop, the preliminary guidance directs the DoW and IC to implement a process to ensure that current and former governmental employees and contractors with alleged UAP information may disclose such information to designated government representatives in AARO or the PURSUE Task Force notwithstanding contravening NDAs, agreements, oaths, or commitments. It also instructs all members of the IC to, within 30 days of receipt of the guidance, coordinate with the ODNI to establish a PURSUE designee and “inform their workforce of the President’s order.”[25]

The preliminary guidance does not authorize public disclosure of classified information or disclosures to Congress other than through AARO or other existing channels.[26] Already, however, many of the US government’s NDAs expressly authorize the disclosure in some form of classified and other information to Congress.[27]

The preliminary guidance further directs the IC to ensure that its workforce is aware that any NDAs prohibiting disclosure to the President, the PURSUE Task Force, or other designees are no longer in force and that anyone with knowledge of UAP information report such information to AARO or an authorized PURSUE representative.[28] Lastly, the preliminary guidance notifies the IC of both 1) additional pending guidance to implement the preliminary guidance and 2) a second set of pending guidance by both the ODNI and DoW to implement the broader PURSUE transparency project.[29]

Several aspects of the preliminary guidance are notable. First, the preliminary guidance signals the Trump Administration’s potential willingness to foster greater transparency with respect to UAP. Second, although the FY 2023 NDAA established a statutory channel for authorized disclosures, the preliminary guidance may demonstrate an intention to systematize that channel across the IC – both by ensuring that the IC workforce is aware of the permissibility of such disclosures and by further establishing PURSUE designees throughout the IC. Third, the preliminary guidance’s statement that more detailed implementing guidance for making disclosures to the PURSUE Task Force is forthcoming may give pause to individuals who are considering stepping forward in the interim. Fourth, the preliminary guidance does not, by itself, confer legal rights with respect to making authorized disclosures beyond those established by statute.

Statutory and contractual considerations

While the preliminary guidance may be read broadly to facilitate the system for authorized disclosures established by the FY 2023 NDAA, the guidance speaks only to “[NDAs], agreements, oaths, or commitments.”[30] In contrast, the FY 2023 NDAA additionally authorizes disclosures notwithstanding any regulation or order issued under Executive Order 13526 or any other “provision of law regarding the disclosure of information.”[31] In this sense, the preliminary guidance is narrower than the existing statutory mechanism for making authorized disclosures to AARO.

The FY 2023 NDAA also prohibits retaliation against individuals for making authorized disclosures, not only by agencies but also by any “contractor, subcontractor, grantee, subgrantee, or personal services contractor of such a department or agency.”[32] Although the preliminary guidance aims to implement a process to ensure that current and former governmental employees and contractors with alleged UAP information may disclose such information, it does not provide additional guidance on how government contractors – as opposed to employees of the IC, which includes only specified agencies and sub-components[33] – may make authorized disclosures.

It is important to note that the FY 2023 NDAA authorizes the Secretary of War, acting through the head of AARO and in consultation with the Director of National Intelligence, to establish the secure mechanism for authorized disclosures. Issued by the ODNI rather than the DoW, the preliminary guidance states that authorized disclosures may be provided to authorized representatives of the PURSUE Task Force, as well as to AARO.

Contractually, NDAs and other agreements containing standard provisions that permit disclosures “in accordance with Applicable Law” should, therefore, already incorporate the FY 2023 NDAA and its framework for authorized disclosures. As agency guidance, the preliminary guidance is not binding law; nevertheless, NDAs and other agreements that define “Applicable Law” to also incorporate relevant agency guidance may have, in addition to the FY 2023 NDAA, further ground for a signatory to make an authorized disclosure. Lastly, any NDA “prohibiting disclosure to the President,” as described in the preliminary guidance, would be unusual if not unlawful in NDAs with the government, as the President is the ultimate classification authority.[34]

Practical guidance

Given the scope of the preliminary guidance and existing statutory requirements, government contractors and individuals may wish to consider the following:

• The preliminary guidance does not narrow existing anti-retaliation provisions established by the FY 2023 NDAA. Accordingly, any retaliatory personnel action against a covered individual for making an authorized disclosure continues to be prohibited by statute.[35] Although the FY 2023 NDAA does not contain an express private right of action for individuals making authorized disclosures, relevant contractors are encouraged to consider updating their whistleblower and related procedures to maintain compliance with applicable law, including the FY 2023 NDAA.
  
  
• The follow-on guidance will likely be pivotal. Until this more detailed guidance is issued, IC employees considering authorized disclosures to the PURSUE Task Force lack actionable information related to the procedures to follow. Furthermore, because the preliminary guidance expressly addresses only IC employees, the question of whether the follow-on guidance will establish procedures that further cover employees of government contractors remains unresolved. Consequently, individuals contemplating authorized disclosures may consider waiting for the pending, more comprehensive guidance for clarity.
  
  
• Although the preliminary guidance speaks only to NDAs, the scope of the FY 2023 NDAA’s authorized disclosure to AARO is significantly broader, covering virtually every other legal restraint against the sharing of information with that office.[36] Whether the follow-on guidance will reflect this more comprehensive scope of authorized disclosure remains to be seen.
  
  
• The preliminary guidance demonstrates a potential willingness by the Trump Administration to foster UAP transparency, even as ambiguities remain between the statutory requirements and executive branch guidance on authorized disclosures. Passage of the UAPDA would signal additional momentum, and its eminent domain provision could raise issues for contractors.

Conclusion

The preliminary guidance may represent a significant step in the Trump Administration’s push for UAP transparency. By directing the IC to systematize the authorized disclosure channel established by the FY 2023 NDAA and to ensure workforce awareness of the permissibility of such disclosures, the preliminary guidance lays the groundwork for a more structured process through which current and former government employees may come forward with UAP-related information.

Government contractors and other stakeholders are encouraged to monitor the forthcoming guidance closely and evaluate existing NDAs and other secrecy requirements in light of the FY 2023 NDAA’s statutory framework.

For more information, please contact the authors.

 

^{[1] Off. of the Dir. of Nat’l Intel., Preliminary Guidance for Implementation of NDA Waiver, Memorandum from the Principal Deputy Director of National Intelligence to the Dir. of the Cent. Intel. Agency et al., ES 2026-00818 (July 31, 2026), available at https://burlison.house.gov/sites/evo-subsites/burlison.house.gov/files/evo-media-document/memorandum_2026.pdf.}

^{[2] Dep’t of War, Presidential Unsealing & Reporting Sys. for UAP Encounters, War.gov, https://www.war.gov/ufo/#directive (last visited Aug. 4, 2026).}

^{[3] S. REP. NO. 116-233, at 11 (2020).}

^{[4] National Defense Authorization Act for Fiscal Year 2022, Pub. L. No. 117-81, § 1683, 135 Stat. 1541, 2118–23 (codified at 50 U.S.C. § 3373).}

^{[5] 50 U.S.C. § 3373(c).}

^{[6] Id. § 3373(b)(3)(B)(ii).} 

^{[7] Id. § 3373(n)(8).}

^{[8] Id. § 3373(n)(7).}

^{[9] National Defense Authorization Act for Fiscal Year 2023, Pub. L. No. 117-263, § 1673, 136 Stat. 2395, 2959–62 (codified at 50 U.S.C. § 3373b(b)(1)).}

^{[10] ALL-DOMAIN ANOMALY RESOL. OFF., DEP’T OF WAR, FISCAL YEAR 2024 CONSOLIDATED ANNUAL REPORT ON UNIDENTIFIED ANOMALOUS PHENOMENA 12–13 (undated), https://media.defense.gov/2024/Nov/14/2003583603/-1/-1/0/FY24-CONSOLIDATED-ANNUAL-REPORT-ON-UAP-508.PDF.}

^{[11] 50 U.S.C. § 3373b(b)(2).}

^{[12] National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31, § 1841(a), 137 Stat. 136, 699–700 (2023) (codified at 44 U.S.C. § 2107 note).}

^{[13] Id. § 1841(a)(1)(C), 137 Stat. 136, 699–700.}

^{[14] Id. §§ 1687, 7343, 137 Stat. 621–22, 1063–64.}

^{[15] 169 CONG. REC. S3729, S3129–30, S3725–26, S3389–96 (2023) (announcing that S. 2226 passed on a vote of 86 to 11, after incorporating by unanimous consent S. Amend. No. 935, an amendment in the nature of a substitute containing the UAP Disclosure Act as Division G); 169 CONG. REC. S3466–73 (2026) (S. Amend. No. 6344 to S. 4784, 119th Cong. (2026); see, e.g., Mission, Activities, Oversight, and Budget of the All-Domain Anomaly Resolution Office: Hearing Before the Subcomm. on Emerging Threats and Capabilities of the S. Comm. on Armed Servs., 118th Cong. (2023), https://www.armed-services.senate.gov/imo/media/doc/23-31_04-19-2023.pdf.}

^{[16] 169 CONG. REC. S3466–73 (2026) (S. Amend. No. 6344 to S. 4784, §___10(a)).}

^{[17] H.R. REP. 119-755, Amdt. No. 315, at 419–42 (2026).}

^{[18] The White House (@WhiteHouse), X (Feb. 19, 2026), https://x.com/WhiteHouse/status/2024654469745480105.}

^{[19] Dep’t of War, Press Release, Department of War Releases Unidentified Anomalous Phenomena Files in Historic Transparency Effort (May 8, 2026), https://www.war.gov/News/Releases/Release/Article/4480582/department-of-war-releases-unidentified-anomalous-phenomena-files-in-historic-t/.}

^{[20] Id.; Dep’t of War, Press Release, Department of War Publishes Second Release of Unidentified Anomalous Phenomena Files on WAR.GOV/UFO (May 22, 2026), https://www.war.gov/News/Releases/Release/Article/4499305/department-of-war-publishes-second-release-of-unidentified-anomalous-phenomena/; Dep’t of War, Press Release, Department of War Publishes Third Release of Unidentified Anomalous Phenomena Files on WAR.GOV/UFO (June 12, 2026), https://www.war.gov/News/Releases/Release/Article/4515408/department-of-war-publishes-third-release-of-unidentified-anomalous-phenomena-f/; Dep’t of War, Press Release, Department of War Publishes Fourth Release of Unidentified Anomalous Phenomena Files on WAR.GOV/UFO (July 10, 2026), https://www.war.gov/News/Releases/Release/Article/4539898/department-of-war-publishes-fourth-release-of-unidentified-anomalous-phenomena/; Dep’t of War, Press Release, Department of War Publishes Fifth Release of Unidentified Anomalous Phenomena Files on WAR.GOV/UFO (Aug. 7, 2026), https://www.war.gov/News/Releases/Release/Article/4565994/department-of-war-publishes-fifth-release-of-unidentified-anomalous-phenomena-f/.} 

^{[21] ALL-DOMAIN ANOMALY RESOL. OFF., DEP’T OF WAR, FISCAL YEAR 2025 CONSOLIDATED ANNUAL REPORT ON UNIDENTIFIED ANOMALOUS PHENOMENA 9 (undated), https://www.aaro.mil/Portals/136/PDFs/FY25%20UAP%20Annual%20Report/AARO_FY2025_Consolidated_Annual_Report_on_UAP.pdf.}

^{[22] OFF. OF THE DIR. OF NAT’L INTEL. & ALL-DOMAIN ANOMALY RESOL. OFF., DEP’T OF WAR, FISCAL YEAR 2023 CONSOLIDATED ANNUAL REPORT ON UNIDENTIFIED ANOMALOUS PHENOMENA 8 (2023), https://www.aaro.mil/Portals/136/PDFs/UNCLASSIFIED-FY23_Consolidated_Annual_Report_on_UAP-Oct_25_2023_1236.pdf.}

^{[23] ALL-DOMAIN ANOMALY RESOL. OFF., DEP’T OF WAR, FISCAL YEAR 2025 CONSOLIDATED ANNUAL REPORT ON UNIDENTIFIED ANOMALOUS PHENOMENA 10.}

^[24] Id.

^{[25] Off. of the Dir. of Nat’l Intel., Preliminary Guidance for Implementation of NDA Waiver.}

^{[26] See, e.g., 10 U.S.C. § 119 (governing reporting to Congress of DoW special access programs); 50 U.S.C. § 3091a (governing reporting to Congress of IC special access programs); 50 U.S.C. § 2426 (governing reporting to Congress of National Nuclear Security Administration special access programs); 50 U.S.C. § 3348 (governing reporting to Congress of all other “department or agency” special access programs).}

^{[27] See, e.g., Off. of the Dir. of Nat’l Intel., Form of Classified Information Nondisclosure Agreement, §§ 10, 11, Standard Form 312 (rev. Dec. 2023), https://www.gsa.gov/system/files/2024-06/SF312-23.pdf; Dep’t of War, Form of Special Access Program Indoctrination Agreement, § 13, DD Form 2836 (Dec. 2000), https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2836.pdf.}

^{[28] Off. of the Dir. of Nat’l Intel., Preliminary Guidance for Implementation of NDA Waiver.}

^{[29] Id.}

^{[30] Id.}

^{[31] 50 U.S.C. § 3373b(b)(1).}

^{[32] Id. § 3373b(b)(2)(A).}

^{[33] Id. § 3003(4).} 

^{[34] See Id. § 3161(a); Exec. Order No. 13526, 75 Fed. Reg. 707 (Jan. 5, 2010). Nevertheless, information classified under the Atomic Energy Act may present separate issues with respect to Presidential discretion over Restricted Data. See 42 U.S.C. § 2162. The FY 2023 NDAA, however, authorizes disclosures notwithstanding such act. 50 U.S.C. § 3373b(b)(1)(B).}

^{[35] 50 U.S.C. § 3373b(b)(2)(A), (d)(7). Confusingly, prohibited retaliation, or “personnel actions,” is defined by incorporation of a statutory definition contained elsewhere that applies only to certain IC employees and contractors. See 50 U.S.C. § 3234(a)(3).}

^{[36] Id. 50 U.S.C. § 3373b(b)(1).}