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2023 UAP Disclosure Act proposed provisions

U.S. Congress / Congressional Record · 2023

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CONGRESSIONAL RECORD — SENATE
S2953
July 13, 2023
to nuclear waste issues in the Great Lakes
Basin.
SA 797. Mr. SCHUMER (for himself,
Mr. ROUNDS, Mr. RUBIO, Mrs. GILLI-
BRAND, Mr. YOUNG, and Mr. HEINRICH)
submitted an amendment intended to
be proposed by him to the bill S. 2226,
to authorize appropriations for fiscal
year 2024 for military activities of the
Department of Defense, for military
construction, and for defense activities
of the Department of Energy, to pre-
scribe military personnel strengths for
such fiscal year, and for other pur-
poses; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the fol-
lowing:
TITLE l—UNIDENTIFIED ANOMALOUS
PHENOMENA DISCLOSURE
SEC. ll01. SHORT TITLE.
This title may be cited as the ‘‘Unidenti-
fied Anomalous Phenomena Disclosure Act
of 2023’’ or the ‘‘UAP Disclosure Act of 2023’’.
SEC. ll02. FINDINGS, DECLARATIONS, AND PUR-
POSES.
(a) FINDINGS AND DECLARATIONS.—Congress
finds and declares the following:
(1) All Federal Government records related
to
unidentified
anomalous
phenomena
should be preserved and centralized for his-
torical and Federal Government purposes.
(2) All Federal Government records con-
cerning unidentified anomalous phenomena
should carry a presumption of immediate
disclosure and all records should be eventu-
ally disclosed to enable the public to become
fully informed about the history of the Fed-
eral Government’s knowledge and involve-
ment surrounding unidentified anomalous
phenomena.
(3) Legislation is necessary to create an en-
forceable,
independent,
and
accountable
process for the public disclosure of such
records.
(4) Legislation is necessary because cred-
ible evidence and testimony indicates that
Federal Government unidentified anomalous
phenomena records exist that have not been
declassified or subject to mandatory declas-
sification review as set forth in Executive
Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information) due
in part to exemptions under the Atomic En-
ergy Act of 1954 (42 U.S.C. 2011 et seq.), as
well as an over-broad interpretation of
‘‘transclassified foreign nuclear informa-
tion’’, which is also exempt from mandatory
declassification, thereby preventing public
disclosure under existing provisions of law.
(5) Legislation is necessary because section
552 of title 5, United States Code (commonly
referred to as the ‘‘Freedom of Information
Act’’), as implemented by the Executive
branch of the Federal Government, has prov-
en inadequate in achieving the timely public
disclosure of Government unidentified anom-
alous phenomena records that are subject to
mandatory declassification review.
(6) Legislation is necessary to restore prop-
er oversight over unidentified anomalous
phenomena records by elected officials in
both the executive and legislative branches
of the Federal Government that has other-
wise been lacking as of the enactment of this
Act.
(7) Legislation is necessary to afford com-
plete and timely access to all knowledge
gained by the Federal Government con-
cerning unidentified anomalous phenomena
in furtherance of comprehensive open sci-
entific and technological research and devel-
opment essential to avoiding or mitigating
potential technological surprise in further-
ance of urgent national security concerns
and the public interest.
(b) PURPOSES.—The purposes of this title
are—
(1) to provide for the creation of the un-
identified anomalous phenomena Records
Collection at the National Archives and
Records Administration; and
(2) to require the expeditious public trans-
mission to the Archivist and public disclo-
sure of such records.
SEC. ll03. DEFINITIONS.
In this title:
(1)
ARCHIVIST.—The
term
‘‘Archivist’’
means the Archivist of the United States.
(2) CLOSE OBSERVER.—The term ‘‘close ob-
server’’ means anyone who has come into
close proximity to unidentified anomalous
phenomena or non-human intelligence.
(3) COLLECTION.—The term ‘‘Collection’’
means the Unidentified Anomalous Phe-
nomena
Records
Collection
established
under section ll04.
(4)
CONTROLLED
DISCLOSURE
CAMPAIGN
PLAN.—The
term
‘‘Controlled
Disclosure
Campaign Plan’’ means the Controlled Dis-
closure Campaign Plan required by section
ll09(c)(3).
(5) CONTROLLING
AUTHORITY.—The term
‘‘controlling authority’’ means any Federal,
State, or local government department, of-
fice, agency, committee, commission, com-
mercial company, academic institution, or
private sector entity in physical possession
of technologies of unknown origin or biologi-
cal evidence of non-human intelligence.
(6) EXECUTIVE AGENCY.—The term ‘‘Execu-
tive agency’’ means an Executive agency, as
defined in subsection 552(f) of title 5, United
States Code.
(7) GOVERNMENT OFFICE.—The term ‘‘Gov-
ernment office’’ means any department, of-
fice, agency, committee, or commission of
the Federal Government and any inde-
pendent office or agency without exception
that has possession or control, including via
contract or other agreement, of unidentified
anomalous phenomena records.
(8) IDENTIFICATION AID.—The term ‘‘identi-
fication aid’’ means the written description
prepared for each record, as required in sec-
tion ll04.
(9) LEADERSHIP
OF
CONGRESS.—The term
‘‘leadership of Congress’’ means—
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Represent-
atives; and
(D) the minority leader of the House of
Representatives.
(10) LEGACY PROGRAM.—The term ‘‘legacy
program’’ means all Federal, State, and local
government, commercial industry, academic,
and private sector endeavors to collect, ex-
ploit, or reverse engineer technologies of un-
known origin or examine biological evidence
of living or deceased non-human intelligence
that pre-dates the date of the enactment of
this Act.
(11) NATIONAL
ARCHIVES.—The term ‘‘Na-
tional Archives’’ means the National Ar-
chives and Records Administration and all
components thereof, including presidential
archival depositories established under sec-
tion 2112 of title 44, United States Code.
(12) NON-HUMAN
INTELLIGENCE.—The term
‘‘non-human intelligence’’ means any sen-
tient intelligent non-human lifeform regard-
less of nature or ultimate origin that may be
presumed responsible for unidentified anom-
alous phenomena or of which the Federal
Government has become aware.
(13) ORIGINATING
BODY.—The term ‘‘origi-
nating body’’ means the Executive agency,
Federal Government commission, committee
of Congress, or other Governmental entity
that created a record or particular informa-
tion within a record.
(14) PROSAIC ATTRIBUTION.—The term ‘‘pro-
saic attribution’’ means having a human (ei-
ther foreign or domestic) origin and oper-
ating according to current, proven, and gen-
erally understood scientific and engineering
principles and established laws-of-nature and
not attributable to non-human intelligence.
(15) PUBLIC
INTEREST.—The term ‘‘public
interest’’ means the compelling interest in
the prompt public disclosure of unidentified
anomalous phenomena records for historical
and Governmental purposes and for the pur-
pose of fully informing the people of the
United States about the history of the Fed-
eral Government’s knowledge and involve-
ment surrounding unidentified anomalous
phenomena.
(16) RECORD.—The term ‘‘record’’ includes
a book, paper, report, memorandum, direc-
tive, email, text, or other form of commu-
nication, or map, photograph, sound or video
recording, machine-readable material, com-
puterized, digitized, or electronic informa-
tion, including intelligence, surveillance, re-
connaissance, and target acquisition sensor
data, regardless of the medium on which it is
stored, or other documentary material, re-
gardless of its physical form or characteris-
tics.
(17) REVIEW
BOARD.—The term ‘‘Review
Board’’ means the Unidentified Anomalous
Phenomena Records Review Board estab-
lished by section ll07.
(18) TECHNOLOGIES
OF
UNKNOWN
ORIGIN.—
The term ‘‘technologies of unknown origin’’
means any materials or meta-materials,
ejecta, crash debris, mechanisms, machin-
ery, equipment, assemblies or sub-assem-
blies, engineering models or processes, dam-
aged or intact aerospace vehicles, and dam-
aged or intact ocean-surface and undersea
craft associated with unidentified anomalous
phenomena or incorporating science and
technology that lacks prosaic attribution or
known means of human manufacture.
(19)
TEMPORARILY
NON-ATTRIBUTED
OB-
JECTS.—
(A) IN
GENERAL.—The term ‘‘temporarily
non-attributed objects’’ means the class of
objects that temporarily resist prosaic attri-
bution by the initial observer as a result of
environmental or system limitations associ-
ated with the observation process that nev-
ertheless
ultimately
have
an
accepted
human origin or known physical cause. Al-
though some unidentified anomalous phe-
nomena may at first be interpreted as tem-
porarily non-attributed objects, they are not
temporarily non-attributed objects, and the
two categories are mutually exclusive.
(B) INCLUSION.—The term ‘‘temporarily
non-attributed objects’’ includes—
(i) natural celestial, meteorological, and
undersea weather phenomena;
(ii) mundane human-made airborne ob-
jects, clutter, and marine debris;
(iii) Federal, State, and local government,
commercial industry, academic, and private
sector aerospace platforms;
(iv) Federal, State, and local government,
commercial industry, academic, and private
sector ocean-surface and undersea vehicles;
and
(v) known foreign systems.
(20) THIRD AGENCY.—The term ‘‘third agen-
cy’’ means a Government agency that origi-
nated a unidentified anomalous phenomena
record that is in the possession of another
Government agency.
(21)
UNIDENTIFIED
ANOMALOUS
PHE-
NOMENA.—
(A) IN
GENERAL.—The term ‘‘unidentified
anomalous phenomena’’ means any object
operating or judged capable of operating in
outer-space, the atmosphere, ocean surfaces,
or undersea lacking prosaic attribution due
to performance characteristics and prop-
erties not previously known to be achievable
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CONGRESSIONAL RECORD — SENATE
S2954
July 13, 2023
based upon commonly accepted physical
principles.
Unidentified
anomalous
phe-
nomena are differentiated from both attrib-
uted and temporarily non-attributed objects
by one or more of the following observables:
(i) Instantaneous acceleration absent ap-
parent inertia.
(ii) Hypersonic velocity absent a thermal
signature and sonic shockwave.
(iii) Transmedium (such as space-to-ground
and air-to-undersea) travel.
(iv) Positive lift contrary to known aero-
dynamic principles.
(v) Multispectral signature control.
(vi) Physical or invasive biological effects
to close observers and the environment.
(B) INCLUSIONS.—The term ‘‘unidentified
anomalous phenomena’’ includes what were
previously described as—
(i) flying discs;
(ii) flying saucers;
(iii) unidentified aerial phenomena;
(iv) unidentified flying objects (UFOs); and
(v) unidentified submerged objects (USOs).
(22) UNIDENTIFIED
ANOMALOUS
PHENOMENA
RECORD.—The term ‘‘unidentified anomalous
phenomena record’’ means a record that is
related
to
unidentified
anomalous
phe-
nomena, technologies of unknown origin, or
non-human intelligence (and all equivalent
subjects by any other name with the specific
and sole exclusion of temporarily non-attrib-
uted objects) that was created or made avail-
able for use by, obtained by, or otherwise
came into the possession of—
(A) the Executive Office of the President;
(B) the Department of Defense and its pro-
genitors, the Department of War and the De-
partment of the Navy;
(C) the Department of the Army;
(D) the Department of the Navy;
(E) the Department of the Air Force, spe-
cifically the Air Force Office of Special In-
vestigations;
(F) the Department of Energy and its pro-
genitors, the Manhattan Project, the Atomic
Energy Commission, and the Energy Re-
search and Development Administration;
(G) the Office of the Director of National
Intelligence;
(H) the Central Intelligence Agency and its
progenitor, the Office of Strategic Services;
(I) the National Reconnaissance Office;
(J) the Defense Intelligence Agency;
(K) the National Security Agency;
(L) the National Geospatial-Intelligence
Agency;
(M) the National Aeronautics and Space
Administration:
(N) the Federal Bureau of Investigation;
(O) the Federal Aviation Administration;
(P) the National Oceanic and Atmospheric
Administration;
(Q) the Library of Congress;
(R) the National Archives and Records Ad-
ministration;
(S) any Presidential library;
(T) any Executive agency;
(U) any independent office or agency;
(V) any other department, office, agency,
committee, or commission of the Federal
Government;
(W) any State or local government depart-
ment, office, agency, committee, or commis-
sion that provided support or assistance or
performed work, in connection with a Fed-
eral inquiry into unidentified anomalous
phenomena, technologies of unknown origin,
or non-human intelligence; and
(X) any private sector person or entity for-
merly or currently under contract or some
other agreement with the Federal Govern-
ment.
SEC. ll04. UNIDENTIFIED ANOMALOUS PHE-
NOMENA RECORDS COLLECTION AT
THE
NATIONAL
ARCHIVES
AND
RECORDS ADMINISTRATION.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—(A) Not later than 60 days
after the date of the enactment of this Act,
the Archivist shall commence establishment
of a collection of records in the National Ar-
chives to be known as the ‘‘Unidentified
Anomalous Phenomena Records Collection’’.
(B) In carrying out subparagraph (A), the
Archivist shall ensure the physical integrity
and original provenance (or if indeterminate,
the earliest historical owner) of all records
in the Collection.
(C) The Collection shall consist of record
copies of all Government, Government-pro-
vided, or Government-funded records relat-
ing to unidentified anomalous phenomena,
technologies of unknown origin, and non-
human intelligence (or equivalent subjects
by any other name with the specific and sole
exclusion of temporarily non-attributed ob-
jects), which shall be transmitted to the Na-
tional Archives in accordance with section
2107 of title 44, United States Code.
(D) The Archivist shall prepare and publish
a subject guidebook and index to the Collec-
tion.
(2) CONTENTS.—The Collection shall include
the following:
(A) All unidentified anomalous phenomena
records, regardless of age or date of cre-
ation—
(i) that have been transmitted to the Na-
tional Archives or disclosed to the public in
an unredacted form prior to the date of the
enactment of this Act;
(ii) that are required to be transmitted to
the National Archives; and
(iii) that the disclosure of which is post-
poned under this Act.
(B) A central directory comprised of iden-
tification aids created for each record trans-
mitted to the Archivist under section ll05.
(C) All Review Board records as required
by this Act.
(b) DISCLOSURE OF RECORDS.—All unidenti-
fied anomalous phenomena records trans-
mitted to the National Archives for disclo-
sure to the public shall—
(1) be included in the Collection; and
(2) be available to the public—
(A) for inspection and copying at the Na-
tional Archives within 30 days after their
transmission to the National Archives; and
(B) digitally via the National Archives on-
line database within a reasonable amount of
time not to exceed 180 days thereafter.
(c) FEES
FOR
COPYING.—The Archivist
shall—
(1) charge fees for copying unidentified
anomalous phenomena records; and
(2) grant waivers of such fees pursuant to
the standards established by section 552(a)(4)
of title 5, United States Code.
(d) ADDITIONAL REQUIREMENTS.—
(1) USE OF FUNDS.—The Collection shall be
preserved, protected, archived, digitized, and
made available to the public at the National
Archives and via the official National Ar-
chives online database using appropriations
authorized, specified, and restricted for use
under the terms of this Act.
(2) SECURITY
OF
RECORDS.—The National
Security Program Office at the National Ar-
chives, in consultation with the National Ar-
chives Information Security Oversight Of-
fice, shall establish a program to ensure the
security of the postponed unidentified anom-
alous phenomena records in the protected,
and yet-to-be disclosed or classified portion
of the Collection.
(e) OVERSIGHT.—
(1) SENATE.—Unless otherwise determined
by the Select Committee on Intelligence of
the Senate, the Committee on Homeland Se-
curity and Governmental Affairs of the Sen-
ate shall have continuing legislative over-
sight jurisdiction in the Senate with respect
to the Collection.
(2) HOUSE
OF
REPRESENTATIVES.—Unless
otherwise determined appropriate by the
Permanent Select Committee on Intelligence
of the House of Representatives, the Com-
mittee on Oversight and Accountability of
the House of Representatives shall have con-
tinuing legislative oversight jurisdiction in
the House of Representatives with respect to
the Collection.
SEC. ll05. REVIEW, IDENTIFICATION, TRANS-
MISSION
TO
THE
NATIONAL
AR-
CHIVES, AND PUBLIC DISCLOSURE
OF UNIDENTIFIED ANOMALOUS PHE-
NOMENA
RECORDS
BY
GOVERN-
MENT OFFICES.
(a)
IDENTIFICATION,
ORGANIZATION,
AND
PREPARATION FOR TRANSMISSION.—
(1) IN
GENERAL.—As soon as practicable
after the date of the enactment of this Act,
each head of a Government office shall—
(A) identify and organize records in the
possession of the Government office or under
the control of the Government office relat-
ing to unidentified anomalous phenomena;
and
(B) prepare such records for transmission
to the Archivist for inclusion in the Collec-
tion.
(2)
PROHIBITIONS.—(A)
No
unidentified
anomalous phenomena record shall be de-
stroyed, altered, or mutilated in any way.
(B) No unidentified anomalous phenomena
record made available or disclosed to the
public prior to the date of the enactment of
this Act may be withheld, redacted, post-
poned for public disclosure, or reclassified.
(C) No unidentified anomalous phenomena
record created by a person or entity outside
the Federal Government (excluding names or
identities consistent with the requirements
of section ll06) shall be withheld, redacted,
postponed for public disclosure, or reclassi-
fied.
(b) CUSTODY
OF UNIDENTIFIED ANOMALOUS
PHENOMENA RECORDS PENDING REVIEW.—Dur-
ing the review by the heads of Government
offices under subsection (c) and pending re-
view activity by the Review Board, each
head of a Government office shall retain cus-
tody of the unidentified anomalous phe-
nomena records of the office for purposes of
preservation, security, and efficiency, un-
less—
(1) the Review Board requires the physical
transfer of the records for purposes of con-
ducting an independent and impartial re-
view;
(2) transfer is necessary for an administra-
tive hearing or other Review Board function;
or
(3) it is a third agency record described in
subsection (c)(2)(C).
(c) REVIEW BY HEADS OF GOVERNMENT OF-
FICES.—
(1) IN GENERAL.—Not later than 300 days
after the date of the enactment of this Act,
each head of a Government office shall re-
view, identify, and organize each unidenti-
fied anomalous phenomena record in the cus-
tody or possession of the office for—
(A) disclosure to the public;
(B) review by the Review Board; and
(C) transmission to the Archivist.
(2) REQUIREMENTS.—In carrying out para-
graph (1), the head of a Government office
shall—
(A) determine which of the records of the
office
are
unidentified
anomalous
phe-
nomena records;
(B) determine which of the unidentified
anomalous phenomena records of the office
have been officially disclosed or made pub-
licly available in a complete and unredacted
form;
(C)(i) determine which of the unidentified
anomalous phenomena records of the office,
or particular information contained in such
a record, was created by a third agency or by
another Government office; and
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CONGRESSIONAL RECORD — SENATE
S2955
July 13, 2023
(ii) transmit to a third agency or other
Government office those records, or par-
ticular
information
contained
in
those
records, or complete and accurate copies
thereof;
(D)(i) determine whether the unidentified
anomalous phenomena records of the office
or particular information in unidentified
anomalous phenomena records of the office
are covered by the standards for postpone-
ment of public disclosure under this title;
and
(ii) specify on the identification aid re-
quired by subsection (d) the applicable post-
ponement provision contained in section
ll06;
(E) organize and make available to the Re-
view Board all unidentified anomalous phe-
nomena records identified under subpara-
graph (D) the public disclosure of, which in-
whole or in-part, may be postponed under
this title;
(F) organize and make available to the Re-
view Board any record concerning which the
office has any uncertainty as to whether the
record is an unidentified anomalous phe-
nomena record governed by this title;
(G) give precedence of work to—
(i) the identification, review, and trans-
mission of unidentified
anomalous
phe-
nomena records not already publicly avail-
able or disclosed as of the date of the enact-
ment of this Act;
(ii) the identification, review, and trans-
mission of all records that most unambig-
uously and definitively pertain to unidenti-
fied anomalous phenomena, technologies of
unknown
origin,
and
non-human
intel-
ligence;
(iii) the identification, review, and trans-
mission of unidentified
anomalous
phe-
nomena records that on the date of the en-
actment of this Act are the subject of litiga-
tion under section 552 of title 5, United
States Code; and
(iv) the identification, review, and trans-
mission of unidentified
anomalous
phe-
nomena records with earliest provenance
when not inconsistent with clauses (i)
through (iii) and otherwise feasible; and
(H) make available to the Review Board
any additional information and records that
the Review Board has reason to believe the
Review Board requires for conducting a re-
view under this title.
(3) PRIORITY OF EXPEDITED REVIEW FOR DI-
RECTORS
OF
CERTAIN
ARCHIVAL
DEPOSI-
TORIES.—The Director of each archival de-
pository established under section 2112 of
title 44, United States Code, shall have as a
priority the expedited review for public dis-
closure
of
unidentified
anomalous
phe-
nomena records in the possession and cus-
tody of the depository, and shall make such
records available to the Review Board as re-
quired by this title.
(d) IDENTIFICATION AIDS.—
(1) IN GENERAL.—(A) Not later than 45 days
after the date of the enactment of this Act,
the Archivist, in consultation with the heads
of such Government offices as the Archivist
considers appropriate, shall prepare and
make available to all Government offices a
standard form of identification, or finding
aid, for use with each unidentified anoma-
lous phenomena record subject to review
under this title whether in hardcopy (phys-
ical), softcopy (electronic), or digitized data
format as may be appropriate.
(B) The Archivist shall ensure that the
identification aid program is established in
such a manner as to result in the creation of
a uniform system for cataloging and finding
every unidentified anomalous phenomena
record subject to review under this title
where ever and how ever stored in hardcopy
(physical), softcopy (electronic), or digitized
data format.
(2) REQUIREMENTS
FOR
GOVERNMENT
OF-
FICES.—Upon completion of an identification
aid using the standard form of identification
prepared and made available under subpara-
graph (A) of paragraph (1) for the program
established pursuant to subparagraph (B) of
such paragraph, the head of a Government
office shall—
(A) attach a printed copy to each physical
unidentified anomalous phenomena record,
and an electronic copy to each softcopy or
digitized data unidentified anomalous phe-
nomena record, the identification aid de-
scribes;
(B) transmit to the Review Board a printed
copy for each physical unidentified anoma-
lous phenomena record and an electronic
copy for each softcopy or digitized data un-
identified anomalous phenomena record the
identification aid describes; and
(C) attach a printed copy to each physical
unidentified anomalous phenomena record,
and an electronic copy to each softcopy or
digitized data unidentified anomalous phe-
nomena record the identification aid de-
scribes, when transmitted to the Archivist.
(3) RECORDS
OF
THE
NATIONAL
ARCHIVES
THAT ARE PUBLICLY AVAILABLE.—Unidentified
anomalous phenomena records which are in
the possession of the National Archives on
the date of the enactment of this Act, and
which have been publicly available in their
entirety without redaction, shall be made
available in the Collection without any addi-
tional review by the Review Board or an-
other authorized office under this title, and
shall not be required to have such an identi-
fication aid unless required by the Archivist.
(e) TRANSMISSION
TO
THE
NATIONAL
AR-
CHIVES.—Each head of a Government office
shall—
(1) transmit to the Archivist, and make
immediately available to the public, all un-
identified anomalous phenomena records of
the Government office that can be publicly
disclosed, including those that are publicly
available on the date of the enactment of
this Act, without any redaction, adjustment,
or withholding under the standards of this
title; and
(2) transmit to the Archivist upon approval
for postponement by the Review Board or
upon completion of other action authorized
by this title, all unidentified anomalous phe-
nomena records of the Government office the
public disclosure of which has been post-
poned, in whole or in part, under the stand-
ards of this title, to become part of the pro-
tected, yet-to-be disclosed, or classified por-
tion of the Collection.
(f) CUSTODY
OF POSTPONED UNIDENTIFIED
ANOMALOUS
PHENOMENA
RECORDS.—An un-
identified anomalous phenomena record the
public disclosure of which has been post-
poned shall, pending transmission to the Ar-
chivist, be held for reasons of security and
preservation by the originating body until
such time as the information security pro-
gram has been established at the National
Archives as required in section ll04(d)(2).
(g) PERIODIC REVIEW OF POSTPONED UNIDEN-
TIFIED ANOMALOUS PHENOMENA RECORDS.—
(1) IN GENERAL.—All postponed or redacted
records shall be reviewed periodically by the
originating agency and the Archivist con-
sistent with the recommendations of the Re-
view Board in the Controlled Disclosure
Campaign Plan under section ll09(c)(3)(B).
(2) REQUIREMENTS.—(A) A periodic review
under paragraph (1) shall address the public
disclosure of additional unidentified anoma-
lous phenomena records in the Collection
under the standards of this title.
(B) All postponed unidentified anomalous
phenomena records determined to require
continued postponement shall require an un-
classified written description of the reason
for such continued postponement relevant to
these specific records. Such description shall
be provided to the Archivist and published in
the Federal Register upon determination.
(C) The time and release requirements
specified in the Controlled Disclosure Cam-
paign Plan shall be revised or amended only
if the Review Board is still in session and
concurs with the rationale for postponement,
subject
to
the
limitations
in
section
ll09(d)(1).
(D) The periodic review of postponed un-
identified anomalous phenomena records
shall serve to downgrade and declassify secu-
rity classified information.
(E) Each unidentified anomalous phe-
nomena record shall be publicly disclosed in
full, and available in the Collection, not
later than the date that is 25 years after the
date of the first creation of the record by the
originating body, unless the President cer-
tifies, as required by this title, that—
(i) continued postponement is made nec-
essary by an identifiable harm to the mili-
tary defense, intelligence operations, law en-
forcement, or conduct of foreign relations;
and
(ii) the identifiable harm is of such gravity
that it outweighs the public interest in dis-
closure.
(h) REQUIREMENTS
FOR EXECUTIVE AGEN-
CIES.—Executive agencies shall—
(1) transmit digital records electronically
in accordance with section 2107 of title 44,
United States Code;
(2) charge fees for copying unidentified
anomalous phenomena records; and
(3) grant waivers of such fees pursuant to
the standards established by section 552(a)(4)
of title 5, United States Code.
SEC. ll06. GROUNDS FOR POSTPONEMENT OF
PUBLIC DISCLOSURE OF UNIDENTI-
FIED
ANOMALOUS
PHENOMENA
RECORDS.
Disclosure of unidentified anomalous phe-
nomena records or particular information in
unidentified anomalous phenomena records
to the public may be postponed subject to
the limitations of this title if there is clear
and convincing evidence that—
(1) the threat to the military defense, in-
telligence operations, or conduct of foreign
relations of the United States posed by the
public disclosure of the unidentified anoma-
lous phenomena record is of such gravity
that it outweighs the public interest in dis-
closure, and such public disclosure would re-
veal—
(A) an intelligence agent whose identity
currently requires protection;
(B) an intelligence source or method which
is currently utilized, or reasonably expected
to be utilized, by the Federal Government
and which has not been officially disclosed,
the disclosure of which would interfere with
the conduct of intelligence activities; or
(C) any other matter currently relating to
the military defense, intelligence operations,
or conduct of foreign relations of the United
States, the disclosure of which would demon-
strably and substantially impair the na-
tional security of the United States;
(2) the public disclosure of the unidentified
anomalous phenomena record would reveal
the name or identity of a living person who
provided confidential information to the
Federal Government and would pose a sub-
stantial risk of harm to that person;
(3) the public disclosure of the unidentified
anomalous phenomena record could reason-
ably be expected to constitute an unwar-
ranted invasion of personal privacy, and that
invasion of privacy is so substantial that it
outweighs the public interest; or
(4) the public disclosure of the unidentified
anomalous phenomena record would com-
promise the existence of an understanding of
confidentiality currently requiring protec-
tion between a Federal Government agent
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and a cooperating individual or a foreign
government, and public disclosure would be
so harmful that it outweighs the public in-
terest.
SEC. ll07. ESTABLISHMENT AND POWERS OF
THE
UNIDENTIFIED
ANOMALOUS
PHENOMENA
RECORDS
REVIEW
BOARD.
(a) ESTABLISHMENT.—There is established
as an independent agency a board to be
known as the ‘‘Unidentified Anomalous Phe-
nomena Records Review Board’’.
(b) APPOINTMENT.—
(1) IN
GENERAL.—The President, by and
with the advice and consent of the Senate,
shall appoint, without regard to political af-
filiation, 9 citizens of the United States to
serve as members of the Review Board to en-
sure and facilitate the review, transmission
to the Archivist, and public disclosure of
government records relating to unidentified
anomalous phenomena.
(2) PERIOD
FOR
NOMINATIONS.—(A) The
President shall make nominations to the Re-
view Board not later than 90 calendar days
after the date of the enactment of this Act.
(B) If the Senate votes not to confirm a
nomination to the Review Board, the Presi-
dent shall make an additional nomination
not later than 30 days thereafter.
(3) CONSIDERATION OF RECOMMENDATIONS.—
(A) The President shall make nominations to
the Review Board after considering persons
recommended by the following:
(i) The majority leader of the Senate.
(ii) The minority leader of the Senate.
(iii) The Speaker of the House of Rep-
resentatives.
(iv) The minority leader of the House of
Representatives.
(v) The Secretary of Defense.
(vi) The National Academy of Sciences.
(vii) The UAP Disclosure Foundation.
(viii) The American Historical Association.
(ix) Such other persons and organizations
as the President considers appropriate.
(B) If an individual or organization de-
scribed in subparagraph (A) does not rec-
ommend at least 2 nominees meeting the
qualifications stated in paragraph (5) by the
date that is 45 days after the date of the en-
actment of this Act, the President shall con-
sider
for
nomination
the
persons
rec-
ommended by the other individuals and orga-
nizations described in such subparagraph.
(C) The President may request an indi-
vidual or organization described in subpara-
graph (A) to submit additional nominations.
(4) QUALIFICATIONS.—Persons nominated to
the Review Board—
(A) shall be impartial citizens, none of
whom shall have had any previous or current
involvement with any legacy program or
controlling authority relating to the collec-
tion, exploitation, or reverse engineering of
technologies of unknown origin or the exam-
ination of biological evidence of living or de-
ceased non-human intelligence;
(B) shall be distinguished persons of high
national professional reputation in their re-
spective fields who are capable of exercising
the independent and objective judgment nec-
essary to the fulfillment of their role in en-
suring and facilitating the review, trans-
mission to the public, and public disclosure
of records related to the government’s under-
standing of, and activities associated with
unidentified anomalous phenomena, tech-
nologies of unknown origin, and non-human
intelligence and who possess an appreciation
of the value of such material to the public,
scholars, and government; and
(C) shall include at least—
(i) 1 current or former national security of-
ficial;
(ii) 1 current or former foreign service offi-
cial;
(iii) 1 scientist or engineer;
(iv) 1 economist;
(v) 1 professional historian; and
(vi) 1 sociologist.
(c) SECURITY CLEARANCES.—
(1) IN GENERAL.—All Review Board nomi-
nees shall be granted the necessary security
clearances and accesses, including any and
all relevant Presidential, departmental, and
agency special access programs, in an accel-
erated manner subject to the standard proce-
dures for granting such clearances.
(2)
QUALIFICATION
FOR
NOMINEES.—All
nominees for appointment to the Review
Board under subsection (b) shall qualify for
the necessary security clearances and ac-
cesses prior to being considered for con-
firmation by the Committee on Homeland
Security and Governmental Affairs of the
Senate.
(d) CONFIRMATION HEARINGS.—
(1) HOLDING HEARINGS.—Unless the Senate
designates a different committee of jurisdic-
tion, the Committee on Homeland Security
and Governmental Affairs of the Senate shall
hold confirmation hearings, and do so within
30 days after the first date in which the Sen-
ate is in session after the nomination of a
minimum of 3 individuals for appointment to
the Review Board, including the Executive
Director established under section ll08(a).
(2) COMMITTEE VOTING.—Unless the Senate
designates a different committee of jurisdic-
tion, the Committee on Homeland Security
and Governmental Affairs of the Senate shall
vote on the nominations, and do so within 14
days after the first date on which the Senate
is in session after the confirmation hearings,
and shall report its results to the full Senate
immediately.
(3) SENATE VOTING.—The Senate shall vote
on each nominee to confirm or reject within
14 days after the first date on which the Sen-
ate is in session after reported by the Com-
mittee on Homeland Security and Govern-
mental Affairs or by a different committee
as determined by the Senate.
(e) VACANCY.—A vacancy on the Review
Board shall be filled in the same manner as
specified for original appointment within 30
days of the occurrence of the vacancy.
(f) REMOVAL OF REVIEW BOARD MEMBER.—
(1) IN GENERAL.—No member of the Review
Board shall be removed from office, other
than—
(A) by impeachment and conviction; or
(B) by the action of the President for inef-
ficiency, neglect of duty, malfeasance in of-
fice, physical disability, mental incapacity,
or any other condition that substantially
impairs the performance of the member’s du-
ties.
(2) NOTICE OF REMOVAL.—(A) If a member of
the Review Board is removed from office,
and that removal is by the President, not
later than 10 days after the removal, the
President shall submit to the leadership of
Congress, the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate
and the Committee on Oversight and Reform
of the House of Representatives, or to alter-
native committees of jurisdiction as deter-
mined by the Senate and the House of Rep-
resentatives, a report specifying the facts
found and the grounds for the removal.
(B) The President shall publish in the Fed-
eral Register a report submitted under sub-
paragraph (A), except that the President
may, if necessary to protect the rights of a
person named in the report or to prevent
undue interference with any pending pros-
ecution, postpone or refrain from publishing
any or all of the report until the completion
of such pending cases or pursuant to privacy
protection requirements in law.
(3) JUDICIAL REVIEW.—(A) A member of the
Review Board removed from office may ob-
tain judicial review of the removal in a civil
action commenced in the United States Dis-
trict Court for the District of Columbia.
(B) The member may be reinstated or
granted other appropriate relief by order of
the court.
(g) COMPENSATION OF MEMBERS.—
(1) IN GENERAL.—A member of the Review
Board, other than the Executive Director
under section ll08(c)(1), shall be com-
pensated at a rate equal to the daily equiva-
lent of the annual rate of basic pay pre-
scribed for level IV of the Executive Sched-
ule under section 5315 of title 5, United
States Code, for each day (including travel
time) during which the member is engaged in
the performance of the duties of the Review
Board.
(2) TRAVEL
EXPENSES.—A member of the
Review Board shall be allowed reasonable
travel expenses, including per diem in lieu of
subsistence, at rates for employees of agen-
cies under subchapter I of chapter 57 of title
5, United States Code, while away from the
member’s home or regular place of business
in the performance of services for the Review
Board.
(h) DUTIES OF THE REVIEW BOARD.—
(1) IN GENERAL.—The Review Board shall
consider and render decisions on a deter-
mination by a Government office to seek to
postpone
the
disclosure
of
unidentified
anomalous phenomena records.
(2) CONSIDERATIONS AND RENDERING OF DECI-
SIONS.—In carrying out paragraph (1), the
Review Board shall consider and render deci-
sions—
(A) whether a record constitutes a uniden-
tified anomalous phenomena record; and
(B) whether a unidentified anomalous phe-
nomena record or particular information in a
record qualifies for postponement of disclo-
sure under this title.
(i) POWERS.—
(1) IN GENERAL.—The Review Board shall
have the authority to act in a manner pre-
scribed under this title, including author-
ity—
(A) to direct Government offices to com-
plete identification aids and organize un-
identified anomalous phenomena records;
(B) to direct Government offices to trans-
mit to the Archivist unidentified anomalous
phenomena records as required under this
title, including segregable portions of un-
identified anomalous phenomena records and
substitutes and summaries of unidentified
anomalous phenomena records that can be
publicly disclosed to the fullest extent;
(C)(i) to obtain access to unidentified
anomalous phenomena records that have
been identified and organized by a Govern-
ment office;
(ii) to direct a Government office to make
available to the Review Board, and if nec-
essary investigate the facts surrounding, ad-
ditional information, records, or testimony
from individuals which the Review Board has
reason to believe are required to fulfill its
functions and responsibilities under this
title; and
(iii) request the Attorney General to sub-
poena private persons to compel testimony,
records, and other information relevant to
its responsibilities under this title;
(D) require any Government office to ac-
count in writing for the destruction of any
records relating to unidentified anomalous
phenomena, technologies of unknown origin,
or non-human intelligence;
(E) receive information from the public re-
garding the identification and public disclo-
sure of unidentified anomalous phenomena
records;
(F) hold hearings, administer oaths, and
subpoena witnesses and documents;
(G) use the Federal Acquisition Service in
the same manner and under the same condi-
tions as other Executive agencies; and
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(H) use the United States mails in the
same manner and under the same conditions
as other Executive agencies.
(2) ENFORCEMENT
OF
SUBPOENA.—A sub-
poena issued under paragraph (1)(C)(iii) may
be enforced by any appropriate Federal court
acting pursuant to a lawful request of the
Review Board.
(j) WITNESS IMMUNITY.—The Review Board
shall be considered to be an agency of the
United States for purposes of section 6001 of
title 18, United States Code. Witnesses, close
observers, and whistleblowers providing in-
formation directly to the Review Board shall
also be afforded the protections provided to
such persons specified under section 1673(b)
of the James M. Inhofe National Defense Au-
thorization Act for Fiscal Year 2023 (50
U.S.C. 3373b(b)).
(k) OVERSIGHT.—
(1) SENATE.—Unless otherwise determined
by the Senate, the Committee on Homeland
Security and Governmental Affairs of the
Senate shall have continuing legislative
oversight jurisdiction in the Senate with re-
spect to the official conduct of the Review
Board and the disposition of postponed
records after termination of the Review
Board, and shall have access to any records
held or created by the Review Board.
(2) HOUSE
OF
REPRESENTATIVES.—Unless
otherwise determined appropriate by the
House of Representatives, the Committee on
Oversight and Accountability of the House of
Representatives shall have continuing legis-
lative oversight jurisdiction in the House of
Representatives with respect to the official
conduct of the Review Board and the disposi-
tion of postponed records after termination
of the Review Board, and shall have access to
any records held or created by the Review
Board.
(3) DUTY TO COOPERATE.—The Review Board
shall have the duty to cooperate with the ex-
ercise of oversight jurisdiction described in
this subsection.
(l) SUPPORT SERVICES.—The Administrator
of the General Services Administration shall
provide administrative services for the Re-
view Board on a reimbursable basis.
(m) INTERPRETIVE REGULATIONS.—The Re-
view Board may issue interpretive regula-
tions.
(n) TERMINATION AND WINDING DOWN.—
(1) IN GENERAL.—The Review Board and the
terms of its members shall terminate not
later than September 30, 2030, unless ex-
tended by Congress.
(2) REPORTS.—Upon its termination, the
Review Board shall submit to the President
and Congress reports, including a complete
and accurate accounting of expenditures dur-
ing its existence and shall complete all other
reporting requirements under this title.
(3) TRANSFER
OF
RECORDS.—Upon termi-
nation and winding down, the Review Board
shall transfer all of its records to the Archi-
vist for inclusion in the Collection, and no
record of the Review Board shall be de-
stroyed.
SEC. ll08. UNIDENTIFIED ANOMALOUS PHE-
NOMENA RECORDS REVIEW BOARD
PERSONNEL.
(a) EXECUTIVE DIRECTOR.—
(1) APPOINTMENT.—Not later than 45 days
after the date of the enactment of this Act,
the President shall appoint 1 citizen of the
United States, without regard to political af-
filiation, to the position of Executive Direc-
tor of the Review Board. This position
counts as 1 of the 9 Review Board members
under section ll07(b)(1).
(2) QUALIFICATIONS.—The person appointed
as Executive Director shall be a private cit-
izen of integrity and impartiality who—
(A) is a distinguished professional; and
(B) is not a present employee of the Fed-
eral Government; and
(C) has had no previous or current involve-
ment with any legacy program or controlling
authority relating to the collection, exploi-
tation, or reverse engineering of tech-
nologies of unknown origin or the examina-
tion of biological evidence of living or de-
ceased non-human intelligence.
(3) SECURITY CLEARANCES.—(A) A candidate
for Executive Director shall be granted all
the necessary security clearances and ac-
cesses, including to relevant Presidential
and department or agency special access and
compartmented access programs in an accel-
erated manner subject to the standard proce-
dures for granting such clearances.
(B) A candidate shall qualify for the nec-
essary security clearances and accesses prior
to being appointed by the President.
(4) FUNCTIONS.—The Executive Director
shall—
(A) serve as principal liaison to the Execu-
tive Office of the President and Congress;
(B) serve as Chairperson of the Review
Board;
(C) be responsible for the administration
and coordination of the Review Board’s re-
view of records;
(D) be responsible for the administration of
all official activities conducted by the Re-
view Board;
(E) exercise tie-breaking Review Board au-
thority to decide or determine whether any
record should be disclosed to the public or
postponed for disclosure; and
(F) retain right-of-appeal directly to the
President for decisions pertaining to execu-
tive branch unidentified anomalous phe-
nomena records for which the Executive Di-
rector and Review Board members may dis-
agree.
(5)
REMOVAL.—The
Executive
Director
shall not be removed for reasons other for
cause on the grounds of inefficiency, neglect
of duty, malfeasance in office, physical dis-
ability, mental incapacity, or any other con-
dition that substantially impairs the per-
formance of the responsibilities of the Exec-
utive Director or the staff of the Review
Board.
(b) STAFF.—
(1) IN GENERAL.—The Review Board, with-
out regard to the civil service laws, may ap-
point and terminate additional personnel as
are necessary to enable the Review Board
and its Executive Director to perform the
duties of the Review Board.
(2) QUALIFICATIONS.—Except as provided in
subparagraph (B), a person appointed to the
staff of the Review Board shall be a citizen of
integrity and impartiality who has had no
previous or current involvement with any
legacy program or controlling authority re-
lating to the collection, exploitation, or re-
verse engineering of technologies of un-
known origin or the examination of biologi-
cal evidence of living or deceased non-human
intelligence.
(3) SECURITY CLEARANCES.—(A) A candidate
for staff shall be granted the necessary secu-
rity clearances (including all necessary spe-
cial access program clearances) in an accel-
erated manner subject to the standard proce-
dures for granting such clearances.
(B)(i) The Review Board may offer condi-
tional employment to a candidate for a staff
position pending the completion of security
clearance background investigations. During
the pendency of such investigations, the Re-
view Board shall ensure that any such em-
ployee does not have access to, or responsi-
bility involving, classified or otherwise re-
stricted unidentified anomalous phenomena
record materials.
(ii) If a person hired on a conditional basis
under clause (i) is denied or otherwise does
not qualify for all security clearances nec-
essary to carry out the responsibilities of the
position for which conditional employment
has been offered, the Review Board shall im-
mediately terminate the person’s employ-
ment.
(4) SUPPORT FROM NATIONAL DECLASSIFICA-
TION CENTER.—The Archivist shall assign one
representative in full-time equivalent status
from the National Declassification Center to
advise and support the Review Board disclo-
sure postponement review process in a non-
voting staff capacity.
(c) COMPENSATION.—Subject to such rules
as may be adopted by the Review Board,
without regard to the provisions of title 5,
United States Code, governing appointments
in the competitive service and without re-
gard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating
to classification and General Schedule pay
rates—
(1) the Executive Director shall be com-
pensated at a rate not to exceed the rate of
basic pay for level II of the Executive Sched-
ule and shall serve the entire tenure as one
full-time equivalent; and
(2) the Executive Director shall appoint
and fix compensation of such other personnel
as may be necessary to carry out this title.
(d) ADVISORY COMMITTEES.—
(1) AUTHORITY.—The Review Board may
create advisory committees to assist in ful-
filling the responsibilities of the Review
Board under this title.
(2) FACA.—Any advisory committee cre-
ated by the Review Board shall be subject to
chapter 10 of title 5, United States Code.
(e) SECURITY CLEARANCE REQUIRED.—An in-
dividual employed in any position by the Re-
view Board (including an individual ap-
pointed as Executive Director) shall be re-
quired to qualify for any necessary security
clearance prior to taking office in that posi-
tion, but may be employed conditionally in
accordance with subsection (b)(3)(B) before
qualifying for that clearance.
SEC. ll09. REVIEW OF RECORDS BY THE UN-
IDENTIFIED
ANOMALOUS
PHE-
NOMENA RECORDS REVIEW BOARD.
(a) CUSTODY OF RECORDS REVIEWED BY RE-
VIEW BOARD.—Pending the outcome of a re-
view of activity by the Review Board, a Gov-
ernment office shall retain custody of its un-
identified anomalous phenomena records for
purposes of preservation, security, and effi-
ciency, unless—
(1) the Review Board requires the physical
transfer of records for reasons of conducting
an independent and impartial review; or
(2) such transfer is necessary for an admin-
istrative hearing or other official Review
Board function.
(b) STARTUP REQUIREMENTS.—The Review
Board shall—
(1) not later than 90 days after the date of
its appointment, publish a schedule in the
Federal Register for review of all unidenti-
fied anomalous phenomena records;
(2) not later than 180 days after the date of
the enactment of this Act, begin its review
of
unidentified
anomalous
phenomena
records under this title; and
(3) periodically thereafter as warranted,
but not less frequently than semiannually,
publish a revised schedule in the Federal
Register addressing the review and inclusion
of any unidentified anomalous phenomena
records subsequently discovered.
(c)
DETERMINATIONS
OF
THE
REVIEW
BOARD.—
(1) IN GENERAL.—The Review Board shall
direct that all unidentified anomalous phe-
nomena records be transmitted to the Archi-
vist and disclosed to the public in the Collec-
tion in the absence of clear and convincing
evidence that—
(A) a Government record is not an uniden-
tified anomalous phenomena record; or
(B) a Government record, or particular in-
formation within an unidentified anomalous
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phenomena record, qualifies for postpone-
ment of public disclosure under this title.
(2) REQUIREMENTS.—In approving postpone-
ment of public disclosure of a unidentified
anomalous phenomena record, the Review
Board shall seek to—
(A) provide for the disclosure of segregable
parts, substitutes, or summaries of such a
record; and
(B) determine, in consultation with the
originating body and consistent with the
standards for postponement under this title,
which of the following alternative forms of
disclosure shall be made by the originating
body:
(i) Any reasonably segregable particular
information in a unidentified anomalous
phenomena record.
(ii) A substitute record for that informa-
tion which is postponed.
(iii) A summary of a unidentified anoma-
lous phenomena record.
(3)
CONTROLLED
DISCLOSURE
CAMPAIGN
PLAN.—With respect to unidentified anoma-
lous phenomena records, particular informa-
tion in unidentified anomalous phenomena
records, recovered technologies of unknown
origin, and biological evidence for non-
human intelligence the public disclosure of
which is postponed pursuant to section
ll06, or for which only substitutions or
summaries have been disclosed to the public,
the Review Board shall create and transmit
to the President and to the Archivist a Con-
trolled Disclosure Campaign Plan, with clas-
sified appendix, containing—
(A) a description of actions by the Review
Board, the originating body, the President,
or any Government office (including a jus-
tification of any such action to postpone dis-
closure of any record or part of any record)
and of any official proceedings conducted by
the Review Board with regard to specific un-
identified anomalous phenomena records;
and
(B) a benchmark-driven plan, based upon a
review of the proceedings and in conformity
with the decisions reflected therein, recom-
mending precise requirements for periodic
review, downgrading, and declassification as
well as the exact time or specified occur-
rence following which each postponed item
may be appropriately disclosed to the public
under this title.
(4) NOTICE FOLLOWING REVIEW AND DETER-
MINATION.—(A) Following its review and a de-
termination that a unidentified anomalous
phenomena record shall be publicly disclosed
in the Collection or postponed for disclosure
and held in the protected Collection, the Re-
view Board shall notify the head of the origi-
nating body of the determination of the Re-
view Board and publish a copy of the deter-
mination in the Federal Register within 14
days after the determination is made.
(B) Contemporaneous notice shall be made
to the President for Review Board deter-
minations regarding unidentified anomalous
phenomena records of the executive branch
of the Federal Government, and to the over-
sight committees designated in this title in
the case of records of the legislative branch
of the Federal Government. Such notice
shall contain a written unclassified justifica-
tion for public disclosure or postponement of
disclosure, including an explanation of the
application of any standards contained in
section ll06.
(d) PRESIDENTIAL AUTHORITY OVER REVIEW
BOARD DETERMINATION.—
(1) PUBLIC DISCLOSURE OR POSTPONEMENT OF
DISCLOSURE.—After the Review Board has
made a formal determination concerning the
public disclosure or postponement of disclo-
sure of an unidentified anomalous phe-
nomena record of the executive branch of the
Federal Government or information within
such a record, or of any information con-
tained in a unidentified anomalous phe-
nomena record, obtained or developed solely
within the executive branch of the Federal
Government, the President shall—
(A) have the sole and nondelegable author-
ity to require the disclosure or postpone-
ment of such record or information under
the standards set forth in section ll06; and
(B) provide the Review Board with both an
unclassified and classified written certifi-
cation specifying the President’s decision
within 30 days after the Review Board’s de-
termination and notice to the executive
branch agency as required under this title,
stating the justification for the President’s
decision, including the applicable grounds
for postponement under section ll06, ac-
companied by a copy of the identification aid
required under section ll04.
(2) PERIODIC REVIEW.—(A) Any unidentified
anomalous phenomena record postponed by
the President shall henceforth be subject to
the requirements of periodic review, down-
grading, declassification, and public disclo-
sure in accordance with the recommended
timeline and associated requirements speci-
fied in the Controlled Disclosure Campaign
Plan unless these conflict with the standards
set forth in section ll06.
(B) This paragraph supersedes all prior de-
classification review standards that may pre-
viously have been deemed applicable to un-
identified anomalous phenomena records.
(3) RECORD
OF
PRESIDENTIAL
POSTPONE-
MENT.—The Review Board shall, upon its re-
ceipt—
(A) publish in the Federal Register a copy
of any unclassified written certification,
statement, and other materials transmitted
by or on behalf of the President with regard
to postponement of unidentified anomalous
phenomena records; and
(B) revise or amend recommendations in
the Controlled Disclosure Campaign Plan ac-
cordingly.
(e) NOTICE TO PUBLIC.—Every 30 calendar
days, beginning on the date that is 60 cal-
endar days after the date on which the Re-
view Board first approves the postponement
of disclosure of a unidentified anomalous
phenomena record, the Review Board shall
publish in the Federal Register a notice that
summarizes the postponements approved by
the Review Board or initiated by the Presi-
dent, the Senate, or the House of Represent-
atives, including a description of the subject,
originating agency, length or other physical
description, and each ground for postpone-
ment that is relied upon to the maximum ex-
tent classification restrictions permitting.
(f) REPORTS BY THE REVIEW BOARD.—
(1) IN GENERAL.—The Review Board shall
report its activities to the leadership of Con-
gress, the Committee on Homeland Security
and Governmental Affairs of the Senate, the
Committee on Oversight and Reform of the
House of Representatives, the President, the
Archivist, and the head of any Government
office whose records have been the subject of
Review Board activity.
(2) FIRST REPORT.—The first report shall be
issued on the date that is 1 year after the
date of enactment of this Act, and subse-
quent reports every 1 year thereafter until
termination of the Review Board.
(3) CONTENTS.—A report under paragraph
(1) shall include the following information:
(A) A financial report of the expenses for
all official activities and requirements of the
Review Board and its personnel.
(B) The progress made on review, trans-
mission to the Archivist, and public disclo-
sure of unidentified anomalous phenomena
records.
(C) The estimated time and volume of un-
identified anomalous phenomena records in-
volved in the completion of the Review
Board’s performance under this title.
(D) Any special problems, including re-
quests and the level of cooperation of Gov-
ernment offices, with regard to the ability of
the Review Board to operate as required by
this title.
(E) A record of review activities, including
a record of postponement decisions by the
Review Board or other related actions au-
thorized by this title, and a record of the vol-
ume of records reviewed and postponed.
(F) Suggestions and requests to Congress
for additional legislative authority needs.
(4) COPIES
AND
BRIEFS.—Coincident with
the reporting requirements in paragraph (2),
or more frequently as warranted by new in-
formation, the Review Board shall provide
copies to, and fully brief, at a minimum the
President, the Archivist, leadership of Con-
gress, and the Chairs and Chairmen, as the
case may be, and Ranking Members and Vice
Chairmen, as the case may be, of such other
committees as leadership of Congress deter-
mines appropriate on the Controlled Disclo-
sure Campaign Plan, classified appendix, and
postponed disclosures, specifically address-
ing—
(A) recommendations for periodic review,
downgrading, and declassification as well as
the exact time or specified occurrence fol-
lowing which specific unidentified anoma-
lous phenomena records and material may be
appropriately disclosed;
(B) the rationale behind each postpone-
ment determination and the recommended
means to achieve disclosure of each post-
poned item;
(C) any other findings that the Review
Board chooses to offer; and
(D) an addendum containing copies of re-
ports of postponed records to the Archivist
required under subsection (c)(3) made since
the date of the preceding report under this
subsection.
(5) NOTICE.—At least 90 calendar days be-
fore completing its work, the Review Board
shall provide written notice to the President
and Congress of its intention to terminate
its operations at a specified date.
(6) BRIEFING THE ALL-DOMAIN ANOMALY RES-
OLUTION OFFICE.—Coincident with the provi-
sion in paragraph (5), if not accomplished
earlier under paragraph (4), the Review
Board shall brief the All-domain Anomaly
Resolution Office established pursuant to
section 1683 of the National Defense Author-
ization Act for Fiscal Year 2022 (50 U.S.C.
3373), or its successor, as subsequently des-
ignated by Act of Congress, on the Con-
trolled Disclosure Campaign Plan, classified
appendix, and postponed disclosures.
SEC. ll10. DISCLOSURE OF RECOVERED TECH-
NOLOGIES
OF
UNKNOWN
ORIGIN
AND
BIOLOGICAL
EVIDENCE
OF
NON-HUMAN INTELLIGENCE.
(a) EXERCISE
OF
EMINENT
DOMAIN.—The
Federal Government shall exercise eminent
domain over any and all recovered tech-
nologies of unknown origin and biological
evidence of non-human intelligence that
may be controlled by private persons or enti-
ties in the interests of the public good.
(b) AVAILABILITY TO REVIEW BOARD.—Any
and all such material, should it exist, shall
be made available to the Review Board for
personal examination and subsequent disclo-
sure determination at a location suitable to
the controlling authority of said material
and in a timely manner conducive to the ob-
jectives of the Review Board in accordance
with the requirements of this title.
(c) ACTIONS OF REVIEW BOARD.—In carrying
out subsection (b), the Review Board shall
consider and render decisions—
(1) whether the material examined con-
stitutes technologies of unknown origin or
biological evidence of non-human intel-
ligence beyond a reasonable doubt;
(2) whether recovered technologies of un-
known origin, biological evidence of non-
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CONGRESSIONAL RECORD — SENATE
S2959
July 13, 2023
human intelligence, or a particular subset of
material qualifies for postponement of dis-
closure under this title; and
(3) what changes, if any, to the current dis-
position of said material should the Federal
Government make to facilitate full disclo-
sure.
(d) REVIEW BOARD ACCESS
TO TESTIMONY
AND
WITNESSES.—The Review Board shall
have access to all testimony from unidenti-
fied anomalous phenomena witnesses, close
observers and legacy program personnel and
whistleblowers within the Federal Govern-
ment’s possession as of and after the date of
the enactment of this Act in furtherance of
Review Board disclosure determination re-
sponsibilities in section ll07(h) and sub-
section (c) of this section.
(e)
SOLICITATION
OF
ADDITIONAL
WIT-
NESSES.—The Review Board shall solicit ad-
ditional unidentified anomalous phenomena
witness and whistleblower testimony and af-
ford protections under section 1673(b) of the
James M. Inhofe National Defense Author-
ization Act for Fiscal Year 2023 (50 U.S.C.
3373b(b)) if deemed beneficial in fulfilling Re-
view Board responsibilities under this title.
SEC. ll11. DISCLOSURE OF OTHER MATERIALS
AND ADDITIONAL STUDY.
(a) MATERIALS UNDER SEAL OF COURT.—
(1) INFORMATION
HELD
UNDER
SEAL
OF
A
COURT.—The Review Board may request the
Attorney General to petition any court in
the United States or abroad to release any
information relevant to unidentified anoma-
lous phenomena, technologies of unknown
origin, or non-human intelligence that is
held under seal of the court.
(2) INFORMATION HELD UNDER INJUNCTION OF
SECRETARY OF GRAND JURY.—(A) The Review
Board may request the Attorney General to
petition any court in the United States to
release any information relevant to uniden-
tified anomalous phenomena, technologies of
unknown origin, or non-human intelligence
that is held under the injunction of secrecy
of a grand jury.
(B) A request for disclosure of unidentified
anomalous phenomena, technologies of un-
known origin, and non-human intelligence
materials under this title shall be deemed to
constitute a showing of particularized need
under rule 6 of the Federal Rules of Criminal
Procedure.
(b) SENSE OF CONGRESS.—It is the sense of
the Congress that—
(1) the Attorney General should assist the
Review Board in good faith to unseal any
records that the Review Board determines to
be relevant and held under seal by a court or
under the injunction of secrecy of a grand
jury;
(2) the Secretary of State should contact
any foreign government that may hold mate-
rial relevant to unidentified anomalous phe-
nomena, technologies of unknown origin, or
non-human intelligence and seek disclosure
of such material; and
(3) all heads of Executive agencies should
cooperate in full with the Review Board to
seek the disclosure of all material relevant
to unidentified anomalous phenomena, tech-
nologies of unknown origin, and non-human
intelligence consistent with the public inter-
est.
SEC. ll12. RULES OF CONSTRUCTION.
(a) PRECEDENCE OVER OTHER LAW.—When
this title requires transmission of a record to
the Archivist or public disclosure, it shall
take precedence over any other provision of
law (except section 6103 of the Internal Rev-
enue Code of 1986 specifying confidentiality
and disclosure of tax returns and tax return
information), judicial decision construing
such provision of law, or common law doc-
trine that would otherwise prohibit such
transmission or disclosure, with the excep-
tion of deeds governing access to or transfer
or release of gifts and donations of records to
the United States Government.
(b) FREEDOM OF INFORMATION ACT.—Noth-
ing in this title shall be construed to elimi-
nate or limit any right to file requests with
any executive agency or seek judicial review
of the decisions pursuant to section 552 of
title 5, United States Code.
(c) JUDICIAL REVIEW.—Nothing in this title
shall be construed to preclude judicial re-
view, under chapter 7 of title 5, United
States Code, of final actions taken or re-
quired to be taken under this title.
(d) EXISTING AUTHORITY.—Nothing in this
title revokes or limits the existing authority
of the President, any executive agency, the
Senate, or the House of Representatives, or
any other entity of the Federal Government
to publicly disclose records in its possession.
(e) RULES
OF
THE SENATE
AND HOUSE
OF
REPRESENTATIVES.—To the extent that any
provision of this title establishes a procedure
to be followed in the Senate or the House of
Representatives, such provision is adopted—
(1) as an exercise of the rulemaking power
of the Senate and House of Representatives,
respectively, and is deemed to be part of the
rules of each House, respectively, but appli-
cable only with respect to the procedure to
be followed in that House, and it supersedes
other rules only to the extent that it is in-
consistent with such rules; and
(2) with full recognition of the constitu-
tional right of either House to change the
rules (so far as they relate to the procedure
of that House) at any time, in the same man-
ner, and to the same extent as in the case of
any other rule of that House.
SEC. ll13. TERMINATION OF EFFECT OF TITLE.
(a) PROVISIONS PERTAINING TO THE REVIEW
BOARD.—The provisions of this title that per-
tain to the appointment and operation of the
Review Board shall cease to be effective
when the Review Board and the terms of its
members have terminated pursuant to sec-
tion ll07(n).
(b) OTHER PROVISIONS.—(1) The remaining
provisions of this title shall continue in ef-
fect until such time as the Archivist certifies
to the President and Congress that all un-
identified anomalous phenomena records
have been made available to the public in ac-
cordance with this title.
(2) In facilitation of the provision in para-
graph (1), the All-domain Anomaly Resolu-
tion Office established pursuant to section
1683 of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373), or
its successor as subsequently designated by
Act of Congress, shall develop standardized
unidentified anomalous phenomena declas-
sification guidance applicable to any and all
unidentified anomalous phenomena records
generated by originating bodies subsequent
to termination of the Review Board con-
sistent with the requirements and intent of
the Controlled Disclosure Campaign Plan
with respect to unidentified anomalous phe-
nomena records originated prior to Review
Board termination.
SEC. ll14. AUTHORIZATION OF APPROPRIA-
TIONS.
(a) IN GENERAL.—There is authorized to be
appropriated to carry out the provisions of
this title $20,000,000 for fiscal year 2024.
(b) INTERIM FUNDING.—Until such time as
funds are appropriated pursuant to sub-
section (a), the President may use such sums
as are available for discretionary use to
carry out this title.
SEC. ll15. SEVERABILITY.
If any provision of this title or the applica-
tion thereof to any person or circumstance is
held invalid, the remainder of this title and
the application of that provision to other
persons not similarly situated or to other
circumstances shall not be affected by the
invalidation.
SA 798. Mr. OSSOFF (for himself and
Mr. ROUNDS) submitted an amendment
intended to be proposed by him to the
bill S. 2226, to authorize appropriations
for fiscal year 2024 for military activi-
ties of the Department of Defense, for
military construction, and for defense
activities of the Department of Energy,
to
prescribe
military
personnel
strengths for such fiscal year, and for
other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place in title V, insert
the following:
SEC. 5ll. PROVISION OF FOOD ASSISTANCE
PROGRAM INFORMATION AS PART
OF TRANSITION ASSISTANCE PRO-
GRAM.
Section 1142(b) of title 10, United States
Code, is amended by adding at the end the
following new paragraph:
‘‘(20) Information, counseling, and applica-
tion assistance, developed and provided in
consultation with the Secretary of Agri-
culture, regarding the supplemental nutri-
tion assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.), the special supplemental nutri-
tion program for women, infants, and chil-
dren established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), and any
other Federal food and nutrition assistance
program administered by the Secretary of
Agriculture.’’.
SA 799. Mr. OSSOFF submitted an
amendment intended to be proposed by
him to the bill S. 2226, to authorize ap-
propriations for fiscal year 2024 for
military activities of the Department
of Defense, for military construction,
and for defense activities of the De-
partment of Energy, to prescribe mili-
tary personnel strengths for such fiscal
year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title VIII, in-
sert the following:
SEC. ll. MODIFICATION OF COMMERCIAL ITEM
EXCEPTION TO CERTIFIED COST OR
PRICING DATA REQUIREMENTS.
Section 3703(a)(2) of title 10, United States
Code, is amended by inserting ‘‘other than
through a sole source acquisition of a com-
mercial product or service that is not a com-
mercially available off-the-shelf item (as
that term is defined in section 104 of title
41)’’ after ‘‘commercial product or a commer-
cial service’’.
SA 800. Ms. CORTEZ MASTO (for
herself, Mr. DAINES, Ms. ROSEN, and
Ms. ERNST) submitted an amendment
intended to be proposed by her to the
bill S. 2226, to authorize appropriations
for fiscal year 2024 for military activi-
ties of the Department of Defense, for
military construction, and for defense
activities of the Department of Energy,
to
prescribe
military
personnel
strengths for such fiscal year, and for
other purposes; which was ordered to
lie on the table; as follows:
At the end of subtitle A of title XII, add
the following:
SEC. 1213. REPORT ON COORDINATION WITH PRI-
VATE ENTITIES AND STATE GOVERN-
MENTS
WITH
RESPECT
TO
THE
STATE PARTNERSHIP PROGRAM.
(a) IN GENERAL.— The Secretary of Defense
shall submit to Congress a report on the fea-
sibility of coordinating with private entities
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Record

Author / institution: U.S. Congress / Congressional Record
Date: 2023
Source type: Legislative text
Used for: Eminent domain proposal for alleged privately held materials
Limitations: Legislative language is not evidence that materials exist

Link

https://www.govinfo.gov/content/pkg/CREC-2023-07-13/html/CREC-2023-07-13-pt1-PgS2953.htm

From the workbook: the Source Library sheet.