Rounds-Schumer UAP Disclosure Act: Difference between revisions

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Created page with " From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] SA 2610. Mr. ROUNDS (for himself and Mr. Schumer) submitted an amendment intended to be proposed by him to the bill S. 4638, to authorize appropriations for fiscal year 2025 for military activities 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..."
 
 
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#REDIRECT [[https://kb42.info/index.php?title=Unidentified Anomalous Phenomena Disclosure Act (UAPDA)]]
 
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
 
  SA 2610. Mr. ROUNDS (for himself and Mr. Schumer) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
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, insert the following:
 
        DIVISION _--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE
 
    SEC. __01. SHORT TITLE.
 
      This division may be cited as the ``Unidentified Anomalous
    Phenomena Disclosure Act of 2024'' or the ``UAP Disclosure
    Act of 2024''.
 
    SEC. __02. FINDINGS, DECLARATIONS, AND PURPOSES.
 
      (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
    historical and Federal Government purposes.
      (2) All Federal Government records concerning unidentified
    anomalous phenomena should carry a presumption of immediate
    disclosure and all records should be eventually disclosed to
    enable the public to become fully informed about the history
    of the Federal Government's knowledge and involvement
    surrounding unidentified anomalous phenomena.
      (3) Legislation is necessary to create an enforceable,
    independent, and accountable process for the public
    disclosure of such records.
      (4) Legislation is necessary because credible evidence and
    testimony indicates that Federal Government unidentified
    anomalous phenomena records exist that have not been
    declassified or subject to mandatory declassification 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 Energy Act of 1954 (42
    U.S.C. 2011 et seq.), as well as an over-broad interpretation
    of ``transclassified foreign nuclear information'', 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 proven inadequate in achieving
    the timely public disclosure of Government unidentified
    anomalous phenomena records that are subject to mandatory
    declassification review.
      (6) Legislation is necessary to restore proper oversight
    over unidentified anomalous phenomena records by elected
    officials in both the executive and legislative branches of
    the Federal Government that has otherwise been lacking as of
    the enactment of this Act.
      (7) Legislation is necessary to afford complete and timely
    access to all knowledge gained by the Federal Government
    concerning unidentified anomalous phenomena in furtherance of
    comprehensive open scientific and technological research and
    development essential to avoiding or mitigating potential
    technological surprise in furtherance of urgent national
    security concerns and the public interest.
      (b) Purposes.--The purposes of this division are--
      (1) to provide for the creation of the unidentified
    anomalous phenomena Records Collection at the National
    Archives and Records Administration; and
      (2) to require the expeditious public transmission to the
    Archivist and public disclosure of such records.
 
    SEC. __03. DEFINITIONS.
 
      In this division:
      (1) Archivist.--The term ``Archivist'' means the Archivist
    of the United States.
      (2) Close observer.--The term ``close observer'' 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 Phenomena Records Collection
    established under section __04.
      (4) Controlled disclosure campaign plan.--The term
    ``Controlled Disclosure Campaign Plan'' means the Controlled
    Disclosure Campaign Plan required by section __09(c)(3).
      (5) Controlling authority.--The term ``controlling
    authority'' means any Federal, State, or local government
    department, office, agency, committee, commission, commercial
    company, academic institution, or private sector entity in
    physical possession of technologies of unknown origin or
    biological evidence of non-human intelligence.
      (6) Director.--The term ``Director'' means the Director of
    the Office of Government Ethics.
      (7) Executive agency.--The term ``Executive agency'' means
    an Executive agency, as defined in subsection 552(f) of title
    5, United States Code.
      (8) Government office.--The term ``Government office''
    means any department, office, agency, committee, or
    commission of the Federal Government and any independent
    office or agency without exception that has possession or
    control, including via contract or other agreement, of
    unidentified anomalous phenomena records.
      (9) Identification aid.--The term ``identification aid''
    means the written description prepared for each record, as
    required in section __04.
      (10) 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 Representatives; and
      (D) the minority leader of the House of Representatives.
      (11) Legacy program.--The term ``legacy program'' means all
    Federal, State, and local government, commercial industry,
    academic, and private sector endeavors to collect, exploit,
    or reverse engineer technologies of unknown origin or examine
    biological evidence of living or deceased non-human
    intelligence that pre-dates the date of the enactment of this
    Act.
      (12) National archives.--The term ``National Archives''
    means the National Archives and Records Administration and
    all components thereof, including presidential archival
    depositories established under section 2112 of title 44,
    United States Code.
      (13) Non-human intelligence.--The term ``non-human
    intelligence'' means any sentient intelligent non-human
    lifeform regardless of nature or ultimate origin that may be
    presumed responsible for unidentified anomalous phenomena or
    of which the Federal Government has become aware.
      (14) Originating body.--The term ``originating body'' means
    the Executive agency, Federal Government commission,
    committee of Congress, or other Governmental entity that
    created a record or particular information within a record.
      (15) Prosaic attribution.--The term ``prosaic attribution''
    means having a human (either foreign or domestic) origin and
    operating according to current, proven, and generally
    understood scientific and engineering principles and
    established laws-of-nature and not attributable to non-human
    intelligence.
      (16) 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 purpose of fully informing
    the people of the United States about the history of the
    Federal Government's knowledge and involvement surrounding
    unidentified anomalous phenomena.
      (17) Record.--The term ``record'' includes a book, paper,
    report, memorandum, directive, email, text, or other form of
    communication, or map, photograph, sound or video recording,
    machine-readable material, computerized, digitized, or
    electronic information, including intelligence, surveillance,
    reconnaissance, and target acquisition sensor data,
    regardless of the medium on which it is stored, or other
    documentary material, regardless of its physical form or
    characteristics.
      (18) Review board.--The term ``Review Board'' means the
    Unidentified Anomalous Phenomena Records Review Board
    established by section __07.
      (19) Technologies of unknown origin.--The term
    ``technologies of unknown origin'' means any materials or
    meta-materials, ejecta, crash debris, mechanisms, machinery,
    equipment, assemblies or sub-assemblies, engineering models
    or processes, damaged or intact aerospace vehicles, and
    damaged 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.
      (20) Temporarily non-attributed objects.--
      (A) In general.--The term ``temporarily non-attributed
    objects'' means the class of objects that temporarily resist
    prosaic attribution by the initial observer as a result of
    environmental or system limitations associated with the
    observation process that nevertheless ultimately have an
    accepted human origin or known physical cause. Although some
    unidentified anomalous phenomena may at first be interpreted
    as temporarily 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;
 
[[Page S4944]]
 
      (ii) mundane human-made airborne objects, 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.
      (21) Third agency.--The term ``third agency'' means a
    Government agency that originated a unidentified anomalous
    phenomena record that is in the possession of another
    Government agency.
      (22) Unidentified anomalous phenomena.--
      (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 properties not previously known to be
    achievable based upon commonly accepted physical principles.
    Unidentified anomalous phenomena are differentiated from both
    attributed and temporarily non-attributed objects by one or
    more of the following observables:
      (i) Instantaneous acceleration absent apparent 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 aerodynamic
    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).
      (23) Unidentified anomalous phenomena record.--The term
    ``unidentified anomalous phenomena record'' means a record
    that is related to unidentified anomalous phenomena,
    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-attributed
    objects) that was created or made available 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 progenitors, the
    Department of War and the Department of the Navy;
      (C) the Department of the Army;
      (D) the Department of the Navy;
      (E) the Department of the Air Force, specifically the Air
    Force Office of Special Investigations;
      (F) the Department of Energy and its progenitors, the
    Manhattan Project, the Atomic Energy Commission, and the
    Energy Research 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 Administration;
      (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 department, office,
    agency, committee, or commission that provided support or
    assistance or performed work, in connection with a Federal
    inquiry into unidentified anomalous phenomena, technologies
    of unknown origin, or non-human intelligence; and
      (X) any private sector person or entity formerly or
    currently under contract or some other agreement with the
    Federal Government.
 
    SEC. __04. UNIDENTIFIED ANOMALOUS PHENOMENA 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
    Archives 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-provided, or Government-funded records
    relating 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 objects), which shall
    be transmitted to the National 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 Collection.
      (2) Contents.--The Collection shall include the following:
      (A) All unidentified anomalous phenomena records,
    regardless of age or date of creation--
      (i) that have been transmitted to the National 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 postponed under this
    Act.
      (B) A central directory comprised of identification aids
    created for each record transmitted to the Archivist under
    section __05.
      (C) All Review Board records as required by this Act.
      (b) Disclosure of Records.--All unidentified anomalous
    phenomena records transmitted to the National Archives for
    disclosure to the public shall--
      (1) be included in the Collection; and
      (2) be available to the public--
      (A) for inspection and copying at the National Archives
    within 30 days after their transmission to the National
    Archives; and
      (B) digitally via the National Archives online database
    within a reasonable amount of time not to exceed 180 days
    thereafter.
      (c) Fees for Copying.--
      (1) In general.--The Archivist shall--
      (A) charge fees for copying unidentified anomalous
    phenomena records; and
      (B) grant waivers of such fees pursuant to the standards
    established by section 552(a)(4) of title 5, United States
    Code.
      (2) Amount of fees.--The amount of a fee charged by the
    Archivist pursuant to paragraph (1)(A) for the copying of an
    unidentified anomalous phenomena record shall be such amount
    as the Archivist determines appropriate to cover the costs
    incurred by the National Archives in making and providing
    such copy, except that in no case may the amount of the fee
    charged exceed the actual expenses incurred by the National
    Archives in making and providing such copy.
      (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
    Archives 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 Archives, in consultation with the
    National Archives Information Security Oversight Office,
    shall establish a program to ensure the security of the
    postponed unidentified anomalous phenomena records in the
    protected, and yet-to-be disclosed or classified portion of
    the Collection.
      (e) Oversight.--
      (1) Senate.--The Committee on Homeland Security and
    Governmental Affairs of the Senate shall have continuing
    legislative oversight jurisdiction in the Senate with respect
    to the Collection.
      (2) House of representatives.--The Committee on Oversight
    and Accountability of the House of Representatives shall have
    continuing legislative oversight jurisdiction in the House of
    Representatives with respect to the Collection.
 
    SEC. __05. REVIEW, IDENTIFICATION, TRANSMISSION TO THE
                  NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
                  UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY
                  GOVERNMENT 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 relating to unidentified anomalous phenomena; and
      (B) prepare such records for transmission to the Archivist
    for inclusion in the Collection.
      (2) Prohibitions.--(A) No unidentified anomalous phenomena
    record shall be destroyed, 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, postponed
    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 __06) shall be withheld, redacted, postponed for
    public disclosure, or reclassified.
      (b) Custody of Unidentified Anomalous Phenomena Records
    Pending Review.--During the review by the heads of Government
    offices under subsection (c) and pending review activity by
    the Review Board, each head of a Government office shall
    retain custody of the unidentified anomalous phenomena
    records of the office for purposes of preservation, security,
    and efficiency, unless--
      (1) the Review Board requires the physical transfer of the
    records for purposes of conducting an independent and
    impartial review;
      (2) transfer is necessary for an administrative hearing or
    other Review Board function; or
 
[[Page S4945]]
 
      (3) it is a third agency record described in subsection
    (c)(2)(C).
      (c) Review by Heads of Government Offices.--
      (1) In general.--Not later than 300 days after the date of
    the enactment of this Act, each head of a Government office
    shall review, identify, and organize each unidentified
    anomalous phenomena record in the custody 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 paragraph (1), the head
    of a Government office shall--
      (A) determine which of the records of the office are
    unidentified anomalous phenomena records;
      (B) determine which of the unidentified anomalous phenomena
    records of the office have been officially disclosed or made
    publicly 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
      (ii) transmit to a third agency or other Government office
    those records, or particular 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 postponement of public
    disclosure under this division; and
      (ii) specify on the identification aid required by
    subsection (d) the applicable postponement provision
    contained in section __06;
      (E) organize and make available to the Review Board all
    unidentified anomalous phenomena records identified under
    subparagraph (D) the public disclosure of, which in-whole or
    in-part, may be postponed under this division;
      (F) organize and make available to the Review Board any
    record concerning which the office has any uncertainty as to
    whether the record is an unidentified anomalous phenomena
    record governed by this division;
      (G) give precedence of work to--
      (i) the identification, review, and transmission of
    unidentified anomalous phenomena records not already publicly
    available or disclosed as of the date of the enactment of
    this Act;
      (ii) the identification, review, and transmission of all
    records that most unambiguously and definitively pertain to
    unidentified anomalous phenomena, technologies of unknown
    origin, and non-human intelligence;
      (iii) the identification, review, and transmission of
    unidentified anomalous phenomena records that on the date of
    the enactment of this Act are the subject of litigation under
    section 552 of title 5, United States Code; and
      (iv) the identification, review, and transmission of
    unidentified anomalous phenomena 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 review
    under this division.
      (3) Priority of expedited review for directors of certain
    archival depositories.--The Director of each archival
    depository established under section 2112 of title 44, United
    States Code, shall have as a priority the expedited review
    for public disclosure of unidentified anomalous phenomena
    records in the possession and custody of the depository, and
    shall make such records available to the Review Board as
    required by this division.
      (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 anomalous
    phenomena record subject to review under this division
    whether in hardcopy (physical), 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 division where ever and how ever stored in
    hardcopy (physical), softcopy (electronic), or digitized data
    format.
      (2) Requirements for government offices.--Upon completion
    of an identification aid using the standard form of
    identification prepared and made available under subparagraph
    (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 phenomena
    record, the identification aid describes;
      (B) transmit to the Review Board a printed copy for each
    physical unidentified anomalous phenomena record and an
    electronic copy for each softcopy or digitized data
    unidentified 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 phenomena
    record the identification aid describes, 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 additional review by
    the Review Board or another authorized office under this
    division, and shall not be required to have such an
    identification aid unless required by the Archivist.
      (e) Transmission to the National Archives.--Each head of a
    Government office shall--
      (1) transmit to the Archivist, and make immediately
    available to the public, all unidentified 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
    division; and
      (2) transmit to the Archivist upon approval for
    postponement by the Review Board or upon completion of other
    action authorized by this division, all unidentified
    anomalous phenomena records of the Government office the
    public disclosure of which has been postponed, in whole or in
    part, under the standards of this division, to become part of
    the protected, yet-to-be disclosed, or classified portion of
    the Collection.
      (f) Custody of Postponed Unidentified Anomalous Phenomena
    Records.--An unidentified anomalous phenomena record the
    public disclosure of which has been postponed shall, pending
    transmission to the Archivist, be held for reasons of
    security and preservation by the originating body until such
    time as the information security program has been established
    at the National Archives as required in section __04(d)(2).
      (g) Periodic Review of Postponed Unidentified Anomalous
    Phenomena Records.--
      (1) In general.--All postponed or redacted records shall be
    reviewed periodically by the originating agency and the
    Archivist consistent with the recommendations of the Review
    Board in the Controlled Disclosure Campaign Plan under
    section __09(c)(3)(B).
      (2) Requirements.--(A) A periodic review under paragraph
    (1) shall address the public disclosure of additional
    unidentified anomalous phenomena records in the Collection
    under the standards of this division.
      (B) All postponed unidentified anomalous phenomena records
    determined to require continued postponement shall require an
    unclassified 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 Campaign 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 __09(d)(1).
      (D) The periodic review of postponed unidentified anomalous
    phenomena records shall serve to downgrade and declassify
    security classified information.
      (E) Each unidentified anomalous phenomena 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 certifies, as required by this division,
    that--
      (i) continued postponement is made necessary by an
    identifiable harm to the military defense, intelligence
    operations, law enforcement, or conduct of foreign relations;
    and
      (ii) the identifiable harm is of such gravity that it
    outweighs the public interest in disclosure.
      (h) Requirements for Executive Agencies.--
      (1) In general.--Executive agencies shall--
      (A) transmit digital records electronically in accordance
    with section 2107 of title 44, United States Code;
      (B) charge fees for copying unidentified anomalous
    phenomena records; and
      (C) grant waivers of such fees pursuant to the standards
    established by section 552(a)(4) of title 5, United States
    Code.
      (2) Amount of fees.--The amount of a fee charged by the
    head of an Executive agency pursuant to paragraph (1)(B) for
    the copying of an unidentified anomalous phenomena record
    shall be such amount as the head determines appropriate to
    cover the costs incurred by the Executive agency in making
    and providing such copy, except that in no case may the
    amount of the fee charged exceed the actual expenses incurred
    by the Executive agency in making and providing such copy.
 
    SEC. __06. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
                  UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.
 
      Disclosure of unidentified anomalous phenomena records or
    particular information in
 
[[Page S4946]]
 
    unidentified anomalous phenomena records to the public may be
    postponed subject to the limitations of this division if
    there is clear and convincing evidence that--
      (1) the threat to the military defense, intelligence
    operations, or conduct of foreign relations of the United
    States posed by the public disclosure of the unidentified
    anomalous phenomena record is of such gravity that it
    outweighs the public interest in disclosure, and such public
    disclosure would reveal--
      (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
    demonstrably and substantially impair the national 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 substantial risk of harm
    to that person;
      (3) the public disclosure of the unidentified anomalous
    phenomena record could reasonably be expected to constitute
    an unwarranted 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 compromise the existence of an
    understanding of confidentiality currently requiring
    protection between a Federal Government agent and a
    cooperating individual or a foreign government, and public
    disclosure would be so harmful that it outweighs the public
    interest.
 
    SEC. __07. 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
    Phenomena 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 affiliation, 9 citizens of the United States to
    serve as members of the Review Board to ensure 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 Review 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 President 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 Representatives.
      (iv) The minority leader of the House of Representatives.
      (v) The Secretary of Defense.
      (vi) The National Academy of Sciences.
      (vii) Established nonprofit research organizations relating
    to unidentified anomalous phenomena.
      (viii) The American Historical Association.
      (ix) Such other persons and organizations as the President
    considers appropriate.
      (B) If an individual or organization described in
    subparagraph (A) does not recommend at least 2 nominees
    meeting the qualifications stated in paragraph (5) by the
    date that is 45 days after the date of the enactment of this
    Act, the President shall consider for nomination the persons
    recommended by the other individuals and organizations
    described in such subparagraph.
      (C) The President may request an individual or organization
    described in subparagraph (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 collection,
    exploitation, or reverse engineering of technologies of
    unknown origin or the examination of biological evidence of
    living or deceased non-human intelligence;
      (B) shall be distinguished persons of high national
    professional reputation in their respective fields who are
    capable of exercising the independent and objective judgment
    necessary to the fulfillment of their role in ensuring and
    facilitating the review, transmission to the public, and
    public disclosure of records related to the government's
    understanding of, and activities associated with unidentified
    anomalous phenomena, technologies 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 official;
      (ii) 1 current or former foreign service official;
      (iii) 1 scientist or engineer;
      (iv) 1 economist;
      (v) 1 professional historian; and
      (vi) 1 sociologist.
      (5) Mandatory conflicts of interest review.--
      (A) In general.--The Director shall conduct a review of
    each individual nominated and appointed to the position of
    member of the Review Board to ensure the member does not have
    any conflict of interest during the term of the service of
    the member.
      (B) Reports.--During the course of the review under
    subparagraph (A), if the Director becomes aware that the
    member being reviewed possesses a conflict of interest to the
    mission of the Review Board, the Director shall, not later
    than 30 days after the date on which the Director became
    aware of the conflict of interest, submit to the Committee on
    Homeland Security and Governmental Affairs of the Senate and
    the Committee on Oversight and Accountability of the House of
    Representatives a report on the conflict of interest.
      (c) Security Clearances.--
      (1) In general.--All Review Board nominees shall be granted
    the necessary security clearances and accesses, including any
    and all relevant Presidential, departmental, and agency
    special access programs, in an accelerated manner subject to
    the standard procedures 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 accesses
    prior to being considered for confirmation by the Committee
    on Homeland Security and Governmental Affairs of the Senate.
      (d) Consideration by the Senate.--Nominations for
    appointment under subsection (b) shall be referred to the
    Committee on Homeland Security and Governmental Affairs of
    the Senate for consideration.
      (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 inefficiency,
    neglect of duty, malfeasance in office, physical disability,
    mental incapacity, or any other condition that substantially
    impairs the performance of the member's duties.
      (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 Security and Governmental Affairs of the Senate and
    the Committee on Oversight and Reform of the House of
    Representatives a report specifying the facts found and the
    grounds for the removal.
      (B) The President shall publish in the Federal Register a
    report submitted under subparagraph (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 prosecution, 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 obtain judicial review of the removal
    in a civil action commenced in the United States District
    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 __08(c)(1), shall be
    compensated at a rate equal to the daily equivalent of the
    annual rate of basic pay prescribed for level IV of the
    Executive Schedule 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 agencies 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 determination by a Government office to seek
    to postpone the disclosure of unidentified anomalous
    phenomena records.
      (2) Considerations and rendering of decisions.--In carrying
    out paragraph (1), the Review Board shall consider and render
    decisions--
      (A) whether a record constitutes a unidentified anomalous
    phenomena record; and
      (B) whether a unidentified anomalous phenomena record or
    particular information in a record qualifies for postponement
    of disclosure under this division.
      (i) Powers.--
      (1) In general.--The Review Board shall have the authority
    to act in a manner prescribed under this division, including
    authority--
 
[[Page S4947]]
 
      (A) to direct Government offices to complete identification
    aids and organize unidentified anomalous phenomena records;
      (B) to direct Government offices to transmit to the
    Archivist unidentified anomalous phenomena records as
    required under this division, including segregable portions
    of unidentified 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
    Government office;
      (ii) to direct a Government office to make available to the
    Review Board, and if necessary investigate the facts
    surrounding, additional information, records, or testimony
    from individuals which the Review Board has reason to believe
    are required to fulfill its functions and responsibilities
    under this division; and
      (iii) request the Attorney General to subpoena private
    persons to compel testimony, records, and other information
    relevant to its responsibilities under this division;
      (D) require any Government office to account 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 regarding the
    identification and public disclosure 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 conditions as other Executive agencies;
    and
      (H) use the United States mails in the same manner and
    under the same conditions as other Executive agencies.
      (2) Enforcement of subpoena.--A subpoena 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 information 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 Authorization Act for
    Fiscal Year 2023 (50 U.S.C. 3373b(b)).
      (k) Oversight.--
      (1) Senate.--The Committee on Homeland Security and
    Governmental Affairs of the Senate shall have continuing
    legislative oversight jurisdiction in the Senate with respect
    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 legislative oversight jurisdiction in
    the House of Representatives with respect 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.
      (3) Duty to cooperate.--The Review Board shall have the
    duty to cooperate with the exercise of oversight jurisdiction
    described in this subsection.
      (4) Security clearances.--The Chairmen and Ranking Members
    of the Committee on Homeland Security and Governmental
    Affairs of the Senate and the Committee on Oversight and
    Accountability of the House of Representatives, and staff of
    such committees designated by such Chairmen and Ranking
    Members, shall be granted all security clearances and
    accesses held by the Review Board, including to relevant
    Presidential and department or agency special access and
    compartmented access programs.
      (l) Support Services.--The Administrator of the General
    Services Administration shall provide administrative services
    for the Review Board on a reimbursable basis.
      (m) Interpretive Regulations.--The Review Board may issue
    interpretive regulations.
      (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 extended 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 during its
    existence and shall complete all other reporting requirements
    under this division.
      (3) Transfer of records.--Upon termination and winding
    down, the Review Board shall transfer all of its records to
    the Archivist for inclusion in the Collection, and no record
    of the Review Board shall be destroyed.
 
    SEC. __08. UNIDENTIFIED ANOMALOUS PHENOMENA 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
    affiliation, to the position of Executive Director of the
    Review Board. This position counts as 1 of the 9 Review Board
    members under section __07(b)(1).
      (2) Qualifications.--The person appointed as Executive
    Director shall be a private citizen of integrity and
    impartiality who--
      (A) is a distinguished professional; and
      (B) is not a present employee of the Federal Government;
    and
      (C) has had no previous or current involvement with any
    legacy program or controlling authority relating to the
    collection, exploitation, or reverse engineering of
    technologies of unknown origin or the examination of
    biological evidence of living or deceased non-human
    intelligence.
      (3) Mandatory conflicts of interest review.--
      (A) In general.--The Director shall conduct a review of
    each individual appointed to the position of Executive
    Director to ensure the Executive Director does not have any
    conflict of interest during the term of the service of the
    Executive Director.
      (B) Reports.--During the course of the review under
    subparagraph (A), if the Director becomes aware that the
    Executive Director possesses a conflict of interest to the
    mission of the Review Board, the Director shall, not later
    than 30 days after the date on which the Director became
    aware of the conflict of interest, submit to the Committee on
    Homeland Security and Governmental Affairs of the Senate and
    the Committee on Oversight and Accountability of the House of
    Representatives a report on the conflict of interest.
      (4) Security clearances.--(A) A candidate for Executive
    Director shall be granted all the necessary security
    clearances and accesses, including to relevant Presidential
    and department or agency special access and compartmented
    access programs in an accelerated manner subject to the
    standard procedures for granting such clearances.
      (B) A candidate shall qualify for the necessary security
    clearances and accesses prior to being appointed by the
    President.
      (5) Functions.--The Executive Director shall--
      (A) serve as principal liaison to the Executive 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 review of records;
      (D) be responsible for the administration of all official
    activities conducted by the Review Board;
      (E) exercise tie-breaking Review Board authority 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 executive branch unidentified
    anomalous phenomena records for which the Executive Director
    and Review Board members may disagree.
      (6) 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 disability,
    mental incapacity, or any other condition that substantially
    impairs the performance of the responsibilities of the
    Executive Director or the staff of the Review Board.
      (b) Staff.--
      (1) In general.--The Review Board, without regard to the
    civil service laws, may appoint 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.--
      (A) In general.--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 relating to the collection, exploitation, or
    reverse engineering of technologies of unknown origin or the
    examination of biological evidence of living or deceased non-
    human intelligence.
      (B) Consultation with director of the office of government
    ethics.--In their consideration of persons to be appointed as
    staff of the Review Board under paragraph (1), the Review
    Board shall consult with the Director--
      (i) to determine criteria for possible conflicts of
    interest of staff of the Review Board, consistent with ethics
    laws, statutes, and regulations for employees of the
    executive branch of the Federal Government; and
      (ii) ensure that no person selected for such position of
    staff of the Review Board possesses a conflict of interests
    in accordance with the criteria determined pursuant to clause
    (i).
      (3) Security clearances.--(A) A candidate for staff shall
    be granted the necessary security clearances (including all
    necessary special access program clearances) in an
    accelerated manner subject to the standard procedures for
    granting such clearances.
      (B)(i) The Review Board may offer conditional employment to
    a candidate for a staff position pending the completion of
    security clearance background investigations. During the
    pendency of such investigations, the Review Board shall
    ensure that any such employee does not have access to, or
    responsibility involving, classified or otherwise restricted
    unidentified anomalous phenomena record materials.
      (ii) If a person hired on a conditional basis under clause
    (i) is denied or otherwise does
 
[[Page S4948]]
 
    not qualify for all security clearances necessary to carry
    out the responsibilities of the position for which
    conditional employment has been offered, the Review Board
    shall immediately terminate the person's employment.
      (4) Support from national declassification center.--The
    Archivist shall assign one representative in full-time
    equivalent status from the National Declassification Center
    to advise and support the Review Board disclosure
    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 regard to the provisions of
    chapter 51 and subchapter III of chapter 53 of that title
    relating to classification and General Schedule pay rates--
      (1) the Executive Director shall be compensated at a rate
    not to exceed the rate of basic pay for level II of the
    Executive Schedule 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 division.
      (d) Advisory Committees.--
      (1) Authority.--The Review Board may create advisory
    committees to assist in fulfilling the responsibilities of
    the Review Board under this division.
      (2) FACA.--Any advisory committee created by the Review
    Board shall be subject to chapter 10 of title 5, United
    States Code.
      (e) Security Clearance Required.--An individual employed in
    any position by the Review Board (including an individual
    appointed as Executive Director) shall be required to qualify
    for any necessary security clearance prior to taking office
    in that position, but may be employed conditionally in
    accordance with subsection (b)(3)(B) before qualifying for
    that clearance.
 
    SEC. __09. REVIEW OF RECORDS BY THE UNIDENTIFIED ANOMALOUS
                  PHENOMENA RECORDS REVIEW BOARD.
 
      (a) Custody of Records Reviewed by Review Board.--Pending
    the outcome of a review of activity by the Review Board, a
    Government office shall retain custody of its unidentified
    anomalous phenomena records for purposes of preservation,
    security, and efficiency, 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 administrative
    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 unidentified 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 division; 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 phenomena records be transmitted to
    the Archivist and disclosed to the public in the Collection
    in the absence of clear and convincing evidence that--
      (A) a Government record is not an unidentified anomalous
    phenomena record; or
      (B) a Government record, or particular information within
    an unidentified anomalous phenomena record, qualifies for
    postponement of public disclosure under this division.
      (2) Requirements.--In approving postponement 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
    division, 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 information which is
    postponed.
      (iii) A summary of a unidentified anomalous phenomena
    record.
      (3) Controlled disclosure campaign plan.--With respect to
    unidentified anomalous phenomena records, particular
    information 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 __06, or for which
    only substitutions or summaries have been disclosed to the
    public, the Review Board shall create and transmit to the
    President, the Archivist, the Committee on Homeland Security
    and Governmental Affairs of the Senate, and the Committee on
    Oversight and Accountability of the House of Representatives
    a Controlled Disclosure Campaign Plan, with classified
    appendix, containing--
      (A) a description of actions by the Review Board, the
    originating body, the President, or any Government office
    (including a justification of any such action to postpone
    disclosure of any record or part of any record) and of any
    official proceedings conducted by the Review Board with
    regard to specific unidentified anomalous phenomena records;
    and
      (B) a benchmark-driven plan, based upon a review of the
    proceedings and in conformity with the decisions reflected
    therein, recommending precise requirements for periodic
    review, downgrading, and declassification as well as the
    exact time or specified occurrence following which each
    postponed item may be appropriately disclosed to the public
    under this division.
      (4) Notice following review and determination.--(A)
    Following its review and a determination that a unidentified
    anomalous phenomena record shall be publicly disclosed in the
    Collection or postponed for disclosure and held in the
    protected Collection, the Review Board shall notify the head
    of the originating body of the determination of the Review
    Board and publish a copy of the determination in the Federal
    Register within 14 days after the determination is made.
      (B) Contemporaneous notice shall be made to the President
    for Review Board determinations regarding unidentified
    anomalous phenomena records of the executive branch of the
    Federal Government, and to the oversight committees
    designated in this division in the case of records of the
    legislative branch of the Federal Government. Such notice
    shall contain a written unclassified justification for public
    disclosure or postponement of disclosure, including an
    explanation of the application of any standards contained in
    section __06.
      (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 disclosure of an
    unidentified anomalous phenomena record of the executive
    branch of the Federal Government or information within such a
    record, or of any information contained in a unidentified
    anomalous phenomena record, obtained or developed solely
    within the executive branch of the Federal Government, the
    President shall--
      (A) have the sole and nondelegable authority to require the
    disclosure or postponement of such record or information
    under the standards set forth in section __06; and
      (B) provide the Review Board with both an unclassified and
    classified written certification specifying the President's
    decision within 30 days after the Review Board's
    determination and notice to the executive branch agency as
    required under this division, stating the justification for
    the President's decision, including the applicable grounds
    for postponement under section __06, accompanied by a copy of
    the identification aid required under section __04.
      (2) Periodic review.--(A) Any unidentified anomalous
    phenomena record postponed by the President shall henceforth
    be subject to the requirements of periodic review,
    downgrading, declassification, and public disclosure in
    accordance with the recommended timeline and associated
    requirements specified in the Controlled Disclosure Campaign
    Plan unless these conflict with the standards set forth in
    section __06.
      (B) This paragraph supersedes all prior declassification
    review standards that may previously have been deemed
    applicable to unidentified anomalous phenomena records.
      (3) Record of presidential postponement.--The Review Board
    shall, upon its receipt--
      (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 accordingly.
      (e) Notice to Public.--Every 30 calendar days, beginning on
    the date that is 60 calendar days after the date on which the
    Review 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 President, the Senate, or the House of
    Representatives, including a description of the subject,
    originating agency, length or other physical description, and
    each ground for postponement that is relied upon to the
    maximum extent classification restrictions permitting.
      (f) Reports by the Review Board.--
      (1) In general.--The Review Board shall report its
    activities to the leadership of Congress, 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 subsequent 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.
 
[[Page S4949]]
 
      (B) The progress made on review, transmission to the
    Archivist, and public disclosure of unidentified anomalous
    phenomena records.
      (C) The estimated time and volume of unidentified anomalous
    phenomena records involved in the completion of the Review
    Board's performance under this division.
      (D) Any special problems, including requests and the level
    of cooperation of Government offices, with regard to the
    ability of the Review Board to operate as required by this
    division.
      (E) A record of review activities, including a record of
    postponement decisions by the Review Board or other related
    actions authorized by this division, and a record of the
    volume 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 information, the Review Board shall provide
    copies to, and fully brief, at a minimum the President, the
    Archivist, leadership of Congress, the Chairmen and Ranking
    Members of the Committee on Homeland Security and
    Governmental Affairs of the Senate and the Committee on
    Oversight and Accountability of the House of Representatives,
    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 determines appropriate
    on the Controlled Disclosure Campaign Plan, classified
    appendix, and postponed disclosures, specifically
    addressing--
      (A) recommendations for periodic review, downgrading, and
    declassification as well as the exact time or specified
    occurrence following which specific unidentified anomalous
    phenomena records and material may be appropriately
    disclosed;
      (B) the rationale behind each postponement determination
    and the recommended means to achieve disclosure of each
    postponed item;
      (C) any other findings that the Review Board chooses to
    offer; and
      (D) an addendum containing copies of reports 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 before 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 resolution office.--
    Coincident with the provision 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
    Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or
    its successor, as subsequently designated by Act of Congress,
    on the Controlled Disclosure Campaign Plan, classified
    appendix, and postponed disclosures.
 
    SEC. __10. DISCLOSURE OF RECOVERED TECHNOLOGIES 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
    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.
      (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
    disclosure determination at a location suitable to the
    controlling authority of said material and in a timely manner
    conducive to the objectives of the Review Board in accordance
    with the requirements of this division.
      (c) Actions of Review Board.--In carrying out subsection
    (b), the Review Board shall consider and render decisions--
      (1) whether the material examined constitutes technologies
    of unknown origin or biological evidence of non-human
    intelligence beyond a reasonable doubt;
      (2) whether recovered technologies of unknown origin,
    biological evidence of non-human intelligence, or a
    particular subset of material qualifies for postponement of
    disclosure under this division; and
      (3) what changes, if any, to the current disposition of
    said material should the Federal Government make to
    facilitate full disclosure.
      (d) Review Board Access to Testimony and Witnesses.--The
    Review Board shall have access to all testimony from
    unidentified anomalous phenomena witnesses, close observers
    and legacy program personnel and whistleblowers within the
    Federal Government's possession as of and after the date of
    the enactment of this Act in furtherance of Review Board
    disclosure determination responsibilities in section __07(h)
    and subsection (c) of this section.
      (e) Solicitation of Additional Witnesses.--The Review Board
    shall solicit additional unidentified anomalous phenomena
    witness and whistleblower testimony and afford protections
    under section 1673(b) of the James M. Inhofe National Defense
    Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b))
    if deemed beneficial in fulfilling Review Board
    responsibilities under this division.
 
    SEC. __11. 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 anomalous 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 unidentified 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 unknown origin, and non-human
    intelligence materials under this division 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 material relevant to unidentified
    anomalous phenomena, 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,
    technologies of unknown origin, and non-human intelligence
    consistent with the public interest.
 
    SEC. __12. RULES OF CONSTRUCTION.
 
      (a) Precedence Over Other Law.--When this division 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 Revenue Code of
    1986 specifying confidentiality and disclosure of tax returns
    and tax return information), judicial decision construing
    such provision of law, or common law doctrine that would
    otherwise prohibit such transmission or disclosure, with the
    exception 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.--Nothing in this division
    shall be construed to eliminate 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 division shall be
    construed to preclude judicial review, under chapter 7 of
    title 5, United States Code, of final actions taken or
    required to be taken under this division.
      (d) Existing Authority.--Nothing in this division 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 division 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
    applicable only with respect to the procedure to be followed
    in that House, and it supersedes other rules only to the
    extent that it is inconsistent with such rules; and
      (2) with full recognition of the constitutional 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 manner,
    and to the same extent as in the case of any other rule of
    that House.
 
    SEC. __13. TERMINATION OF EFFECT OF DIVISION.
 
      (a) Provisions Pertaining to the Review Board.--The
    provisions of this division that pertain 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 section __07(n).
      (b) Other Provisions.--(1) The remaining provisions of this
    division shall continue in effect until such time as the
    Archivist certifies to the President and Congress that all
    unidentified anomalous phenomena records have been made
    available to the public in accordance with this division.
      (2) In facilitation of the provision in paragraph (1), the
    All-domain Anomaly Resolution 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
    declassification guidance applicable to any and all
    unidentified anomalous phenomena records generated by
    originating bodies subsequent to termination of the Review
    Board consistent with the requirements and intent of the
    Controlled Disclosure Campaign Plan with respect to
    unidentified anomalous phenomena records originated prior to
    Review Board termination.
 
[[Page S4950]]
 
 
 
 
    SEC. __14. AUTHORIZATION OF APPROPRIATIONS.
 
      There is authorized to be appropriated to carry out the
    provisions of this division $20,000,000 for fiscal year 2025.
 
    SEC. __15. CONFORMING REPEAL.
 
      (a) Repeal.--Subtitle C of title XVIII of the National
    Defense Authorization Act for Fiscal Year 2024 (Public Law
    118-31) is hereby repealed.
      (b) Clerical Amendment.--The table of contents in section 2
    of such Act is amended by striking the items relating to
    subtitle C of title XVIII.
 
    SEC. __16. SEVERABILITY.
 
      If any provision of this division or the application
    thereof to any person or circumstance is held invalid, the
    remainder of this division and the application of that
    provision to other persons not similarly situated or to other
    circumstances shall not be affected by the invalidation.
                                ______

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