Unidentified Anomalous Phenomena Disclosure Act (UAPDA)
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- S.Amdt.2610 to S.4638 - 118th Congress (2023-2024) | Congress.gov | Library of Congress
Amendment Text: S.Amdt.2610 — 118th Congress (2023-2024) [All Information](https://www.congress.gov/amendment/118th-congress/senate-amendment/2610/all-info?s=09) (Except Text)
Amendment text as submitted.
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[Pages S4943-S4950] 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;
(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
(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
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--
(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
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.
(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.
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.
