Unidentified Anomalous Phenomena Disclosure Act (UAPDA)

Unidentified Anomalous Phenomena Disclosure Act (UAPDA)

Publication :	[Government Publishing Office [www.gpo.gov] Publication Link]
Article Link :	[Download Here Article Link]

From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

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.

Text available as: TXT | [PDF (305KB)

[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;
    
    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 (UAP);
    (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 prog[[enitors, 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).

Page S4945

(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 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.