BAG23A78 JDP S.L.C. AMENDMENT NO.llll Calendar No.lll Purpose: To provide for the expeditious disclosure of uniden- tified anomalous phenomena records. IN THE SENATE OF THE UNITED STATES

August 21, 2023

BAG23A78 JDP S.L.C. AMENDMENT NO.llll Calendar No.lll Purpose: To provide for the expeditious disclosure of uniden- tified anomalous phenomena records. IN THE SENATE OF THE UNITED STATES—118th Cong., 1st Sess. S. 2226

BAG23A78 JDP S.L.C.

AMENDMENT NO.llll Calendar No.lll

Purpose: To provide for the expeditious disclosure of uniden-

tified anomalous phenomena records.

IN THE SENATE OF THE UNITED STATES—118th Cong., 1st Sess.

S. 2226

To authorize appropriations for fiscal year 2024 for military

activities of the Department of Defense, for military

construction, and for defense activities of the Depart-

ment of Energy, to prescribe military personnel

strengths for such fiscal year, and for other purposes.

Referred to the Committee on llllllllll and

ordered to be printed

Ordered to lie on the table and to be printed

AMENDMENT intended to be proposed by Mr. SCHUMER (for

himself, Mr. ROUNDS, Mr. RUBIO, and Mrs. GILLIBRAND)

Viz:

At the appropriate place, insert the following:1

TITLE l—UNIDENTIFIED ANOM-2

ALOUS PHENOMENA DISCLO-3

SURE4

SEC. ll01. SHORT TITLE.5

This title may be cited as the ‘‘Unidentified Anoma-6

lous Phenomena Disclosure Act of 2023’’ or the ‘‘UAP7

Disclosure Act of 2023’’.8

BAG23A78 JDP S.L.C.

SEC. ll02. FINDINGS, DECLARATIONS, AND PURPOSES.1

(a) FINDINGS AND DECLARATIONS.—Congress finds2

and declares the following:3

(1) All Federal Government records related to4

unidentified anomalous phenomena should be pre-5

served and centralized for historical and Federal6

Government purposes.7

(2) All Federal Government records concerning8

unidentified anomalous phenomena should carry a9

presumption of immediate disclosure and all records10

should be eventually disclosed to enable the public to11

become fully informed about the history of the Fed-12

eral Government’s knowledge and involvement sur-13

rounding unidentified anomalous phenomena.14

(3) Legislation is necessary to create an en-15

forceable, independent, and accountable process for16

the public disclosure of such records.17

(4) Legislation is necessary because credible18

evidence and testimony indicates that Federal Gov-19

ernment unidentified anomalous phenomena records20

exist that have not been declassified or subject to21

mandatory declassification review as set forth in Ex-22

ecutive Order 13526 (50 U.S.C. 3161 note; relating23

to classified national security information) due in24

part to exemptions under the Atomic Energy Act of25

1954 (42 U.S.C. 2011 et seq.), as well as an over-26

BAG23A78 JDP S.L.C.

broad interpretation of ‘‘transclassified foreign nu-1

clear information’’, which is also exempt from man-2

datory declassification, thereby preventing public3

disclosure under existing provisions of law.4

(5) Legislation is necessary because section 5525

of title 5, United States Code (commonly referred to6

as the ‘‘Freedom of Information Act’’), as imple-7

mented by the Executive branch of the Federal Gov-8

ernment, has proven inadequate in achieving the9

timely public disclosure of Government unidentified10

anomalous phenomena records that are subject to11

mandatory declassification review.12

(6) Legislation is necessary to restore proper13

oversight over unidentified anomalous phenomena14

records by elected officials in both the executive and15

legislative branches of the Federal Government that16

has otherwise been lacking as of the enactment of17

this Act.18

(7) Legislation is necessary to afford complete19

and timely access to all knowledge gained by the20

Federal Government concerning unidentified anoma-21

lous phenomena in furtherance of comprehensive22

open scientific and technological research and devel-23

opment essential to avoiding or mitigating potential24

BAG23A78 JDP S.L.C.

technological surprise in furtherance of urgent na-1

tional security concerns and the public interest.2

(b) PURPOSES.—The purposes of this title are—3

(1) to provide for the creation of the unidenti-4

fied anomalous phenomena Records Collection at the5

National Archives and Records Administration; and6

(2) to require the expeditious public trans-7

mission to the Archivist and public disclosure of8

such records.9

SEC. ll03. DEFINITIONS.10

In this title:11

(1) ARCHIVIST.—The term ‘‘Archivist’’ means12

the Archivist of the United States.13

(2) CLOSE OBSERVER.—The term ‘‘close ob-14

server’’ means anyone who has come into close prox-15

imity to unidentified anomalous phenomena or non-16

human intelligence.17

(3) COLLECTION.—The term ‘‘Collection’’18

means the Unidentified Anomalous Phenomena19

Records Collection established under section ll04.20

(4) CONTROLLED DISCLOSURE CAMPAIGN21

PLAN.—The term ‘‘Controlled Disclosure Campaign22

Plan’’ means the Controlled Disclosure Campaign23

Plan required by section ll09(c)(3).24

BAG23A78 JDP S.L.C.

(5) CONTROLLING AUTHORITY.—The term1

‘‘controlling authority’’ means any Federal, State, or2

local government department, office, agency, com-3

mittee, commission, commercial company, academic4

institution, or private sector entity in physical pos-5

session of technologies of unknown origin or biologi-6

cal evidence of non-human intelligence.7

(6) EXECUTIVE AGENCY.—The term ‘‘Executive8

agency’’ means an Executive agency, as defined in9

subsection 552(f) of title 5, United States Code.10

(7) GOVERNMENT OFFICE.—The term ‘‘Govern-11

ment office’’ means any department, office, agency,12

committee, or commission of the Federal Govern-13

ment and any independent office or agency without14

exception that has possession or control, including15

via contract or other agreement, of unidentified16

anomalous phenomena records.17

(8) IDENTIFICATION AID.—The term ‘‘identi-18

fication aid’’ means the written description prepared19

for each record, as required in section ll04.20

(9) LEADERSHIP OF CONGRESS.—The term21

‘‘leadership of Congress’’ means—22

(A) the majority leader of the Senate;23

(B) the minority leader of the Senate;24

BAG23A78 JDP S.L.C.

resentatives; and2

(D) the minority leader of the House of3

Representatives.4

(10) LEGACY PROGRAM.—The term ‘‘legacy5

program’’ means all Federal, State, and local gov-6

ernment, commercial industry, academic, and private7

sector endeavors to collect, exploit, or reverse engi-8

neer technologies of unknown origin or examine bio-9

logical evidence of living or deceased non-human in-10

telligence that pre-dates the date of the enactment11

of this Act.12

(11) NATIONAL ARCHIVES.—The term ‘‘Na-13

tional Archives’’ means the National Archives and14

Records Administration and all components thereof,15

including presidential archival depositories estab-16

lished under section 2112 of title 44, United States17

Code.18

(12) NON-HUMAN INTELLIGENCE.—The term19

‘‘non-human intelligence’’ means any sentient intel-20

ligent non-human lifeform regardless of nature or ul-21

timate origin that may be presumed responsible for22

unidentified anomalous phenomena or of which the23

Federal Government has become aware.24

BAG23A78 JDP S.L.C.

(13) ORIGINATING BODY.—The term ‘‘origi-1

nating body’’ means the Executive agency, Federal2

Government commission, committee of Congress, or3

other Governmental entity that created a record or4

particular information within a record.5

(14) PROSAIC ATTRIBUTION.—The term ‘‘pro-6

saic attribution’’ means having a human (either for-7

eign or domestic) origin and operating according to8

current, proven, and generally understood scientific9

and engineering principles and established laws-of-10

nature and not attributable to non-human intel-11

ligence.12

(15) PUBLIC INTEREST.—The term ‘‘public in-13

terest’’ means the compelling interest in the prompt14

public disclosure of unidentified anomalous phe-15

nomena records for historical and Governmental16

purposes and for the purpose of fully informing the17

people of the United States about the history of the18

Federal Government’s knowledge and involvement19

surrounding unidentified anomalous phenomena.20

(16) RECORD.—The term ‘‘record’’ includes a21

book, paper, report, memorandum, directive, email,22

text, or other form of communication, or map, pho-23

tograph, sound or video recording, machine-readable24

material, computerized, digitized, or electronic infor-25

BAG23A78 JDP S.L.C.

mation, including intelligence, surveillance, recon-1

naissance, and target acquisition sensor data, re-2

gardless of the medium on which it is stored, or3

other documentary material, regardless of its phys-4

ical form or characteristics.5

(17) REVIEW BOARD.—The term ‘‘Review6

Board’’ means the Unidentified Anomalous Phe-7

nomena Records Review Board established by sec-8

tion ll07.9

(18) TECHNOLOGIES OF UNKNOWN ORIGIN.—10

The term ‘‘technologies of unknown origin’’ means11

any materials or meta-materials, ejecta, crash de-12

bris, mechanisms, machinery, equipment, assemblies13

or sub-assemblies, engineering models or processes,14

damaged or intact aerospace vehicles, and damaged15

or intact ocean-surface and undersea craft associ-16

ated with unidentified anomalous phenomena or in-17

corporating science and technology that lacks prosaic18

attribution or known means of human manufacture.19

(19) TEMPORARILY NON-ATTRIBUTED OB-20

JECTS.—21

(A) IN GENERAL.—The term ‘‘temporarily22

non-attributed objects’’ means the class of ob-23

jects that temporarily resist prosaic attribution24

by the initial observer as a result of environ-25

BAG23A78 JDP S.L.C.

mental or system limitations associated with the1

observation process that nevertheless ultimately2

have an accepted human origin or known phys-3

ical cause. Although some unidentified anoma-4

lous phenomena may at first be interpreted as5

temporarily non-attributed objects, they are not6

temporarily non-attributed objects, and the two7

categories are mutually exclusive.8

(B) INCLUSION.—The term ‘‘temporarily9

non-attributed objects’’ includes—10

(i) natural celestial, meteorological,11

and undersea weather phenomena;12

(ii) mundane human-made airborne13

objects, clutter, and marine debris;14

(iii) Federal, State, and local govern-15

ment, commercial industry, academic, and16

private sector aerospace platforms;17

(iv) Federal, State, and local govern-18

ment, commercial industry, academic, and19

private sector ocean-surface and undersea20

vehicles; and21

(v) known foreign systems.22

(20) THIRD AGENCY.—The term ‘‘third agen-23

cy’’ means a Government agency that originated a24

BAG23A78 JDP S.L.C.

unidentified anomalous phenomena record that is in1

the possession of another Government agency.2

(21) UNIDENTIFIED ANOMALOUS PHE-3

NOMENA.—4

(A) IN GENERAL.—The term ‘‘unidentified5

anomalous phenomena’’ means any object oper-6

ating or judged capable of operating in outer-7

space, the atmosphere, ocean surfaces, or un-8

dersea lacking prosaic attribution due to per-9

formance characteristics and properties not pre-10

viously known to be achievable based upon com-11

monly accepted physical principles. Unidentified12

anomalous phenomena are differentiated from13

both attributed and temporarily non-attributed14

objects by one or more of the following15

observables:16

(i) Instantaneous acceleration absent17

apparent inertia.18

(ii) Hypersonic velocity absent a ther-19

mal signature and sonic shockwave.20

(iii) Transmedium (such as space-to-21

ground and air-to-undersea) travel.22

(iv) Positive lift contrary to known23

aerodynamic principles.24

(v) Multispectral signature control.25

BAG23A78 JDP S.L.C.

(vi) Physical or invasive biological ef-1

fects to close observers and the environ-2

ment.3

(B) INCLUSIONS.—The term ‘‘unidentified4

anomalous phenomena’’ includes what were pre-5

viously described as—6

(i) flying discs;7

(ii) flying saucers;8

(iii) unidentified aerial phenomena;9

(iv) unidentified flying objects10

(UFOs); and11

(v) unidentified submerged objects12

(USOs).13

(22) UNIDENTIFIED ANOMALOUS PHENOMENA14

RECORD.—The term ‘‘unidentified anomalous phe-15

nomena record’’ means a record that is related to16

unidentified anomalous phenomena, technologies of17

unknown origin, or non-human intelligence (and all18

equivalent subjects by any other name with the spe-19

cific and sole exclusion of temporarily non-attributed20

objects) that was created or made available for use21

by, obtained by, or otherwise came into the posses-22

sion of—23

(A) the Executive Office of the President;24

BAG23A78 JDP S.L.C.

(B) the Department of Defense and its1

progenitors, the Department of War and the2

Department of the Navy;3

(D) the Department of the Navy;5

(E) the Department of the Air Force, spe-6

cifically the Air Force Office of Special Inves-7

tigations;8

(F) the Department of Energy and its pro-9

genitors, the Manhattan Project, the Atomic10

Energy Commission, and the Energy Research11

and Development Administration;12

(G) the Office of the Director of National13

Intelligence;14

(H) the Central Intelligence Agency and15

its progenitor, the Office of Strategic Services;16

(I) the National Reconnaissance Office;17

(J) the Defense Intelligence Agency;18

(K) the National Security Agency;19

(L) the National Geospatial-Intelligence20

Agency;21

(M) the National Aeronautics and Space22

Administration:23

(N) the Federal Bureau of Investigation;24

(O) the Federal Aviation Administration;25

BAG23A78 JDP S.L.C.

(P) the National Oceanic and Atmospheric1

Administration;2

(Q) the Library of Congress;3

(R) the National Archives and Records Ad-4

ministration;5

(S) any Presidential library;6

(T) any Executive agency;7

(U) any independent office or agency;8

(V) any other department, office, agency,9

committee, or commission of the Federal Gov-10

ernment;11

(W) any State or local government depart-12

ment, office, agency, committee, or commission13

that provided support or assistance or per-14

formed work, in connection with a Federal in-15

quiry into unidentified anomalous phenomena,16

technologies of unknown origin, or non-human17

intelligence; and18

(X) any private sector person or entity for-19

merly or currently under contract or some other20

agreement with the Federal Government.21

SEC. ll04. UNIDENTIFIED ANOMALOUS PHENOMENA22

RECORDS COLLECTION AT THE NATIONAL23

ARCHIVES AND RECORDS ADMINISTRATION.24

(a) ESTABLISHMENT.—25

BAG23A78 JDP S.L.C.

(1) IN GENERAL.—(A) Not later than 60 days1

after the date of the enactment of this Act, the Ar-2

chivist shall commence establishment of a collection3

of records in the National Archives to be known as4

the ‘‘Unidentified Anomalous Phenomena Records5

Collection’’.6

(B) In carrying out subparagraph (A), the Ar-7

chivist shall ensure the physical integrity and origi-8

nal provenance (or if indeterminate, the earliest his-9

torical owner) of all records in the Collection.10

of all Government, Government-provided, or Govern-12

ment-funded records relating to unidentified anoma-13

lous phenomena, technologies of unknown origin,14

and non-human intelligence (or equivalent subjects15

by any other name with the specific and sole exclu-16

sion of temporarily non-attributed objects), which17

shall be transmitted to the National Archives in ac-18

cordance with section 2107 of title 44, United States19

Code.20

(D) The Archivist shall prepare and publish a21

subject guidebook and index to the Collection.22

(2) CONTENTS.—The Collection shall include23

the following:24

BAG23A78 JDP S.L.C.

(A) All unidentified anomalous phenomena1

records, regardless of age or date of creation—2

(i) that have been transmitted to the3

National Archives or disclosed to the public4

in an unredacted form prior to the date of5

the enactment of this Act;6

(ii) that are required to be trans-7

mitted to the National Archives; and8

(iii) that the disclosure of which is9

postponed under this Act.10

(B) A central directory comprised of iden-11

tification aids created for each record trans-12

mitted to the Archivist under section ll05.13

by this Act.15

(b) DISCLOSURE OF RECORDS.—All unidentified16

anomalous phenomena records transmitted to the National17

Archives for disclosure to the public shall—18

(1) be included in the Collection; and19

(2) be available to the public—20

(A) for inspection and copying at the Na-21

tional Archives within 30 days after their trans-22

mission to the National Archives; and23

BAG23A78 JDP S.L.C.

(B) digitally via the National Archives on-1

line database within a reasonable amount of2

time not to exceed 180 days thereafter.3

(1) charge fees for copying unidentified anoma-5

lous phenomena records; and6

(2) grant waivers of such fees pursuant to the7

standards established by section 552(a)(4) of title 5,8

United States Code.9

(d) ADDITIONAL REQUIREMENTS.—10

(1) USE OF FUNDS.—The Collection shall be11

preserved, protected, archived, digitized, and made12

available to the public at the National Archives and13

via the official National Archives online database14

using appropriations authorized, specified, and re-15

stricted for use under the terms of this Act.16

(2) SECURITY OF RECORDS.—The National Se-17

curity Program Office at the National Archives, in18

consultation with the National Archives Information19

Security Oversight Office, shall establish a program20

to ensure the security of the postponed unidentified21

anomalous phenomena records in the protected, and22

yet-to-be disclosed or classified portion of the Collec-23

tion.24

(e) OVERSIGHT.—25

BAG23A78 JDP S.L.C.

(1) SENATE.—Unless otherwise determined by1

the Select Committee on Intelligence of the Senate,2

the Committee on Homeland Security and Govern-3

mental Affairs of the Senate shall have continuing4

legislative oversight jurisdiction in the Senate with5

respect to the Collection.6

(2) HOUSE OF REPRESENTATIVES.—Unless7

otherwise determined appropriate by the Permanent8

Select Committee on Intelligence of the House of9

Representatives, the Committee on Oversight and10

Accountability of the House of Representatives shall11

have continuing legislative oversight jurisdiction in12

the House of Representatives with respect to the13

Collection.14

SEC. ll05. REVIEW, IDENTIFICATION, TRANSMISSION TO15

THE NATIONAL ARCHIVES, AND PUBLIC DIS-16

CLOSURE OF UNIDENTIFIED ANOMALOUS17

PHENOMENA RECORDS BY GOVERNMENT OF-18

FICES.19

(a) IDENTIFICATION, ORGANIZATION, AND PREPARA-20

TION FOR TRANSMISSION.—21

(1) IN GENERAL.—As soon as practicable after22

the date of the enactment of this Act, each head of23

a Government office shall—24

BAG23A78 JDP S.L.C.

(A) identify and organize records in the1

possession of the Government office or under2

the control of the Government office relating to3

unidentified anomalous phenomena; and4

(B) prepare such records for transmission5

to the Archivist for inclusion in the Collection.6

(2) PROHIBITIONS.—(A) No unidentified anom-7

alous phenomena record shall be destroyed, altered,8

or mutilated in any way.9

(B) No unidentified anomalous phenomena10

record made available or disclosed to the public prior11

to the date of the enactment of this Act may be12

withheld, redacted, postponed for public disclosure,13

or reclassified.14

record created by a person or entity outside the Fed-16

eral Government (excluding names or identities con-17

sistent with the requirements of section ll06)18

shall be withheld, redacted, postponed for public dis-19

closure, or reclassified.20

(b) CUSTODY OF UNIDENTIFIED ANOMALOUS PHE-21

NOMENA RECORDS PENDING REVIEW.—During the re-22

view by the heads of Government offices under subsection23

head of a Government office shall retain custody of the25

BAG23A78 JDP S.L.C.

unidentified anomalous phenomena records of the office1

for purposes of preservation, security, and efficiency, un-2

less—3

(1) the Review Board requires the physical4

transfer of the records for purposes of conducting an5

independent and impartial review;6

(2) transfer is necessary for an administrative7

hearing or other Review Board function; or8

(3) it is a third agency record described in sub-9

section (c)(2)(C).10

(1) IN GENERAL.—Not later than 300 days12

after the date of the enactment of this Act, each13

head of a Government office shall review, identify,14

and organize each unidentified anomalous phe-15

nomena record in the custody or possession of the16

office for—17

(A) disclosure to the public;18

(B) review by the Review Board; and19

(2) REQUIREMENTS.—In carrying out para-21

graph (1), the head of a Government office shall—22

(A) determine which of the records of the23

office are unidentified anomalous phenomena24

records;25

BAG23A78 JDP S.L.C.

(B) determine which of the unidentified1

anomalous phenomena records of the office2

have been officially disclosed or made publicly3

available in a complete and unredacted form;4

(C)(i) determine which of the unidentified5

anomalous phenomena records of the office, or6

particular information contained in such a7

record, was created by a third agency or by an-8

other Government office; and9

(ii) transmit to a third agency or other10

Government office those records, or particular11

information contained in those records, or com-12

plete and accurate copies thereof;13

(D)(i) determine whether the unidentified14

anomalous phenomena records of the office or15

particular information in unidentified anoma-16

lous phenomena records of the office are cov-17

ered by the standards for postponement of pub-18

lic disclosure under this title; and19

(ii) specify on the identification aid re-20

quired by subsection (d) the applicable post-21

ponement provision contained in section22

ll06;23

(E) organize and make available to the Re-24

view Board all unidentified anomalous phe-25

BAG23A78 JDP S.L.C.

nomena records identified under subparagraph1

(D) the public disclosure of, which in-whole or2

in-part, may be postponed under this title;3

(F) organize and make available to the Re-4

view Board any record concerning which the of-5

fice has any uncertainty as to whether the6

record is an unidentified anomalous phenomena7

record governed by this title;8

(G) give precedence of work to—9

(i) the identification, review, and10

transmission of unidentified anomalous11

phenomena records not already publicly12

available or disclosed as of the date of the13

enactment of this Act;14

(ii) the identification, review, and15

transmission of all records that most un-16

ambiguously and definitively pertain to un-17

identified anomalous phenomena, tech-18

nologies of unknown origin, and non-19

human intelligence;20

(iii) the identification, review, and21

transmission of unidentified anomalous22

phenomena records that on the date of the23

enactment of this Act are the subject of24

BAG23A78 JDP S.L.C.

litigation under section 552 of title 5,1

United States Code; and2

(iv) the identification, review, and3

transmission of unidentified anomalous4

phenomena records with earliest prove-5

nance when not inconsistent with clauses6

(i) through (iii) and otherwise feasible; and7

(H) make available to the Review Board8

any additional information and records that the9

Review Board has reason to believe the Review10

Board requires for conducting a review under11

this title.12

(3) PRIORITY OF EXPEDITED REVIEW FOR DI-13

RECTORS OF CERTAIN ARCHIVAL DEPOSITORIES.—14

The Director of each archival depository established15

under section 2112 of title 44, United States Code,16

shall have as a priority the expedited review for pub-17

lic disclosure of unidentified anomalous phenomena18

records in the possession and custody of the deposi-19

tory, and shall make such records available to the20

Review Board as required by this title.21

(d) IDENTIFICATION AIDS.—22

(1) IN GENERAL.—(A) Not later than 45 days23

after the date of the enactment of this Act, the Ar-24

chivist, in consultation with the heads of such Gov-25

BAG23A78 JDP S.L.C.

ernment offices as the Archivist considers appro-1

priate, shall prepare and make available to all Gov-2

ernment offices a standard form of identification, or3

finding aid, for use with each unidentified anoma-4

lous phenomena record subject to review under this5

title whether in hardcopy (physical), softcopy (elec-6

tronic), or digitized data format as may be appro-7

priate.8

(B) The Archivist shall ensure that the identi-9

fication aid program is established in such a manner10

as to result in the creation of a uniform system for11

cataloging and finding every unidentified anomalous12

phenomena record subject to review under this title13

where ever and how ever stored in hardcopy (phys-14

ical), softcopy (electronic), or digitized data format.15

(2) REQUIREMENTS FOR GOVERNMENT OF-16

FICES.—Upon completion of an identification aid17

using the standard form of identification prepared18

and made available under subparagraph (A) of para-19

graph (1) for the program established pursuant to20

subparagraph (B) of such paragraph, the head of a21

Government office shall—22

(A) attach a printed copy to each physical23

unidentified anomalous phenomena record, and24

an electronic copy to each softcopy or digitized25

BAG23A78 JDP S.L.C.

data unidentified anomalous phenomena record,1

the identification aid describes;2

(B) transmit to the Review Board a print-3

ed copy for each physical unidentified anoma-4

lous phenomena record and an electronic copy5

for each softcopy or digitized data unidentified6

anomalous phenomena record the identification7

aid describes; and8

unidentified anomalous phenomena record, and10

an electronic copy to each softcopy or digitized11

data unidentified anomalous phenomena record12

the identification aid describes, when trans-13

mitted to the Archivist.14

(3) RECORDS OF THE NATIONAL ARCHIVES15

THAT ARE PUBLICLY AVAILABLE.—Unidentified16

anomalous phenomena records which are in the pos-17

session of the National Archives on the date of the18

enactment of this Act, and which have been publicly19

available in their entirety without redaction, shall be20

made available in the Collection without any addi-21

tional review by the Review Board or another au-22

thorized office under this title, and shall not be re-23

quired to have such an identification aid unless re-24

quired by the Archivist.25

BAG23A78 JDP S.L.C.

(e) TRANSMISSION TO THE NATIONAL ARCHIVES.—1

Each head of a Government office shall—2

(1) transmit to the Archivist, and make imme-3

diately available to the public, all unidentified anom-4

alous phenomena records of the Government office5

that can be publicly disclosed, including those that6

are publicly available on the date of the enactment7

of this Act, without any redaction, adjustment, or8

withholding under the standards of this title; and9

(2) transmit to the Archivist upon approval for10

postponement by the Review Board or upon comple-11

tion of other action authorized by this title, all un-12

identified anomalous phenomena records of the Gov-13

ernment office the public disclosure of which has14

been postponed, in whole or in part, under the15

standards of this title, to become part of the pro-16

tected, yet-to-be disclosed, or classified portion of17

the Collection.18

(f) CUSTODY OF POSTPONED UNIDENTIFIED ANOMA-19

LOUS PHENOMENA RECORDS.—An unidentified anoma-20

lous phenomena record the public disclosure of which has21

been postponed shall, pending transmission to the Archi-22

vist, be held for reasons of security and preservation by23

the originating body until such time as the information24

BAG23A78 JDP S.L.C.

security program has been established at the National Ar-1

chives as required in section ll04(d)(2).2

(g) PERIODIC REVIEW OF POSTPONED UNIDENTI-3

FIED ANOMALOUS PHENOMENA RECORDS.—4

(1) IN GENERAL.—All postponed or redacted5

records shall be reviewed periodically by the origi-6

nating agency and the Archivist consistent with the7

recommendations of the Review Board in the Con-8

trolled Disclosure Campaign Plan under section9

ll09(c)(3)(B).10

(2) REQUIREMENTS.—(A) A periodic review11

under paragraph (1) shall address the public disclo-12

sure of additional unidentified anomalous phe-13

nomena records in the Collection under the stand-14

ards of this title.15

(B) All postponed unidentified anomalous phe-16

nomena records determined to require continued17

postponement shall require an unclassified written18

description of the reason for such continued post-19

ponement relevant to these specific records. Such de-20

scription shall be provided to the Archivist and pub-21

lished in the Federal Register upon determination.22

in the Controlled Disclosure Campaign Plan shall be24

revised or amended only if the Review Board is still25

BAG23A78 JDP S.L.C.

in session and concurs with the rationale for post-1

ponement, subject to the limitations in section2

ll09(d)(1).3

(D) The periodic review of postponed unidenti-4

fied anomalous phenomena records shall serve to5

downgrade and declassify security classified informa-6

tion.7

(E) Each unidentified anomalous phenomena8

record shall be publicly disclosed in full, and avail-9

able in the Collection, not later than the date that10

is 25 years after the date of the first creation of the11

record by the originating body, unless the President12

certifies, as required by this title, that—13

(i) continued postponement is made nec-14

essary by an identifiable harm to the military15

defense, intelligence operations, law enforce-16

ment, or conduct of foreign relations; and17

(ii) the identifiable harm is of such gravity18

that it outweighs the public interest in disclo-19

sure.20

(h) REQUIREMENTS FOR EXECUTIVE AGENCIES.—21

Executive agencies shall—22

(1) transmit digital records electronically in ac-23

cordance with section 2107 of title 44, United States24

Code;25

BAG23A78 JDP S.L.C.

(2) charge fees for copying unidentified anoma-1

lous phenomena records; and2

(3) grant waivers of such fees pursuant to the3

standards established by section 552(a)(4) of title 5,4

United States Code.5

SEC. ll06. GROUNDS FOR POSTPONEMENT OF PUBLIC6

DISCLOSURE OF UNIDENTIFIED ANOMALOUS7

PHENOMENA RECORDS.8

Disclosure of unidentified anomalous phenomena9

records or particular information in unidentified anoma-10

lous phenomena records to the public may be postponed11

subject to the limitations of this title if there is clear and12

convincing evidence that—13

(1) the threat to the military defense, intel-14

ligence operations, or conduct of foreign relations of15

the United States posed by the public disclosure of16

the unidentified anomalous phenomena record is of17

such gravity that it outweighs the public interest in18

disclosure, and such public disclosure would reveal—19

(A) an intelligence agent whose identity20

currently requires protection;21

(B) an intelligence source or method which22

is currently utilized, or reasonably expected to23

be utilized, by the Federal Government and24

which has not been officially disclosed, the dis-25

BAG23A78 JDP S.L.C.

closure of which would interfere with the con-1

duct of intelligence activities; or2

the military defense, intelligence operations, or4

conduct of foreign relations of the United5

States, the disclosure of which would demon-6

strably and substantially impair the national se-7

curity of the United States;8

(2) the public disclosure of the unidentified9

anomalous phenomena record would reveal the name10

or identity of a living person who provided confiden-11

tial information to the Federal Government and12

would pose a substantial risk of harm to that per-13

son;14

(3) the public disclosure of the unidentified15

anomalous phenomena record could reasonably be16

expected to constitute an unwarranted invasion of17

personal privacy, and that invasion of privacy is so18

substantial that it outweighs the public interest; or19

(4) the public disclosure of the unidentified20

anomalous phenomena record would compromise the21

existence of an understanding of confidentiality cur-22

rently requiring protection between a Federal Gov-23

ernment agent and a cooperating individual or a for-24

BAG23A78 JDP S.L.C.

eign government, and public disclosure would be so1

harmful that it outweighs the public interest.2

SEC. ll07. ESTABLISHMENT AND POWERS OF THE UN-3

IDENTIFIED ANOMALOUS PHENOMENA4

RECORDS REVIEW BOARD.5

(a) ESTABLISHMENT.—There is established as an6

independent agency a board to be known as the ‘‘Unidenti-7

fied Anomalous Phenomena Records Review Board’’.8

(b) APPOINTMENT.—9

(1) IN GENERAL.—The President, by and with10

the advice and consent of the Senate, shall appoint,11

without regard to political affiliation, 9 citizens of12

the United States to serve as members of the Review13

Board to ensure and facilitate the review, trans-14

mission to the Archivist, and public disclosure of15

government records relating to unidentified anoma-16

lous phenomena.17

(2) PERIOD FOR NOMINATIONS.—(A) The18

President shall make nominations to the Review19

Board not later than 90 calendar days after the date20

of the enactment of this Act.21

(B) If the Senate votes not to confirm a nomi-22

nation to the Review Board, the President shall23

make an additional nomination not later than 3024

days thereafter.25

BAG23A78 JDP S.L.C.

(3) CONSIDERATION OF RECOMMENDATIONS.—1

(A) The President shall make nominations to the2

Review Board after considering persons rec-3

ommended by the following:4

(i) The majority leader of the Senate.5

(ii) The minority leader of the Senate.6

(iii) The Speaker of the House of Rep-7

resentatives.8

(iv) The minority leader of the House of9

Representatives.10

(v) The Secretary of Defense.11

(vi) The National Academy of Sciences.12

(vii) The UAP Disclosure Foundation.13

(viii) The American Historical Association.14

(ix) Such other persons and organizations15

as the President considers appropriate.16

(B) If an individual or organization described in17

subparagraph (A) does not recommend at least 218

nominees meeting the qualifications stated in para-19

graph (5) by the date that is 45 days after the date20

of the enactment of this Act, the President shall21

consider for nomination the persons recommended22

by the other individuals and organizations described23

in such subparagraph.24

BAG23A78 JDP S.L.C.

organization described in subparagraph (A) to sub-2

mit additional nominations.3

(4) QUALIFICATIONS.—Persons nominated to4

the Review Board—5

(A) shall be impartial citizens, none of6

whom shall have had any previous or current7

involvement with any legacy program or con-8

trolling authority relating to the collection, ex-9

ploitation, or reverse engineering of technologies10

of unknown origin or the examination of bio-11

logical evidence of living or deceased non-12

human intelligence;13

(B) shall be distinguished persons of high14

national professional reputation in their respec-15

tive fields who are capable of exercising the16

independent and objective judgment necessary17

to the fulfillment of their role in ensuring and18

facilitating the review, transmission to the pub-19

lic, and public disclosure of records related to20

the government’s understanding of, and activi-21

ties associated with unidentified anomalous phe-22

nomena, technologies of unknown origin, and23

non-human intelligence and who possess an ap-24

BAG23A78 JDP S.L.C.

preciation of the value of such material to the1

public, scholars, and government; and2

(i) 1 current or former national secu-4

rity official;5

(ii) 1 current or former foreign service6

official;7

(iii) 1 scientist or engineer;8

(iv) 1 economist;9

(v) 1 professional historian; and10

(vi) 1 sociologist.11

(1) IN GENERAL.—All Review Board nominees13

shall be granted the necessary security clearances14

and accesses, including any and all relevant Presi-15

dential, departmental, and agency special access pro-16

grams, in an accelerated manner subject to the17

standard procedures for granting such clearances.18

(2) QUALIFICATION FOR NOMINEES.—All nomi-19

nees for appointment to the Review Board under20

subsection (b) shall qualify for the necessary security21

clearances and accesses prior to being considered for22

confirmation by the Committee on Homeland Secu-23

rity and Governmental Affairs of the Senate.24

(d) CONFIRMATION HEARINGS.—25

BAG23A78 JDP S.L.C.

(1) HOLDING HEARINGS.—Unless the Senate1

designates a different committee of jurisdiction, the2

Committee on Homeland Security and Governmental3

Affairs of the Senate shall hold confirmation hear-4

ings, and do so within 30 days after the first date5

in which the Senate is in session after the nomina-6

tion of a minimum of 3 individuals for appointment7

to the Review Board, including the Executive Direc-8

tor established under section ll08(a).9

(2) COMMITTEE VOTING.—Unless the Senate10

designates a different committee of jurisdiction, the11

Committee on Homeland Security and Governmental12

Affairs of the Senate shall vote on the nominations,13

and do so within 14 days after the first date on14

which the Senate is in session after the confirmation15

hearings, and shall report its results to the full Sen-16

ate immediately.17

(3) SENATE VOTING.—The Senate shall vote on18

each nominee to confirm or reject within 14 days19

after the first date on which the Senate is in session20

after reported by the Committee on Homeland Secu-21

rity and Governmental Affairs or by a different com-22

mittee as determined by the Senate.23

BAG23A78 JDP S.L.C.

(e) VACANCY.—A vacancy on the Review Board shall1

be filled in the same manner as specified for original ap-2

pointment within 30 days of the occurrence of the vacancy.3

(f) REMOVAL OF REVIEW BOARD MEMBER.—4

(1) IN GENERAL.—No member of the Review5

Board shall be removed from office, other than—6

(A) by impeachment and conviction; or7

(B) by the action of the President for inef-8

ficiency, neglect of duty, malfeasance in office,9

physical disability, mental incapacity, or any10

other condition that substantially impairs the11

performance of the member’s duties.12

(2) NOTICE OF REMOVAL.—(A) If a member of13

the Review Board is removed from office, and that14

removal is by the President, not later than 10 days15

after the removal, the President shall submit to the16

leadership of Congress, the Committee on Homeland17

Security and Governmental Affairs of the Senate18

and the Committee on Oversight and Reform of the19

House of Representatives, or to alternative commit-20

tees of jurisdiction as determined by the Senate and21

the House of Representatives, a report specifying22

the facts found and the grounds for the removal.23

(B) The President shall publish in the Federal24

BAG23A78 JDP S.L.C.

(A), except that the President may, if necessary to1

protect the rights of a person named in the report2

or to prevent undue interference with any pending3

prosecution, postpone or refrain from publishing any4

or all of the report until the completion of such5

pending cases or pursuant to privacy protection re-6

quirements in law.7

(3) JUDICIAL REVIEW.—(A) A member of the8

Review Board removed from office may obtain judi-9

cial review of the removal in a civil action com-10

menced in the United States District Court for the11

District of Columbia.12

(B) The member may be reinstated or granted13

other appropriate relief by order of the court.14

(g) COMPENSATION OF MEMBERS.—15

(1) IN GENERAL.—A member of the Review16

Board, other than the Executive Director under sec-17

tion ll08(c)(1), shall be compensated at a rate18

equal to the daily equivalent of the annual rate of19

basic pay prescribed for level IV of the Executive20

Schedule under section 5315 of title 5, United21

States Code, for each day (including travel time)22

during which the member is engaged in the perform-23

ance of the duties of the Review Board.24

BAG23A78 JDP S.L.C.

(2) TRAVEL EXPENSES.—A member of the Re-1

view Board shall be allowed reasonable travel ex-2

penses, including per diem in lieu of subsistence, at3

rates for employees of agencies under subchapter I4

of chapter 57 of title 5, United States Code, while5

away from the member’s home or regular place of6

business in the performance of services for the Re-7

view Board.8

(h) DUTIES OF THE REVIEW BOARD.—9

(1) IN GENERAL.—The Review Board shall con-10

sider and render decisions on a determination by a11

Government office to seek to postpone the disclosure12

of unidentified anomalous phenomena records.13

(2) CONSIDERATIONS AND RENDERING OF DE-14

CISIONS.—In carrying out paragraph (1), the Review15

Board shall consider and render decisions—16

(A) whether a record constitutes a uniden-17

tified anomalous phenomena record; and18

(B) whether a unidentified anomalous phe-19

nomena record or particular information in a20

record qualifies for postponement of disclosure21

under this title.22

(i) POWERS.—23

BAG23A78 JDP S.L.C.

(1) IN GENERAL.—The Review Board shall1

have the authority to act in a manner prescribed2

under this title, including authority—3

(A) to direct Government offices to com-4

plete identification aids and organize unidenti-5

fied anomalous phenomena records;6

(B) to direct Government offices to trans-7

mit to the Archivist unidentified anomalous8

phenomena records as required under this title,9

including segregable portions of unidentified10

anomalous phenomena records and substitutes11

and summaries of unidentified anomalous phe-12

nomena records that can be publicly disclosed13

to the fullest extent;14

(C)(i) to obtain access to unidentified15

anomalous phenomena records that have been16

identified and organized by a Government of-17

fice;18

(ii) to direct a Government office to make19

available to the Review Board, and if necessary20

investigate the facts surrounding, additional in-21

formation, records, or testimony from individ-22

uals which the Review Board has reason to be-23

lieve are required to fulfill its functions and re-24

sponsibilities under this title; and25

BAG23A78 JDP S.L.C.

(iii) request the Attorney General to sub-1

poena private persons to compel testimony,2

records, and other information relevant to its3

responsibilities under this title;4

(D) require any Government office to ac-5

count in writing for the destruction of any6

records relating to unidentified anomalous phe-7

nomena, technologies of unknown origin, or8

non-human intelligence;9

(E) receive information from the public re-10

garding the identification and public disclosure11

of unidentified anomalous phenomena records;12

(F) hold hearings, administer oaths, and13

subpoena witnesses and documents;14

(G) use the Federal Acquisition Service in15

the same manner and under the same condi-16

tions as other Executive agencies; and17

(H) use the United States mails in the18

same manner and under the same conditions as19

other Executive agencies.20

(2) ENFORCEMENT OF SUBPOENA.—A sub-21

poena issued under paragraph (1)(C)(iii) may be en-22

forced by any appropriate Federal court acting pur-23

suant to a lawful request of the Review Board.24

BAG23A78 JDP S.L.C.

(j) WITNESS IMMUNITY.—The Review Board shall be1

considered to be an agency of the United States for pur-2

poses of section 6001 of title 18, United States Code. Wit-3

nesses, close observers, and whistleblowers providing infor-4

mation directly to the Review Board shall also be afforded5

the protections provided to such persons specified under6

section 1673(b) of the James M. Inhofe National Defense7

Authorization Act for Fiscal Year 2023 (50 U.S.C.8

3373b(b)).9

(k) OVERSIGHT.—10

(1) SENATE.—Unless otherwise determined by11

the Senate, the Committee on Homeland Security12

and Governmental Affairs of the Senate shall have13

continuing legislative oversight jurisdiction in the14

Senate with respect to the official conduct of the Re-15

view Board and the disposition of postponed records16

after termination of the Review Board, and shall17

have access to any records held or created by the18

Review Board.19

(2) HOUSE OF REPRESENTATIVES.—Unless20

otherwise determined appropriate by the House of21

Representatives, the Committee on Oversight and22

Accountability of the House of Representatives shall23

have continuing legislative oversight jurisdiction in24

the House of Representatives with respect to the of-25

BAG23A78 JDP S.L.C.

ficial conduct of the Review Board and the disposi-1

tion of postponed records after termination of the2

Review Board, and shall have access to any records3

held or created by the Review Board.4

(3) DUTY TO COOPERATE.—The Review Board5

shall have the duty to cooperate with the exercise of6

oversight jurisdiction described in this subsection.7

(l) SUPPORT SERVICES.—The Administrator of the8

General Services Administration shall provide administra-9

tive services for the Review Board on a reimbursable basis.10

(m) INTERPRETIVE REGULATIONS.—The Review11

Board may issue interpretive regulations.12

(n) TERMINATION AND WINDING DOWN.—13

(1) IN GENERAL.—The Review Board and the14

terms of its members shall terminate not later than15

September 30, 2030, unless extended by Congress.16

(2) REPORTS.—Upon its termination, the Re-17

view Board shall submit to the President and Con-18

gress reports, including a complete and accurate ac-19

counting of expenditures during its existence and20

shall complete all other reporting requirements21

under this title.22

(3) TRANSFER OF RECORDS.—Upon termi-23

nation and winding down, the Review Board shall24

transfer all of its records to the Archivist for inclu-25

BAG23A78 JDP S.L.C.

sion in the Collection, and no record of the Review1

Board shall be destroyed.2

SEC. ll08. UNIDENTIFIED ANOMALOUS PHENOMENA3

RECORDS REVIEW BOARD PERSONNEL.4

(a) EXECUTIVE DIRECTOR.—5

(1) APPOINTMENT.—Not later than 45 days6

after the date of the enactment of this Act, the7

President shall appoint 1 citizen of the United8

States, without regard to political affiliation, to the9

position of Executive Director of the Review Board.10

This position counts as 1 of the 9 Review Board11

members under section ll07(b)(1).12

(2) QUALIFICATIONS.—The person appointed as13

Executive Director shall be a private citizen of integ-14

rity and impartiality who—15

(A) is a distinguished professional; and16

(B) is not a present employee of the Fed-17

eral Government; and18

ment with any legacy program or controlling20

authority relating to the collection, exploitation,21

or reverse engineering of technologies of un-22

known origin or the examination of biological23

evidence of living or deceased non-human intel-24

ligence.25

BAG23A78 JDP S.L.C.

(3) SECURITY CLEARANCES.—(A) A candidate1

for Executive Director shall be granted all the nec-2

essary security clearances and accesses, including to3

relevant Presidential and department or agency spe-4

cial access and compartmented access programs in5

an accelerated manner subject to the standard pro-6

cedures for granting such clearances.7

(B) A candidate shall qualify for the necessary8

security clearances and accesses prior to being ap-9

pointed by the President.10

(4) FUNCTIONS.—The Executive Director11

shall—12

(A) serve as principal liaison to the Execu-13

tive Office of the President and Congress;14

(B) serve as Chairperson of the Review15

Board;16

and coordination of the Review Board’s review18

of records;19

(D) be responsible for the administration20

of all official activities conducted by the Review21

Board;22

(E) exercise tie-breaking Review Board au-23

thority to decide or determine whether any24

BAG23A78 JDP S.L.C.

record should be disclosed to the public or post-1

poned for disclosure; and2

(F) retain right-of-appeal directly to the3

President for decisions pertaining to executive4

branch unidentified anomalous phenomena5

records for which the Executive Director and6

Review Board members may disagree.7

(5) REMOVAL.—The Executive Director shall8

not be removed for reasons other for cause on the9

grounds of inefficiency, neglect of duty, malfeasance10

in office, physical disability, mental incapacity, or11

any other condition that substantially impairs the12

performance of the responsibilities of the Executive13

Director or the staff of the Review Board.14

(b) STAFF.—15

(1) IN GENERAL.—The Review Board, without16

regard to the civil service laws, may appoint and ter-17

minate additional personnel as are necessary to en-18

able the Review Board and its Executive Director to19

perform the duties of the Review Board.20

(2) QUALIFICATIONS.—Except as provided in21

subparagraph (B), a person appointed to the staff of22

the Review Board shall be a citizen of integrity and23

impartiality who has had no previous or current in-24

volvement with any legacy program or controlling25

BAG23A78 JDP S.L.C.

authority relating to the collection, exploitation, or1

reverse engineering of technologies of unknown ori-2

gin or the examination of biological evidence of liv-3

ing or deceased non-human intelligence.4

(3) SECURITY CLEARANCES.—(A) A candidate5

for staff shall be granted the necessary security6

clearances (including all necessary special access7

program clearances) in an accelerated manner sub-8

ject to the standard procedures for granting such9

clearances.10

(B)(i) The Review Board may offer conditional11

employment to a candidate for a staff position pend-12

ing the completion of security clearance background13

investigations. During the pendency of such inves-14

tigations, the Review Board shall ensure that any15

such employee does not have access to, or responsi-16

bility involving, classified or otherwise restricted un-17

identified anomalous phenomena record materials.18

(ii) If a person hired on a conditional basis19

under clause (i) is denied or otherwise does not qual-20

ify for all security clearances necessary to carry out21

the responsibilities of the position for which condi-22

tional employment has been offered, the Review23

Board shall immediately terminate the person’s em-24

ployment.25

BAG23A78 JDP S.L.C.

(4) SUPPORT FROM NATIONAL DECLASSIFICA-1

TION CENTER.—The Archivist shall assign one rep-2

resentative in full-time equivalent status from the3

National Declassification Center to advise and sup-4

port the Review Board disclosure postponement re-5

view process in a non-voting staff capacity.6

be adopted by the Review Board, without regard to the8

provisions of title 5, United States Code, governing ap-9

pointments in the competitive service and without regard10

to the provisions of chapter 51 and subchapter III of chap-11

ter 53 of that title relating to classification and General12

Schedule pay rates—13

(1) the Executive Director shall be compensated14

at a rate not to exceed the rate of basic pay for level15

II of the Executive Schedule and shall serve the en-16

tire tenure as one full-time equivalent; and17

(2) the Executive Director shall appoint and fix18

compensation of such other personnel as may be19

necessary to carry out this title.20

(d) ADVISORY COMMITTEES.—21

(1) AUTHORITY.—The Review Board may cre-22

ate advisory committees to assist in fulfilling the re-23

sponsibilities of the Review Board under this title.24

BAG23A78 JDP S.L.C.

(2) FACA.—Any advisory committee created by1

the Review Board shall be subject to chapter 10 of2

title 5, United States Code.3

(e) SECURITY CLEARANCE REQUIRED.—An indi-4

vidual employed in any position by the Review Board (in-5

cluding an individual appointed as Executive Director)6

shall be required to qualify for any necessary security7

clearance prior to taking office in that position, but may8

be employed conditionally in accordance with subsection9

(b)(3)(B) before qualifying for that clearance.10

SEC. ll09. REVIEW OF RECORDS BY THE UNIDENTIFIED11

ANOMALOUS PHENOMENA RECORDS REVIEW12

BOARD.13

(a) CUSTODY OF RECORDS REVIEWED BY REVIEW14

BOARD.—Pending the outcome of a review of activity by15

the Review Board, a Government office shall retain cus-16

tody of its unidentified anomalous phenomena records for17

purposes of preservation, security, and efficiency, unless—18

(1) the Review Board requires the physical19

transfer of records for reasons of conducting an20

independent and impartial review; or21

(2) such transfer is necessary for an adminis-22

trative hearing or other official Review Board func-23

tion.24

BAG23A78 JDP S.L.C.

(b) STARTUP REQUIREMENTS.—The Review Board1

shall—2

(1) not later than 90 days after the date of its3

appointment, publish a schedule in the Federal Reg-4

ister for review of all unidentified anomalous phe-5

nomena records;6

(2) not later than 180 days after the date of7

the enactment of this Act, begin its review of un-8

identified anomalous phenomena records under this9

title; and10

(3) periodically thereafter as warranted, but not11

less frequently than semiannually, publish a revised12

schedule in the Federal Register addressing the re-13

view and inclusion of any unidentified anomalous14

phenomena records subsequently discovered.15

(1) IN GENERAL.—The Review Board shall di-17

rect that all unidentified anomalous phenomena18

records be transmitted to the Archivist and disclosed19

to the public in the Collection in the absence of clear20

and convincing evidence that—21

(A) a Government record is not an uniden-22

tified anomalous phenomena record; or23

(B) a Government record, or particular in-24

formation within an unidentified anomalous25

BAG23A78 JDP S.L.C.

phenomena record, qualifies for postponement1

of public disclosure under this title.2

(2) REQUIREMENTS.—In approving postpone-3

ment of public disclosure of a unidentified anoma-4

lous phenomena record, the Review Board shall seek5

to—6

(A) provide for the disclosure of segregable7

parts, substitutes, or summaries of such a8

record; and9

(B) determine, in consultation with the10

originating body and consistent with the stand-11

ards for postponement under this title, which of12

the following alternative forms of disclosure13

shall be made by the originating body:14

(i) Any reasonably segregable par-15

ticular information in a unidentified anom-16

alous phenomena record.17

(ii) A substitute record for that infor-18

mation which is postponed.19

(iii) A summary of a unidentified20

anomalous phenomena record.21

(3) CONTROLLED DISCLOSURE CAMPAIGN22

PLAN.—With respect to unidentified anomalous phe-23

nomena records, particular information in unidenti-24

fied anomalous phenomena records, recovered tech-25

BAG23A78 JDP S.L.C.

nologies of unknown origin, and biological evidence1

for non-human intelligence the public disclosure of2

which is postponed pursuant to section ll06, or3

for which only substitutions or summaries have been4

disclosed to the public, the Review Board shall cre-5

ate and transmit to the President and to the Archi-6

vist a Controlled Disclosure Campaign Plan, with7

classified appendix, containing—8

(A) a description of actions by the Review9

Board, the originating body, the President, or10

any Government office (including a justification11

of any such action to postpone disclosure of any12

record or part of any record) and of any official13

proceedings conducted by the Review Board14

with regard to specific unidentified anomalous15

phenomena records; and16

(B) a benchmark-driven plan, based upon17

a review of the proceedings and in conformity18

with the decisions reflected therein, recom-19

mending precise requirements for periodic re-20

view, downgrading, and declassification as well21

as the exact time or specified occurrence fol-22

lowing which each postponed item may be ap-23

propriately disclosed to the public under this24

title.25

BAG23A78 JDP S.L.C.

(4) NOTICE FOLLOWING REVIEW AND DETER-1

MINATION.—(A) Following its review and a deter-2

mination that a unidentified anomalous phenomena3

record shall be publicly disclosed in the Collection or4

postponed for disclosure and held in the protected5

Collection, the Review Board shall notify the head of6

the originating body of the determination of the Re-7

view Board and publish a copy of the determination8

in the Federal Register within 14 days after the de-9

termination is made.10

(B) Contemporaneous notice shall be made to11

the President for Review Board determinations re-12

garding unidentified anomalous phenomena records13

of the executive branch of the Federal Government,14

and to the oversight committees designated in this15

title in the case of records of the legislative branch16

of the Federal Government. Such notice shall con-17

tain a written unclassified justification for public18

disclosure or postponement of disclosure, including19

an explanation of the application of any standards20

contained in section ll06.21

(d) PRESIDENTIAL AUTHORITY OVER REVIEW22

BOARD DETERMINATION.—23

(1) PUBLIC DISCLOSURE OR POSTPONEMENT24

OF DISCLOSURE.—After the Review Board has made25

BAG23A78 JDP S.L.C.

a formal determination concerning the public disclo-1

sure or postponement of disclosure of an unidenti-2

fied anomalous phenomena record of the executive3

branch of the Federal Government or information4

within such a record, or of any information con-5

tained in a unidentified anomalous phenomena6

record, obtained or developed solely within the exec-7

utive branch of the Federal Government, the Presi-8

dent shall—9

(A) have the sole and nondelegable author-10

ity to require the disclosure or postponement of11

such record or information under the standards12

set forth in section ll06; and13

(B) provide the Review Board with both an14

unclassified and classified written certification15

specifying the President’s decision within 3016

days after the Review Board’s determination17

and notice to the executive branch agency as re-18

quired under this title, stating the justification19

for the President’s decision, including the appli-20

cable grounds for postponement under section21

ll06, accompanied by a copy of the identi-22

fication aid required under section ll04.23

(2) PERIODIC REVIEW.—(A) Any unidentified24

anomalous phenomena record postponed by the25

BAG23A78 JDP S.L.C.

President shall henceforth be subject to the require-1

ments of periodic review, downgrading, declassifica-2

tion, and public disclosure in accordance with the3

recommended timeline and associated requirements4

specified in the Controlled Disclosure Campaign5

Plan unless these conflict with the standards set6

forth in section ll06.7

(B) This paragraph supersedes all prior declas-8

sification review standards that may previously have9

been deemed applicable to unidentified anomalous10

phenomena records.11

(3) RECORD OF PRESIDENTIAL POSTPONE-12

MENT.—The Review Board shall, upon its receipt—13

(A) publish in the Federal Register a copy14

of any unclassified written certification, state-15

ment, and other materials transmitted by or on16

behalf of the President with regard to postpone-17

ment of unidentified anomalous phenomena18

records; and19

(B) revise or amend recommendations in20

the Controlled Disclosure Campaign Plan ac-21

cordingly.22

(e) NOTICE TO PUBLIC.—Every 30 calendar days, be-23

ginning on the date that is 60 calendar days after the date24

on which the Review Board first approves the postpone-25

BAG23A78 JDP S.L.C.

ment of disclosure of a unidentified anomalous phenomena1

record, the Review Board shall publish in the Federal Reg-2

ister a notice that summarizes the postponements ap-3

proved by the Review Board or initiated by the President,4

the Senate, or the House of Representatives, including a5

description of the subject, originating agency, length or6

other physical description, and each ground for postpone-7

ment that is relied upon to the maximum extent classifica-8

tion restrictions permitting.9

(f) REPORTS BY THE REVIEW BOARD.—10

(1) IN GENERAL.—The Review Board shall re-11

port its activities to the leadership of Congress, the12

Committee on Homeland Security and Governmental13

Affairs of the Senate, the Committee on Oversight14

and Reform of the House of Representatives, the15

President, the Archivist, and the head of any Gov-16

ernment office whose records have been the subject17

of Review Board activity.18

(2) FIRST REPORT.—The first report shall be19

issued on the date that is 1 year after the date of20

enactment of this Act, and subsequent reports every21

1 year thereafter until termination of the Review22

Board.23

(3) CONTENTS.—A report under paragraph (1)24

shall include the following information:25

BAG23A78 JDP S.L.C.

(A) A financial report of the expenses for1

all official activities and requirements of the2

Review Board and its personnel.3

(B) The progress made on review, trans-4

mission to the Archivist, and public disclosure5

of unidentified anomalous phenomena records.6

identified anomalous phenomena records in-8

volved in the completion of the Review Board’s9

performance under this title.10

(D) Any special problems, including re-11

quests and the level of cooperation of Govern-12

ment offices, with regard to the ability of the13

Review Board to operate as required by this14

title.15

(E) A record of review activities, including16

a record of postponement decisions by the Re-17

view Board or other related actions authorized18

by this title, and a record of the volume of19

records reviewed and postponed.20

(F) Suggestions and requests to Congress21

for additional legislative authority needs.22

(4) COPIES AND BRIEFS.—Coincident with the23

reporting requirements in paragraph (2), or more24

frequently as warranted by new information, the Re-25

BAG23A78 JDP S.L.C.

view Board shall provide copies to, and fully brief,1

at a minimum the President, the Archivist, leader-2

ship of Congress, and the Chairs and Chairmen, as3

the case may be, and Ranking Members and Vice4

Chairmen, as the case may be, of such other com-5

mittees as leadership of Congress determines appro-6

priate on the Controlled Disclosure Campaign Plan,7

classified appendix, and postponed disclosures, spe-8

cifically addressing—9

(A) recommendations for periodic review,10

downgrading, and declassification as well as the11

exact time or specified occurrence following12

which specific unidentified anomalous phe-13

nomena records and material may be appro-14

priately disclosed;15

(B) the rationale behind each postpone-16

ment determination and the recommended17

means to achieve disclosure of each postponed18

item;19

Board chooses to offer; and21

(D) an addendum containing copies of re-22

ports of postponed records to the Archivist re-23

quired under subsection (c)(3) made since the24

BAG23A78 JDP S.L.C.

date of the preceding report under this sub-1

section.2

(5) NOTICE.—At least 90 calendar days before3

completing its work, the Review Board shall provide4

written notice to the President and Congress of its5

intention to terminate its operations at a specified6

date.7

(6) BRIEFING THE ALL-DOMAIN ANOMALY RES-8

OLUTION OFFICE.—Coincident with the provision in9

paragraph (5), if not accomplished earlier under10

paragraph (4), the Review Board shall brief the All-11

domain Anomaly Resolution Office established pur-12

suant to section 1683 of the National Defense Au-13

thorization Act for Fiscal Year 2022 (50 U.S.C.14

3373), or its successor, as subsequently designated15

by Act of Congress, on the Controlled Disclosure16

Campaign Plan, classified appendix, and postponed17

disclosures.18

SEC. ll10. DISCLOSURE OF RECOVERED TECHNOLOGIES19

OF UNKNOWN ORIGIN AND BIOLOGICAL EVI-20

DENCE OF NON-HUMAN INTELLIGENCE.21

(a) EXERCISE OF EMINENT DOMAIN.—The Federal22

Government shall exercise eminent domain over any and23

all recovered technologies of unknown origin and biological24

evidence of non-human intelligence that may be controlled25

BAG23A78 JDP S.L.C.

by private persons or entities in the interests of the public1

good.2

(b) AVAILABILITY TO REVIEW BOARD.—Any and all3

such material, should it exist, shall be made available to4

the Review Board for personal examination and subse-5

quent disclosure determination at a location suitable to the6

controlling authority of said material and in a timely man-7

ner conducive to the objectives of the Review Board in ac-8

cordance with the requirements of this title.9

subsection (b), the Review Board shall consider and render11

decisions—12

(1) whether the material examined constitutes13

technologies of unknown origin or biological evidence14

of non-human intelligence beyond a reasonable15

doubt;16

(2) whether recovered technologies of unknown17

origin, biological evidence of non-human intelligence,18

or a particular subset of material qualifies for post-19

ponement of disclosure under this title; and20

(3) what changes, if any, to the current disposi-21

tion of said material should the Federal Government22

make to facilitate full disclosure.23

(d) REVIEW BOARD ACCESS TO TESTIMONY AND24

WITNESSES.—The Review Board shall have access to all25

BAG23A78 JDP S.L.C.

testimony from unidentified anomalous phenomena wit-1

nesses, close observers and legacy program personnel and2

whistleblowers within the Federal Government’s posses-3

sion as of and after the date of the enactment of this Act4

in furtherance of Review Board disclosure determination5

responsibilities in section ll07(h) and subsection (c) of6

this section.7

(e) SOLICITATION OF ADDITIONAL WITNESSES.—8

The Review Board shall solicit additional unidentified9

anomalous phenomena witness and whistleblower testi-10

mony and afford protections under section 1673(b) of the11

James M. Inhofe National Defense Authorization Act for12

Fiscal Year 2023 (50 U.S.C. 3373b(b)) if deemed bene-13

ficial in fulfilling Review Board responsibilities under this14

title.15

SEC. ll11. DISCLOSURE OF OTHER MATERIALS AND ADDI-16

TIONAL STUDY.17

(a) MATERIALS UNDER SEAL OF COURT.—18

(1) INFORMATION HELD UNDER SEAL OF A19

COURT.—The Review Board may request the Attor-20

ney General to petition any court in the United21

States or abroad to release any information relevant22

to unidentified anomalous phenomena, technologies23

of unknown origin, or non-human intelligence that is24

held under seal of the court.25

BAG23A78 JDP S.L.C.

(2) INFORMATION HELD UNDER INJUNCTION1

OF SECRETARY OF GRAND JURY.—(A) The Review2

Board may request the Attorney General to petition3

any court in the United States to release any infor-4

mation relevant to unidentified anomalous phe-5

nomena, technologies of unknown origin, or non-6

human intelligence that is held under the injunction7

of secrecy of a grand jury.8

(B) A request for disclosure of unidentified9

anomalous phenomena, technologies of unknown ori-10

gin, and non-human intelligence materials under this11

title shall be deemed to constitute a showing of par-12

ticularized need under rule 6 of the Federal Rules13

of Criminal Procedure.14

(b) SENSE OF CONGRESS.—It is the sense of the15

Congress that—16

(1) the Attorney General should assist the Re-17

view Board in good faith to unseal any records that18

the Review Board determines to be relevant and held19

under seal by a court or under the injunction of se-20

crecy of a grand jury;21

(2) the Secretary of State should contact any22

foreign government that may hold material relevant23

to unidentified anomalous phenomena, technologies24

BAG23A78 JDP S.L.C.

of unknown origin, or non-human intelligence and1

seek disclosure of such material; and2

(3) all heads of Executive agencies should co-3

operate in full with the Review Board to seek the4

disclosure of all material relevant to unidentified5

anomalous phenomena, technologies of unknown ori-6

gin, and non-human intelligence consistent with the7

public interest.8

SEC. ll12. RULES OF CONSTRUCTION.9

(a) PRECEDENCE OVER OTHER LAW.—When this10

title requires transmission of a record to the Archivist or11

public disclosure, it shall take precedence over any other12

provision of law (except section 6103 of the Internal Rev-13

enue Code of 1986 specifying confidentiality and disclo-14

sure of tax returns and tax return information), judicial15

decision construing such provision of law, or common law16

doctrine that would otherwise prohibit such transmission17

or disclosure, with the exception of deeds governing access18

to or transfer or release of gifts and donations of records19

to the United States Government.20

(b) FREEDOM OF INFORMATION ACT.—Nothing in21

this title shall be construed to eliminate or limit any right22

to file requests with any executive agency or seek judicial23

review of the decisions pursuant to section 552 of title 5,24

United States Code.25

BAG23A78 JDP S.L.C.

construed to preclude judicial review, under chapter 7 of2

title 5, United States Code, of final actions taken or re-3

quired to be taken under this title.4

(d) EXISTING AUTHORITY.—Nothing in this title re-5

vokes or limits the existing authority of the President, any6

executive agency, the Senate, or the House of Representa-7

tives, or any other entity of the Federal Government to8

publicly disclose records in its possession.9

(e) RULES OF THE SENATE AND HOUSE OF REP-10

RESENTATIVES.—To the extent that any provision of this11

title establishes a procedure to be followed in the Senate12

or the House of Representatives, such provision is adopt-13

ed—14

(1) as an exercise of the rulemaking power of15

the Senate and House of Representatives, respec-16

tively, and is deemed to be part of the rules of each17

House, respectively, but applicable only with respect18

to the procedure to be followed in that House, and19

it supersedes other rules only to the extent that it20

is inconsistent with such rules; and21

(2) with full recognition of the constitutional22

right of either House to change the rules (so far as23

they relate to the procedure of that House) at any24

BAG23A78 JDP S.L.C.

time, in the same manner, and to the same extent1

as in the case of any other rule of that House.2

SEC. ll13. TERMINATION OF EFFECT OF TITLE.3

(a) PROVISIONS PERTAINING TO THE REVIEW4

BOARD.—The provisions of this title that pertain to the5

appointment and operation of the Review Board shall6

cease to be effective when the Review Board and the terms7

of its members have terminated pursuant to section8

ll07(n).9

(b) OTHER PROVISIONS.—(1) The remaining provi-10

sions of this title shall continue in effect until such time11

as the Archivist certifies to the President and Congress12

that all unidentified anomalous phenomena records have13

been made available to the public in accordance with this14

title.15

(2) In facilitation of the provision in paragraph (1),16

the All-domain Anomaly Resolution Office established pur-17

suant to section 1683 of the National Defense Authoriza-18

tion Act for Fiscal Year 2022 (50 U.S.C. 3373), or its19

successor as subsequently designated by Act of Congress,20

shall develop standardized unidentified anomalous phe-21

nomena declassification guidance applicable to any and all22

unidentified anomalous phenomena records generated by23

originating bodies subsequent to termination of the Review24

Board consistent with the requirements and intent of the25

BAG23A78 JDP S.L.C.

Controlled Disclosure Campaign Plan with respect to un-1

identified anomalous phenomena records originated prior2

to Review Board termination.3

SEC. ll14. AUTHORIZATION OF APPROPRIATIONS.4

(a) IN GENERAL.—There is authorized to be appro-5

priated to carry out the provisions of this title6

$20,000,000 for fiscal year 2024.7

(b) INTERIM FUNDING.—Until such time as funds8

are appropriated pursuant to subsection (a), the President9

may use such sums as are available for discretionary use10

to carry out this title.11

SEC. ll15. SEVERABILITY.12

If any provision of this title or the application thereof13

to any person or circumstance is held invalid, the remain-14

der of this title and the application of that provision to15

other persons not similarly situated or to other cir-16

cumstances shall not be affected by the invalidation.17

TRENDYPSYOPS

BAG23A78 JDP S.L.C. AMENDMENT NO.llll Calendar No.lll Purpose: To provide for the expeditious disclosure of uniden- tified anomalous phenomena records. IN THE SENATE OF THE UNITED STATES—118th Cong., 1st Sess. S. 2226

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