[Congressional Record Volume 167, Number 200 (Wednesday, November 17, 2021)]
[Senate]
[Pages S8354-S8356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4737. Mrs. GILLIBRAND (for herself, Mr. Rubio, Mr. Heinrich, Mr. 
Blunt, and Mr. Graham) submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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 in title XV, insert the 
     following:

     SEC. ___. ESTABLISHMENT OF STRUCTURE AND AUTHORITIES TO 
                   ADDRESS UNIDENTIFIED AERIAL PHENOMENA.

       (a) Establishment of Anomaly Surveillance and Resolution 
     Office.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     coordination with the Director of National Intelligence, 
     establish an office within an appropriate component of the 
     Department of Defense, or within a joint organization of the 
     Department of Defense and the Office of the Director of 
     National Intelligence, to assume--
       (A) the duties of the Unidentified Aerial Phenomenon Task 
     Force, as in effect on the day before the date of the 
     enactment of this Act; and
       (B) such other duties as are required by this section.
       (2) Designation.--The office established under paragraph 
     (1) shall be known as the ``Anomaly Surveillance and 
     Resolution Office'' (in this section referred to as the 
     ``Office'').
       (3) Termination or subordination of prior task force.--Upon 
     the establishment of the Anomaly Surveillance and Resolution 
     Office, the Secretary shall terminate the Unidentified Aerial 
     Phenomenon Task Force or subordinate it to the Office.
       (b) Facilitation of Reporting and Data Sharing.--The 
     Director and the Secretary shall each, in coordination with 
     each other, require that--
       (1) each element of the intelligence community and the 
     Department, with any data that may be relevant to the 
     investigation of unidentified aerial phenomena, make such 
     data available immediately to the Office; and
       (2) military and civilian personnel employed by or under 
     contract to the Department or an element of the intelligence 
     community shall have access to procedures by which they shall 
     report incidents or information, including adverse 
     physiological effects, involving or associated with 
     unidentified aerial phenomena directly to the Office.
       (c) Duties.--The duties of the Office established under 
     subsection (a) shall include the following:
       (1) Developing procedures to synchronize and standardize 
     the collection, reporting, and analysis of incidents, 
     including adverse physiological effects, regarding 
     unidentified aerial phenomena across the Department and in 
     consultation with the intelligence community.
       (2) Developing processes and procedures to ensure that such 
     incidents from each component of the Department and each 
     element of the intelligence community are reported and 
     incorporated in a centralized repository.
       (3) Establishing procedures to require the timely and 
     consistent reporting of such incidents.
       (4) Evaluating links between unidentified aerial phenomena 
     and adversarial foreign governments, other foreign 
     governments, or nonstate actors.
       (5) Evaluating the threat that such incidents present to 
     the United States.
       (6) Consulting with other departments and agencies of the 
     Federal Government, as appropriate, including the Federal 
     Aviation Administration, the National Aeronautics and Space 
     Administration, the Department of Homeland Security, the 
     National Oceanic and Atmospheric Administration, and the 
     Department of Energy.
       (7) Consulting with allies and partners of the United 
     States, as appropriate, to better assess the nature and 
     extent of unidentified aerial phenomena.
       (8) Preparing reports for Congress, in both classified and 
     unclassified form, as required by subsections (h) and (i).
       (d) Employment of Line Organizations for Field 
     Investigations of Unidentified Aerial Phenomena.--
       (1) In general.--The Secretary shall, in coordination with 
     the Director, designate line organizations within the 
     Department of Defense and the intelligence community that 
     possess appropriate expertise, authorities, accesses, data, 
     systems, platforms, and capabilities to rapidly respond to, 
     and conduct field investigations of, incidents involving 
     unidentified aerial phenomena under the direction of the 
     Office.
       (2) Personnel, equipment, and resources.--The Secretary, in 
     coordination with the Director, shall take such actions as 
     may be necessary to ensure that the designated organization 
     or organizations have available adequate personnel with 
     requisite expertise, equipment, transportation, and other 
     resources necessary to respond rapidly to incidents or 
     patterns of observations of unidentified aerial phenomena of 
     which the Office becomes aware.
       (e) Utilization of Line Organizations for Scientific, 
     Technological, and Operational Analyses of Data on 
     Unidentified Aerial Phenomena.--
       (1) In general.--The Secretary, in coordination with the 
     Director, shall designate one or more line organizations that 
     will be primarily responsible for scientific, technical, and 
     operational analysis of data gathered by field investigations 
     conducted under subsection (d), or data from other sources, 
     including testing of materials, medical studies, and 
     development of theoretical models to better understand and 
     explain unidentified aerial phenomena.
       (2) Authority.--The Secretary and the Director shall 
     promulgate such directives as necessary to ensure that the 
     designated line organizations have authority to draw on 
     special expertise of persons outside the Federal Government 
     with appropriate security clearances.
       (f) Intelligence Collection and Analysis Plan.--
       (1) In general.--The head of the Office shall supervise the 
     development and execution of an intelligence collection and 
     analysis plan on behalf of the Secretary and the Director to 
     gain as much knowledge as possible regarding the technical 
     and operational characteristics, origins, and intentions of 
     unidentified aerial phenomena, including the development, 
     acquisition, deployment, and operation of technical 
     collection capabilities necessary to detect, identify, and 
     scientifically characterize unidentified aerial phenomena.
       (2) Use of resources and capabilities.--In developing the 
     plan required by paragraph (1), the head of the Office shall 
     consider and propose, as appropriate, the use of any 
     resource, capability, asset, or process of the Department and 
     the intelligence community.
       (g) Science Plan.--The head of the Office shall supervise 
     the development and execution of a science plan on behalf of 
     the Secretary and the Director to develop and test, as 
     practicable, scientific theories to account for 
     characteristics and performance of unidentified aerial 
     phenomena that exceed the known state of the art in science 
     or technology, including in the areas of propulsion, 
     aerodynamic control, signatures, structures, materials, 
     sensors, countermeasures, weapons, electronics, and power 
     generation, and to provide the foundation for potential 
     future investments to replicate any such advanced 
     characteristics and performance.
       (h) Assignment of Priority.--The Director, in consultation 
     with, and with the recommendation of the Secretary, shall 
     assign an appropriate level of priority within the National 
     Intelligence Priorities Framework to the requirement to 
     understand, characterize, and respond to unidentified aerial 
     phenomena.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     the work of the Office, including--

[[Page S8355]]

       (1) general intelligence gathering and intelligence 
     analysis; and
       (2) strategic defense, space defense, defense of controlled 
     air space, defense of ground, air, or naval assets, and 
     related purposes.
       (j) Annual Report.--
       (1) Requirement.--Not later than October 31, 2022, and 
     annually thereafter until October 31, 2026, the Secretary in 
     consultation with the Director, shall submit to the 
     appropriate committees of Congress a report on unidentified 
     aerial phenomena.
       (2) Elements.--Each report under paragraph (1) shall 
     include, with respect to the year covered by the report, the 
     following information:
       (A) An analysis of data and intelligence received through 
     reports of unidentified aerial phenomena.
       (B) An analysis of data relating to unidentified aerial 
     phenomena collected through--
       (i) geospatial intelligence
       (ii) signals intelligence;
       (iii) human intelligence; and
       (iv) measurement and signals intelligence.
       (C) The number of reported incidents of unidentified aerial 
     phenomena over restricted air space of the United States.
       (D) An analysis of such incidents identified under 
     subparagraph (C).
       (E) Identification of potential aerospace or other threats 
     posed by unidentified aerial phenomena to the national 
     security of the United States.
       (F) An assessment of any activity regarding unidentified 
     aerial phenomena that can be attributed to one or more 
     adversarial foreign governments.
       (G) Identification of any incidents or patterns regarding 
     unidentified aerial phenomena that indicate a potential 
     adversarial foreign government may have achieved a 
     breakthrough aerospace capability.
       (H) An update on the coordination by the United States with 
     allies and partners on efforts to track, understand, and 
     address unidentified aerial phenomena.
       (I) An update on any efforts to capture or exploit 
     discovered unidentified aerial phenomena.
       (J) An assessment of any health-related effects for 
     individuals who have encountered unidentified aerial 
     phenomena.
       (K) The number of reported incidents, and descriptions 
     thereof, of unidentified aerial phenomena associated with 
     military nuclear assets, including strategic nuclear weapons 
     and nuclear-powered ships and submarines.
       (L) In consultation with the Administrator of the National 
     Nuclear Security Administration, the number of reported 
     incidents, and descriptions thereof, of unidentified aerial 
     phenomena associated with facilities or assets associated 
     with the production, transportation, or storage of nuclear 
     weapons or components thereof.
       (M) In consultation with the Chairman of the Nuclear 
     Regulatory Commission, the number of reported incidents, and 
     descriptions thereof, of unidentified aerial phenomena or 
     drones of unknown origin associated with nuclear power 
     generating stations, nuclear fuel storage sites, or other 
     sites or facilities regulated by the Nuclear Regulatory 
     Commission.
       (N) The names of the line organizations that have been 
     designated to perform the specific functions imposed by 
     subsections (d) and (e) of this section, and the specific 
     functions for which each such line organization has been 
     assigned primary responsibility.
       (3) Form.-- Each report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (k) Semiannual Briefings.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act and not less frequently than 
     semiannually thereafter until December 31, 2026, the head of 
     the Office shall provide the classified briefings on 
     unidentified aerial phenomena to--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) First briefing.--The first briefing provided under 
     paragraph (1) shall include all incidents involving 
     unidentified aerial phenomena that were reported to the 
     Unidentified Aerial Phenomena Task Force or to the Office 
     after June 24, 2021, regardless of the date of occurrence of 
     the incident.
       (3) Subsequent briefings.--Each briefing provided 
     subsequent to the first briefing described in paragraph (2) 
     shall include, at a minimum, all events relating to 
     unidentified aerial phenomena that occurred during the 
     previous 180 days, and events relating to unidentified aerial 
     phenomena that were not included in an earlier briefing due 
     to delay in an incident reaching the reporting system or 
     other such factors.
       (4) Instances in which data was not shared.--For each 
     briefing period, the Chairman and Vice Chairman or Ranking 
     Member of the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     Armed Services and the Permanent Select Committee on 
     Intelligence of the House of Representatives shall receive an 
     enumeration of any instances in which data related to 
     unidentified aerial phenomena was denied to the Office 
     because of classification restrictions on that data or for 
     any other reason.
       (l) Aerial and Transmedium Phenomena Advisory Committee.--
       (1) Establishment.--(A) Not later than October 1, 2022, the 
     Secretary and the Director shall establish an advisory 
     committee for the purpose of--
       (i) advising the Office in the execution of the duties of 
     the Office as provided by this subsection; and
       (ii) advising the Secretary and the Director regarding the 
     gathering and analysis of data, and scientific research and 
     development pertaining to unidentified aerial phenomena.
       (B) The advisory committee established under subparagraph 
     (A) shall be known as the ``Aerial and Transmedium Phenomena 
     Advisory Committee'' (in this subparagraph the 
     ``Committee'').
       (2) Membership.--(A) Subject to subparagraph (B), the 
     Committee shall be composed of members as follows:
       (i) 20 members selected by the Secretary as follows:
       (I) Three members selected from among individuals 
     recommended by the Administrator of the National Astronautics 
     and Space Administration.
       (II) Two members selected from among individuals 
     recommended by the Administrator of the Federal Aviation 
     Administration.
       (III) Two members selected from among individuals 
     recommended by the President of the National Academies of 
     Sciences.
       (IV) Two members selected from among individuals 
     recommended by the President of the National Academy of 
     Engineering.
       (V) One member selected from among individuals recommended 
     by the President of the National Academy of Medicine.
       (VI) Three members selected from among individuals 
     recommended by the Director of the Galileo Project at Harvard 
     University.
       (VII) Two members selected from among individuals 
     recommended by the Board of Directors of the Scientific 
     Coalition for Unidentified Aerospace Phenomena Studies.
       (VIII) Two members selected from among individuals 
     recommended by the President of the American Institute of 
     Astronautics and Aeronautics.
       (IX) Two members selected from among individuals 
     recommended by the Director of the Optical Technology Center 
     at Montana State University.
       (X) One member selected from among individuals recommended 
     by the president of the American Society for Photogrammetry 
     and Remote Sensing.
       (ii) Up to five additional members, as the Secretary, in 
     consultation with the Director, considers appropriate, 
     selected from among individuals with requisite expertise, at 
     least 3 of whom shall not be employees of any Federal 
     Government agency or Federal Government contractor.
       (B) No individual may be appointed to the Committee under 
     subparagraph (A) unless the Secretary and the Directly 
     jointly determine that the individual--
       (i) qualifies for a security clearance at the secret level 
     or higher;
       (ii) possesses scientific, medical, or technical expertise 
     pertinent to some aspect of the investigation and analysis of 
     unidentified aerial phenomena; and
       (iii) has previously conducted research or writing that 
     demonstrates scientific, technological, or operational 
     knowledge regarding aspects of the subject matter, including 
     propulsion, aerodynamic control, signatures, structures, 
     materials, sensors, countermeasures, weapons, electronics, 
     power generation, field investigations, forensic examination 
     of particular cases, analysis of open source and classified 
     information regarding domestic and foreign research and 
     commentary, and historical information pertaining to 
     unidentified aerial phenomena.
       (C) The Secretary and Director may terminate the membership 
     of any individual on the Committee upon a finding by the 
     Secretary and the Director jointly that the member no longer 
     meets the criteria specified in this subsection.
       (3) Chairperson.--The Secretary shall, in coordination with 
     the Director, designate a temporary Chairperson of the 
     Committee, but at the earliest practicable date the Committee 
     shall elect a Chairperson from among its members, who will 
     serve a term of 2 years, and is eligible for re-election.
       (4) Expert assistance, advice, and recommendations.--(A) 
     The Committee may, upon invitation of the head of the Office, 
     provide expert assistance or advice to any line organization 
     designated to carry out field investigations or data analysis 
     as authorized by subsections (d) and (e).
       (B) The Committee, on its own initiative, or at the request 
     of the Director, the Secretary, or the head of the Office, 
     may provide advice and recommendations regarding best 
     practices with respect to the gathering and analysis of data 
     on unidentified aerial phenomena in general, or commentary 
     regarding specific incidents, cases, or classes of 
     unidentified aerial phenomena.
       (5) Report.--Not later than December 31, 2022, and not 
     later than December 31 of each year thereafter, the Committee 
     shall submit a report summarizing its activities and 
     recommendations to the following:
       (A) The Secretary.
       (B) The Director.
       (C) The head of the Office.
       (D) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       (E) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (6) Relation to faca.--For purposes of the Federal Advisory 
     Committee Act (5 U.S.C. App.), the Committee shall be 
     considered an

[[Page S8356]]

     advisory committee (as defined in section 3 of such Act, 
     except as otherwise provided in the section or as jointly 
     deemed warranted by the Secretary and the Director under 
     section 4(b)(3) of such Act.
       (7) Termination of committee.--The Committee shall 
     terminate on the date that is six years after the date of the 
     establishment of the Committee.
       (m) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Select Committee 
     on Intelligence, the Committee on Foreign Relations, and the 
     Committee on Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, the Committee on Foreign Affairs, 
     and the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``intelligence community'' has the meaning 
     given such term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003).
       (3) The term ``transmedium objects or devices'' means 
     objects or devices that are observed to transition between 
     space and the atmosphere, or between the atmosphere and 
     bodies of water, that are not immediately identifiable.
       (4) The term ``unidentified aerial phenomena'' means--
       (A) airborne objects that are not immediately identifiable;
       (B) transmedium objects or devices; and
       (C) submerged objects or devices that are not immediately 
     identifiable and that display behavior or performance 
     characteristics suggesting that they may be related to the 
     subjects described in subparagraph (A) or (B).
                                 ______