[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3009-S3016]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 836. Mr. SCHUMER (for himself, Mr. Rounds, Mr. Rubio, Mrs. 
Gillibrand, Mr. Young, and Mr. Heinrich) submitted an amendment 
intended to be proposed by him to the bill 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 Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

          TITLE _--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Unidentified Anomalous 
     Phenomena Disclosure Act of 2023'' or the ``UAP Disclosure 
     Act of 2023''.

     SEC. __02. FINDINGS, DECLARATIONS, AND PURPOSES.

       (a) Findings and Declarations.--Congress finds and declares 
     the following:
       (1) All Federal Government records related to unidentified 
     anomalous phenomena should be preserved and centralized for 
     historical and Federal Government purposes.
       (2) All Federal Government records concerning unidentified 
     anomalous phenomena should carry a presumption of immediate 
     disclosure and all records should be eventually disclosed to 
     enable the public to become fully informed about the history 
     of the Federal Government's knowledge and involvement 
     surrounding unidentified anomalous phenomena.
       (3) Legislation is necessary to create an enforceable, 
     independent, and accountable process for the public 
     disclosure of such records.
       (4) Legislation is necessary because credible evidence and 
     testimony indicates that Federal Government unidentified 
     anomalous phenomena records exist that have not been 
     declassified or subject to mandatory declassification review 
     as set forth in Executive Order 13526 (50 U.S.C. 3161 note; 
     relating to classified national security information) due in 
     part to exemptions under the Atomic Energy Act of 1954 (42 
     U.S.C. 2011 et seq.), as well as an over-broad interpretation 
     of ``transclassified foreign nuclear information'', which is 
     also exempt from mandatory declassification, thereby 
     preventing public disclosure under existing provisions of 
     law.
       (5) Legislation is necessary because section 552 of title 
     5, United States Code (commonly referred to as the ``Freedom 
     of Information Act''), as implemented by the Executive branch 
     of the Federal Government, has proven inadequate in achieving 
     the timely public disclosure of Government unidentified 
     anomalous phenomena records that are subject to mandatory 
     declassification review.
       (6) Legislation is necessary to restore proper oversight 
     over unidentified anomalous phenomena records by elected 
     officials in both the executive and legislative branches of 
     the Federal Government that has otherwise been lacking as of 
     the enactment of this Act.
       (7) Legislation is necessary to afford complete and timely 
     access to all knowledge gained by the Federal Government 
     concerning unidentified anomalous phenomena in furtherance of 
     comprehensive open scientific and technological research and 
     development essential to avoiding or mitigating potential 
     technological surprise in furtherance of urgent national 
     security concerns and the public interest.
       (b) Purposes.--The purposes of this title are--
       (1) to provide for the creation of the unidentified 
     anomalous phenomena Records Collection at the National 
     Archives and Records Administration; and
       (2) to require the expeditious public transmission to the 
     Archivist and public disclosure of such records.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Archivist.--The term ``Archivist'' means the Archivist 
     of the United States.
       (2) Close observer.--The term ``close observer'' means 
     anyone who has come into close proximity to unidentified 
     anomalous phenomena or non-human intelligence.
       (3) Collection.--The term ``Collection'' means the 
     Unidentified Anomalous Phenomena Records Collection 
     established under section __04.
       (4) Controlled disclosure campaign plan.--The term 
     ``Controlled Disclosure Campaign Plan'' means the Controlled 
     Disclosure Campaign Plan required by section __09(c)(3).
       (5) Controlling authority.--The term ``controlling 
     authority'' means any Federal, State, or local government 
     department, office, agency, committee, commission, commercial 
     company, academic institution, or private sector entity in 
     physical possession of technologies of unknown origin or 
     biological evidence of non-human intelligence.
       (6) Director.--The term ``Director'' means the Director of 
     the Office of Government Ethics.
       (7) Executive agency.--The term ``Executive agency'' means 
     an Executive agency, as defined in subsection 552(f) of title 
     5, United States Code.
       (8) Government office.--The term ``Government office'' 
     means any department, office, agency, committee, or 
     commission of the Federal Government and any independent 
     office or agency without exception that has possession or 
     control, including via contract or other agreement, of 
     unidentified anomalous phenomena records.
       (9) Identification aid.--The term ``identification aid'' 
     means the written description prepared for each record, as 
     required in section __04.
       (10) Leadership of congress.--The term ``leadership of 
     Congress'' means--
       (A) the majority leader of the Senate;
       (B) the minority leader of the Senate;
       (C) the Speaker of the House of Representatives; and
       (D) the minority leader of the House of Representatives.
       (11) Legacy program.--The term ``legacy program'' means all 
     Federal, State, and local government, commercial industry, 
     academic, and private sector endeavors to collect, exploit, 
     or reverse engineer technologies of unknown origin or examine 
     biological evidence of living or deceased non-human 
     intelligence that pre-dates the date of the enactment of this 
     Act.
       (12) National archives.--The term ``National Archives'' 
     means the National Archives and Records Administration and 
     all components thereof, including presidential archival 
     depositories established under section 2112 of title 44, 
     United States Code.
       (13) Non-human intelligence.--The term ``non-human 
     intelligence'' means any sentient intelligent non-human 
     lifeform regardless of nature or ultimate origin that may be 
     presumed responsible for unidentified anomalous phenomena or 
     of which the Federal Government has become aware.
       (14) Originating body.--The term ``originating body'' means 
     the Executive agency, Federal Government commission, 
     committee of Congress, or other Governmental entity that 
     created a record or particular information within a record.
       (15) Prosaic attribution.--The term ``prosaic attribution'' 
     means having a human (either foreign or domestic) origin and 
     operating according to current, proven, and generally 
     understood scientific and engineering principles and 
     established laws-of-nature and not attributable to non-human 
     intelligence.
       (16) Public interest.--The term ``public interest'' means 
     the compelling interest in the prompt public disclosure of 
     unidentified anomalous phenomena records for historical and 
     Governmental purposes and for the purpose of fully informing 
     the people of the United States about the history of the 
     Federal Government's knowledge and involvement surrounding 
     unidentified anomalous phenomena.
       (17) Record.--The term ``record'' includes a book, paper, 
     report, memorandum, directive, email, text, or other form of 
     communication, or map, photograph, sound or video recording, 
     machine-readable material, computerized, digitized, or 
     electronic information, including intelligence, surveillance, 
     reconnaissance, and target acquisition sensor

[[Page S3010]]

     data, regardless of the medium on which it is stored, or 
     other documentary material, regardless of its physical form 
     or characteristics.
       (18) Review board.--The term ``Review Board'' means the 
     Unidentified Anomalous Phenomena Records Review Board 
     established by section __07.
       (19) Technologies of unknown origin.--The term 
     ``technologies of unknown origin'' means any materials or 
     meta-materials, ejecta, crash debris, mechanisms, machinery, 
     equipment, assemblies or sub-assemblies, engineering models 
     or processes, damaged or intact aerospace vehicles, and 
     damaged or intact ocean-surface and undersea craft associated 
     with unidentified anomalous phenomena or incorporating 
     science and technology that lacks prosaic attribution or 
     known means of human manufacture.
       (20) Temporarily non-attributed objects.--
       (A) In general.--The term ``temporarily non-attributed 
     objects'' means the class of objects that temporarily resist 
     prosaic attribution by the initial observer as a result of 
     environmental or system limitations associated with the 
     observation process that nevertheless ultimately have an 
     accepted human origin or known physical cause. Although some 
     unidentified anomalous phenomena may at first be interpreted 
     as temporarily non-attributed objects, they are not 
     temporarily non-attributed objects, and the two categories 
     are mutually exclusive.
       (B) Inclusion.--The term ``temporarily non-attributed 
     objects'' includes--
       (i) natural celestial, meteorological, and undersea weather 
     phenomena;
       (ii) mundane human-made airborne objects, clutter, and 
     marine debris;
       (iii) Federal, State, and local government, commercial 
     industry, academic, and private sector aerospace platforms;
       (iv) Federal, State, and local government, commercial 
     industry, academic, and private sector ocean-surface and 
     undersea vehicles; and
       (v) known foreign systems.
       (21) Third agency.--The term ``third agency'' means a 
     Government agency that originated a unidentified anomalous 
     phenomena record that is in the possession of another 
     Government agency.
       (22) Unidentified anomalous phenomena.--
       (A) In general.--The term ``unidentified anomalous 
     phenomena'' means any object operating or judged capable of 
     operating in outer-space, the atmosphere, ocean surfaces, or 
     undersea lacking prosaic attribution due to performance 
     characteristics and properties not previously known to be 
     achievable based upon commonly accepted physical principles. 
     Unidentified anomalous phenomena are differentiated from both 
     attributed and temporarily non-attributed objects by one or 
     more of the following observables:
       (i) Instantaneous acceleration absent apparent inertia.
       (ii) Hypersonic velocity absent a thermal signature and 
     sonic shockwave.
       (iii) Transmedium (such as space-to-ground and air-to-
     undersea) travel.
       (iv) Positive lift contrary to known aerodynamic 
     principles.
       (v) Multispectral signature control.
       (vi) Physical or invasive biological effects to close 
     observers and the environment.
       (B) Inclusions.--The term ``unidentified anomalous 
     phenomena'' includes what were previously described as--
       (i) flying discs;
       (ii) flying saucers;
       (iii) unidentified aerial phenomena;
       (iv) unidentified flying objects (UFOs); and
       (v) unidentified submerged objects (USOs).
       (23) Unidentified anomalous phenomena record.--The term 
     ``unidentified anomalous phenomena record'' means a record 
     that is related to unidentified anomalous phenomena, 
     technologies of unknown origin, or non-human intelligence 
     (and all equivalent subjects by any other name with the 
     specific and sole exclusion of temporarily non-attributed 
     objects) that was created or made available for use by, 
     obtained by, or otherwise came into the possession of--
       (A) the Executive Office of the President;
       (B) the Department of Defense and its progenitors, the 
     Department of War and the Department of the Navy;
       (C) the Department of the Army;
       (D) the Department of the Navy;
       (E) the Department of the Air Force, specifically the Air 
     Force Office of Special Investigations;
       (F) the Department of Energy and its progenitors, the 
     Manhattan Project, the Atomic Energy Commission, and the 
     Energy Research and Development Administration;
       (G) the Office of the Director of National Intelligence;
       (H) the Central Intelligence Agency and its progenitor, the 
     Office of Strategic Services;
       (I) the National Reconnaissance Office;
       (J) the Defense Intelligence Agency;
       (K) the National Security Agency;
       (L) the National Geospatial-Intelligence Agency;
       (M) the National Aeronautics and Space Administration:
       (N) the Federal Bureau of Investigation;
       (O) the Federal Aviation Administration;
       (P) the National Oceanic and Atmospheric Administration;
       (Q) the Library of Congress;
       (R) the National Archives and Records Administration;
       (S) any Presidential library;
       (T) any Executive agency;
       (U) any independent office or agency;
       (V) any other department, office, agency, committee, or 
     commission of the Federal Government;
       (W) any State or local government department, office, 
     agency, committee, or commission that provided support or 
     assistance or performed work, in connection with a Federal 
     inquiry into unidentified anomalous phenomena, technologies 
     of unknown origin, or non-human intelligence; and
       (X) any private sector person or entity formerly or 
     currently under contract or some other agreement with the 
     Federal Government.

     SEC. __04. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS 
                   COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS 
                   ADMINISTRATION.

       (a) Establishment.--
       (1) In general.--(A) Not later than 60 days after the date 
     of the enactment of this Act, the Archivist shall commence 
     establishment of a collection of records in the National 
     Archives to be known as the ``Unidentified Anomalous 
     Phenomena Records Collection''.
       (B) In carrying out subparagraph (A), the Archivist shall 
     ensure the physical integrity and original provenance (or if 
     indeterminate, the earliest historical owner) of all records 
     in the Collection.
       (C) The Collection shall consist of record copies of all 
     Government, Government-provided, or Government-funded records 
     relating to unidentified anomalous phenomena, technologies of 
     unknown origin, and non-human intelligence (or equivalent 
     subjects by any other name with the specific and sole 
     exclusion of temporarily non-attributed objects), which shall 
     be transmitted to the National Archives in accordance with 
     section 2107 of title 44, United States Code.
       (D) The Archivist shall prepare and publish a subject 
     guidebook and index to the Collection.
       (2) Contents.--The Collection shall include the following:
       (A) All unidentified anomalous phenomena records, 
     regardless of age or date of creation--
       (i) that have been transmitted to the National Archives or 
     disclosed to the public in an unredacted form prior to the 
     date of the enactment of this Act;
       (ii) that are required to be transmitted to the National 
     Archives; and
       (iii) that the disclosure of which is postponed under this 
     Act.
       (B) A central directory comprised of identification aids 
     created for each record transmitted to the Archivist under 
     section __05.
       (C) All Review Board records as required by this Act.
       (b) Disclosure of Records.--All unidentified anomalous 
     phenomena records transmitted to the National Archives for 
     disclosure to the public shall--
       (1) be included in the Collection; and
       (2) be available to the public--
       (A) for inspection and copying at the National Archives 
     within 30 days after their transmission to the National 
     Archives; and
       (B) digitally via the National Archives online database 
     within a reasonable amount of time not to exceed 180 days 
     thereafter.
       (c) Fees for Copying.--
       (1) In general.--The Archivist shall--
       (A) charge fees for copying unidentified anomalous 
     phenomena records; and
       (B) grant waivers of such fees pursuant to the standards 
     established by section 552(a)(4) of title 5, United States 
     Code.
       (2) Amount of fees.--The amount of a fee charged by the 
     Archivist pursuant to paragraph (1)(A) for the copying of an 
     unidentified anomalous phenomena record shall be such amount 
     as the Archivist determines appropriate to cover the costs 
     incurred by the National Archives in making and providing 
     such copy, except that in no case may the amount of the fee 
     charged exceed the actual expenses incurred by the National 
     Archives in making and providing such copy.
       (d) Additional Requirements.--
       (1) Use of funds.--The Collection shall be preserved, 
     protected, archived, digitized, and made available to the 
     public at the National Archives and via the official National 
     Archives online database using appropriations authorized, 
     specified, and restricted for use under the terms of this 
     Act.
       (2) Security of records.--The National Security Program 
     Office at the National Archives, in consultation with the 
     National Archives Information Security Oversight Office, 
     shall establish a program to ensure the security of the 
     postponed unidentified anomalous phenomena records in the 
     protected, and yet-to-be disclosed or classified portion of 
     the Collection.
       (e) Oversight.--
       (1) Senate.--The Committee on Homeland Security and 
     Governmental Affairs of the Senate shall have continuing 
     legislative oversight jurisdiction in the Senate with respect 
     to the Collection.
       (2) House of representatives.--The Committee on Oversight 
     and Accountability of the House of Representatives shall have 
     continuing legislative oversight jurisdiction in the House of 
     Representatives with respect to the Collection.

     SEC. __05. REVIEW, IDENTIFICATION, TRANSMISSION TO THE 
                   NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF 
                   UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY 
                   GOVERNMENT OFFICES.

       (a) Identification, Organization, and Preparation for 
     Transmission.--

[[Page S3011]]

       (1) In general.--As soon as practicable after the date of 
     the enactment of this Act, each head of a Government office 
     shall--
       (A) identify and organize records in the possession of the 
     Government office or under the control of the Government 
     office relating to unidentified anomalous phenomena; and
       (B) prepare such records for transmission to the Archivist 
     for inclusion in the Collection.
       (2) Prohibitions.--(A) No unidentified anomalous phenomena 
     record shall be destroyed, altered, or mutilated in any way.
       (B) No unidentified anomalous phenomena record made 
     available or disclosed to the public prior to the date of the 
     enactment of this Act may be withheld, redacted, postponed 
     for public disclosure, or reclassified.
       (C) No unidentified anomalous phenomena record created by a 
     person or entity outside the Federal Government (excluding 
     names or identities consistent with the requirements of 
     section __06) shall be withheld, redacted, postponed for 
     public disclosure, or reclassified.
       (b) Custody of Unidentified Anomalous Phenomena Records 
     Pending Review.--During the review by the heads of Government 
     offices under subsection (c) and pending review activity by 
     the Review Board, each head of a Government office shall 
     retain custody of the unidentified anomalous phenomena 
     records of the office for purposes of preservation, security, 
     and efficiency, unless--
       (1) the Review Board requires the physical transfer of the 
     records for purposes of conducting an independent and 
     impartial review;
       (2) transfer is necessary for an administrative hearing or 
     other Review Board function; or
       (3) it is a third agency record described in subsection 
     (c)(2)(C).
       (c) Review by Heads of Government Offices.--
       (1) In general.--Not later than 300 days after the date of 
     the enactment of this Act, each head of a Government office 
     shall review, identify, and organize each unidentified 
     anomalous phenomena record in the custody or possession of 
     the office for--
       (A) disclosure to the public;
       (B) review by the Review Board; and
       (C) transmission to the Archivist.
       (2) Requirements.--In carrying out paragraph (1), the head 
     of a Government office shall--
       (A) determine which of the records of the office are 
     unidentified anomalous phenomena records;
       (B) determine which of the unidentified anomalous phenomena 
     records of the office have been officially disclosed or made 
     publicly available in a complete and unredacted form;
       (C)(i) determine which of the unidentified anomalous 
     phenomena records of the office, or particular information 
     contained in such a record, was created by a third agency or 
     by another Government office; and
       (ii) transmit to a third agency or other Government office 
     those records, or particular information contained in those 
     records, or complete and accurate copies thereof;
       (D)(i) determine whether the unidentified anomalous 
     phenomena records of the office or particular information in 
     unidentified anomalous phenomena records of the office are 
     covered by the standards for postponement of public 
     disclosure under this title; and
       (ii) specify on the identification aid required by 
     subsection (d) the applicable postponement provision 
     contained in section __06;
       (E) organize and make available to the Review Board all 
     unidentified anomalous phenomena records identified under 
     subparagraph (D) the public disclosure of, which in-whole or 
     in-part, may be postponed under this title;
       (F) organize and make available to the Review Board any 
     record concerning which the office has any uncertainty as to 
     whether the record is an unidentified anomalous phenomena 
     record governed by this title;
       (G) give precedence of work to--
       (i) the identification, review, and transmission of 
     unidentified anomalous phenomena records not already publicly 
     available or disclosed as of the date of the enactment of 
     this Act;
       (ii) the identification, review, and transmission of all 
     records that most unambiguously and definitively pertain to 
     unidentified anomalous phenomena, technologies of unknown 
     origin, and non-human intelligence;
       (iii) the identification, review, and transmission of 
     unidentified anomalous phenomena records that on the date of 
     the enactment of this Act are the subject of litigation under 
     section 552 of title 5, United States Code; and
       (iv) the identification, review, and transmission of 
     unidentified anomalous phenomena records with earliest 
     provenance when not inconsistent with clauses (i) through 
     (iii) and otherwise feasible; and
       (H) make available to the Review Board any additional 
     information and records that the Review Board has reason to 
     believe the Review Board requires for conducting a review 
     under this title.
       (3) Priority of expedited review for directors of certain 
     archival depositories.--The Director of each archival 
     depository established under section 2112 of title 44, United 
     States Code, shall have as a priority the expedited review 
     for public disclosure of unidentified anomalous phenomena 
     records in the possession and custody of the depository, and 
     shall make such records available to the Review Board as 
     required by this title.
       (d) Identification Aids.--
       (1) In general.--(A) Not later than 45 days after the date 
     of the enactment of this Act, the Archivist, in consultation 
     with the heads of such Government offices as the Archivist 
     considers appropriate, shall prepare and make available to 
     all Government offices a standard form of identification, or 
     finding aid, for use with each unidentified anomalous 
     phenomena record subject to review under this title whether 
     in hardcopy (physical), softcopy (electronic), or digitized 
     data format as may be appropriate.
       (B) The Archivist shall ensure that the identification aid 
     program is established in such a manner as to result in the 
     creation of a uniform system for cataloging and finding every 
     unidentified anomalous phenomena record subject to review 
     under this title where ever and how ever stored in hardcopy 
     (physical), softcopy (electronic), or digitized data format.
       (2) Requirements for government offices.--Upon completion 
     of an identification aid using the standard form of 
     identification prepared and made available under subparagraph 
     (A) of paragraph (1) for the program established pursuant to 
     subparagraph (B) of such paragraph, the head of a Government 
     office shall--
       (A) attach a printed copy to each physical unidentified 
     anomalous phenomena record, and an electronic copy to each 
     softcopy or digitized data unidentified anomalous phenomena 
     record, the identification aid describes;
       (B) transmit to the Review Board a printed copy for each 
     physical unidentified anomalous phenomena record and an 
     electronic copy for each softcopy or digitized data 
     unidentified anomalous phenomena record the identification 
     aid describes; and
       (C) attach a printed copy to each physical unidentified 
     anomalous phenomena record, and an electronic copy to each 
     softcopy or digitized data unidentified anomalous phenomena 
     record the identification aid describes, when transmitted to 
     the Archivist.
       (3) Records of the national archives that are publicly 
     available.--Unidentified anomalous phenomena records which 
     are in the possession of the National Archives on the date of 
     the enactment of this Act, and which have been publicly 
     available in their entirety without redaction, shall be made 
     available in the Collection without any additional review by 
     the Review Board or another authorized office under this 
     title, and shall not be required to have such an 
     identification aid unless required by the Archivist.
       (e) Transmission to the National Archives.--Each head of a 
     Government office shall--
       (1) transmit to the Archivist, and make immediately 
     available to the public, all unidentified anomalous phenomena 
     records of the Government office that can be publicly 
     disclosed, including those that are publicly available on the 
     date of the enactment of this Act, without any redaction, 
     adjustment, or withholding under the standards of this title; 
     and
       (2) transmit to the Archivist upon approval for 
     postponement by the Review Board or upon completion of other 
     action authorized by this title, all unidentified anomalous 
     phenomena records of the Government office the public 
     disclosure of which has been postponed, in whole or in part, 
     under the standards of this title, to become part of the 
     protected, yet-to-be disclosed, or classified portion of the 
     Collection.
       (f) Custody of Postponed Unidentified Anomalous Phenomena 
     Records.--An unidentified anomalous phenomena record the 
     public disclosure of which has been postponed shall, pending 
     transmission to the Archivist, be held for reasons of 
     security and preservation by the originating body until such 
     time as the information security program has been established 
     at the National Archives as required in section __04(d)(2).
       (g) Periodic Review of Postponed Unidentified Anomalous 
     Phenomena Records.--
       (1) In general.--All postponed or redacted records shall be 
     reviewed periodically by the originating agency and the 
     Archivist consistent with the recommendations of the Review 
     Board in the Controlled Disclosure Campaign Plan under 
     section __09(c)(3)(B).
       (2) Requirements.--(A) A periodic review under paragraph 
     (1) shall address the public disclosure of additional 
     unidentified anomalous phenomena records in the Collection 
     under the standards of this title.
       (B) All postponed unidentified anomalous phenomena records 
     determined to require continued postponement shall require an 
     unclassified written description of the reason for such 
     continued postponement relevant to these specific records. 
     Such description shall be provided to the Archivist and 
     published in the Federal Register upon determination.
       (C) The time and release requirements specified in the 
     Controlled Disclosure Campaign Plan shall be revised or 
     amended only if the Review Board is still in session and 
     concurs with the rationale for postponement, subject to the 
     limitations in section __09(d)(1).
       (D) The periodic review of postponed unidentified anomalous 
     phenomena records shall serve to downgrade and declassify 
     security classified information.
       (E) Each unidentified anomalous phenomena record shall be 
     publicly disclosed in

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     full, and available in the Collection, not later than the 
     date that is 25 years after the date of the first creation of 
     the record by the originating body, unless the President 
     certifies, as required by this title, that--
       (i) continued postponement is made necessary by an 
     identifiable harm to the military defense, intelligence 
     operations, law enforcement, or conduct of foreign relations; 
     and
       (ii) the identifiable harm is of such gravity that it 
     outweighs the public interest in disclosure.
       (h) Requirements for Executive Agencies.--
       (1) In general.--Executive agencies shall--
       (A) transmit digital records electronically in accordance 
     with section 2107 of title 44, United States Code;
       (B) charge fees for copying unidentified anomalous 
     phenomena records; and
       (C) grant waivers of such fees pursuant to the standards 
     established by section 552(a)(4) of title 5, United States 
     Code.
       (2) Amount of fees.--The amount of a fee charged by the 
     head of an Executive agency pursuant to paragraph (1)(B) for 
     the copying of an unidentified anomalous phenomena record 
     shall be such amount as the head determines appropriate to 
     cover the costs incurred by the Executive agency in making 
     and providing such copy, except that in no case may the 
     amount of the fee charged exceed the actual expenses incurred 
     by the Executive agency in making and providing such copy.

     SEC. __06. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF 
                   UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.

       Disclosure of unidentified anomalous phenomena records or 
     particular information in unidentified anomalous phenomena 
     records to the public may be postponed subject to the 
     limitations of this title if there is clear and convincing 
     evidence that--
       (1) the threat to the military defense, intelligence 
     operations, or conduct of foreign relations of the United 
     States posed by the public disclosure of the unidentified 
     anomalous phenomena record is of such gravity that it 
     outweighs the public interest in disclosure, and such public 
     disclosure would reveal--
       (A) an intelligence agent whose identity currently requires 
     protection;
       (B) an intelligence source or method which is currently 
     utilized, or reasonably expected to be utilized, by the 
     Federal Government and which has not been officially 
     disclosed, the disclosure of which would interfere with the 
     conduct of intelligence activities; or
       (C) any other matter currently relating to the military 
     defense, intelligence operations, or conduct of foreign 
     relations of the United States, the disclosure of which would 
     demonstrably and substantially impair the national security 
     of the United States;
       (2) the public disclosure of the unidentified anomalous 
     phenomena record would reveal the name or identity of a 
     living person who provided confidential information to the 
     Federal Government and would pose a substantial risk of harm 
     to that person;
       (3) the public disclosure of the unidentified anomalous 
     phenomena record could reasonably be expected to constitute 
     an unwarranted invasion of personal privacy, and that 
     invasion of privacy is so substantial that it outweighs the 
     public interest; or
       (4) the public disclosure of the unidentified anomalous 
     phenomena record would compromise the existence of an 
     understanding of confidentiality currently requiring 
     protection between a Federal Government agent and a 
     cooperating individual or a foreign government, and public 
     disclosure would be so harmful that it outweighs the public 
     interest.

     SEC. __07. ESTABLISHMENT AND POWERS OF THE UNIDENTIFIED 
                   ANOMALOUS PHENOMENA RECORDS REVIEW BOARD.

       (a) Establishment.--There is established as an independent 
     agency a board to be known as the ``Unidentified Anomalous 
     Phenomena Records Review Board''.
       (b) Appointment.--
       (1) In general.--The President, by and with the advice and 
     consent of the Senate, shall appoint, without regard to 
     political affiliation, 9 citizens of the United States to 
     serve as members of the Review Board to ensure and facilitate 
     the review, transmission to the Archivist, and public 
     disclosure of government records relating to unidentified 
     anomalous phenomena.
       (2) Period for nominations.--(A) The President shall make 
     nominations to the Review Board not later than 90 calendar 
     days after the date of the enactment of this Act.
       (B) If the Senate votes not to confirm a nomination to the 
     Review Board, the President shall make an additional 
     nomination not later than 30 days thereafter.
       (3) Consideration of recommendations.--(A) The President 
     shall make nominations to the Review Board after considering 
     persons recommended by the following:
       (i) The majority leader of the Senate.
       (ii) The minority leader of the Senate.
       (iii) The Speaker of the House of Representatives.
       (iv) The minority leader of the House of Representatives.
       (v) The Secretary of Defense.
       (vi) The National Academy of Sciences.
       (vii) Established nonprofit research organizations relating 
     to unidentified anomalous phenomena.
       (viii) The American Historical Association.
       (ix) Such other persons and organizations as the President 
     considers appropriate.
       (B) If an individual or organization described in 
     subparagraph (A) does not recommend at least 2 nominees 
     meeting the qualifications stated in paragraph (5) by the 
     date that is 45 days after the date of the enactment of this 
     Act, the President shall consider for nomination the persons 
     recommended by the other individuals and organizations 
     described in such subparagraph.
       (C) The President may request an individual or organization 
     described in subparagraph (A) to submit additional 
     nominations.
       (4) Qualifications.--Persons nominated to the Review 
     Board--
       (A) shall be impartial citizens, none of whom shall have 
     had any previous or current involvement with any legacy 
     program or controlling authority relating to the collection, 
     exploitation, or reverse engineering of technologies of 
     unknown origin or the examination of biological evidence of 
     living or deceased non-human intelligence;
       (B) shall be distinguished persons of high national 
     professional reputation in their respective fields who are 
     capable of exercising the independent and objective judgment 
     necessary to the fulfillment of their role in ensuring and 
     facilitating the review, transmission to the public, and 
     public disclosure of records related to the government's 
     understanding of, and activities associated with unidentified 
     anomalous phenomena, technologies of unknown origin, and non-
     human intelligence and who possess an appreciation of the 
     value of such material to the public, scholars, and 
     government; and
       (C) shall include at least--
       (i) 1 current or former national security official;
       (ii) 1 current or former foreign service official;
       (iii) 1 scientist or engineer;
       (iv) 1 economist;
       (v) 1 professional historian; and
       (vi) 1 sociologist.
       (5) Mandatory conflicts of interest review.--
       (A) In general.--The Director shall conduct a review of 
     each individual nominated and appointed to the position of 
     member of the Review Board to ensure the member does not have 
     any conflict of interest during the term of the service of 
     the member.
       (B) Reports.--During the course of the review under 
     subparagraph (A), if the Director becomes aware that the 
     member being reviewed possesses a conflict of interest to the 
     mission of the Review Board, the Director shall, not later 
     than 30 days after the date on which the Director became 
     aware of the conflict of interest, submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Accountability of the House of 
     Representatives a report on the conflict of interest.
       (c) Security Clearances.--
       (1) In general.--All Review Board nominees shall be granted 
     the necessary security clearances and accesses, including any 
     and all relevant Presidential, departmental, and agency 
     special access programs, in an accelerated manner subject to 
     the standard procedures for granting such clearances.
       (2) Qualification for nominees.--All nominees for 
     appointment to the Review Board under subsection (b) shall 
     qualify for the necessary security clearances and accesses 
     prior to being considered for confirmation by the Committee 
     on Homeland Security and Governmental Affairs of the Senate.
       (d) Consideration by the Senate.--Nominations for 
     appointment under subsection (b) shall be referred to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate for consideration.
       (e) Vacancy.--A vacancy on the Review Board shall be filled 
     in the same manner as specified for original appointment 
     within 30 days of the occurrence of the vacancy.
       (f) Removal of Review Board Member.--
       (1) In general.--No member of the Review Board shall be 
     removed from office, other than--
       (A) by impeachment and conviction; or
       (B) by the action of the President for inefficiency, 
     neglect of duty, malfeasance in office, physical disability, 
     mental incapacity, or any other condition that substantially 
     impairs the performance of the member's duties.
       (2) Notice of removal.--(A) If a member of the Review Board 
     is removed from office, and that removal is by the President, 
     not later than 10 days after the removal, the President shall 
     submit to the leadership of Congress, the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives a report specifying the facts found and the 
     grounds for the removal.
       (B) The President shall publish in the Federal Register a 
     report submitted under subparagraph (A), except that the 
     President may, if necessary to protect the rights of a person 
     named in the report or to prevent undue interference with any 
     pending prosecution, postpone or refrain from publishing any 
     or all of the report until the completion of such pending 
     cases or pursuant to privacy protection requirements in law.
       (3) Judicial review.--(A) A member of the Review Board 
     removed from office may obtain judicial review of the removal 
     in a civil action commenced in the United States District 
     Court for the District of Columbia.

[[Page S3013]]

       (B) The member may be reinstated or granted other 
     appropriate relief by order of the court.
       (g) Compensation of Members.--
       (1) In general.--A member of the Review Board, other than 
     the Executive Director under section __08(c)(1), shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Review Board.
       (2) Travel expenses.--A member of the Review Board shall be 
     allowed reasonable travel expenses, including per diem in 
     lieu of subsistence, at rates for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the member's home or regular place of 
     business in the performance of services for the Review Board.
       (h) Duties of the Review Board.--
       (1) In general.--The Review Board shall consider and render 
     decisions on a determination by a Government office to seek 
     to postpone the disclosure of unidentified anomalous 
     phenomena records.
       (2) Considerations and rendering of decisions.--In carrying 
     out paragraph (1), the Review Board shall consider and render 
     decisions--
       (A) whether a record constitutes a unidentified anomalous 
     phenomena record; and
       (B) whether a unidentified anomalous phenomena record or 
     particular information in a record qualifies for postponement 
     of disclosure under this title.
       (i) Powers.--
       (1) In general.--The Review Board shall have the authority 
     to act in a manner prescribed under this title, including 
     authority--
       (A) to direct Government offices to complete identification 
     aids and organize unidentified anomalous phenomena records;
       (B) to direct Government offices to transmit to the 
     Archivist unidentified anomalous phenomena records as 
     required under this title, including segregable portions of 
     unidentified anomalous phenomena records and substitutes and 
     summaries of unidentified anomalous phenomena records that 
     can be publicly disclosed to the fullest extent;
       (C)(i) to obtain access to unidentified anomalous phenomena 
     records that have been identified and organized by a 
     Government office;
       (ii) to direct a Government office to make available to the 
     Review Board, and if necessary investigate the facts 
     surrounding, additional information, records, or testimony 
     from individuals which the Review Board has reason to believe 
     are required to fulfill its functions and responsibilities 
     under this title; and
       (iii) request the Attorney General to subpoena private 
     persons to compel testimony, records, and other information 
     relevant to its responsibilities under this title;
       (D) require any Government office to account in writing for 
     the destruction of any records relating to unidentified 
     anomalous phenomena, technologies of unknown origin, or non-
     human intelligence;
       (E) receive information from the public regarding the 
     identification and public disclosure of unidentified 
     anomalous phenomena records;
       (F) hold hearings, administer oaths, and subpoena witnesses 
     and documents;
       (G) use the Federal Acquisition Service in the same manner 
     and under the same conditions as other Executive agencies; 
     and
       (H) use the United States mails in the same manner and 
     under the same conditions as other Executive agencies.
       (2) Enforcement of subpoena.--A subpoena issued under 
     paragraph (1)(C)(iii) may be enforced by any appropriate 
     Federal court acting pursuant to a lawful request of the 
     Review Board.
       (j) Witness Immunity.--The Review Board shall be considered 
     to be an agency of the United States for purposes of section 
     6001 of title 18, United States Code. Witnesses, close 
     observers, and whistleblowers providing information directly 
     to the Review Board shall also be afforded the protections 
     provided to such persons specified under section 1673(b) of 
     the James M. Inhofe National Defense Authorization Act for 
     Fiscal Year 2023 (50 U.S.C. 3373b(b)).
       (k) Oversight.--
       (1) Senate.--The Committee on Homeland Security and 
     Governmental Affairs of the Senate shall have continuing 
     legislative oversight jurisdiction in the Senate with respect 
     to the official conduct of the Review Board and the 
     disposition of postponed records after termination of the 
     Review Board, and shall have access to any records held or 
     created by the Review Board.
       (2) House of representatives.--Unless otherwise determined 
     appropriate by the House of Representatives, the Committee on 
     Oversight and Accountability of the House of Representatives 
     shall have continuing legislative oversight jurisdiction in 
     the House of Representatives with respect to the official 
     conduct of the Review Board and the disposition of postponed 
     records after termination of the Review Board, and shall have 
     access to any records held or created by the Review Board.
       (3) Duty to cooperate.--The Review Board shall have the 
     duty to cooperate with the exercise of oversight jurisdiction 
     described in this subsection.
       (4) Security clearances.--The Chairmen and Ranking Members 
     of the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Oversight and 
     Accountability of the House of Representatives, and staff of 
     such committees designated by such Chairmen and Ranking 
     Members, shall be granted all security clearances and 
     accesses held by the Review Board, including to relevant 
     Presidential and department or agency special access and 
     compartmented access programs.
       (l) Support Services.--The Administrator of the General 
     Services Administration shall provide administrative services 
     for the Review Board on a reimbursable basis.
       (m) Interpretive Regulations.--The Review Board may issue 
     interpretive regulations.
       (n) Termination and Winding Down.--
       (1) In general.--The Review Board and the terms of its 
     members shall terminate not later than September 30, 2030, 
     unless extended by Congress.
       (2) Reports.--Upon its termination, the Review Board shall 
     submit to the President and Congress reports, including a 
     complete and accurate accounting of expenditures during its 
     existence and shall complete all other reporting requirements 
     under this title.
       (3) Transfer of records.--Upon termination and winding 
     down, the Review Board shall transfer all of its records to 
     the Archivist for inclusion in the Collection, and no record 
     of the Review Board shall be destroyed.

     SEC. __08. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS REVIEW 
                   BOARD PERSONNEL.

       (a) Executive Director.--
       (1) Appointment.--Not later than 45 days after the date of 
     the enactment of this Act, the President shall appoint 1 
     citizen of the United States, without regard to political 
     affiliation, to the position of Executive Director of the 
     Review Board. This position counts as 1 of the 9 Review Board 
     members under section __07(b)(1).
       (2) Qualifications.--The person appointed as Executive 
     Director shall be a private citizen of integrity and 
     impartiality who--
       (A) is a distinguished professional; and
       (B) is not a present employee of the Federal Government; 
     and
       (C) has had no previous or current involvement with any 
     legacy program or controlling authority relating to the 
     collection, exploitation, or reverse engineering of 
     technologies of unknown origin or the examination of 
     biological evidence of living or deceased non-human 
     intelligence.
       (3) Mandatory conflicts of interest review.--
       (A) In general.--The Director shall conduct a review of 
     each individual appointed to the position of Executive 
     Director to ensure the Executive Director does not have any 
     conflict of interest during the term of the service of the 
     Executive Director.
       (B) Reports.--During the course of the review under 
     subparagraph (A), if the Director becomes aware that the 
     Executive Director possesses a conflict of interest to the 
     mission of the Review Board, the Director shall, not later 
     than 30 days after the date on which the Director became 
     aware of the conflict of interest, submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Accountability of the House of 
     Representatives a report on the conflict of interest.
       (4) Security clearances.--(A) A candidate for Executive 
     Director shall be granted all the necessary security 
     clearances and accesses, including to relevant Presidential 
     and department or agency special access and compartmented 
     access programs in an accelerated manner subject to the 
     standard procedures for granting such clearances.
       (B) A candidate shall qualify for the necessary security 
     clearances and accesses prior to being appointed by the 
     President.
       (5) Functions.--The Executive Director shall--
       (A) serve as principal liaison to the Executive Office of 
     the President and Congress;
       (B) serve as Chairperson of the Review Board;
       (C) be responsible for the administration and coordination 
     of the Review Board's review of records;
       (D) be responsible for the administration of all official 
     activities conducted by the Review Board;
       (E) exercise tie-breaking Review Board authority to decide 
     or determine whether any record should be disclosed to the 
     public or postponed for disclosure; and
       (F) retain right-of-appeal directly to the President for 
     decisions pertaining to executive branch unidentified 
     anomalous phenomena records for which the Executive Director 
     and Review Board members may disagree.
       (6) Removal.--The Executive Director shall not be removed 
     for reasons other for cause on the grounds of inefficiency, 
     neglect of duty, malfeasance in office, physical disability, 
     mental incapacity, or any other condition that substantially 
     impairs the performance of the responsibilities of the 
     Executive Director or the staff of the Review Board.
       (b) Staff.--
       (1) In general.--The Review Board, without regard to the 
     civil service laws, may appoint and terminate additional 
     personnel as are necessary to enable the Review Board and its 
     Executive Director to perform the duties of the Review Board.

[[Page S3014]]

       (2) Qualifications.--
       (A) In general.--Except as provided in subparagraph (B), a 
     person appointed to the staff of the Review Board shall be a 
     citizen of integrity and impartiality who has had no previous 
     or current involvement with any legacy program or controlling 
     authority relating to the collection, exploitation, or 
     reverse engineering of technologies of unknown origin or the 
     examination of biological evidence of living or deceased non-
     human intelligence.
       (B) Consultation with director of the office of government 
     ethics.--In their consideration of persons to be appointed as 
     staff of the Review Board under paragraph (1), the Review 
     Board shall consult with the Director--
       (i) to determine criteria for possible conflicts of 
     interest of staff of the Review Board, consistent with ethics 
     laws, statutes, and regulations for employees of the 
     executive branch of the Federal Government; and
       (ii) ensure that no person selected for such position of 
     staff of the Review Board possesses a conflict of interests 
     in accordance with the criteria determined pursuant to clause 
     (i).
       (3) Security clearances.--(A) A candidate for staff shall 
     be granted the necessary security clearances (including all 
     necessary special access program clearances) in an 
     accelerated manner subject to the standard procedures for 
     granting such clearances.
       (B)(i) The Review Board may offer conditional employment to 
     a candidate for a staff position pending the completion of 
     security clearance background investigations. During the 
     pendency of such investigations, the Review Board shall 
     ensure that any such employee does not have access to, or 
     responsibility involving, classified or otherwise restricted 
     unidentified anomalous phenomena record materials.
       (ii) If a person hired on a conditional basis under clause 
     (i) is denied or otherwise does not qualify for all security 
     clearances necessary to carry out the responsibilities of the 
     position for which conditional employment has been offered, 
     the Review Board shall immediately terminate the person's 
     employment.
       (4) Support from national declassification center.--The 
     Archivist shall assign one representative in full-time 
     equivalent status from the National Declassification Center 
     to advise and support the Review Board disclosure 
     postponement review process in a non-voting staff capacity.
       (c) Compensation.--Subject to such rules as may be adopted 
     by the Review Board, without regard to the provisions of 
     title 5, United States Code, governing appointments in the 
     competitive service and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of that title 
     relating to classification and General Schedule pay rates--
       (1) the Executive Director shall be compensated at a rate 
     not to exceed the rate of basic pay for level II of the 
     Executive Schedule and shall serve the entire tenure as one 
     full-time equivalent; and
       (2) the Executive Director shall appoint and fix 
     compensation of such other personnel as may be necessary to 
     carry out this title.
       (d) Advisory Committees.--
       (1) Authority.--The Review Board may create advisory 
     committees to assist in fulfilling the responsibilities of 
     the Review Board under this title.
       (2) FACA.--Any advisory committee created by the Review 
     Board shall be subject to chapter 10 of title 5, United 
     States Code.
       (e) Security Clearance Required.--An individual employed in 
     any position by the Review Board (including an individual 
     appointed as Executive Director) shall be required to qualify 
     for any necessary security clearance prior to taking office 
     in that position, but may be employed conditionally in 
     accordance with subsection (b)(3)(B) before qualifying for 
     that clearance.

     SEC. __09. REVIEW OF RECORDS BY THE UNIDENTIFIED ANOMALOUS 
                   PHENOMENA RECORDS REVIEW BOARD.

       (a) Custody of Records Reviewed by Review Board.--Pending 
     the outcome of a review of activity by the Review Board, a 
     Government office shall retain custody of its unidentified 
     anomalous phenomena records for purposes of preservation, 
     security, and efficiency, unless--
       (1) the Review Board requires the physical transfer of 
     records for reasons of conducting an independent and 
     impartial review; or
       (2) such transfer is necessary for an administrative 
     hearing or other official Review Board function.
       (b) Startup Requirements.--The Review Board shall--
       (1) not later than 90 days after the date of its 
     appointment, publish a schedule in the Federal Register for 
     review of all unidentified anomalous phenomena records;
       (2) not later than 180 days after the date of the enactment 
     of this Act, begin its review of unidentified anomalous 
     phenomena records under this title; and
       (3) periodically thereafter as warranted, but not less 
     frequently than semiannually, publish a revised schedule in 
     the Federal Register addressing the review and inclusion of 
     any unidentified anomalous phenomena records subsequently 
     discovered.
       (c) Determinations of the Review Board.--
       (1) In general.--The Review Board shall direct that all 
     unidentified anomalous phenomena records be transmitted to 
     the Archivist and disclosed to the public in the Collection 
     in the absence of clear and convincing evidence that--
       (A) a Government record is not an unidentified anomalous 
     phenomena record; or
       (B) a Government record, or particular information within 
     an unidentified anomalous phenomena record, qualifies for 
     postponement of public disclosure under this title.
       (2) Requirements.--In approving postponement of public 
     disclosure of a unidentified anomalous phenomena record, the 
     Review Board shall seek to--
       (A) provide for the disclosure of segregable parts, 
     substitutes, or summaries of such a record; and
       (B) determine, in consultation with the originating body 
     and consistent with the standards for postponement under this 
     title, which of the following alternative forms of disclosure 
     shall be made by the originating body:
       (i) Any reasonably segregable particular information in a 
     unidentified anomalous phenomena record.
       (ii) A substitute record for that information which is 
     postponed.
       (iii) A summary of a unidentified anomalous phenomena 
     record.
       (3) Controlled disclosure campaign plan.--With respect to 
     unidentified anomalous phenomena records, particular 
     information in unidentified anomalous phenomena records, 
     recovered technologies of unknown origin, and biological 
     evidence for non-human intelligence the public disclosure of 
     which is postponed pursuant to section __06, or for which 
     only substitutions or summaries have been disclosed to the 
     public, the Review Board shall create and transmit to the 
     President, the Archivist, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, and the Committee on 
     Oversight and Accountability of the House of Representatives 
     a Controlled Disclosure Campaign Plan, with classified 
     appendix, containing--
       (A) a description of actions by the Review Board, the 
     originating body, the President, or any Government office 
     (including a justification of any such action to postpone 
     disclosure of any record or part of any record) and of any 
     official proceedings conducted by the Review Board with 
     regard to specific unidentified anomalous phenomena records; 
     and
       (B) a benchmark-driven plan, based upon a review of the 
     proceedings and in conformity with the decisions reflected 
     therein, recommending precise requirements for periodic 
     review, downgrading, and declassification as well as the 
     exact time or specified occurrence following which each 
     postponed item may be appropriately disclosed to the public 
     under this title.
       (4) Notice following review and determination.--(A) 
     Following its review and a determination that a unidentified 
     anomalous phenomena record shall be publicly disclosed in the 
     Collection or postponed for disclosure and held in the 
     protected Collection, the Review Board shall notify the head 
     of the originating body of the determination of the Review 
     Board and publish a copy of the determination in the Federal 
     Register within 14 days after the determination is made.
       (B) Contemporaneous notice shall be made to the President 
     for Review Board determinations regarding unidentified 
     anomalous phenomena records of the executive branch of the 
     Federal Government, and to the oversight committees 
     designated in this title in the case of records of the 
     legislative branch of the Federal Government. Such notice 
     shall contain a written unclassified justification for public 
     disclosure or postponement of disclosure, including an 
     explanation of the application of any standards contained in 
     section __06.
       (d) Presidential Authority Over Review Board 
     Determination.--
       (1) Public disclosure or postponement of disclosure.--After 
     the Review Board has made a formal determination concerning 
     the public disclosure or postponement of disclosure of an 
     unidentified anomalous phenomena record of the executive 
     branch of the Federal Government or information within such a 
     record, or of any information contained in a unidentified 
     anomalous phenomena record, obtained or developed solely 
     within the executive branch of the Federal Government, the 
     President shall--
       (A) have the sole and nondelegable authority to require the 
     disclosure or postponement of such record or information 
     under the standards set forth in section __06; and
       (B) provide the Review Board with both an unclassified and 
     classified written certification specifying the President's 
     decision within 30 days after the Review Board's 
     determination and notice to the executive branch agency as 
     required under this title, stating the justification for the 
     President's decision, including the applicable grounds for 
     postponement under section __06, accompanied by a copy of the 
     identification aid required under section __04.
       (2) Periodic review.--(A) Any unidentified anomalous 
     phenomena record postponed by the President shall henceforth 
     be subject to the requirements of periodic review, 
     downgrading, declassification, and public disclosure in 
     accordance with the recommended timeline and associated 
     requirements specified in the Controlled Disclosure Campaign 
     Plan unless these conflict with the standards set forth in 
     section __06.
       (B) This paragraph supersedes all prior declassification 
     review standards that may previously have been deemed 
     applicable to unidentified anomalous phenomena records.

[[Page S3015]]

       (3) Record of presidential postponement.--The Review Board 
     shall, upon its receipt--
       (A) publish in the Federal Register a copy of any 
     unclassified written certification, statement, and other 
     materials transmitted by or on behalf of the President with 
     regard to postponement of unidentified anomalous phenomena 
     records; and
       (B) revise or amend recommendations in the Controlled 
     Disclosure Campaign Plan accordingly.
       (e) Notice to Public.--Every 30 calendar days, beginning on 
     the date that is 60 calendar days after the date on which the 
     Review Board first approves the postponement of disclosure of 
     a unidentified anomalous phenomena record, the Review Board 
     shall publish in the Federal Register a notice that 
     summarizes the postponements approved by the Review Board or 
     initiated by the President, the Senate, or the House of 
     Representatives, including a description of the subject, 
     originating agency, length or other physical description, and 
     each ground for postponement that is relied upon to the 
     maximum extent classification restrictions permitting.
       (f) Reports by the Review Board.--
       (1) In general.--The Review Board shall report its 
     activities to the leadership of Congress, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Oversight and Reform of the House of 
     Representatives, the President, the Archivist, and the head 
     of any Government office whose records have been the subject 
     of Review Board activity.
       (2) First report.--The first report shall be issued on the 
     date that is 1 year after the date of enactment of this Act, 
     and subsequent reports every 1 year thereafter until 
     termination of the Review Board.
       (3) Contents.--A report under paragraph (1) shall include 
     the following information:
       (A) A financial report of the expenses for all official 
     activities and requirements of the Review Board and its 
     personnel.
       (B) The progress made on review, transmission to the 
     Archivist, and public disclosure of unidentified anomalous 
     phenomena records.
       (C) The estimated time and volume of unidentified anomalous 
     phenomena records involved in the completion of the Review 
     Board's performance under this title.
       (D) Any special problems, including requests and the level 
     of cooperation of Government offices, with regard to the 
     ability of the Review Board to operate as required by this 
     title.
       (E) A record of review activities, including a record of 
     postponement decisions by the Review Board or other related 
     actions authorized by this title, and a record of the volume 
     of records reviewed and postponed.
       (F) Suggestions and requests to Congress for additional 
     legislative authority needs.
       (4) Copies and briefs.--Coincident with the reporting 
     requirements in paragraph (2), or more frequently as 
     warranted by new information, the Review Board shall provide 
     copies to, and fully brief, at a minimum the President, the 
     Archivist, leadership of Congress, the Chairmen and Ranking 
     Members of the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Accountability of the House of Representatives, 
     and the Chairs and Chairmen, as the case may be, and Ranking 
     Members and Vice Chairmen, as the case may be, of such other 
     committees as leadership of Congress determines appropriate 
     on the Controlled Disclosure Campaign Plan, classified 
     appendix, and postponed disclosures, specifically 
     addressing--
       (A) recommendations for periodic review, downgrading, and 
     declassification as well as the exact time or specified 
     occurrence following which specific unidentified anomalous 
     phenomena records and material may be appropriately 
     disclosed;
       (B) the rationale behind each postponement determination 
     and the recommended means to achieve disclosure of each 
     postponed item;
       (C) any other findings that the Review Board chooses to 
     offer; and
       (D) an addendum containing copies of reports of postponed 
     records to the Archivist required under subsection (c)(3) 
     made since the date of the preceding report under this 
     subsection.
       (5) Notice.--At least 90 calendar days before completing 
     its work, the Review Board shall provide written notice to 
     the President and Congress of its intention to terminate its 
     operations at a specified date.
       (6) Briefing the all-domain anomaly resolution office.--
     Coincident with the provision in paragraph (5), if not 
     accomplished earlier under paragraph (4), the Review Board 
     shall brief the All-domain Anomaly Resolution Office 
     established pursuant to section 1683 of the National Defense 
     Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or 
     its successor, as subsequently designated by Act of Congress, 
     on the Controlled Disclosure Campaign Plan, classified 
     appendix, and postponed disclosures.

     SEC. __10. DISCLOSURE OF RECOVERED TECHNOLOGIES OF UNKNOWN 
                   ORIGIN AND BIOLOGICAL EVIDENCE OF NON-HUMAN 
                   INTELLIGENCE.

       (a) Exercise of Eminent Domain.--The Federal Government 
     shall exercise eminent domain over any and all recovered 
     technologies of unknown origin and biological evidence of 
     non-human intelligence that may be controlled by private 
     persons or entities in the interests of the public good.
       (b) Availability to Review Board.--Any and all such 
     material, should it exist, shall be made available to the 
     Review Board for personal examination and subsequent 
     disclosure determination at a location suitable to the 
     controlling authority of said material and in a timely manner 
     conducive to the objectives of the Review Board in accordance 
     with the requirements of this title.
       (c) Actions of Review Board.--In carrying out subsection 
     (b), the Review Board shall consider and render decisions--
       (1) whether the material examined constitutes technologies 
     of unknown origin or biological evidence of non-human 
     intelligence beyond a reasonable doubt;
       (2) whether recovered technologies of unknown origin, 
     biological evidence of non-human intelligence, or a 
     particular subset of material qualifies for postponement of 
     disclosure under this title; and
       (3) what changes, if any, to the current disposition of 
     said material should the Federal Government make to 
     facilitate full disclosure.
       (d) Review Board Access to Testimony and Witnesses.--The 
     Review Board shall have access to all testimony from 
     unidentified anomalous phenomena witnesses, close observers 
     and legacy program personnel and whistleblowers within the 
     Federal Government's possession as of and after the date of 
     the enactment of this Act in furtherance of Review Board 
     disclosure determination responsibilities in section __07(h) 
     and subsection (c) of this section.
       (e) Solicitation of Additional Witnesses.--The Review Board 
     shall solicit additional unidentified anomalous phenomena 
     witness and whistleblower testimony and afford protections 
     under section 1673(b) of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)) 
     if deemed beneficial in fulfilling Review Board 
     responsibilities under this title.

     SEC. __11. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL 
                   STUDY.

       (a) Materials Under Seal of Court.--
       (1) Information held under seal of a court.--The Review 
     Board may request the Attorney General to petition any court 
     in the United States or abroad to release any information 
     relevant to unidentified anomalous phenomena, technologies of 
     unknown origin, or non-human intelligence that is held under 
     seal of the court.
       (2) Information held under injunction of secretary of grand 
     jury.--(A) The Review Board may request the Attorney General 
     to petition any court in the United States to release any 
     information relevant to unidentified anomalous phenomena, 
     technologies of unknown origin, or non-human intelligence 
     that is held under the injunction of secrecy of a grand jury.
       (B) A request for disclosure of unidentified anomalous 
     phenomena, technologies of unknown origin, and non-human 
     intelligence materials under this title shall be deemed to 
     constitute a showing of particularized need under rule 6 of 
     the Federal Rules of Criminal Procedure.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the Attorney General should assist the Review Board in 
     good faith to unseal any records that the Review Board 
     determines to be relevant and held under seal by a court or 
     under the injunction of secrecy of a grand jury;
       (2) the Secretary of State should contact any foreign 
     government that may hold material relevant to unidentified 
     anomalous phenomena, technologies of unknown origin, or non-
     human intelligence and seek disclosure of such material; and
       (3) all heads of Executive agencies should cooperate in 
     full with the Review Board to seek the disclosure of all 
     material relevant to unidentified anomalous phenomena, 
     technologies of unknown origin, and non-human intelligence 
     consistent with the public interest.

     SEC. __12. RULES OF CONSTRUCTION.

       (a) Precedence Over Other Law.--When this title requires 
     transmission of a record to the Archivist or public 
     disclosure, it shall take precedence over any other provision 
     of law (except section 6103 of the Internal Revenue Code of 
     1986 specifying confidentiality and disclosure of tax returns 
     and tax return information), judicial decision construing 
     such provision of law, or common law doctrine that would 
     otherwise prohibit such transmission or disclosure, with the 
     exception of deeds governing access to or transfer or release 
     of gifts and donations of records to the United States 
     Government.
       (b) Freedom of Information Act.--Nothing in this title 
     shall be construed to eliminate or limit any right to file 
     requests with any executive agency or seek judicial review of 
     the decisions pursuant to section 552 of title 5, United 
     States Code.
       (c) Judicial Review.--Nothing in this title shall be 
     construed to preclude judicial review, under chapter 7 of 
     title 5, United States Code, of final actions taken or 
     required to be taken under this title.
       (d) Existing Authority.--Nothing in this title revokes or 
     limits the existing authority of the President, any executive 
     agency, the Senate, or the House of Representatives, or any 
     other entity of the Federal Government to publicly disclose 
     records in its possession.
       (e) Rules of the Senate and House of Representatives.--To 
     the extent that any provision of this title establishes a 
     procedure to be followed in the Senate or the House of 
     Representatives, such provision is adopted--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and is deemed to 
     be part of the

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     rules of each House, respectively, but applicable only with 
     respect to the procedure to be followed in that House, and it 
     supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. __13. TERMINATION OF EFFECT OF TITLE.

       (a) Provisions Pertaining to the Review Board.--The 
     provisions of this title that pertain to the appointment and 
     operation of the Review Board shall cease to be effective 
     when the Review Board and the terms of its members have 
     terminated pursuant to section __07(n).
       (b) Other Provisions.--(1) The remaining provisions of this 
     title shall continue in effect until such time as the 
     Archivist certifies to the President and Congress that all 
     unidentified anomalous phenomena records have been made 
     available to the public in accordance with this title.
       (2) In facilitation of the provision in paragraph (1), the 
     All-domain Anomaly Resolution Office established pursuant to 
     section 1683 of the National Defense Authorization Act for 
     Fiscal Year 2022 (50 U.S.C. 3373), or its successor as 
     subsequently designated by Act of Congress, shall develop 
     standardized unidentified anomalous phenomena 
     declassification guidance applicable to any and all 
     unidentified anomalous phenomena records generated by 
     originating bodies subsequent to termination of the Review 
     Board consistent with the requirements and intent of the 
     Controlled Disclosure Campaign Plan with respect to 
     unidentified anomalous phenomena records originated prior to 
     Review Board termination.

     SEC. __14. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out the provisions of this title $20,000,000 for fiscal 
     year 2024.
       (b) Interim Funding.--Until such time as funds are 
     appropriated pursuant to subsection (a), the President may 
     use such sums as are available for discretionary use to carry 
     out this title.

     SEC. __15. SEVERABILITY.

       If any provision of this title or the application thereof 
     to any person or circumstance is held invalid, the remainder 
     of this title and the application of that provision to other 
     persons not similarly situated or to other circumstances 
     shall not be affected by the invalidation.
                                 ______