DISCLOSURE / FILE
Senate Amendment No. ___ to S. 2226 (FY2024 NDAA), offered by Sens. Schumer, Rounds, Rubio, and Gillibrand, proposing the Unidentified Anomalous Phenomena Disclosure Act of 2023 to compel centralized federal disclosure of UAP records.
Senate Amendment No. ___ to S. 2226 (FY2024 NDAA), offered by Sens. Schumer, Rounds, Rubio, and Gillibrand, proposing the Unidentified Anomalous Phenomena Disclosure Act of 2023 to compel centralized federal disclosure of UAP records.
This is the Schumer-Rounds-Rubio-Gillibrand UAP Disclosure Act of 2023, drafted as an amendment to the FY2024 National Defense Authorization Act (S. 2226, 118th Cong., 1st Sess.). It directs the Archivist of the United States to establish a Unidentified Anomalous Phenomena Records Collection at the National Archives within 60 days of enactment, with each Government office reviewing and organizing its UAP records within 300 days. The text defines 'non-human intelligence' as 'any sentient intelligent non-human lifeform regardless of nature or ultimate origin,' defines 'technologies of unknown origin' to include 'damaged or intact aerospace vehicles' and 'crash debris,' and asserts that 'credible evidence and testimony indicates that Federal Government unidentified anomalous phenomena records exist' that have escaped mandatory declassification due in part to Atomic Energy Act exemptions. It establishes a presumption of immediate disclosure, creates a Review Board, and names 24 categories of originating bodies including DoD, DOE (and progenitors the Manhattan Project and Atomic Energy Commission), ODNI, CIA, NRO, DIA, NSA, NGA, NASA, FBI, FAA, and NOAA.
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4 BAG23A78 JDP S.L.C. technological surprise in furtherance of urgent na- 1 tional security concerns and the public interest. 2 (b) P URPOSES .—The purposes of this title are— 3 (1) to provide for the creation of the unidenti- 4 fied anomalous phenomena Records Collection at the 5 National Archives and Records Administration; and 6 (2) to require the expeditious public trans- 7 mission to the Archivist and public disclosure of 8 such records. 9 SEC. ll 03. DEFINITIONS. 10 In this title: 11 (1) A RCHIVIST .—The term ‘‘Archivist’’ means 12 the Archivist of the United States. 13 (2) C LOSE OBSERVER .—The term ‘‘close ob- 14 server’’ means anyone who has come into close prox- 15 imity to unidentified anomalous phenomena or non- 16 human intelligence. 17 (3) C OLLECTION .—The term ‘‘Collection’’ 18 means the Unidentified Anomalous Phenomena 19 Records Collection established under section ll 04. 20 (4) C ONTROLLED DISCLOSURE CAMPAIGN 21 PLAN .—The term ‘‘Controlled Disclosure Campaign 22 Plan’’ means the Controlled Disclosure Campaign 23 Plan required by section ll 09(c)(3). 24
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BAG23A78 JDP S.L.C. AMENDMENT NO. llll Calendar No. lll Purpose: To provide for the expeditious disclosure of uniden- tified anomalous phenomena records. IN THE SENATE OF THE UNITED STATES—118th Cong., 1st Sess. S. 2226 To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed A MENDMENT intended to be proposed by Mr. S CHUMER (for himself, Mr. R OUNDS , Mr. R UBIO , and Mrs. G ILLIBRAND ) Viz: At the appropriate place, insert the following: 1 TITLE l —UNIDENTIFIED ANOM- 2 ALOUS PHENOMENA DISCLO- 3 SURE 4 SEC. ll 01. SHORT TITLE. 5 This title may be cited as the ‘‘Unidentified Anoma- 6 lous Phenomena Disclosure Act of 2023’’ or the ‘‘UAP 7 Disclosure Act of 2023’’. 8
2 BAG23A78 JDP S.L.C. SEC. ll 02. FINDINGS, DECLARATIONS, AND PURPOSES. 1 (a) F INDINGS AND D ECLARATIONS .—Congress finds 2 and declares the following: 3 (1) All Federal Government records related to 4 unidentified anomalous phenomena should be pre- 5 served and centralized for historical and Federal 6 Government purposes. 7 (2) All Federal Government records concerning 8 unidentified anomalous phenomena should carry a 9 presumption of immediate disclosure and all records 10 should be eventually disclosed to enable the public to 11 become fully informed about the history of the Fed- 12 eral Government’s knowledge and involvement sur- 13 rounding unidentified anomalous phenomena. 14 (3) Legislation is necessary to create an en- 15 forceable, independent, and accountable process for 16 the public disclosure of such records. 17 (4) Legislation is necessary because credible 18 evidence and testimony indicates that Federal Gov- 19 ernment unidentified anomalous phenomena records 20 exist that have not been declassified or subject to 21 mandatory declassification review as set forth in Ex- 22 ecutive Order 13526 (50 U.S.C. 3161 note; relating 23 to classified national security information) due in 24 part to exemptions under the Atomic Energy Act of 25 1954 (42 U.S.C. 2011 et seq.), as well as an over- 26
3 BAG23A78 JDP S.L.C. broad interpretation of ‘‘transclassified foreign nu- 1 clear information’’, which is also exempt from man- 2 datory declassification, thereby preventing public 3 disclosure under existing provisions of law. 4 (5) Legislation is necessary because section 552 5 of title 5, United States Code (commonly referred to 6 as the ‘‘Freedom of Information Act’’), as imple- 7 mented by the Executive branch of the Federal Gov- 8 ernment, has proven inadequate in achieving the 9 timely public disclosure of Government unidentified 10 anomalous phenomena records that are subject to 11 mandatory declassification review. 12 (6) Legislation is necessary to restore proper 13 oversight over unidentified anomalous phenomena 14 records by elected officials in both the executive and 15 legislative branches of the Federal Government that 16 has otherwise been lacking as of the enactment of 17 this Act. 18 (7) Legislation is necessary to afford complete 19 and timely access to all knowledge gained by the 20 Federal Government concerning unidentified anoma- 21 lous phenomena in furtherance of comprehensive 22 open scientific and technological research and devel- 23 opment essential to avoiding or mitigating potential 24
4 BAG23A78 JDP S.L.C. technological surprise in furtherance of urgent na- 1 tional security concerns and the public interest. 2 (b) P URPOSES .—The purposes of this title are— 3 (1) to provide for the creation of the unidenti- 4 fied anomalous phenomena Records Collection at the 5 National Archives and Records Administration; and 6 (2) to require the expeditious public trans- 7 mission to the Archivist and public disclosure of 8 such records. 9 SEC. ll 03. DEFINITIONS. 10 In this title: 11 (1) A RCHIVIST .—The term ‘‘Archivist’’ means 12 the Archivist of the United States. 13 (2) C LOSE OBSERVER .—The term ‘‘close ob- 14 server’’ means anyone who has come into close prox- 15 imity to unidentified anomalous phenomena or non- 16 human intelligence. 17 (3) C OLLECTION .—The term ‘‘Collection’’ 18 means the Unidentified Anomalous Phenomena 19 Records Collection established under section ll 04. 20 (4) C ONTROLLED DISCLOSURE CAMPAIGN 21 PLAN .—The term ‘‘Controlled Disclosure Campaign 22 Plan’’ means the Controlled Disclosure Campaign 23 Plan required by section ll 09(c)(3). 24
5 BAG23A78 JDP S.L.C. (5) C ONTROLLING AUTHORITY .—The term 1 ‘‘controlling authority’’ means any Federal, State, or 2 local government department, office, agency, com- 3 mittee, commission, commercial company, academic 4 institution, or private sector entity in physical pos- 5 session of technologies of unknown origin or biologi- 6 cal evidence of non-human intelligence. 7 (6) E XECUTIVE AGENCY .—The term ‘‘Executive 8 agency’’ means an Executive agency, as defined in 9 subsection 552(f) of title 5, United States Code. 10 (7) G OVERNMENT OFFICE .—The term ‘‘Govern- 11 ment office’’ means any department, office, agency, 12 committee, or commission of the Federal Govern- 13 ment and any independent office or agency without 14 exception that has possession or control, including 15 via contract or other agreement, of unidentified 16 anomalous phenomena records. 17 (8) I DENTIFICATION AID .—The term ‘‘identi- 18 fication aid’’ means the written description prepared 19 for each record, as required in section ll 04. 20 (9) L EADERSHIP OF CONGRESS .—The term 21 ‘‘leadership of Congress’’ means— 22 (A) the majority leader of the Senate; 23 (B) the minority leader of the Senate; 24
6 BAG23A78 JDP S.L.C. (C) the Speaker of the House of Rep- 1 resentatives; and 2 (D) the minority leader of the House of 3 Representatives. 4 (10) L EGACY PROGRAM .—The term ‘‘legacy 5 program’’ means all Federal, State, and local gov- 6 ernment, commercial industry, academic, and private 7 sector endeavors to collect, exploit, or reverse engi- 8 neer technologies of unknown origin or examine bio- 9 logical evidence of living or deceased non-human in- 10 telligence that pre-dates the date of the enactment 11 of this Act. 12 (11) N ATIONAL ARCHIVES .—The term ‘‘Na- 13 tional Archives’’ means the National Archives and 14 Records Administration and all components thereof, 15 including presidential archival depositories estab- 16 lished under section 2112 of title 44, United States 17 Code. 18 (12) N ON - HUMAN INTELLIGENCE .—The term 19 ‘‘non-human intelligence’’ means any sentient intel- 20 ligent non-human lifeform regardless of nature or ul- 21 timate origin that may be presumed responsible for 22 unidentified anomalous phenomena or of which the 23 Federal Government has become aware. 24
7 BAG23A78 JDP S.L.C. (13) O RIGINATING BODY .—The term ‘‘origi- 1 nating body’’ means the Executive agency, Federal 2 Government commission, committee of Congress, or 3 other Governmental entity that created a record or 4 particular information within a record. 5 (14) P ROSAIC ATTRIBUTION .—The term ‘‘pro- 6 saic attribution’’ means having a human (either for- 7 eign or domestic) origin and operating according to 8 current, proven, and generally understood scientific 9 and engineering principles and established laws-of- 10 nature and not attributable to non-human intel- 11 ligence. 12 (15) P UBLIC INTEREST .—The term ‘‘public in- 13 terest’’ means the compelling interest in the prompt 14 public disclosure of unidentified anomalous phe- 15 nomena records for historical and Governmental 16 purposes and for the purpose of fully informing the 17 people of the United States about the history of the 18 Federal Government’s knowledge and involvement 19 surrounding unidentified anomalous phenomena. 20 (16) R ECORD .—The term ‘‘record’’ includes a 21 book, paper, report, memorandum, directive, email, 22 text, or other form of communication, or map, pho- 23 tograph, sound or video recording, machine-readable 24 material, computerized, digitized, or electronic infor- 25
8 BAG23A78 JDP S.L.C. mation, including intelligence, surveillance, recon- 1 naissance, and target acquisition sensor data, re- 2 gardless of the medium on which it is stored, or 3 other documentary material, regardless of its phys- 4 ical form or characteristics. 5 (17) R EVIEW BOARD .—The term ‘‘Review 6 Board’’ means the Unidentified Anomalous Phe- 7 nomena Records Review Board established by sec- 8 tion ll 07. 9 (18) T ECHNOLOGIES OF UNKNOWN ORIGIN .— 10 The term ‘‘technologies of unknown origin’’ means 11 any materials or meta-materials, ejecta, crash de- 12 bris, mechanisms, machinery, equipment, assemblies 13 or sub-assemblies, engineering models or processes, 14 damaged or intact aerospace vehicles, and damaged 15 or intact ocean-surface and undersea craft associ- 16 ated with unidentified anomalous phenomena or in- 17 corporating science and technology that lacks prosaic 18 attribution or known means of human manufacture. 19 (19) T EMPORARILY NON - ATTRIBUTED OB - 20 JECTS .— 21 (A) I N GENERAL .—The term ‘‘temporarily 22 non-attributed objects’’ means the class of ob- 23 jects that temporarily resist prosaic attribution 24 by the initial observer as a result of environ- 25
9 BAG23A78 JDP S.L.C. mental or system limitations associated with the 1 observation process that nevertheless ultimately 2 have an accepted human origin or known phys- 3 ical cause. Although some unidentified anoma- 4 lous phenomena may at first be interpreted as 5 temporarily non-attributed objects, they are not 6 temporarily non-attributed objects, and the two 7 categories are mutually exclusive. 8 (B) I NCLUSION .—The term ‘‘temporarily 9 non-attributed objects’’ includes— 10 (i) natural celestial, meteorological, 11 and undersea weather phenomena; 12 (ii) mundane human-made airborne 13 objects, clutter, and marine debris; 14 (iii) Federal, State, and local govern- 15 ment, commercial industry, academic, and 16 private sector aerospace platforms; 17 (iv) Federal, State, and local govern- 18 ment, commercial industry, academic, and 19 private sector ocean-surface and undersea 20 vehicles; and 21 (v) known foreign systems. 22 (20) T HIRD AGENCY .—The term ‘‘third agen- 23 cy’’ means a Government agency that originated a 24
10 BAG23A78 JDP S.L.C. unidentified anomalous phenomena record that is in 1 the possession of another Government agency. 2 (21) U NIDENTIFIED ANOMALOUS PHE - 3 NOMENA .— 4 (A) I N GENERAL .—The term ‘‘unidentified 5 anomalous phenomena’’ means any object oper- 6 ating or judged capable of operating in outer- 7 space, the atmosphere, ocean surfaces, or un- 8 dersea lacking prosaic attribution due to per- 9 formance characteristics and properties not pre- 10 viously known to be achievable based upon com- 11 monly accepted physical principles. Unidentified 12 anomalous phenomena are differentiated from 13 both attributed and temporarily non-attributed 14 objects by one or more of the following 15 observables: 16 (i) Instantaneous acceleration absent 17 apparent inertia. 18 (ii) Hypersonic velocity absent a ther- 19 mal signature and sonic shockwave. 20 (iii) Transmedium (such as space-to- 21 ground and air-to-undersea) travel. 22 (iv) Positive lift contrary to known 23 aerodynamic principles. 24 (v) Multispectral signature control. 25
11 BAG23A78 JDP S.L.C. (vi) Physical or invasive biological ef- 1 fects to close observers and the environ- 2 ment. 3 (B) I NCLUSIONS .—The term ‘‘unidentified 4 anomalous phenomena’’ includes what were pre- 5 viously described as— 6 (i) flying discs; 7 (ii) flying saucers; 8 (iii) unidentified aerial phenomena; 9 (iv) unidentified flying objects 10 (UFOs); and 11 (v) unidentified submerged objects 12 (USOs). 13 (22) U NIDENTIFIED ANOMALOUS PHENOMENA 14 RECORD .—The term ‘‘unidentified anomalous phe- 15 nomena record’’ means a record that is related to 16 unidentified anomalous phenomena, technologies of 17 unknown origin, or non-human intelligence (and all 18 equivalent subjects by any other name with the spe- 19 cific and sole exclusion of temporarily non-attributed 20 objects) that was created or made available for use 21 by, obtained by, or otherwise came into the posses- 22 sion of— 23 (A) the Executive Office of the President; 24
12 BAG23A78 JDP S.L.C. (B) the Department of Defense and its 1 progenitors, the Department of War and the 2 Department of the Navy; 3 (C) the Department of the Army; 4 (D) the Department of the Navy; 5 (E) the Department of the Air Force, spe- 6 cifically the Air Force Office of Special Inves- 7 tigations; 8 (F) the Department of Energy and its pro- 9 genitors, the Manhattan Project, the Atomic 10 Energy Commission, and the Energy Research 11 and Development Administration; 12 (G) the Office of the Director of National 13 Intelligence; 14 (H) the Central Intelligence Agency and 15 its progenitor, the Office of Strategic Services; 16 (I) the National Reconnaissance Office; 17 (J) the Defense Intelligence Agency; 18 (K) the National Security Agency; 19 (L) the National Geospatial-Intelligence 20 Agency; 21 (M) the National Aeronautics and Space 22 Administration: 23 (N) the Federal Bureau of Investigation; 24 (O) the Federal Aviation Administration; 25
13 BAG23A78 JDP S.L.C. (P) the National Oceanic and Atmospheric 1 Administration; 2 (Q) the Library of Congress; 3 (R) the National Archives and Records Ad- 4 ministration; 5 (S) any Presidential library; 6 (T) any Executive agency; 7 (U) any independent office or agency; 8 (V) any other department, office, agency, 9 committee, or commission of the Federal Gov- 10 ernment; 11 (W) any State or local government depart- 12 ment, office, agency, committee, or commission 13 that provided support or assistance or per- 14 formed work, in connection with a Federal in- 15 quiry into unidentified anomalous phenomena, 16 technologies of unknown origin, or non-human 17 intelligence; and 18 (X) any private sector person or entity for- 19 merly or currently under contract or some other 20 agreement with the Federal Government. 21 SEC. ll 04. UNIDENTIFIED ANOMALOUS PHENOMENA 22 RECORDS COLLECTION AT THE NATIONAL 23 ARCHIVES AND RECORDS ADMINISTRATION. 24 (a) E STABLISHMENT .— 25
14 BAG23A78 JDP S.L.C. (1) I N GENERAL .—(A) Not later than 60 days 1 after the date of the enactment of this Act, the Ar- 2 chivist shall commence establishment of a collection 3 of records in the National Archives to be known as 4 the ‘‘Unidentified Anomalous Phenomena Records 5 Collection’’. 6 (B) In carrying out subparagraph (A), the Ar- 7 chivist shall ensure the physical integrity and origi- 8 nal provenance (or if indeterminate, the earliest his- 9 torical owner) of all records in the Collection. 10 (C) The Collection shall consist of record copies 11 of all Government, Government-provided, or Govern- 12 ment-funded records relating to unidentified anoma- 13 lous phenomena, technologies of unknown origin, 14 and non-human intelligence (or equivalent subjects 15 by any other name with the specific and sole exclu- 16 sion of temporarily non-attributed objects), which 17 shall be transmitted to the National Archives in ac- 18 cordance with section 2107 of title 44, United States 19 Code. 20 (D) The Archivist shall prepare and publish a 21 subject guidebook and index to the Collection. 22 (2) C ONTENTS .—The Collection shall include 23 the following: 24
15 BAG23A78 JDP S.L.C. (A) All unidentified anomalous phenomena 1 records, regardless of age or date of creation— 2 (i) that have been transmitted to the 3 National Archives or disclosed to the public 4 in an unredacted form prior to the date of 5 the enactment of this Act; 6 (ii) that are required to be trans- 7 mitted to the National Archives; and 8 (iii) that the disclosure of which is 9 postponed under this Act. 10 (B) A central directory comprised of iden- 11 tification aids created for each record trans- 12 mitted to the Archivist under section ll 05. 13 (C) All Review Board records as required 14 by this Act. 15 (b) D ISCLOSURE OF R ECORDS .—All unidentified 16 anomalous phenomena records transmitted to the National 17 Archives for disclosure to the public shall— 18 (1) be included in the Collection; and 19 (2) be available to the public— 20 (A) for inspection and copying at the Na- 21 tional Archives within 30 days after their trans- 22 mission to the National Archives; and 23
16 BAG23A78 JDP S.L.C. (B) digitally via the National Archives on- 1 line database within a reasonable amount of 2 time not to exceed 180 days thereafter. 3 (c) F EES FOR C OPYING .—The Archivist shall— 4 (1) charge fees for copying unidentified anoma- 5 lous phenomena records; and 6 (2) grant waivers of such fees pursuant to the 7 standards established by section 552(a)(4) of title 5, 8 United States Code. 9 (d) A DDITIONAL R EQUIREMENTS .— 10 (1) U SE OF FUNDS .—The Collection shall be 11 preserved, protected, archived, digitized, and made 12 available to the public at the National Archives and 13 via the official National Archives online database 14 using appropriations authorized, specified, and re- 15 stricted for use under the terms of this Act. 16 (2) S ECURITY OF RECORDS .—The National Se- 17 curity Program Office at the National Archives, in 18 consultation with the National Archives Information 19 Security Oversight Office, shall establish a program 20 to ensure the security of the postponed unidentified 21 anomalous phenomena records in the protected, and 22 yet-to-be disclosed or classified portion of the Collec- 23 tion. 24 (e) O VERSIGHT .— 25
17 BAG23A78 JDP S.L.C. (1) S ENATE .—Unless otherwise determined by 1 the Select Committee on Intelligence of the Senate, 2 the Committee on Homeland Security and Govern- 3 mental Affairs of the Senate shall have continuing 4 legislative oversight jurisdiction in the Senate with 5 respect to the Collection. 6 (2) H OUSE OF REPRESENTATIVES .—Unless 7 otherwise determined appropriate by the Permanent 8 Select Committee on Intelligence of the House of 9 Representatives, the Committee on Oversight and 10 Accountability of the House of Representatives shall 11 have continuing legislative oversight jurisdiction in 12 the House of Representatives with respect to the 13 Collection. 14 SEC. ll 05. REVIEW, IDENTIFICATION, TRANSMISSION TO 15 THE NATIONAL ARCHIVES, AND PUBLIC DIS- 16 CLOSURE OF UNIDENTIFIED ANOMALOUS 17 PHENOMENA RECORDS BY GOVERNMENT OF- 18 FICES. 19 (a) I DENTIFICATION , O RGANIZATION , AND P REPARA - 20 TION FOR T RANSMISSION .— 21 (1) I N GENERAL .—As soon as practicable after 22 the date of the enactment of this Act, each head of 23 a Government office shall— 24
18 BAG23A78 JDP S.L.C. (A) identify and organize records in the 1 possession of the Government office or under 2 the control of the Government office relating to 3 unidentified anomalous phenomena; and 4 (B) prepare such records for transmission 5 to the Archivist for inclusion in the Collection. 6 (2) P ROHIBITIONS .—(A) No unidentified anom- 7 alous phenomena record shall be destroyed, altered, 8 or mutilated in any way. 9 (B) No unidentified anomalous phenomena 10 record made available or disclosed to the public prior 11 to the date of the enactment of this Act may be 12 withheld, redacted, postponed for public disclosure, 13 or reclassified. 14 (C) No unidentified anomalous phenomena 15 record created by a person or entity outside the Fed- 16 eral Government (excluding names or identities con- 17 sistent with the requirements of section ll 06) 18 shall be withheld, redacted, postponed for public dis- 19 closure, or reclassified. 20 (b) C USTODY OF U NIDENTIFIED A NOMALOUS P HE - 21 NOMENA R ECORDS P ENDING R EVIEW .—During the re- 22 view by the heads of Government offices under subsection 23 (c) and pending review activity by the Review Board, each 24 head of a Government office shall retain custody of the 25
19 BAG23A78 JDP S.L.C. unidentified anomalous phenomena records of the office 1 for purposes of preservation, security, and efficiency, un- 2 less— 3 (1) the Review Board requires the physical 4 transfer of the records for purposes of conducting an 5 independent and impartial review; 6 (2) transfer is necessary for an administrative 7 hearing or other Review Board function; or 8 (3) it is a third agency record described in sub- 9 section (c)(2)(C). 10 (c) R EVIEW BY H EADS OF G OVERNMENT O FFICES .— 11 (1) I N GENERAL .—Not later than 300 days 12 after the date of the enactment of this Act, each 13 head of a Government office shall review, identify, 14 and organize each unidentified anomalous phe- 15 nomena record in the custody or possession of the 16 office for— 17 (A) disclosure to the public; 18 (B) review by the Review Board; and 19 (C) transmission to the Archivist. 20 (2) R EQUIREMENTS .—In carrying out para- 21 graph (1), the head of a Government office shall— 22 (A) determine which of the records of the 23 office are unidentified anomalous phenomena 24 records; 25
20 BAG23A78 JDP S.L.C. (B) determine which of the unidentified 1 anomalous phenomena records of the office 2 have been officially disclosed or made publicly 3 available in a complete and unredacted form; 4 (C)(i) determine which of the unidentified 5 anomalous phenomena records of the office, or 6 particular information contained in such a 7 record, was created by a third agency or by an- 8 other Government office; and 9 (ii) transmit to a third agency or other 10 Government office those records, or particular 11 information contained in those records, or com- 12 plete and accurate copies thereof; 13 (D)(i) determine whether the unidentified 14 anomalous phenomena records of the office or 15 particular information in unidentified anoma- 16 lous phenomena records of the office are cov- 17 ered by the standards for postponement of pub- 18 lic disclosure under this title; and 19 (ii) specify on the identification aid re- 20 quired by subsection (d) the applicable post- 21 ponement provision contained in section 22 ll 06; 23 (E) organize and make available to the Re- 24 view Board all unidentified anomalous phe- 25
21 BAG23A78 JDP S.L.C. nomena records identified under subparagraph 1 (D) the public disclosure of, which in-whole or 2 in-part, may be postponed under this title; 3 (F) organize and make available to the Re- 4 view Board any record concerning which the of- 5 fice has any uncertainty as to whether the 6 record is an unidentified anomalous phenomena 7 record governed by this title; 8 (G) give precedence of work to— 9 (i) the identification, review, and 10 transmission of unidentified anomalous 11 phenomena records not already publicly 12 available or disclosed as of the date of the 13 enactment of this Act; 14 (ii) the identification, review, and 15 transmission of all records that most un- 16 ambiguously and definitively pertain to un- 17 identified anomalous phenomena, tech- 18 nologies of unknown origin, and non- 19 human intelligence; 20 (iii) the identification, review, and 21 transmission of unidentified anomalous 22 phenomena records that on the date of the 23 enactment of this Act are the subject of 24
22 BAG23A78 JDP S.L.C. litigation under section 552 of title 5, 1 United States Code; and 2 (iv) the identification, review, and 3 transmission of unidentified anomalous 4 phenomena records with earliest prove- 5 nance when not inconsistent with clauses 6 (i) through (iii) and otherwise feasible; and 7 (H) make available to the Review Board 8 any additional information and records that the 9 Review Board has reason to believe the Review 10 Board requires for conducting a review under 11 this title. 12 (3) P RIORITY OF EXPEDITED REVIEW FOR DI - 13 RECTORS OF CERTAIN ARCHIVAL DEPOSITORIES .— 14 The Director of each archival depository established 15 under section 2112 of title 44, United States Code, 16 shall have as a priority the expedited review for pub- 17 lic disclosure of unidentified anomalous phenomena 18 records in the possession and custody of the deposi- 19 tory, and shall make such records available to the 20 Review Board as required by this title. 21 (d) I DENTIFICATION A IDS .— 22 (1) I N GENERAL .—(A) Not later than 45 days 23 after the date of the enactment of this Act, the Ar- 24 chivist, in consultation with the heads of such Gov- 25
23 BAG23A78 JDP S.L.C. ernment offices as the Archivist considers appro- 1 priate, shall prepare and make available to all Gov- 2 ernment offices a standard form of identification, or 3 finding aid, for use with each unidentified anoma- 4 lous phenomena record subject to review under this 5 title whether in hardcopy (physical), softcopy (elec- 6 tronic), or digitized data format as may be appro- 7 priate. 8 (B) The Archivist shall ensure that the identi- 9 fication aid program is established in such a manner 10 as to result in the creation of a uniform system for 11 cataloging and finding every unidentified anomalous 12 phenomena record subject to review under this title 13 where ever and how ever stored in hardcopy (phys- 14 ical), softcopy (electronic), or digitized data format. 15 (2) R EQUIREMENTS FOR GOVERNMENT OF - 16 FICES .—Upon completion of an identification aid 17 using the standard form of identification prepared 18 and made available under subparagraph (A) of para- 19 graph (1) for the program established pursuant to 20 subparagraph (B) of such paragraph, the head of a 21 Government office shall— 22 (A) attach a printed copy to each physical 23 unidentified anomalous phenomena record, and 24 an electronic copy to each softcopy or digitized 25
24 BAG23A78 JDP S.L.C. data unidentified anomalous phenomena record, 1 the identification aid describes; 2 (B) transmit to the Review Board a print- 3 ed copy for each physical unidentified anoma- 4 lous phenomena record and an electronic copy 5 for each softcopy or digitized data unidentified 6 anomalous phenomena record the identification 7 aid describes; and 8 (C) attach a printed copy to each physical 9 unidentified anomalous phenomena record, and 10 an electronic copy to each softcopy or digitized 11 data unidentified anomalous phenomena record 12 the identification aid describes, when trans- 13 mitted to the Archivist. 14 (3) R ECORDS OF THE NATIONAL ARCHIVES 15 THAT ARE PUBLICLY AVAILABLE .—Unidentified 16 anomalous phenomena records which are in the pos- 17 session of the National Archives on the date of the 18 enactment of this Act, and which have been publicly 19 available in their entirety without redaction, shall be 20 made available in the Collection without any addi- 21 tional review by the Review Board or another au- 22 thorized office under this title, and shall not be re- 23 quired to have such an identification aid unless re- 24 quired by the Archivist. 25
25 BAG23A78 JDP S.L.C. (e) T RANSMISSION TO THE N ATIONAL A RCHIVES .— 1 Each head of a Government office shall— 2 (1) transmit to the Archivist, and make imme- 3 diately available to the public, all unidentified anom- 4 alous phenomena records of the Government office 5 that can be publicly disclosed, including those that 6 are publicly available on the date of the enactment 7 of this Act, without any redaction, adjustment, or 8 withholding under the standards of this title; and 9 (2) transmit to the Archivist upon approval for 10 postponement by the Review Board or upon comple- 11 tion of other action authorized by this title, all un- 12 identified anomalous phenomena records of the Gov- 13 ernment office the public disclosure of which has 14 been postponed, in whole or in part, under the 15 standards of this title, to become part of the pro- 16 tected, yet-to-be disclosed, or classified portion of 17 the Collection. 18 (f) C USTODY OF P OSTPONED U NIDENTIFIED A NOMA - 19 LOUS P HENOMENA R ECORDS .—An unidentified anoma- 20 lous phenomena record the public disclosure of which has 21 been postponed shall, pending transmission to the Archi- 22 vist, be held for reasons of security and preservation by 23 the originating body until such time as the information 24
26 BAG23A78 JDP S.L.C. security program has been established at the National Ar- 1 chives as required in section ll 04(d)(2). 2 (g) P ERIODIC R EVIEW OF P OSTPONED U NIDENTI - 3 FIED A NOMALOUS P HENOMENA R ECORDS .— 4 (1) I N GENERAL .—All postponed or redacted 5 records shall be reviewed periodically by the origi- 6 nating agency and the Archivist consistent with the 7 recommendations of the Review Board in the Con- 8 trolled Disclosure Campaign Plan under section 9 ll 09(c)(3)(B). 10 (2) R EQUIREMENTS .—(A) A periodic review 11 under paragraph (1) shall address the public disclo- 12 sure of additional unidentified anomalous phe- 13 nomena records in the Collection under the stand- 14 ards of this title. 15 (B) All postponed unidentified anomalous phe- 16 nomena records determined to require continued 17 postponement shall require an unclassified written 18 description of the reason for such continued post- 19 ponement relevant to these specific records. Such de- 20 scription shall be provided to the Archivist and pub- 21 lished in the Federal Register upon determination. 22 (C) The time and release requirements specified 23 in the Controlled Disclosure Campaign Plan shall be 24 revised or amended only if the Review Board is still 25
27 BAG23A78 JDP S.L.C. in session and concurs with the rationale for post- 1 ponement, subject to the limitations in section 2 ll 09(d)(1). 3 (D) The periodic review of postponed unidenti- 4 fied anomalous phenomena records shall serve to 5 downgrade and declassify security classified informa- 6 tion. 7 (E) Each unidentified anomalous phenomena 8 record shall be publicly disclosed in full, and avail- 9 able in the Collection, not later than the date that 10 is 25 years after the date of the first creation of the 11 record by the originating body, unless the President 12 certifies, as required by this title, that— 13 (i) continued postponement is made nec- 14 essary by an identifiable harm to the military 15 defense, intelligence operations, law enforce- 16 ment, or conduct of foreign relations; and 17 (ii) the identifiable harm is of such gravity 18 that it outweighs the public interest in disclo- 19 sure. 20 (h) R EQUIREMENTS FOR E XECUTIVE A GENCIES .— 21 Executive agencies shall— 22 (1) transmit digital records electronically in ac- 23 cordance with section 2107 of title 44, United States 24 Code; 25
28 BAG23A78 JDP S.L.C. (2) charge fees for copying unidentified anoma- 1 lous phenomena records; and 2 (3) grant waivers of such fees pursuant to the 3 standards established by section 552(a)(4) of title 5, 4 United States Code. 5 SEC. ll 06. GROUNDS FOR POSTPONEMENT OF PUBLIC 6 DISCLOSURE OF UNIDENTIFIED ANOMALOUS 7 PHENOMENA RECORDS. 8 Disclosure of unidentified anomalous phenomena 9 records or particular information in unidentified anoma- 10 lous phenomena records to the public may be postponed 11 subject to the limitations of this title if there is clear and 12 convincing evidence that— 13 (1) the threat to the military defense, intel- 14 ligence operations, or conduct of foreign relations of 15 the United States posed by the public disclosure of 16 the unidentified anomalous phenomena record is of 17 such gravity that it outweighs the public interest in 18 disclosure, and such public disclosure would reveal— 19 (A) an intelligence agent whose identity 20 currently requires protection; 21 (B) an intelligence source or method which 22 is currently utilized, or reasonably expected to 23 be utilized, by the Federal Government and 24 which has not been officially disclosed, the dis- 25
29 BAG23A78 JDP S.L.C. closure of which would interfere with the con- 1 duct of intelligence activities; or 2 (C) any other matter currently relating to 3 the military defense, intelligence operations, or 4 conduct of foreign relations of the United 5 States, the disclosure of which would demon- 6 strably and substantially impair the national se- 7 curity of the United States; 8 (2) the public disclosure of the unidentified 9 anomalous phenomena record would reveal the name 10 or identity of a living person who provided confiden- 11 tial information to the Federal Government and 12 would pose a substantial risk of harm to that per- 13 son; 14 (3) the public disclosure of the unidentified 15 anomalous phenomena record could reasonably be 16 expected to constitute an unwarranted invasion of 17 personal privacy, and that invasion of privacy is so 18 substantial that it outweighs the public interest; or 19 (4) the public disclosure of the unidentified 20 anomalous phenomena record would compromise the 21 existence of an understanding of confidentiality cur- 22 rently requiring protection between a Federal Gov- 23 ernment agent and a cooperating individual or a for- 24
30 BAG23A78 JDP S.L.C. eign government, and public disclosure would be so 1 harmful that it outweighs the public interest. 2 SEC. ll 07. ESTABLISHMENT AND POWERS OF THE UN- 3 IDENTIFIED ANOMALOUS PHENOMENA 4 RECORDS REVIEW BOARD. 5 (a) E STABLISHMENT .—There is established as an 6 independent agency a board to be known as the ‘‘Unidenti- 7 fied Anomalous Phenomena Records Review Board’’. 8 (b) A PPOINTMENT .— 9 (1) I N GENERAL .—The President, by and with 10 the advice and consent of the Senate, shall appoint, 11 without regard to political affiliation, 9 citizens of 12 the United States to serve as members of the Review 13 Board to ensure and facilitate the review, trans- 14 mission to the Archivist, and public disclosure of 15 government records relating to unidentified anoma- 16 lous phenomena. 17 (2) P ERIOD FOR NOMINATIONS .—(A) The 18 President shall make nominations to the Review 19 Board not later than 90 calendar days after the date 20 of the enactment of this Act. 21 (B) If the Senate votes not to confirm a nomi- 22 nation to the Review Board, the President shall 23 make an additional nomination not later than 30 24 days thereafter. 25
31 BAG23A78 JDP S.L.C. (3) C ONSIDERATION OF RECOMMENDATIONS .— 1 (A) The President shall make nominations to the 2 Review Board after considering persons rec- 3 ommended by the following: 4 (i) The majority leader of the Senate. 5 (ii) The minority leader of the Senate. 6 (iii) The Speaker of the House of Rep- 7 resentatives. 8 (iv) The minority leader of the House of 9 Representatives. 10 (v) The Secretary of Defense. 11 (vi) The National Academy of Sciences. 12 (vii) The UAP Disclosure Foundation. 13 (viii) The American Historical Association. 14 (ix) Such other persons and organizations 15 as the President considers appropriate. 16 (B) If an individual or organization described in 17 subparagraph (A) does not recommend at least 2 18 nominees meeting the qualifications stated in para- 19 graph (5) by the date that is 45 days after the date 20 of the enactment of this Act, the President shall 21 consider for nomination the persons recommended 22 by the other individuals and organizations described 23 in such subparagraph. 24
32 BAG23A78 JDP S.L.C. (C) The President may request an individual or 1 organization described in subparagraph (A) to sub- 2 mit additional nominations. 3 (4) Q UALIFICATIONS .—Persons nominated to 4 the Review Board— 5 (A) shall be impartial citizens, none of 6 whom shall have had any previous or current 7 involvement with any legacy program or con- 8 trolling authority relating to the collection, ex- 9 ploitation, or reverse engineering of technologies 10 of unknown origin or the examination of bio- 11 logical evidence of living or deceased non- 12 human intelligence; 13 (B) shall be distinguished persons of high 14 national professional reputation in their respec- 15 tive fields who are capable of exercising the 16 independent and objective judgment necessary 17 to the fulfillment of their role in ensuring and 18 facilitating the review, transmission to the pub- 19 lic, and public disclosure of records related to 20 the government’s understanding of, and activi- 21 ties associated with unidentified anomalous phe- 22 nomena, technologies of unknown origin, and 23 non-human intelligence and who possess an ap- 24
33 BAG23A78 JDP S.L.C. preciation of the value of such material to the 1 public, scholars, and government; and 2 (C) shall include at least— 3 (i) 1 current or former national secu- 4 rity official; 5 (ii) 1 current or former foreign service 6 official; 7 (iii) 1 scientist or engineer; 8 (iv) 1 economist; 9 (v) 1 professional historian; and 10 (vi) 1 sociologist. 11 (c) S ECURITY C LEARANCES .— 12 (1) I N GENERAL .—All Review Board nominees 13 shall be granted the necessary security clearances 14 and accesses, including any and all relevant Presi- 15 dential, departmental, and agency special access pro- 16 grams, in an accelerated manner subject to the 17 standard procedures for granting such clearances. 18 (2) Q UALIFICATION FOR NOMINEES .—All nomi- 19 nees for appointment to the Review Board under 20 subsection (b) shall qualify for the necessary security 21 clearances and accesses prior to being considered for 22 confirmation by the Committee on Homeland Secu- 23 rity and Governmental Affairs of the Senate. 24 (d) C ONFIRMATION H EARINGS .— 25
34 BAG23A78 JDP S.L.C. (1) H OLDING HEARINGS .—Unless the Senate 1 designates a different committee of jurisdiction, the 2 Committee on Homeland Security and Governmental 3 Affairs of the Senate shall hold confirmation hear- 4 ings, and do so within 30 days after the first date 5 in which the Senate is in session after the nomina- 6 tion of a minimum of 3 individuals for appointment 7 to the Review Board, including the Executive Direc- 8 tor established under section ll 08(a). 9 (2) C OMMITTEE VOTING .—Unless the Senate 10 designates a different committee of jurisdiction, the 11 Committee on Homeland Security and Governmental 12 Affairs of the Senate shall vote on the nominations, 13 and do so within 14 days after the first date on 14 which the Senate is in session after the confirmation 15 hearings, and shall report its results to the full Sen- 16 ate immediately. 17 (3) S ENATE VOTING .—The Senate shall vote on 18 each nominee to confirm or reject within 14 days 19 after the first date on which the Senate is in session 20 after reported by the Committee on Homeland Secu- 21 rity and Governmental Affairs or by a different com- 22 mittee as determined by the Senate. 23
35 BAG23A78 JDP S.L.C. (e) V ACANCY .—A vacancy on the Review Board shall 1 be filled in the same manner as specified for original ap- 2 pointment within 30 days of the occurrence of the vacancy. 3 (f) R EMOVAL OF R EVIEW B OARD M EMBER .— 4 (1) I N GENERAL .—No member of the Review 5 Board shall be removed from office, other than— 6 (A) by impeachment and conviction; or 7 (B) by the action of the President for inef- 8 ficiency, neglect of duty, malfeasance in office, 9 physical disability, mental incapacity, or any 10 other condition that substantially impairs the 11 performance of the member’s duties. 12 (2) N OTICE OF REMOVAL .—(A) If a member of 13 the Review Board is removed from office, and that 14 removal is by the President, not later than 10 days 15 after the removal, the President shall submit to the 16 leadership of Congress, the Committee on Homeland 17 Security and Governmental Affairs of the Senate 18 and the Committee on Oversight and Reform of the 19 House of Representatives, or to alternative commit- 20 tees of jurisdiction as determined by the Senate and 21 the House of Representatives, a report specifying 22 the facts found and the grounds for the removal. 23 (B) The President shall publish in the Federal 24 Register a report submitted under subparagraph 25
36 BAG23A78 JDP S.L.C. (A), except that the President may, if necessary to 1 protect the rights of a person named in the report 2 or to prevent undue interference with any pending 3 prosecution, postpone or refrain from publishing any 4 or all of the report until the completion of such 5 pending cases or pursuant to privacy protection re- 6 quirements in law. 7 (3) J UDICIAL REVIEW .—(A) A member of the 8 Review Board removed from office may obtain judi- 9 cial review of the removal in a civil action com- 10 menced in the United States District Court for the 11 District of Columbia. 12 (B) The member may be reinstated or granted 13 other appropriate relief by order of the court. 14 (g) C OMPENSATION OF M EMBERS .— 15 (1) I N GENERAL .—A member of the Review 16 Board, other than the Executive Director under sec- 17 tion ll 08(c)(1), shall be compensated at a rate 18 equal to the daily equivalent of the annual rate of 19 basic pay prescribed for level IV of the Executive 20 Schedule under section 5315 of title 5, United 21 States Code, for each day (including travel time) 22 during which the member is engaged in the perform- 23 ance of the duties of the Review Board. 24
37 BAG23A78 JDP S.L.C. (2) T RAVEL EXPENSES .—A member of the Re- 1 view Board shall be allowed reasonable travel ex- 2 penses, including per diem in lieu of subsistence, at 3 rates for employees of agencies under subchapter I 4 of chapter 57 of title 5, United States Code, while 5 away from the member’s home or regular place of 6 business in the performance of services for the Re- 7 view Board. 8 (h) D UTIES OF THE R EVIEW B OARD .— 9 (1) I N GENERAL .—The Review Board shall con- 10 sider and render decisions on a determination by a 11 Government office to seek to postpone the disclosure 12 of unidentified anomalous phenomena records. 13 (2) C ONSIDERATIONS AND RENDERING OF DE - 14 CISIONS .—In carrying out paragraph (1), the Review 15 Board shall consider and render decisions— 16 (A) whether a record constitutes a uniden- 17 tified anomalous phenomena record; and 18 (B) whether a unidentified anomalous phe- 19 nomena record or particular information in a 20 record qualifies for postponement of disclosure 21 under this title. 22 (i) P OWERS .— 23
38 BAG23A78 JDP S.L.C. (1) I N GENERAL .—The Review Board shall 1 have the authority to act in a manner prescribed 2 under this title, including authority— 3 (A) to direct Government offices to com- 4 plete identification aids and organize unidenti- 5 fied anomalous phenomena records; 6 (B) to direct Government offices to trans- 7 mit to the Archivist unidentified anomalous 8 phenomena records as required under this title, 9 including segregable portions of unidentified 10 anomalous phenomena records and substitutes 11 and summaries of unidentified anomalous phe- 12 nomena records that can be publicly disclosed 13 to the fullest extent; 14 (C)(i) to obtain access to unidentified 15 anomalous phenomena records that have been 16 identified and organized by a Government of- 17 fice; 18 (ii) to direct a Government office to make 19 available to the Review Board, and if necessary 20 investigate the facts surrounding, additional in- 21 formation, records, or testimony from individ- 22 uals which the Review Board has reason to be- 23 lieve are required to fulfill its functions and re- 24 sponsibilities under this title; and 25
39 BAG23A78 JDP S.L.C. (iii) request the Attorney General to sub- 1 poena private persons to compel testimony, 2 records, and other information relevant to its 3 responsibilities under this title; 4 (D) require any Government office to ac- 5 count in writing for the destruction of any 6 records relating to unidentified anomalous phe- 7 nomena, technologies of unknown origin, or 8 non-human intelligence; 9 (E) receive information from the public re- 10 garding the identification and public disclosure 11 of unidentified anomalous phenomena records; 12 (F) hold hearings, administer oaths, and 13 subpoena witnesses and documents; 14 (G) use the Federal Acquisition Service in 15 the same manner and under the same condi- 16 tions as other Executive agencies; and 17 (H) use the United States mails in the 18 same manner and under the same conditions as 19 other Executive agencies. 20 (2) E NFORCEMENT OF SUBPOENA .—A sub- 21 poena issued under paragraph (1)(C)(iii) may be en- 22 forced by any appropriate Federal court acting pur- 23 suant to a lawful request of the Review Board. 24
40 BAG23A78 JDP S.L.C. (j) W ITNESS I MMUNITY .—The Review Board shall be 1 considered to be an agency of the United States for pur- 2 poses of section 6001 of title 18, United States Code. Wit- 3 nesses, close observers, and whistleblowers providing infor- 4 mation directly to the Review Board shall also be afforded 5 the protections provided to such persons specified under 6 section 1673(b) of the James M. Inhofe National Defense 7 Authorization Act for Fiscal Year 2023 (50 U.S.C. 8 3373b(b)). 9 (k) O VERSIGHT .— 10 (1) S ENATE .—Unless otherwise determined by 11 the Senate, the Committee on Homeland Security 12 and Governmental Affairs of the Senate shall have 13 continuing legislative oversight jurisdiction in the 14 Senate with respect to the official conduct of the Re- 15 view Board and the disposition of postponed records 16 after termination of the Review Board, and shall 17 have access to any records held or created by the 18 Review Board. 19 (2) H OUSE OF REPRESENTATIVES .—Unless 20 otherwise determined appropriate by the House of 21 Representatives, the Committee on Oversight and 22 Accountability of the House of Representatives shall 23 have continuing legislative oversight jurisdiction in 24 the House of Representatives with respect to the of- 25
41 BAG23A78 JDP S.L.C. ficial conduct of the Review Board and the disposi- 1 tion of postponed records after termination of the 2 Review Board, and shall have access to any records 3 held or created by the Review Board. 4 (3) D UTY TO COOPERATE .—The Review Board 5 shall have the duty to cooperate with the exercise of 6 oversight jurisdiction described in this subsection. 7 (l) S UPPORT S ERVICES .—The Administrator of the 8 General Services Administration shall provide administra- 9 tive services for the Review Board on a reimbursable basis. 10 (m) I NTERPRETIVE R EGULATIONS .—The Review 11 Board may issue interpretive regulations. 12 (n) T ERMINATION AND W INDING D OWN .— 13 (1) I N GENERAL .—The Review Board and the 14 terms of its members shall terminate not later than 15 September 30, 2030, unless extended by Congress. 16 (2) R EPORTS .—Upon its termination, the Re- 17 view Board shall submit to the President and Con- 18 gress reports, including a complete and accurate ac- 19 counting of expenditures during its existence and 20 shall complete all other reporting requirements 21 under this title. 22 (3) T RANSFER OF RECORDS .—Upon termi- 23 nation and winding down, the Review Board shall 24 transfer all of its records to the Archivist for inclu- 25
42 BAG23A78 JDP S.L.C. sion in the Collection, and no record of the Review 1 Board shall be destroyed. 2 SEC. ll 08. UNIDENTIFIED ANOMALOUS PHENOMENA 3 RECORDS REVIEW BOARD PERSONNEL. 4 (a) E XECUTIVE D IRECTOR .— 5 (1) A PPOINTMENT .—Not later than 45 days 6 after the date of the enactment of this Act, the 7 President shall appoint 1 citizen of the United 8 States, without regard to political affiliation, to the 9 position of Executive Director of the Review Board. 10 This position counts as 1 of the 9 Review Board 11 members under section ll 07(b)(1). 12 (2) Q UALIFICATIONS .—The person appointed as 13 Executive Director shall be a private citizen of integ- 14 rity and impartiality who— 15 (A) is a distinguished professional; and 16 (B) is not a present employee of the Fed- 17 eral Government; and 18 (C) has had no previous or current involve- 19 ment with any legacy program or controlling 20 authority relating to the collection, exploitation, 21 or reverse engineering of technologies of un- 22 known origin or the examination of biological 23 evidence of living or deceased non-human intel- 24 ligence. 25
43 BAG23A78 JDP S.L.C. (3) S ECURITY CLEARANCES .—(A) A candidate 1 for Executive Director shall be granted all the nec- 2 essary security clearances and accesses, including to 3 relevant Presidential and department or agency spe- 4 cial access and compartmented access programs in 5 an accelerated manner subject to the standard pro- 6 cedures for granting such clearances. 7 (B) A candidate shall qualify for the necessary 8 security clearances and accesses prior to being ap- 9 pointed by the President. 10 (4) F UNCTIONS .—The Executive Director 11 shall— 12 (A) serve as principal liaison to the Execu- 13 tive Office of the President and Congress; 14 (B) serve as Chairperson of the Review 15 Board; 16 (C) be responsible for the administration 17 and coordination of the Review Board’s review 18 of records; 19 (D) be responsible for the administration 20 of all official activities conducted by the Review 21 Board; 22 (E) exercise tie-breaking Review Board au- 23 thority to decide or determine whether any 24
44 BAG23A78 JDP S.L.C. record should be disclosed to the public or post- 1 poned for disclosure; and 2 (F) retain right-of-appeal directly to the 3 President for decisions pertaining to executive 4 branch unidentified anomalous phenomena 5 records for which the Executive Director and 6 Review Board members may disagree. 7 (5) R EMOVAL .—The Executive Director shall 8 not be removed for reasons other for cause on the 9 grounds of inefficiency, neglect of duty, malfeasance 10 in office, physical disability, mental incapacity, or 11 any other condition that substantially impairs the 12 performance of the responsibilities of the Executive 13 Director or the staff of the Review Board. 14 (b) S TAFF .— 15 (1) I N GENERAL .—The Review Board, without 16 regard to the civil service laws, may appoint and ter- 17 minate additional personnel as are necessary to en- 18 able the Review Board and its Executive Director to 19 perform the duties of the Review Board. 20 (2) Q UALIFICATIONS .—Except as provided in 21 subparagraph (B), a person appointed to the staff of 22 the Review Board shall be a citizen of integrity and 23 impartiality who has had no previous or current in- 24 volvement with any legacy program or controlling 25
45 BAG23A78 JDP S.L.C. authority relating to the collection, exploitation, or 1 reverse engineering of technologies of unknown ori- 2 gin or the examination of biological evidence of liv- 3 ing or deceased non-human intelligence. 4 (3) S ECURITY CLEARANCES .—(A) A candidate 5 for staff shall be granted the necessary security 6 clearances (including all necessary special access 7 program clearances) in an accelerated manner sub- 8 ject to the standard procedures for granting such 9 clearances. 10 (B)(i) The Review Board may offer conditional 11 employment to a candidate for a staff position pend- 12 ing the completion of security clearance background 13 investigations. During the pendency of such inves- 14 tigations, the Review Board shall ensure that any 15 such employee does not have access to, or responsi- 16 bility involving, classified or otherwise restricted un- 17 identified anomalous phenomena record materials. 18 (ii) If a person hired on a conditional basis 19 under clause (i) is denied or otherwise does not qual- 20 ify for all security clearances necessary to carry out 21 the responsibilities of the position for which condi- 22 tional employment has been offered, the Review 23 Board shall immediately terminate the person’s em- 24 ployment. 25
46 BAG23A78 JDP S.L.C. (4) S UPPORT FROM NATIONAL DECLASSIFICA - 1 TION CENTER .—The Archivist shall assign one rep- 2 resentative in full-time equivalent status from the 3 National Declassification Center to advise and sup- 4 port the Review Board disclosure postponement re- 5 view process in a non-voting staff capacity. 6 (c) C OMPENSATION .—Subject to such rules as may 7 be adopted by the Review Board, without regard to the 8 provisions of title 5, United States Code, governing ap- 9 pointments in the competitive service and without regard 10 to the provisions of chapter 51 and subchapter III of chap- 11 ter 53 of that title relating to classification and General 12 Schedule pay rates— 13 (1) the Executive Director shall be compensated 14 at a rate not to exceed the rate of basic pay for level 15 II of the Executive Schedule and shall serve the en- 16 tire tenure as one full-time equivalent; and 17 (2) the Executive Director shall appoint and fix 18 compensation of such other personnel as may be 19 necessary to carry out this title. 20 (d) A DVISORY C OMMITTEES .— 21 (1) A UTHORITY .—The Review Board may cre- 22 ate advisory committees to assist in fulfilling the re- 23 sponsibilities of the Review Board under this title. 24
47 BAG23A78 JDP S.L.C. (2) FACA.—Any advisory committee created by 1 the Review Board shall be subject to chapter 10 of 2 title 5, United States Code. 3 (e) S ECURITY C LEARANCE R EQUIRED .—An indi- 4 vidual employed in any position by the Review Board (in- 5 cluding an individual appointed as Executive Director) 6 shall be required to qualify for any necessary security 7 clearance prior to taking office in that position, but may 8 be employed conditionally in accordance with subsection 9 (b)(3)(B) before qualifying for that clearance. 10 SEC. ll 09. REVIEW OF RECORDS BY THE UNIDENTIFIED 11 ANOMALOUS PHENOMENA RECORDS REVIEW 12 BOARD. 13 (a) C USTODY OF R ECORDS R EVIEWED BY R EVIEW 14 B OARD .—Pending the outcome of a review of activity by 15 the Review Board, a Government office shall retain cus- 16 tody of its unidentified anomalous phenomena records for 17 purposes of preservation, security, and efficiency, unless— 18 (1) the Review Board requires the physical 19 transfer of records for reasons of conducting an 20 independent and impartial review; or 21 (2) such transfer is necessary for an adminis- 22 trative hearing or other official Review Board func- 23 tion. 24
48 BAG23A78 JDP S.L.C. (b) S TARTUP R EQUIREMENTS .—The Review Board 1 shall— 2 (1) not later than 90 days after the date of its 3 appointment, publish a schedule in the Federal Reg- 4 ister for review of all unidentified anomalous phe- 5 nomena records; 6 (2) not later than 180 days after the date of 7 the enactment of this Act, begin its review of un- 8 identified anomalous phenomena records under this 9 title; and 10 (3) periodically thereafter as warranted, but not 11 less frequently than semiannually, publish a revised 12 schedule in the Federal Register addressing the re- 13 view and inclusion of any unidentified anomalous 14 phenomena records subsequently discovered. 15 (c) D ETERMINATIONS OF THE R EVIEW B OARD .— 16 (1) I N GENERAL .—The Review Board shall di- 17 rect that all unidentified anomalous phenomena 18 records be transmitted to the Archivist and disclosed 19 to the public in the Collection in the absence of clear 20 and convincing evidence that— 21 (A) a Government record is not an uniden- 22 tified anomalous phenomena record; or 23 (B) a Government record, or particular in- 24 formation within an unidentified anomalous 25
49 BAG23A78 JDP S.L.C. phenomena record, qualifies for postponement 1 of public disclosure under this title. 2 (2) R EQUIREMENTS .—In approving postpone- 3 ment of public disclosure of a unidentified anoma- 4 lous phenomena record, the Review Board shall seek 5 to— 6 (A) provide for the disclosure of segregable 7 parts, substitutes, or summaries of such a 8 record; and 9 (B) determine, in consultation with the 10 originating body and consistent with the stand- 11 ards for postponement under this title, which of 12 the following alternative forms of disclosure 13 shall be made by the originating body: 14 (i) Any reasonably segregable par- 15 ticular information in a unidentified anom- 16 alous phenomena record. 17 (ii) A substitute record for that infor- 18 mation which is postponed. 19 (iii) A summary of a unidentified 20 anomalous phenomena record. 21 (3) C ONTROLLED DISCLOSURE CAMPAIGN 22 PLAN .—With respect to unidentified anomalous phe- 23 nomena records, particular information in unidenti- 24 fied anomalous phenomena records, recovered tech- 25
50 BAG23A78 JDP S.L.C. nologies of unknown origin, and biological evidence 1 for non-human intelligence the public disclosure of 2 which is postponed pursuant to section ll 06, or 3 for which only substitutions or summaries have been 4 disclosed to the public, the Review Board shall cre- 5 ate and transmit to the President and to the Archi- 6 vist a Controlled Disclosure Campaign Plan, with 7 classified appendix, containing— 8 (A) a description of actions by the Review 9 Board, the originating body, the President, or 10 any Government office (including a justification 11 of any such action to postpone disclosure of any 12 record or part of any record) and of any official 13 proceedings conducted by the Review Board 14 with regard to specific unidentified anomalous 15 phenomena records; and 16 (B) a benchmark-driven plan, based upon 17 a review of the proceedings and in conformity 18 with the decisions reflected therein, recom- 19 mending precise requirements for periodic re- 20 view, downgrading, and declassification as well 21 as the exact time or specified occurrence fol- 22 lowing which each postponed item may be ap- 23 propriately disclosed to the public under this 24 title. 25
51 BAG23A78 JDP S.L.C. (4) N OTICE FOLLOWING REVIEW AND DETER - 1 MINATION .—(A) Following its review and a deter- 2 mination that a unidentified anomalous phenomena 3 record shall be publicly disclosed in the Collection or 4 postponed for disclosure and held in the protected 5 Collection, the Review Board shall notify the head of 6 the originating body of the determination of the Re- 7 view Board and publish a copy of the determination 8 in the Federal Register within 14 days after the de- 9 termination is made. 10 (B) Contemporaneous notice shall be made to 11 the President for Review Board determinations re- 12 garding unidentified anomalous phenomena records 13 of the executive branch of the Federal Government, 14 and to the oversight committees designated in this 15 title in the case of records of the legislative branch 16 of the Federal Government. Such notice shall con- 17 tain a written unclassified justification for public 18 disclosure or postponement of disclosure, including 19 an explanation of the application of any standards 20 contained in section ll 06. 21 (d) P RESIDENTIAL A UTHORITY O VER R EVIEW 22 B OARD D ETERMINATION .— 23 (1) P UBLIC DISCLOSURE OR POSTPONEMENT 24 OF DISCLOSURE .—After the Review Board has made 25
52 BAG23A78 JDP S.L.C. a formal determination concerning the public disclo- 1 sure or postponement of disclosure of an unidenti- 2 fied anomalous phenomena record of the executive 3 branch of the Federal Government or information 4 within such a record, or of any information con- 5 tained in a unidentified anomalous phenomena 6 record, obtained or developed solely within the exec- 7 utive branch of the Federal Government, the Presi- 8 dent shall— 9 (A) have the sole and nondelegable author- 10 ity to require the disclosure or postponement of 11 such record or information under the standards 12 set forth in section ll 06; and 13 (B) provide the Review Board with both an 14 unclassified and classified written certification 15 specifying the President’s decision within 30 16 days after the Review Board’s determination 17 and notice to the executive branch agency as re- 18 quired under this title, stating the justification 19 for the President’s decision, including the appli- 20 cable grounds for postponement under section 21 ll 06, accompanied by a copy of the identi- 22 fication aid required under section ll 04. 23 (2) P ERIODIC REVIEW .—(A) Any unidentified 24 anomalous phenomena record postponed by the 25
53 BAG23A78 JDP S.L.C. President shall henceforth be subject to the require- 1 ments of periodic review, downgrading, declassifica- 2 tion, and public disclosure in accordance with the 3 recommended timeline and associated requirements 4 specified in the Controlled Disclosure Campaign 5 Plan unless these conflict with the standards set 6 forth in section ll 06. 7 (B) This paragraph supersedes all prior declas- 8 sification review standards that may previously have 9 been deemed applicable to unidentified anomalous 10 phenomena records. 11 (3) R ECORD OF PRESIDENTIAL POSTPONE - 12 MENT .—The Review Board shall, upon its receipt— 13 (A) publish in the Federal Register a copy 14 of any unclassified written certification, state- 15 ment, and other materials transmitted by or on 16 behalf of the President with regard to postpone- 17 ment of unidentified anomalous phenomena 18 records; and 19 (B) revise or amend recommendations in 20 the Controlled Disclosure Campaign Plan ac- 21 cordingly. 22 (e) N OTICE TO P UBLIC .—Every 30 calendar days, be- 23 ginning on the date that is 60 calendar days after the date 24 on which the Review Board first approves the postpone- 25
54 BAG23A78 JDP S.L.C. ment of disclosure of a unidentified anomalous phenomena 1 record, the Review Board shall publish in the Federal Reg- 2 ister a notice that summarizes the postponements ap- 3 proved by the Review Board or initiated by the President, 4 the Senate, or the House of Representatives, including a 5 description of the subject, originating agency, length or 6 other physical description, and each ground for postpone- 7 ment that is relied upon to the maximum extent classifica- 8 tion restrictions permitting. 9 (f) R EPORTS BY THE R EVIEW B OARD .— 10 (1) I N GENERAL .—The Review Board shall re- 11 port its activities to the leadership of Congress, the 12 Committee on Homeland Security and Governmental 13 Affairs of the Senate, the Committee on Oversight 14 and Reform of the House of Representatives, the 15 President, the Archivist, and the head of any Gov- 16 ernment office whose records have been the subject 17 of Review Board activity. 18 (2) F IRST REPORT .—The first report shall be 19 issued on the date that is 1 year after the date of 20 enactment of this Act, and subsequent reports every 21 1 year thereafter until termination of the Review 22 Board. 23 (3) C ONTENTS .—A report under paragraph (1) 24 shall include the following information: 25
55 BAG23A78 JDP S.L.C. (A) A financial report of the expenses for 1 all official activities and requirements of the 2 Review Board and its personnel. 3 (B) The progress made on review, trans- 4 mission to the Archivist, and public disclosure 5 of unidentified anomalous phenomena records. 6 (C) The estimated time and volume of un- 7 identified anomalous phenomena records in- 8 volved in the completion of the Review Board’s 9 performance under this title. 10 (D) Any special problems, including re- 11 quests and the level of cooperation of Govern- 12 ment offices, with regard to the ability of the 13 Review Board to operate as required by this 14 title. 15 (E) A record of review activities, including 16 a record of postponement decisions by the Re- 17 view Board or other related actions authorized 18 by this title, and a record of the volume of 19 records reviewed and postponed. 20 (F) Suggestions and requests to Congress 21 for additional legislative authority needs. 22 (4) C OPIES AND BRIEFS .—Coincident with the 23 reporting requirements in paragraph (2), or more 24 frequently as warranted by new information, the Re- 25
56 BAG23A78 JDP S.L.C. view Board shall provide copies to, and fully brief, 1 at a minimum the President, the Archivist, leader- 2 ship of Congress, and the Chairs and Chairmen, as 3 the case may be, and Ranking Members and Vice 4 Chairmen, as the case may be, of such other com- 5 mittees as leadership of Congress determines appro- 6 priate on the Controlled Disclosure Campaign Plan, 7 classified appendix, and postponed disclosures, spe- 8 cifically addressing— 9 (A) recommendations for periodic review, 10 downgrading, and declassification as well as the 11 exact time or specified occurrence following 12 which specific unidentified anomalous phe- 13 nomena records and material may be appro- 14 priately disclosed; 15 (B) the rationale behind each postpone- 16 ment determination and the recommended 17 means to achieve disclosure of each postponed 18 item; 19 (C) any other findings that the Review 20 Board chooses to offer; and 21 (D) an addendum containing copies of re- 22 ports of postponed records to the Archivist re- 23 quired under subsection (c)(3) made since the 24
57 BAG23A78 JDP S.L.C. date of the preceding report under this sub- 1 section. 2 (5) N OTICE .—At least 90 calendar days before 3 completing its work, the Review Board shall provide 4 written notice to the President and Congress of its 5 intention to terminate its operations at a specified 6 date. 7 (6) B RIEFING THE ALL - DOMAIN ANOMALY RES - 8 OLUTION OFFICE .—Coincident with the provision in 9 paragraph (5), if not accomplished earlier under 10 paragraph (4), the Review Board shall brief the All- 11 domain Anomaly Resolution Office established pur- 12 suant to section 1683 of the National Defense Au- 13 thorization Act for Fiscal Year 2022 (50 U.S.C. 14 3373), or its successor, as subsequently designated 15 by Act of Congress, on the Controlled Disclosure 16 Campaign Plan, classified appendix, and postponed 17 disclosures. 18 SEC. ll 10. DISCLOSURE OF RECOVERED TECHNOLOGIES 19 OF UNKNOWN ORIGIN AND BIOLOGICAL EVI- 20 DENCE OF NON-HUMAN INTELLIGENCE. 21 (a) E XERCISE OF E MINENT D OMAIN .—The Federal 22 Government shall exercise eminent domain over any and 23 all recovered technologies of unknown origin and biological 24 evidence of non-human intelligence that may be controlled 25
58 BAG23A78 JDP S.L.C. by private persons or entities in the interests of the public 1 good. 2 (b) A VAILABILITY TO R EVIEW B OARD .—Any and all 3 such material, should it exist, shall be made available to 4 the Review Board for personal examination and subse- 5 quent disclosure determination at a location suitable to the 6 controlling authority of said material and in a timely man- 7 ner conducive to the objectives of the Review Board in ac- 8 cordance with the requirements of this title. 9 (c) A CTIONS OF R EVIEW B OARD .—In carrying out 10 subsection (b), the Review Board shall consider and render 11 decisions— 12 (1) whether the material examined constitutes 13 technologies of unknown origin or biological evidence 14 of non-human intelligence beyond a reasonable 15 doubt; 16 (2) whether recovered technologies of unknown 17 origin, biological evidence of non-human intelligence, 18 or a particular subset of material qualifies for post- 19 ponement of disclosure under this title; and 20 (3) what changes, if any, to the current disposi- 21 tion of said material should the Federal Government 22 make to facilitate full disclosure. 23 (d) R EVIEW B OARD A CCESS TO T ESTIMONY AND 24 W ITNESSES .—The Review Board shall have access to all 25
59 BAG23A78 JDP S.L.C. testimony from unidentified anomalous phenomena wit- 1 nesses, close observers and legacy program personnel and 2 whistleblowers within the Federal Government’s posses- 3 sion as of and after the date of the enactment of this Act 4 in furtherance of Review Board disclosure determination 5 responsibilities in section ll 07(h) and subsection (c) of 6 this section. 7 (e) S OLICITATION OF A DDITIONAL W ITNESSES .— 8 The Review Board shall solicit additional unidentified 9 anomalous phenomena witness and whistleblower testi- 10 mony and afford protections under section 1673(b) of the 11 James M. Inhofe National Defense Authorization Act for 12 Fiscal Year 2023 (50 U.S.C. 3373b(b)) if deemed bene- 13 ficial in fulfilling Review Board responsibilities under this 14 title. 15 SEC. ll 11. DISCLOSURE OF OTHER MATERIALS AND ADDI- 16 TIONAL STUDY. 17 (a) M ATERIALS U NDER S EAL OF C OURT .— 18 (1) I NFORMATION HELD UNDER SEAL OF A 19 COURT .—The Review Board may request the Attor- 20 ney General to petition any court in the United 21 States or abroad to release any information relevant 22 to unidentified anomalous phenomena, technologies 23 of unknown origin, or non-human intelligence that is 24 held under seal of the court. 25
60 BAG23A78 JDP S.L.C. (2) I NFORMATION HELD UNDER INJUNCTION 1 OF SECRETARY OF GRAND JURY .—(A) The Review 2 Board may request the Attorney General to petition 3 any court in the United States to release any infor- 4 mation relevant to unidentified anomalous phe- 5 nomena, technologies of unknown origin, or non- 6 human intelligence that is held under the injunction 7 of secrecy of a grand jury. 8 (B) A request for disclosure of unidentified 9 anomalous phenomena, technologies of unknown ori- 10 gin, and non-human intelligence materials under this 11 title shall be deemed to constitute a showing of par- 12 ticularized need under rule 6 of the Federal Rules 13 of Criminal Procedure. 14 (b) S ENSE OF C ONGRESS .—It is the sense of the 15 Congress that— 16 (1) the Attorney General should assist the Re- 17 view Board in good faith to unseal any records that 18 the Review Board determines to be relevant and held 19 under seal by a court or under the injunction of se- 20 crecy of a grand jury; 21 (2) the Secretary of State should contact any 22 foreign government that may hold material relevant 23 to unidentified anomalous phenomena, technologies 24
61 BAG23A78 JDP S.L.C. of unknown origin, or non-human intelligence and 1 seek disclosure of such material; and 2 (3) all heads of Executive agencies should co- 3 operate in full with the Review Board to seek the 4 disclosure of all material relevant to unidentified 5 anomalous phenomena, technologies of unknown ori- 6 gin, and non-human intelligence consistent with the 7 public interest. 8 SEC. ll 12. RULES OF CONSTRUCTION. 9 (a) P RECEDENCE O VER O THER L AW .—When this 10 title requires transmission of a record to the Archivist or 11 public disclosure, it shall take precedence over any other 12 provision of law (except section 6103 of the Internal Rev- 13 enue Code of 1986 specifying confidentiality and disclo- 14 sure of tax returns and tax return information), judicial 15 decision construing such provision of law, or common law 16 doctrine that would otherwise prohibit such transmission 17 or disclosure, with the exception of deeds governing access 18 to or transfer or release of gifts and donations of records 19 to the United States Government. 20 (b) F REEDOM OF I NFORMATION A CT .—Nothing in 21 this title shall be construed to eliminate or limit any right 22 to file requests with any executive agency or seek judicial 23 review of the decisions pursuant to section 552 of title 5, 24 United States Code. 25
62 BAG23A78 JDP S.L.C. (c) J UDICIAL R EVIEW .—Nothing in this title shall be 1 construed to preclude judicial review, under chapter 7 of 2 title 5, United States Code, of final actions taken or re- 3 quired to be taken under this title. 4 (d) E XISTING A UTHORITY .—Nothing in this title re- 5 vokes or limits the existing authority of the President, any 6 executive agency, the Senate, or the House of Representa- 7 tives, or any other entity of the Federal Government to 8 publicly disclose records in its possession. 9 (e) R ULES OF THE S ENATE AND H OUSE OF R EP - 10 RESENTATIVES .—To the extent that any provision of this 11 title establishes a procedure to be followed in the Senate 12 or the House of Representatives, such provision is adopt- 13 ed— 14 (1) as an exercise of the rulemaking power of 15 the Senate and House of Representatives, respec- 16 tively, and is deemed to be part of the rules of each 17 House, respectively, but applicable only with respect 18 to the procedure to be followed in that House, and 19 it supersedes other rules only to the extent that it 20 is inconsistent with such rules; and 21 (2) with full recognition of the constitutional 22 right of either House to change the rules (so far as 23 they relate to the procedure of that House) at any 24
63 BAG23A78 JDP S.L.C. time, in the same manner, and to the same extent 1 as in the case of any other rule of that House. 2 SEC. ll 13. TERMINATION OF EFFECT OF TITLE. 3 (a) P ROVISIONS P ERTAINING TO THE R EVIEW 4 B OARD .—The provisions of this title that pertain to the 5 appointment and operation of the Review Board shall 6 cease to be effective when the Review Board and the terms 7 of its members have terminated pursuant to section 8 ll 07(n). 9 (b) O THER P ROVISIONS .—(1) The remaining provi- 10 sions of this title shall continue in effect until such time 11 as the Archivist certifies to the President and Congress 12 that all unidentified anomalous phenomena records have 13 been made available to the public in accordance with this 14 title. 15 (2) In facilitation of the provision in paragraph (1), 16 the All-domain Anomaly Resolution Office established pur- 17 suant to section 1683 of the National Defense Authoriza- 18 tion Act for Fiscal Year 2022 (50 U.S.C. 3373), or its 19 successor as subsequently designated by Act of Congress, 20 shall develop standardized unidentified anomalous phe- 21 nomena declassification guidance applicable to any and all 22 unidentified anomalous phenomena records generated by 23 originating bodies subsequent to termination of the Review 24 Board consistent with the requirements and intent of the 25
64 BAG23A78 JDP S.L.C. Controlled Disclosure Campaign Plan with respect to un- 1 identified anomalous phenomena records originated prior 2 to Review Board termination. 3 SEC. ll 14. AUTHORIZATION OF APPROPRIATIONS. 4 (a) I N G ENERAL .—There is authorized to be appro- 5 priated to carry out the provisions of this title 6 $20,000,000 for fiscal year 2024. 7 (b) I NTERIM F UNDING .—Until such time as funds 8 are appropriated pursuant to subsection (a), the President 9 may use such sums as are available for discretionary use 10 to carry out this title. 11 SEC. ll 15. SEVERABILITY. 12 If any provision of this title or the application thereof 13 to any person or circumstance is held invalid, the remain- 14 der of this title and the application of that provision to 15 other persons not similarly situated or to other cir- 16 cumstances shall not be affected by the invalidation. 17