July 18, 2023 CONGRESSIONAL RECORD—SENATE S3009 date on which the Federal Acquisition Regu- SEC. ll02. FINDINGS, DECLARATIONS, AND PUR- (5) CONTROLLING AUTHORITY.—The term latory Council amends the Federal Acquisi- POSES. ‘‘controlling authority’’ means any Federal, tion Regulation pursuant to such section, (a) FINDINGS AND DECLARATIONS.—Congress State, or local government department, of- the head of the executive agency shall termi- finds and declares the following: fice, agency, committee, commission, com- nate the contract with the consulting firm (1) All Federal Government records related mercial company, academic institution, or and consider suspending or debarring the to unidentified anomalous phenomena private sector entity in physical possession firm from eligibility for future Federal con- should be preserved and centralized for his- of technologies of unknown origin or biologi- tracts in accordance with subpart 9.4 of the torical and Federal Government purposes. cal evidence of non-human intelligence. Federal Acquisition Regulation. (2) All Federal Government records con- (6) DIRECTOR.—The term ‘‘Director’’ means (b) FALSE CLAIMS ACT.—A consulting firm cerning unidentified anomalous phenomena the Director of the Office of Government described in section 873 that, for the pur- should carry a presumption of immediate Ethics. poses of the False Claims Act, intentionally disclosure and all records should be eventu- (7) EXECUTIVE AGENCY.—The term ‘‘Execu- hides or misrepresents one or more contracts ally disclosed to enable the public to become tive agency’’ means an Executive agency, as with covered foreign entities shall be subject fully informed about the history of the Fed- defined in subsection 552(f) of title 5, United to the penalties and corrective actions de- eral Government’s knowledge and involve- States Code. scribed in the False Claims Act, including li- ment surrounding unidentified anomalous (8) GOVERNMENT OFFICE.—The term ‘‘Gov- ability for three times the amount of dam- phenomena. ernment office’’ means any department, of- ages which the United States Government (3) Legislation is necessary to create an en- fice, agency, committee, or commission of sustains, including funds or other resources forceable, independent, and accountable the Federal Government and any inde- expended on or in support of the solicitation, process for the public disclosure of such pendent office or agency without exception selection, and performance of such contracts. records. that has possession or control, including via (4) Legislation is necessary because cred- contract or other agreement, of unidentified SEC. 875. DEFINITIONS. ible evidence and testimony indicates that anomalous phenomena records. In this subtitle: Federal Government unidentified anomalous (9) IDENTIFICATION AID.—The term ‘‘identi- (1) COVERED FOREIGN ENTITY.—The term phenomena records exist that have not been fication aid’’ means the written description ‘‘covered foreign entity’’ means— declassified or subject to mandatory declas- prepared for each record, as required in sec- (A) a person, business trust, business asso- sification review as set forth in Executive tion ll04. ciation, company, institution, government Order 13526 (50 U.S.C. 3161 note; relating to (10) LEADERSHIP OF CONGRESS.—The term agency, university, partnership, limited li- classified national security information) due ‘‘leadership of Congress’’ means— ability company, corporation, or any other in part to exemptions under the Atomic En- (A) the majority leader of the Senate; individual or organization that can legally ergy Act of 1954 (42 U.S.C. 2011 et seq.), as (B) the minority leader of the Senate; enter into contracts, own properties, or pay well as an over-broad interpretation of (C) the Speaker of the House of Represent- taxes on behalf of, the Government of the ‘‘transclassified foreign nuclear informa- atives; and People’s Republic of China; tion’’, which is also exempt from mandatory (D) the minority leader of the House of (B) the Chinese Communist Party; declassification, thereby preventing public Representatives. (C) the People’s Republic of China’s United disclosure under existing provisions of law. (11) LEGACY PROGRAM.—The term ‘‘legacy Front; (5) Legislation is necessary because section program’’ means all Federal, State, and local (D) an entity owned or controlled by, or 552 of title 5, United States Code (commonly government, commercial industry, academic, that performs activities on behalf of, a per- referred to as the ‘‘Freedom of Information and private sector endeavors to collect, ex- son or entity described in subparagraph (A), Act’’), as implemented by the Executive ploit, or reverse engineer technologies of un- (B), or (C); and branch of the Federal Government, has prov- known origin or examine biological evidence (E) an individual that is a member of the en inadequate in achieving the timely public of living or deceased non-human intelligence board of directors, an executive officer, or a disclosure of Government unidentified anom- that pre-dates the date of the enactment of senior official of an entity described in sub- alous phenomena records that are subject to this Act. paragraph (A), (B), (C), or (D). mandatory declassification review. (12) NATIONAL ARCHIVES.—The term ‘‘Na- (2) EXECUTIVE AGENCY.—The term ‘‘execu- (6) Legislation is necessary to restore prop- tional Archives’’ means the National Ar- tive agency’’ has the meaning given the term er oversight over unidentified anomalous chives and Records Administration and all in section 133 of title 41, United States Code. phenomena records by elected officials in components thereof, including presidential (3) FALSE CLAIMS ACT.—The term ‘‘False both the executive and legislative branches archival depositories established under sec- Claims Act’’ means sections 3729 through of the Federal Government that has other- tion 2112 of title 44, United States Code. 3733 of title 31, United States Code wise been lacking as of the enactment of this (13) NON-HUMAN INTELLIGENCE.—The term (4) NORTH AMERICAN INDUSTRY CLASSIFICA- Act. ‘‘non-human intelligence’’ means any sen- TION SYSTEM’S INDUSTRY GROUP CODE 5416.— (7) Legislation is necessary to afford com- tient intelligent non-human lifeform regard- The term ‘‘North American Industry Classi- plete and timely access to all knowledge less of nature or ultimate origin that may be fication System’s Industry Group code 5416’’ gained by the Federal Government con- presumed responsible for unidentified anom- refers to the North American Industry Clas- cerning unidentified anomalous phenomena alous phenomena or of which the Federal sification System category that covers Man- in furtherance of comprehensive open sci- Government has become aware. agement, Scientific, and Technical Con- entific and technological research and devel- (14) ORIGINATING BODY.—The term ‘‘origi- sulting Services as Industry Group code 5416, opment essential to avoiding or mitigating nating body’’ means the Executive agency, including industry codes 54151, 541611, 541612, potential technological surprise in further- Federal Government commission, committee 541613, 541614, 541618, 54162, 541620, 54169, ance of urgent national security concerns of Congress, or other Governmental entity 541690. and the public interest. that created a record or particular informa- (b) PURPOSES.—The purposes of this title tion within a record. SA 836. Mr. SCHUMER (for himself, are— (15) PROSAIC ATTRIBUTION.—The term ‘‘pro- Mr. ROUNDS, Mr. RUBIO, Mrs. GILLI- (1) to provide for the creation of the un- saic attribution’’ means having a human (ei- identified anomalous phenomena Records ther foreign or domestic) origin and oper- BRAND, Mr. YOUNG, and Mr. HEINRICH) Collection at the National Archives and ating according to current, proven, and gen- submitted an amendment intended to Records Administration; and erally understood scientific and engineering be proposed by him to the bill S. 2226, (2) to require the expeditious public trans- principles and established laws-of-nature and to authorize appropriations for fiscal mission to the Archivist and public disclo- not attributable to non-human intelligence. year 2024 for military activities of the sure of such records. (16) PUBLIC INTEREST.—The term ‘‘public Department of Defense, for military SEC. ll03. DEFINITIONS. interest’’ means the compelling interest in construction, and for defense activities In this title: the prompt public disclosure of unidentified of the Department of Energy, to pre- (1) ARCHIVIST.—The term ‘‘Archivist’’ anomalous phenomena records for historical means the Archivist of the United States. and Governmental purposes and for the pur- scribe military personnel strengths for (2) CLOSE OBSERVER.—The term ‘‘close ob- pose of fully informing the people of the such fiscal year, and for other pur- server’’ means anyone who has come into United States about the history of the Fed- poses; which was ordered to lie on the close proximity to unidentified anomalous eral Government’s knowledge and involve- table; as follows: phenomena or non-human intelligence. ment surrounding unidentified anomalous At the appropriate place, insert the fol- (3) COLLECTION.—The term ‘‘Collection’’ phenomena. lowing: means the Unidentified Anomalous Phe- (17) RECORD.—The term ‘‘record’’ includes nomena Records Collection established a book, paper, report, memorandum, direc- TITLE l—UNIDENTIFIED ANOMALOUS under section ll04. tive, email, text, or other form of commu- PHENOMENA DISCLOSURE (4) CONTROLLED DISCLOSURE CAMPAIGN nication, or map, photograph, sound or video SEC. ll01. SHORT TITLE. PLAN.—The term ‘‘Controlled Disclosure recording, machine-readable material, com- This title may be cited as the ‘‘Unidenti- Campaign Plan’’ means the Controlled Dis- puterized, digitized, or electronic informa- fied Anomalous Phenomena Disclosure Act closure Campaign Plan required by section tion, including intelligence, surveillance, re- of 2023’’ or the ‘‘UAP Disclosure Act of 2023’’. ll09(c)(3). connaissance, and target acquisition sensor VerDate Sep 11 2014 08:05 Jul 19, 2023 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JY6.052 S18JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd --- S3010 CONGRESSIONAL RECORD—SENATE July 18, 2023 data, regardless of the medium on which it is (23) UNIDENTIFIED ANOMALOUS PHENOMENA (D) The Archivist shall prepare and publish stored, or other documentary material, re- RECORD.—The term ‘‘unidentified anomalous a subject guidebook and index to the Collec- gardless of its physical form or characteris- phenomena record’’ means a record that is tion. tics. related to unidentified anomalous phe- (2) CONTENTS.—The Collection shall include (18) REVIEW BOARD.—The term ‘‘Review nomena, technologies of unknown origin, or the following: Board’’ means the Unidentified Anomalous non-human intelligence (and all equivalent (A) All unidentified anomalous phenomena Phenomena Records Review Board estab- subjects by any other name with the specific records, regardless of age or date of cre- lished by section ll07. and sole exclusion of temporarily non-attrib- ation— (19) TECHNOLOGIES OF UNKNOWN ORIGIN.— uted objects) that was created or made avail- (i) that have been transmitted to the Na- The term ‘‘technologies of unknown origin’’ able for use by, obtained by, or otherwise tional Archives or disclosed to the public in means any materials or meta-materials, came into the possession of— an unredacted form prior to the date of the ejecta, crash debris, mechanisms, machin- (A) the Executive Office of the President; enactment of this Act; ery, equipment, assemblies or sub-assem- (B) the Department of Defense and its pro- (ii) that are required to be transmitted to blies, engineering models or processes, dam- genitors, the Department of War and the De- the National Archives; and aged or intact aerospace vehicles, and dam- partment of the Navy; (iii) that the disclosure of which is post- aged or intact ocean-surface and undersea (C) the Department of the Army; poned under this Act. craft associated with unidentified anomalous (D) the Department of the Navy; (B) A central directory comprised of iden- phenomena or incorporating science and (E) the Department of the Air Force, spe- tification aids created for each record trans- technology that lacks prosaic attribution or cifically the Air Force Office of Special In- mitted to the Archivist under section ll05. known means of human manufacture. vestigations; (C) All Review Board records as required (20) TEMPORARILY NON-ATTRIBUTED OB- (F) the Department of Energy and its pro- by this Act. JECTS.— genitors, the Manhattan Project, the Atomic (b) DISCLOSURE OF RECORDS.—All unidenti- (A) IN GENERAL.—The term ‘‘temporarily Energy Commission, and the Energy Re- fied anomalous phenomena records trans- non-attributed objects’’ means the class of search and Development Administration; mitted to the National Archives for disclo- objects that temporarily resist prosaic attri- (G) the Office of the Director of National sure to the public shall— bution by the initial observer as a result of Intelligence; (1) be included in the Collection; and environmental or system limitations associ- (H) the Central Intelligence Agency and its (2) be available to the public— ated with the observation process that nev- progenitor, the Office of Strategic Services; (A) for inspection and copying at the Na- ertheless ultimately have an accepted (I) the National Reconnaissance Office; tional Archives within 30 days after their human origin or known physical cause. Al- (J) the Defense Intelligence Agency; transmission to the National Archives; and though some unidentified anomalous phe- (K) the National Security Agency; (B) digitally via the National Archives on- nomena may at first be interpreted as tem- (L) the National Geospatial-Intelligence line database within a reasonable amount of porarily non-attributed objects, they are not Agency; time not to exceed 180 days thereafter. temporarily non-attributed objects, and the (M) the National Aeronautics and Space (c) FEESFORCOPYING.— two categories are mutually exclusive. Administration: (1) INGENERAL.—The Archivist shall— (B) INCLUSION.—The term ‘‘temporarily (N) the Federal Bureau of Investigation; (A) charge fees for copying unidentified non-attributed objects’’ includes— (O) the Federal Aviation Administration; anomalous phenomena records; and (i) natural celestial, meteorological, and (P) the National Oceanic and Atmospheric (B) grant waivers of such fees pursuant to undersea weather phenomena; Administration; the standards established by section 552(a)(4) (ii) mundane human-made airborne ob- (Q) the Library of Congress; of title 5, United States Code. jects, clutter, and marine debris; (R) the National Archives and Records Ad- (2) AMOUNT OF FEES.—The amount of a fee charged by the Archivist pursuant to para- (iii) Federal, State, and local government, ministration; graph (1)(A) for the copying of an unidenti- commercial industry, academic, and private (S) any Presidential library; fied anomalous phenomena record shall be sector aerospace platforms; (T) any Executive agency; such amount as the Archivist determines ap- (iv) Federal, State, and local government, (U) any independent office or agency; propriate to cover the costs incurred by the commercial industry, academic, and private (V) any other department, office, agency, National Archives in making and providing sector ocean-surface and undersea vehicles; committee, or commission of the Federal such copy, except that in no case may the and Government; amount of the fee charged exceed the actual c n re y a ( ( c ’ t v 2 ’ o e 1 ) r d m ) k d T e n a a t H o h n I u w R a s n n D t i a d f A i o e s G G r n o e E i t i v n N i g f e C i n r t Y e n h d . s — m e y a s T e p t n n h e o o t m e s m s a s t e a g . e s l e r s o m n i u o c s n y ‘ ‘ p t o t h h h f i e a r n a d t n o o m a o r g t e i h e g n e n i a r - - m s p e i r e o ( e a r W n n f l o t ) r t , i m a h n o n a q f e f y t u d i c i p S r e w r y t , o o a a v r t g i k i e n d e , t o n e o d i r c n y l s , o u c u c c n o p a o i n p l d m n o e g e r m n o t c t v i t i t o i e f t o i r r e e n n e d a m , w s o s e a i i n r t n s h t t c o a o d m a n m e c a p F m e l a o e r i u o d t s r s - - - e i p n x r ( ( e p m d 1 s e ) ) e n a A U r k s v e D S i e s n E D d g I , i O T n a p F I c O n r u N o F d r t A U r p e L N e c r D d o t R S e v E b . d i — Q d y , U i T a n I t r h R g h c e E e h s M u i C N v E c o e N a h l d t T l e , c i S o c o d . n t — p i i g a y o i l . n t i A z s r e h c d a h , l i l a v n b e d e s Government agency. phenomena, technologies of unknown origin, made available to the public at the National (22) UNIDENTIFIED ANOMALOUS PHE- or non-human intelligence; and Archives and via the official National Ar- NOMENA.— (X) any private sector person or entity for- chives online database using appropriations (A) IN GENERAL.—The term ‘‘unidentified merly or currently under contract or some authorized, specified, and restricted for use anomalous phenomena’’ means any object other agreement with the Federal Govern- under the terms of this Act. o o p u e te ra r- t s i p n a g c e o , r t j h u e d g a e t d m o c s a p p h a e b r l e e , o o f c e o a p n e r s a u t r i f n a g c e i s n , ment. (2) SECURITY OF RECORDS.—The National or undersea lacking prosaic attribution due SEC. ll04. UNIDENTIFIED ANOMALOUS PHE- Security Program Office at the National Ar- to performance characteristics and prop- NOMENA RECORDS COLLECTION AT chives, in consultation with the National Ar- erties not previously known to be achievable THE NATIONAL ARCHIVES AND chives Information Security Oversight Of- RECORDS ADMINISTRATION. fice, shall establish a program to ensure the based upon commonly accepted physical security of the postponed unidentified anom- principles. Unidentified anomalous phe- (a) ESTABLISHMENT.— alous phenomena records in the protected, nomena are differentiated from both attrib- (1) INGENERAL.—(A) Not later than 60 days and yet-to-be disclosed or classified portion uted and temporarily non-attributed objects after the date of the enactment of this Act, of the Collection. by one or more of the following observables: the Archivist shall commence establishment (i) Instantaneous acceleration absent ap- of a collection of records in the National Ar- (e) OVERSIGHT.— parent inertia. chives to be known as the ‘‘Unidentified (1) SENATE.—The Committee on Homeland Security and Governmental Affairs of the (ii) Hypersonic velocity absent a thermal Anomalous Phenomena Records Collection’’. Senate shall have continuing legislative signature and sonic shockwave. (B) In carrying out subparagraph (A), the oversight jurisdiction in the Senate with re- (iii) Transmedium (such as space-to-ground Archivist shall ensure the physical integrity spect to the Collection. and air-to-undersea) travel. and original provenance (or if indeterminate, (iv) Positive lift contrary to known aero- the earliest historical owner) of all records (2) HOUSE OF REPRESENTATIVES.—The Com- mittee on Oversight and Accountability of dynamic principles. in the Collection. the House of Representatives shall have con- (v) Multispectral signature control. (C) The Collection shall consist of record tinuing legislative oversight jurisdiction in (vi) Physical or invasive biological effects copies of all Government, Government-pro- the House of Representatives with respect to to close observers and the environment. vided, or Government-funded records relat- the Collection. (B) INCLUSIONS.—The term ‘‘unidentified ing to unidentified anomalous phenomena, anomalous phenomena’’ includes what were technologies of unknown origin, and non- SEC. ll05. REVIEW, IDENTIFICATION, TRANS- MISSION TO THE NATIONAL AR- previously described as— human intelligence (or equivalent subjects CHIVES, AND PUBLIC DISCLOSURE (i) flying discs; by any other name with the specific and sole OF UNIDENTIFIED ANOMALOUS PHE- (ii) flying saucers; exclusion of temporarily non-attributed ob- NOMENA RECORDS BY GOVERN- (iii) unidentified aerial phenomena; jects), which shall be transmitted to the Na- MENT OFFICES. (iv) unidentified flying objects (UFOs); and tional Archives in accordance with section (a) IDENTIFICATION, ORGANIZATION, AND (v) unidentified submerged objects (USOs). 2107 of title 44, United States Code. PREPARATIONFORTRANSMISSION.— VerDate Sep 11 2014 08:05 Jul 19, 2023 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JY6.050 S18JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd July 18, 2023 CONGRESSIONAL RECORD—SENATE S3011 (1) IN GENERAL.—As soon as practicable (E) organize and make available to the Re- lous phenomena record and an electronic after the date of the enactment of this Act, view Board all unidentified anomalous phe- copy for each softcopy or digitized data un- each head of a Government office shall— nomena records identified under subpara- identified anomalous phenomena record the (A) identify and organize records in the graph (D) the public disclosure of, which in- identification aid describes; and possession of the Government office or under whole or in-part, may be postponed under (C) attach a printed copy to each physical the control of the Government office relat- this title; unidentified anomalous phenomena record, ing to unidentified anomalous phenomena; (F) organize and make available to the Re- and an electronic copy to each softcopy or and view Board any record concerning which the digitized data unidentified anomalous phe- (B) prepare such records for transmission office has any uncertainty as to whether the nomena record the identification aid de- to the Archivist for inclusion in the Collec- record is an unidentified anomalous phe- scribes, when transmitted to the Archivist. tion. nomena record governed by this title; (3) RECORDS OF THE NATIONAL ARCHIVES (2) PROHIBITIONS.—(A) No unidentified (G) give precedence of work to— THATAREPUBLICLYAVAILABLE.—Unidentified anomalous phenomena record shall be de- (i) the identification, review, and trans- anomalous phenomena records which are in stroyed, altered, or mutilated in any way. mission of unidentified anomalous phe- the possession of the National Archives on (B) No unidentified anomalous phenomena nomena records not already publicly avail- the date of the enactment of this Act, and record made available or disclosed to the able or disclosed as of the date of the enact- which have been publicly available in their public prior to the date of the enactment of ment of this Act; entirety without redaction, shall be made this Act may be withheld, redacted, post- (ii) the identification, review, and trans- available in the Collection without any addi- poned for public disclosure, or reclassified. mission of all records that most unambig- tional review by the Review Board or an- (C) No unidentified anomalous phenomena uously and definitively pertain to unidenti- other authorized office under this title, and record created by a person or entity outside fied anomalous phenomena, technologies of shall not be required to have such an identi- the Federal Government (excluding names or unknown origin, and non-human intel- fication aid unless required by the Archivist. identities consistent with the requirements ligence; (e) TRANSMISSION TO THE NATIONAL AR- of section ll06) shall be withheld, redacted, (iii) the identification, review, and trans- CHIVES.—Each head of a Government office postponed for public disclosure, or reclassi- mission of unidentified anomalous phe- shall— fied. nomena records that on the date of the en- (1) transmit to the Archivist, and make (b) CUSTODY OF UNIDENTIFIED ANOMALOUS actment of this Act are the subject of litiga- immediately available to the public, all un- PHENOMENARECORDSPENDINGREVIEW.—Dur- tion under section 552 of title 5, United identified anomalous phenomena records of ing the review by the heads of Government States Code; and the Government office that can be publicly offices under subsection (c) and pending re- (iv) the identification, review, and trans- disclosed, including those that are publicly view activity by the Review Board, each mission of unidentified anomalous phe- available on the date of the enactment of head of a Government office shall retain cus- nomena records with earliest provenance this Act, without any redaction, adjustment, tody of the unidentified anomalous phe- when not inconsistent with clauses (i) or withholding under the standards of this nomena records of the office for purposes of through (iii) and otherwise feasible; and title; and preservation, security, and efficiency, un- (H) make available to the Review Board (2) transmit to the Archivist upon approval less— any additional information and records that for postponement by the Review Board or (1) the Review Board requires the physical the Review Board has reason to believe the upon completion of other action authorized transfer of the records for purposes of con- Review Board requires for conducting a re- by this title, all unidentified anomalous phe- ducting an independent and impartial re- view under this title. nomena records of the Government office the view; (3) PRIORITY OF EXPEDITED REVIEW FOR DI- public disclosure of which has been post- (2) transfer is necessary for an administra- RECTORS OF CERTAIN ARCHIVAL DEPOSI- poned, in whole or in part, under the stand- tive hearing or other Review Board function; TORIES.—The Director of each archival de- ards of this title, to become part of the pro- or pository established under section 2112 of tected, yet-to-be disclosed, or classified por- (3) it is a third agency record described in title 44, United States Code, shall have as a tion of the Collection. subsection (c)(2)(C). priority the expedited review for public dis- (f) CUSTODY OF POSTPONED UNIDENTIFIED (c) REVIEW BY HEADS OF GOVERNMENT OF- closure of unidentified anomalous phe- ANOMALOUS PHENOMENA RECORDS.—An un- FICES.— nomena records in the possession and cus- identified anomalous phenomena record the (1) IN GENERAL.—Not later than 300 days tody of the depository, and shall make such public disclosure of which has been post- after the date of the enactment of this Act, records available to the Review Board as re- poned shall, pending transmission to the Ar- each head of a Government office shall re- quired by this title. chivist, be held for reasons of security and view, identify, and organize each unidenti- (d) IDENTIFICATIONAIDS.— preservation by the originating body until fied anomalous phenomena record in the cus- (1) INGENERAL.—(A) Not later than 45 days such time as the information security pro- tody or possession of the office for— after the date of the enactment of this Act, gram has been established at the National (A) disclosure to the public; the Archivist, in consultation with the heads Archives as required in section ll04(d)(2). (B) review by the Review Board; and of such Government offices as the Archivist (g) PERIODICREVIEWOFPOSTPONEDUNIDEN- (C) transmission to the Archivist. considers appropriate, shall prepare and TIFIEDANOMALOUSPHENOMENARECORDS.— (2) REQUIREMENTS.—In carrying out para- make available to all Government offices a (1) INGENERAL.—All postponed or redacted graph (1), the head of a Government office standard form of identification, or finding records shall be reviewed periodically by the shall— aid, for use with each unidentified anoma- originating agency and the Archivist con- (A) determine which of the records of the lous phenomena record subject to review sistent with the recommendations of the Re- office are unidentified anomalous phe- under this title whether in hardcopy (phys- view Board in the Controlled Disclosure nomena records; ical), softcopy (electronic), or digitized data Campaign Plan under section ll09(c)(3)(B). (B) determine which of the unidentified format as may be appropriate. (2) REQUIREMENTS.—(A) A periodic review anomalous phenomena records of the office (B) The Archivist shall ensure that the under paragraph (1) shall address the public have been officially disclosed or made pub- identification aid program is established in disclosure of additional unidentified anoma- licly available in a complete and unredacted such a manner as to result in the creation of lous phenomena records in the Collection form; a uniform system for cataloging and finding under the standards of this title. (C)(i) determine which of the unidentified every unidentified anomalous phenomena (B) All postponed unidentified anomalous anomalous phenomena records of the office, record subject to review under this title phenomena records determined to require or particular information contained in such where ever and how ever stored in hardcopy continued postponement shall require an un- a record, was created by a third agency or by (physical), softcopy (electronic), or digitized classified written description of the reason another Government office; and data format. for such continued postponement relevant to (ii) transmit to a third agency or other (2) REQUIREMENTS FOR GOVERNMENT OF- these specific records. Such description shall Government office those records, or par- FICES.—Upon completion of an identification be provided to the Archivist and published in ticular information contained in those aid using the standard form of identification the Federal Register upon determination. records, or complete and accurate copies prepared and made available under subpara- (C) The time and release requirements thereof; graph (A) of paragraph (1) for the program specified in the Controlled Disclosure Cam- (D)(i) determine whether the unidentified established pursuant to subparagraph (B) of paign Plan shall be revised or amended only anomalous phenomena records of the office such paragraph, the head of a Government if the Review Board is still in session and or particular information in unidentified office shall— concurs with the rationale for postponement, anomalous phenomena records of the office (A) attach a printed copy to each physical subject to the limitations in section are covered by the standards for postpone- unidentified anomalous phenomena record, ll09(d)(1). ment of public disclosure under this title; and an electronic copy to each softcopy or (D) The periodic review of postponed un- and digitized data unidentified anomalous phe- identified anomalous phenomena records (ii) specify on the identification aid re- nomena record, the identification aid de- shall serve to downgrade and declassify secu- quired by subsection (d) the applicable post- scribes; rity classified information. ponement provision contained in section (B) transmit to the Review Board a printed (E) Each unidentified anomalous phe- ll06; copy for each physical unidentified anoma- nomena record shall be publicly disclosed in VerDate Sep 11 2014 08:05 Jul 19, 2023 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JY6.050 S18JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd S3012 CONGRESSIONAL RECORD—SENATE July 18, 2023 full, and available in the Collection, not so harmful that it outweighs the public in- (iv) 1 economist; later than the date that is 25 years after the terest. (v) 1 professional historian; and date of the first creation of the record by the SEC. ll07. ESTABLISHMENT AND POWERS OF (vi) 1 sociologist. originating body, unless the President cer- THE UNIDENTIFIED ANOMALOUS (5) MANDATORY CONFLICTS OF INTEREST RE- tifies, as required by this title, that— PHENOMENA RECORDS REVIEW VIEW.— (i) continued postponement is made nec- BOARD. (A) IN GENERAL.—The Director shall con- essary by an identifiable harm to the mili- (a) ESTABLISHMENT.—There is established duct a review of each individual nominated as an independent agency a board to be tary defense, intelligence operations, law en- and appointed to the position of member of known as the ‘‘Unidentified Anomalous Phe- forcement, or conduct of foreign relations; the Review Board to ensure the member does nomena Records Review Board’’. and not have any conflict of interest during the (b) APPOINTMENT.— (ii) the identifiable harm is of such gravity term of the service of the member. (1) IN GENERAL.—The President, by and that it outweighs the public interest in dis- with the advice and consent of the Senate, (B) REPORTS.—During the course of the re- closure. view under subparagraph (A), if the Director shall appoint, without regard to political af- (h) REQUIREMENTS FOR EXECUTIVE AGEN- filiation, 9 citizens of the United States to becomes aware that the member being re- CIES.— serve as members of the Review Board to en- viewed possesses a conflict of interest to the (1) INGENERAL.—Executive agencies shall— sure and facilitate the review, transmission mission of the Review Board, the Director (A) transmit digital records electronically to the Archivist, and public disclosure of shall, not later than 30 days after the date on in accordance with section 2107 of title 44, government records relating to unidentified which the Director became aware of the con- United States Code; anomalous phenomena. flict of interest, submit to the Committee on (B) charge fees for copying unidentified (2) PERIOD FOR NOMINATIONS.—(A) The Homeland Security and Governmental Af- anomalous phenomena records; and President shall make nominations to the Re- fairs of the Senate and the Committee on (C) grant waivers of such fees pursuant to view Board not later than 90 calendar days Oversight and Accountability of the House of the standards established by section 552(a)(4) after the date of the enactment of this Act. Representatives a report on the conflict of of title 5, United States Code. (B) If the Senate votes not to confirm a interest. (2) AMOUNT OF FEES.—The amount of a fee nomination to the Review Board, the Presi- (c) SECURITYCLEARANCES.— charged by the head of an Executive agency dent shall make an additional nomination (1) IN GENERAL.—All Review Board nomi- pursuant to paragraph (1)(B) for the copying not later than 30 days thereafter. nees shall be granted the necessary security of an unidentified anomalous phenomena (3) CONSIDERATION OF RECOMMENDATIONS.— clearances and accesses, including any and record shall be such amount as the head de- (A) The President shall make nominations to all relevant Presidential, departmental, and termines appropriate to cover the costs in- the Review Board after considering persons agency special access programs, in an accel- curred by the Executive agency in making recommended by the following: erated manner subject to the standard proce- and providing such copy, except that in no (i) The majority leader of the Senate. dures for granting such clearances. case may the amount of the fee charged ex- (ii) The minority leader of the Senate. (2) QUALIFICATION FOR NOMINEES.—All ceed the actual expenses incurred by the Ex- (iii) The Speaker of the House of Rep- nominees for appointment to the Review ecutive agency in making and providing such resentatives. Board under subsection (b) shall qualify for copy. (iv) The minority leader of the House of the necessary security clearances and ac- SEC. ll06. GROUNDS FOR POSTPONEMENT OF Representatives. cesses prior to being considered for con- PUBLIC DISCLOSURE OF UNIDENTI- (v) The Secretary of Defense. firmation by the Committee on Homeland FIED ANOMALOUS PHENOMENA (vi) The National Academy of Sciences. Security and Governmental Affairs of the RECORDS. (vii) Established nonprofit research organi- Senate. Disclosure of unidentified anomalous phe- zations relating to unidentified anomalous (d) CONSIDERATION BY THE SENATE.—Nomi- nomena records or particular information in phenomena. nations for appointment under subsection (b) unidentified anomalous phenomena records (viii) The American Historical Association. shall be referred to the Committee on Home- to the public may be postponed subject to (ix) Such other persons and organizations land Security and Governmental Affairs of the limitations of this title if there is clear as the President considers appropriate. the Senate for consideration. and convincing evidence that— (B) If an individual or organization de- (1) the threat to the military defense, in- scribed in subparagraph (A) does not rec- (e) VACANCY.—A vacancy on the Review telligence operations, or conduct of foreign ommend at least 2 nominees meeting the Board shall be filled in the same manner as relations of the United States posed by the qualifications stated in paragraph (5) by the specified for original appointment within 30 public disclosure of the unidentified anoma- date that is 45 days after the date of the en- days of the occurrence of the vacancy. lous phenomena record is of such gravity actment of this Act, the President shall con- (f) REMOVALOFREVIEWBOARDMEMBER.— that it outweighs the public interest in dis- sider for nomination the persons rec- (1) INGENERAL.—No member of the Review closure, and such public disclosure would re- ommended by the other individuals and orga- Board shall be removed from office, other veal— nizations described in such subparagraph. than— (A) an intelligence agent whose identity (C) The President may request an indi- (A) by impeachment and conviction; or currently requires protection; vidual or organization described in subpara- (B) by the action of the President for inef- (B) an intelligence source or method which graph (A) to submit additional nominations. ficiency, neglect of duty, malfeasance in of- is currently utilized, or reasonably expected (4) QUALIFICATIONS.—Persons nominated to fice, physical disability, mental incapacity, to be utilized, by the Federal Government the Review Board— or any other condition that substantially and which has not been officially disclosed, (A) shall be impartial citizens, none of impairs the performance of the member’s du- the disclosure of which would interfere with whom shall have had any previous or current ties. the conduct of intelligence activities; or involvement with any legacy program or (2) NOTICEOFREMOVAL.—(A) If a member of (C) any other matter currently relating to controlling authority relating to the collec- the Review Board is removed from office, the military defense, intelligence operations, tion, exploitation, or reverse engineering of and that removal is by the President, not or conduct of foreign relations of the United technologies of unknown origin or the exam- later than 10 days after the removal, the States, the disclosure of which would demon- ination of biological evidence of living or de- President shall submit to the leadership of strably and substantially impair the na- ceased non-human intelligence; Congress, the Committee on Homeland Secu- tional security of the United States; (B) shall be distinguished persons of high rity and Governmental Affairs of the Senate (2) the public disclosure of the unidentified national professional reputation in their re- and the Committee on Oversight and Reform anomalous phenomena record would reveal spective fields who are capable of exercising of the House of Representatives a report the name or identity of a living person who the independent and objective judgment nec- specifying the facts found and the grounds provided confidential information to the essary to the fulfillment of their role in en- for the removal. Federal Government and would pose a sub- suring and facilitating the review, trans- (B) The President shall publish in the Fed- stantial risk of harm to that person; mission to the public, and public disclosure eral Register a report submitted under sub- (3) the public disclosure of the unidentified of records related to the government’s under- paragraph (A), except that the President anomalous phenomena record could reason- standing of, and activities associated with may, if necessary to protect the rights of a ably be expected to constitute an unwar- unidentified anomalous phenomena, tech- person named in the report or to prevent ranted invasion of personal privacy, and that nologies of unknown origin, and non-human undue interference with any pending pros- invasion of privacy is so substantial that it intelligence and who possess an appreciation ecution, postpone or refrain from publishing outweighs the public interest; or of the value of such material to the public, any or all of the report until the completion (4) the public disclosure of the unidentified scholars, and government; and of such pending cases or pursuant to privacy anomalous phenomena record would com- (C) shall include at least— protection requirements in law. promise the existence of an understanding of (i) 1 current or former national security of- (3) JUDICIAL REVIEW.—(A) A member of the confidentiality currently requiring protec- ficial; Review Board removed from office may ob- tion between a Federal Government agent (ii) 1 current or former foreign service offi- tain judicial review of the removal in a civil and a cooperating individual or a foreign cial; action commenced in the United States Dis- government, and public disclosure would be (iii) 1 scientist or engineer; trict Court for the District of Columbia. VerDate Sep 11 2014 08:05 Jul 19, 2023 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JY6.050 S18JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd July 18, 2023 CONGRESSIONAL RECORD—SENATE S3013 (B) The member may be reinstated or (H) use the United States mails in the United States, without regard to political af- granted other appropriate relief by order of same manner and under the same conditions filiation, to the position of Executive Direc- the court. as other Executive agencies. tor of the Review Board. This position (g) COMPENSATIONOFMEMBERS.— po ( e 2 n ) a E is N s F u O e R d C E u M nd E e N r T pa O r F agr S a U p B h P O ( E 1) N ( A C . ) — (i A ii) m su a b y - c u o n u d n e t r s s e a c s t i 1 o n o f l t l he 0 7 9 ( b R )( e 1 v ). i ew Board members (1) IN GENERAL.—A member of the Review be enforced by any appropriate Federal court (2) QUALIFICATIONS.—The person appointed Board, other than the Executive Director acting pursuant to a lawful request of the as Executive Director shall be a private cit- under section ll08(c)(1), shall be com- Review Board. izen of integrity and impartiality who— pensated at a rate equal to the daily equiva- (j) WITNESS IMMUNITY.—The Review Board (A) is a distinguished professional; and lent of the annual rate of basic pay pre- shall be considered to be an agency of the (B) is not a present employee of the Fed- scribed for level IV of the Executive Sched- United States for purposes of section 6001 of eral Government; and ule under section 5315 of title 5, United title 18, United States Code. Witnesses, close (C) has had no previous or current involve- States Code, for each day (including travel observers, and whistleblowers providing in- ment with any legacy program or controlling time) during which the member is engaged in formation directly to the Review Board shall authority relating to the collection, exploi- the performance of the duties of the Review also be afforded the protections provided to tation, or reverse engineering of tech- Board. such persons specified under section 1673(b) nologies of unknown origin or the examina- (2) TRAVEL EXPENSES.—A member of the of the James M. Inhofe National Defense Au- tion of biological evidence of living or de- Review Board shall be allowed reasonable thorization Act for Fiscal Year 2023 (50 ceased non-human intelligence. travel expenses, including per diem in lieu of U.S.C. 3373b(b)). (3) MANDATORY CONFLICTS OF INTEREST RE- subsistence, at rates for employees of agen- (k) OVERSIGHT.— VIEW.— cies under subchapter I of chapter 57 of title (1) SENATE.—The Committee on Homeland (A) IN GENERAL.—The Director shall con- 5, United States Code, while away from the Security and Governmental Affairs of the duct a review of each individual appointed to member’s home or regular place of business Senate shall have continuing legislative the position of Executive Director to ensure in the performance of services for the Review oversight jurisdiction in the Senate with re- the Executive Director does not have any Board. spect to the official conduct of the Review conflict of interest during the term of the (h) DUTIESOFTHEREVIEWBOARD.— Board and the disposition of postponed service of the Executive Director. (1) IN GENERAL.—The Review Board shall records after termination of the Review (B) REPORTS.—During the course of the re- consider and render decisions on a deter- Board, and shall have access to any records view under subparagraph (A), if the Director mination by a Government office to seek to held or created by the Review Board. becomes aware that the Executive Director postpone the disclosure of unidentified (2) HOUSE OF REPRESENTATIVES.—Unless possesses a conflict of interest to the mission anomalous phenomena records. otherwise determined appropriate by the of the Review Board, the Director shall, not (2) CONSIDERATIONSANDRENDERINGOFDECI- House of Representatives, the Committee on later than 30 days after the date on which SIONS.—In carrying out paragraph (1), the Oversight and Accountability of the House of the Director became aware of the conflict of Review Board shall consider and render deci- Representatives shall have continuing legis- interest, submit to the Committee on Home- sions— lative oversight jurisdiction in the House of land Security and Governmental Affairs of (A) whether a record constitutes a uniden- Representatives with respect to the official the Senate and the Committee on Oversight tified anomalous phenomena record; and conduct of the Review Board and the disposi- and Accountability of the House of Rep- (B) whether a unidentified anomalous phe- tion of postponed records after termination resentatives a report on the conflict of inter- nomena record or particular information in a of the Review Board, and shall have access to est. record qualifies for postponement of disclo- any records held or created by the Review (4) SECURITYCLEARANCES.—(A) A candidate sure under this title. Board. for Executive Director shall be granted all (i) POWERS.— sh ( a 3 l ) l D h U a T v Y e t T h O e C d O u O t P y E R t A o T c E o . o — p T er h a e t e R e w v i i t e h w t h B e o a e r x d - t c h es e s e n s e , ce in ss c a lu ry d in s g e cu t r o i ty re l c e l v e a a n ra t nc P e r s e s a id n e d n t a ia c- l (1) IN GENERAL.—The Review Board shall ercise of oversight jurisdiction described in and department or agency special access and have the authority to act in a manner pre- this subsection. compartmented access programs in an accel- s it c y ri — b ed under this title, including author- an ( d 4) R S a E n C k U i R n I g T Y Me C m LE b A e R rs A N o C f E t S h .— e T C h o e m m Ch it a t i e r e m o en n e d r u a r t e e s d f o m r a g n r n a e n r t i s n u g b j s e u c c t h t c o l e t a h r e a s n t c a e n s d . ard proce- (A) to direct Government offices to com- Homeland Security and Governmental Af- (B) A candidate shall qualify for the nec- plete identification aids and organize un- fairs of the Senate and the Committee on essary security clearances and accesses prior identified anomalous phenomena records; Oversight and Accountability of the House of to being appointed by the President. (B) to direct Government offices to trans- Representatives, and staff of such commit- (5) FUNCTIONS.—The Executive Director mit to the Archivist unidentified anomalous shall— tees designated by such Chairmen and Rank- phenomena records as required under this (A) serve as principal liaison to the Execu- ing Members, shall be granted all security title, including segregable portions of un- tive Office of the President and Congress; clearances and accesses held by the Review identified anomalous phenomena records and (B) serve as Chairperson of the Review Board, including to relevant Presidential and substitutes and summaries of unidentified Board; department or agency special access and anomalous phenomena records that can be (C) be responsible for the administration compartmented access programs. publicly disclosed to the fullest extent; (l) SUPPORT SERVICES.—The Administrator and coordination of the Review Board’s re- (C)(i) to obtain access to unidentified of the General Services Administration shall view of records; anomalous phenomena records that have provide administrative services for the Re- (D) be responsible for the administration of been identified and organized by a Govern- view Board on a reimbursable basis. all official activities conducted by the Re- ment office; (m) INTERPRETIVE REGULATIONS.—The Re- view Board; (ii) to direct a Government office to make view Board may issue interpretive regula- (E) exercise tie-breaking Review Board au- available to the Review Board, and if nec- tions. thority to decide or determine whether any essary investigate the facts surrounding, ad- (n) TERMINATIONANDWINDINGDOWN.— record should be disclosed to the public or ditional information, records, or testimony (1) INGENERAL.—The Review Board and the postponed for disclosure; and from individuals which the Review Board has terms of its members shall terminate not (F) retain right-of-appeal directly to the reason to believe are required to fulfill its later than September 30, 2030, unless ex- President for decisions pertaining to execu- functions and responsibilities under this tended by Congress. tive branch unidentified anomalous phe- title; and (2) REPORTS.—Upon its termination, the nomena records for which the Executive Di- (iii) request the Attorney General to sub- Review Board shall submit to the President rector and Review Board members may dis- poena private persons to compel testimony, and Congress reports, including a complete agree. records, and other information relevant to and accurate accounting of expenditures dur- (6) REMOVAL.—The Executive Director its responsibilities under this title; ing its existence and shall complete all other shall not be removed for reasons other for (D) require any Government office to ac- reporting requirements under this title. cause on the grounds of inefficiency, neglect count in writing for the destruction of any (3) TRANSFER OF RECORDS.—Upon termi- of duty, malfeasance in office, physical dis- records relating to unidentified anomalous nation and winding down, the Review Board ability, mental incapacity, or any other con- phenomena, technologies of unknown origin, shall transfer all of its records to the Archi- dition that substantially impairs the per- or non-human intelligence; vist for inclusion in the Collection, and no formance of the responsibilities of the Exec- (E) receive information from the public re- record of the Review Board shall be de- utive Director or the staff of the Review garding the identification and public disclo- stroyed. Board. sure of unidentified anomalous phenomena SEC. ll08. UNIDENTIFIED ANOMALOUS PHE- (b) STAFF.— records; NOMENA RECORDS REVIEW BOARD (1) IN GENERAL.—The Review Board, with- (F) hold hearings, administer oaths, and PERSONNEL. out regard to the civil service laws, may ap- subpoena witnesses and documents; (a) EXECUTIVEDIRECTOR.— point and terminate additional personnel as (G) use the Federal Acquisition Service in (1) APPOINTMENT.—Not later than 45 days are necessary to enable the Review Board the same manner and under the same condi- after the date of the enactment of this Act, and its Executive Director to perform the tions as other Executive agencies; and the President shall appoint 1 citizen of the duties of the Review Board. VerDate Sep 11 2014 08:05 Jul 19, 2023 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JY6.050 S18JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd S3014 CONGRESSIONAL RECORD—SENATE July 18, 2023 (2) QUALIFICATIONS.— quired to qualify for any necessary security Disclosure Campaign Plan, with classified (A) IN GENERAL.—Except as provided in clearance prior to taking office in that posi- appendix, containing— subparagraph (B), a person appointed to the tion, but may be employed conditionally in (A) a description of actions by the Review staff of the Review Board shall be a citizen of accordance with subsection (b)(3)(B) before Board, the originating body, the President, integrity and impartiality who has had no qualifying for that clearance. or any Government office (including a jus- previous or current involvement with any SEC. ll09. REVIEW OF RECORDS BY THE UN- tification of any such action to postpone dis- legacy program or controlling authority re- IDENTIFIED ANOMALOUS PHE- closure of any record or part of any record) lating to the collection, exploitation, or re- NOMENA RECORDS REVIEW BOARD. and of any official proceedings conducted by verse engineering of technologies of un- (a) CUSTODY OF RECORDS REVIEWED BY RE- the Review Board with regard to specific un- known origin or the examination of biologi- VIEW BOARD.—Pending the outcome of a re- identified anomalous phenomena records; cal evidence of living or deceased non-human view of activity by the Review Board, a Gov- and intelligence. ernment office shall retain custody of its un- (B) a benchmark-driven plan, based upon a (B) CONSULTATION WITH DIRECTOR OF THE identified anomalous phenomena records for review of the proceedings and in conformity OFFICEOFGOVERNMENTETHICS.—In their con- purposes of preservation, security, and effi- with the decisions reflected therein, recom- sideration of persons to be appointed as staff ciency, unless— mending precise requirements for periodic of the Review Board under paragraph (1), the (1) the Review Board requires the physical review, downgrading, and declassification as Review Board shall consult with the Direc- transfer of records for reasons of conducting well as the exact time or specified occur- tor— an independent and impartial review; or rence following which each postponed item (i) to determine criteria for possible con- (2) such transfer is necessary for an admin- may be appropriately disclosed to the public flicts of interest of staff of the Review Board, istrative hearing or other official Review under this title. consistent with ethics laws, statutes, and Board function. (4) NOTICE FOLLOWING REVIEW AND DETER- regulations for employees of the executive (b) STARTUP REQUIREMENTS.—The Review MINATION.—(A) Following its review and a de- branch of the Federal Government; and Board shall— termination that a unidentified anomalous (ii) ensure that no person selected for such (1) not later than 90 days after the date of phenomena record shall be publicly disclosed position of staff of the Review Board pos- its appointment, publish a schedule in the in the Collection or postponed for disclosure sesses a conflict of interests in accordance Federal Register for review of all unidenti- and held in the protected Collection, the Re- with the criteria determined pursuant to fied anomalous phenomena records; view Board shall notify the head of the origi- clause (i). (2) not later than 180 days after the date of nating body of the determination of the Re- (3) SECURITYCLEARANCES.—(A) A candidate the enactment of this Act, begin its review view Board and publish a copy of the deter- for staff shall be granted the necessary secu- of unidentified anomalous phenomena mination in the Federal Register within 14 rity clearances (including all necessary spe- records under this title; and days after the determination is made. cial access program clearances) in an accel- (3) periodically thereafter as warranted, (B) Contemporaneous notice shall be made erated manner subject to the standard proce- but not less frequently than semiannually, to the President for Review Board deter- dures for granting such clearances. publish a revised schedule in the Federal minations regarding unidentified anomalous (B)(i) The Review Board may offer condi- Register addressing the review and inclusion phenomena records of the executive branch tional employment to a candidate for a staff of any unidentified anomalous phenomena of the Federal Government, and to the over- position pending the completion of security records subsequently discovered. sight committees designated in this title in clearance background investigations. During (c) DETERMINATIONS OF THE REVIEW the case of records of the legislative branch the pendency of such investigations, the Re- BOARD.— of the Federal Government. Such notice view Board shall ensure that any such em- (1) IN GENERAL.—The Review Board shall shall contain a written unclassified justifica- ployee does not have access to, or responsi- direct that all unidentified anomalous phe- tion for public disclosure or postponement of bility involving, classified or otherwise re- nomena records be transmitted to the Archi- disclosure, including an explanation of the stricted unidentified anomalous phenomena vist and disclosed to the public in the Collec- application of any standards contained in record materials. tion in the absence of clear and convincing section ll06. (ii) If a person hired on a conditional basis evidence that— (d) PRESIDENTIAL AUTHORITY OVER REVIEW under clause (i) is denied or otherwise does (A) a Government record is not an uniden- BOARDDETERMINATION.— not qualify for all security clearances nec- tified anomalous phenomena record; or (1) PUBLICDISCLOSUREORPOSTPONEMENTOF essary to carry out the responsibilities of the (B) a Government record, or particular in- DISCLOSURE.—After the Review Board has position for which conditional employment formation within an unidentified anomalous made a formal determination concerning the has been offered, the Review Board shall im- phenomena record, qualifies for postpone- public disclosure or postponement of disclo- mediately terminate the person’s employ- ment of public disclosure under this title. sure of an unidentified anomalous phe- ment. (2) REQUIREMENTS.—In approving postpone- nomena record of the executive branch of the (4) SUPPORT FROM NATIONAL DECLASSIFICA- ment of public disclosure of a unidentified Federal Government or information within TIONCENTER.—The Archivist shall assign one anomalous phenomena record, the Review such a record, or of any information con- representative in full-time equivalent status Board shall seek to— tained in a unidentified anomalous phe- from the National Declassification Center to (A) provide for the disclosure of segregable nomena record, obtained or developed solely advise and support the Review Board disclo- parts, substitutes, or summaries of such a within the executive branch of the Federal sure postponement review process in a non- record; and Government, the President shall— voting staff capacity. (B) determine, in consultation with the (A) have the sole and nondelegable author- (c) COMPENSATION.—Subject to such rules originating body and consistent with the ity to require the disclosure or postpone- as may be adopted by the Review Board, standards for postponement under this title, ment of such record or information under without regard to the provisions of title 5, which of the following alternative forms of the standards set forth in section ll06; and United States Code, governing appointments in the competitive service and without re- disclosure shall be made by the originating (B) provide the Review Board with both an gard to the provisions of chapter 51 and sub- body: unclassified and classified written certifi- chapter III of chapter 53 of that title relating (i) Any reasonably segregable particular cation specifying the President’s decision to classification and General Schedule pay information in a unidentified anomalous within 30 days after the Review Board’s de- rates— phenomena record. termination and notice to the executive (1) the Executive Director shall be com- (ii) A substitute record for that informa- branch agency as required under this title, pensated at a rate not to exceed the rate of tion which is postponed. stating the justification for the President’s basic pay for level II of the Executive Sched- (iii) A summary of a unidentified anoma- decision, including the applicable grounds ule and shall serve the entire tenure as one lous phenomena record. for postponement under section ll06, ac- full-time equivalent; and (3) CONTROLLED DISCLOSURE CAMPAIGN companied by a copy of the identification aid (2) the Executive Director shall appoint PLAN.—With respect to unidentified anoma- required under section ll04. and fix compensation of such other personnel lous phenomena records, particular informa- (2) PERIODIC REVIEW.—(A) Any unidentified as may be necessary to carry out this title. tion in unidentified anomalous phenomena anomalous phenomena record postponed by (d) ADVISORYCOMMITTEES.— records, recovered technologies of unknown the President shall henceforth be subject to (1) AUTHORITY.—The Review Board may origin, and biological evidence for non- the requirements of periodic review, down- create advisory committees to assist in ful- human intelligence the public disclosure of grading, declassification, and public disclo- filling the responsibilities of the Review which is postponed pursuant to section sure in accordance with the recommended Board under this title. ll06, or for which only substitutions or timeline and associated requirements speci- (2) FACA.—Any advisory committee cre- summaries have been disclosed to the public, fied in the Controlled Disclosure Campaign ated by the Review Board shall be subject to the Review Board shall create and transmit Plan unless these conflict with the standards chapter 10 of title 5, United States Code. to the President, the Archivist, the Com- set forth in section ll06. (e) SECURITYCLEARANCEREQUIRED.—An in- mittee on Homeland Security and Govern- (B) This paragraph supersedes all prior de- dividual employed in any position by the Re- mental Affairs of the Senate, and the Com- classification review standards that may pre- view Board (including an individual ap- mittee on Oversight and Accountability of viously have been deemed applicable to un- pointed as Executive Director) shall be re- the House of Representatives a Controlled identified anomalous phenomena records. VerDate Sep 11 2014 08:05 Jul 19, 2023 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JY6.050 S18JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd July 18, 2023 CONGRESSIONAL RECORD—SENATE S3015 (3) RECORD OF PRESIDENTIAL POSTPONE- lowing which specific unidentified anoma- SEC. ll11. DISCLOSURE OF OTHER MATERIALS MENT.—The Review Board shall, upon its re- lous phenomena records and material may be AND ADDITIONAL STUDY. ceipt— appropriately disclosed; (a) MATERIALSUNDERSEALOFCOURT.— (A) publish in the Federal Register a copy (B) the rationale behind each postpone- (1) INFORMATION HELD UNDER SEAL OF A of any unclassified written certification, ment determination and the recommended COURT.—The Review Board may request the statement, and other materials transmitted means to achieve disclosure of each post- Attorney General to petition any court in by or on behalf of the President with regard poned item; the United States or abroad to release any to postponement of unidentified anomalous (C) any other findings that the Review information relevant to unidentified anoma- phenomena records; and Board chooses to offer; and lous phenomena, technologies of unknown (B) revise or amend recommendations in (D) an addendum containing copies of re- origin, or non-human intelligence that is the Controlled Disclosure Campaign Plan ac- ports of postponed records to the Archivist held under seal of the court. cordingly. required under subsection (c)(3) made since (2) INFORMATIONHELDUNDERINJUNCTIONOF (e) NOTICE TO PUBLIC.—Every 30 calendar the date of the preceding report under this SECRETARY OF GRAND JURY.—(A) The Review days, beginning on the date that is 60 cal- subsection. Board may request the Attorney General to endar days after the date on which the Re- (5) NOTICE.—At least 90 calendar days be- petition any court in the United States to view Board first approves the postponement fore completing its work, the Review Board release any information relevant to uniden- of disclosure of a unidentified anomalous shall provide written notice to the President tified anomalous phenomena, technologies of phenomena record, the Review Board shall and Congress of its intention to terminate unknown origin, or non-human intelligence publish in the Federal Register a notice that its operations at a specified date. that is held under the injunction of secrecy summarizes the postponements approved by (6) BRIEFINGTHEALL-DOMAINANOMALYRES- of a grand jury. the Review Board or initiated by the Presi- OLUTION OFFICE.—Coincident with the provi- (B) A request for disclosure of unidentified dent, the Senate, or the House of Represent- sion in paragraph (5), if not accomplished anomalous phenomena, technologies of un- atives, including a description of the subject, earlier under paragraph (4), the Review known origin, and non-human intelligence originating agency, length or other physical Board shall brief the All-domain Anomaly materials under this title shall be deemed to description, and each ground for postpone- Resolution Office established pursuant to constitute a showing of particularized need ment that is relied upon to the maximum ex- section 1683 of the National Defense Author- under rule 6 of the Federal Rules of Criminal r t e e ( ( p n f 1 o t ) ) r R c t I l E N a i P t s s O s G i R E a f T i N c c S t E a i R B t v A i Y i o t L n i T . e — H s r E e T t s R o h t e r E t i V h c R I e t E i e W o l v e n i a B e s d w O p e A e r R B s r h m D o i . a i p — t r t d o i f n s C g h . o a n ll - i 3 i z g 3 a 7 n 3 t a ) i t , o e n o d r A b i c t y t s A f s o u c r c t c F e o s i f s s c o C a r l , o n a Y g s e r a e s r s u s b , 2 s 0 e o 2 q 2 n u e (5 t n 0 h t e ly U . C S d o e . n C s- - . P th r ( e o b c ) C e o S d n E u g N r r e S e . E ss O t F ha C t O — NG RESS.—It is the sense of gress, the Committee on Homeland Security trolled Disclosure Campaign Plan, classified (1) the Attorney General should assist the and Governmental Affairs of the Senate, the appendix, and postponed disclosures. Review Board in good faith to unseal any records that the Review Board determines to Committee on Oversight and Reform of the SEC. ll10. DISCLOSURE OF RECOVERED TECH- be relevant and held under seal by a court or House of Representatives, the President, the NOLOGIES OF UNKNOWN ORIGIN under the injunction of secrecy of a grand Archivist, and the head of any Government AND BIOLOGICAL EVIDENCE OF office whose records have been the subject of NON-HUMAN INTELLIGENCE. jury; Review Board activity. (a) EXERCISE OF EMINENT DOMAIN.—The (2) the Secretary of State should contact iss (2 u ) e d F IR on ST t R h E e P O d R at T e .— t T h h at e f i i s r s 1 t y re e p a o r r t a f s t h e a r l l t h be e F do e m de a r i a n l G ov o e v r e rn a m ny e n a t n s d h a a l l l l ex re e c r o ci v s e e r e e d m i t n e e c n h t - a ri n a y l f r o e r l e e i v g a n n t g o t v o e u rn n m id e e n n t t i t f h ie a d t a m n a o y m h a o lo ld u s m p a h t e e - - date of enactment of this Act, and subse- nologies of unknown origin and biological nomena, technologies of unknown origin, or quent reports every 1 year thereafter until evidence of non-human intelligence that non-human intelligence and seek disclosure termination of the Review Board. may be controlled by private persons or enti- of such material; and (3) CONTENTS.—A report under paragraph ties in the interests of the public good. co ( o 3 p ) e a r l a l t e h e i a n d s fu o ll f w E i x t e h c u t t h i e v e R a e g v e ie n w ci e B s o s a h r o d u t ld o (1) shall include the following information: (b) AVAILABILITY TO REVIEW BOARD.—Any seek the disclosure of all material relevant (A) A financial report of the expenses for and all such material, should it exist, shall to unidentified anomalous phenomena, tech- all official activities and requirements of the be made available to the Review Board for nologies of unknown origin, and non-human Review Board and its personnel. personal examination and subsequent disclo- intelligence consistent with the public inter- (B) The progress made on review, trans- sure determination at a location suitable to est. mission to the Archivist, and public disclo- the controlling authority of said material sure of unidentified anomalous phenomena and in a timely manner conducive to the ob- SEC. ll12. RULES OF CONSTRUCTION. records. jectives of the Review Board in accordance (a) PRECEDENCE OVER OTHER LAW.—When (C) The estimated time and volume of un- with the requirements of this title. this title requires transmission of a record to the Archivist or public disclosure, it shall identified anomalous phenomena records in- (c) ACTIONSOFREVIEWBOARD.—In carrying take precedence over any other provision of volved in the completion of the Review out subsection (b), the Review Board shall law (except section 6103 of the Internal Rev- Board’s performance under this title. consider and render decisions— enue Code of 1986 specifying confidentiality (D) Any special problems, including re- (1) whether the material examined con- and disclosure of tax returns and tax return quests and the level of cooperation of Gov- stitutes technologies of unknown origin or information), judicial decision construing ernment offices, with regard to the ability of biological evidence of non-human intel- such provision of law, or common law doc- the Review Board to operate as required by ligence beyond a reasonable doubt; trine that would otherwise prohibit such this title. (2) whether recovered technologies of un- transmission or disclosure, with the excep- (E) A record of review activities, including known origin, biological evidence of non- tion of deeds governing access to or transfer a record of postponement decisions by the human intelligence, or a particular subset of or release of gifts and donations of records to Review Board or other related actions au- material qualifies for postponement of dis- the United States Government. thorized by this title, and a record of the vol- closure under this title; and (b) FREEDOM OF INFORMATION ACT.—Noth- ume of records reviewed and postponed. (3) what changes, if any, to the current dis- ing in this title shall be construed to elimi- (F) Suggestions and requests to Congress position of said material should the Federal nate or limit any right to file requests with for additional legislative authority needs. Government make to facilitate full disclo- any executive agency or seek judicial review (4) COPIES AND BRIEFS.—Coincident with sure. of the decisions pursuant to section 552 of the reporting requirements in paragraph (2), (d) REVIEW BOARD ACCESS TO TESTIMONY title 5, United States Code. or more frequently as warranted by new in- AND WITNESSES.—The Review Board shall (c) JUDICIALREVIEW.—Nothing in this title formation, the Review Board shall provide have access to all testimony from unidenti- shall be construed to preclude judicial re- copies to, and fully brief, at a minimum the fied anomalous phenomena witnesses, close view, under chapter 7 of title 5, United President, the Archivist, leadership of Con- observers and legacy program personnel and States Code, of final actions taken or re- gress, the Chairmen and Ranking Members whistleblowers within the Federal Govern- quired to be taken under this title. of the Committee on Homeland Security and ment’s possession as of and after the date of (d) EXISTING AUTHORITY.—Nothing in this Governmental Affairs of the Senate and the the enactment of this Act in furtherance of title revokes or limits the existing authority Committee on Oversight and Accountability Review Board disclosure determination re- of the President, any executive agency, the of the House of Representatives, and the sponsibilities in section ll07(h) and sub- Senate, or the House of Representatives, or Chairs and Chairmen, as the case may be, section (c) of this section. any other entity of the Federal Government and Ranking Members and Vice Chairmen, as (e) SOLICITATION OF ADDITIONAL WIT- to publicly disclose records in its possession. the case may be, of such other committees as NESSES.—The Review Board shall solicit ad- (e) RULES OF THE SENATE AND HOUSE OF leadership of Congress determines appro- ditional unidentified anomalous phenomena REPRESENTATIVES.—To the extent that any priate on the Controlled Disclosure Cam- witness and whistleblower testimony and af- provision of this title establishes a procedure paign Plan, classified appendix, and post- ford protections under section 1673(b) of the to be followed in the Senate or the House of poned disclosures, specifically addressing— James M. Inhofe National Defense Author- Representatives, such provision is adopted— (A) recommendations for periodic review, ization Act for Fiscal Year 2023 (50 U.S.C. (1) as an exercise of the rulemaking power downgrading, and declassification as well as 3373b(b)) if deemed beneficial in fulfilling Re- of the Senate and House of Representatives, the exact time or specified occurrence fol- view Board responsibilities under this title. respectively, and is deemed to be part of the VerDate Sep 11 2014 08:05 Jul 19, 2023 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JY6.050 S18JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd S3016 CONGRESSIONAL RECORD—SENATE July 18, 2023 rules of each House, respectively, but appli- (2) normal trade relations treatment may (3) IMPACTEDSCHOOL.—The term ‘‘impacted cable only with respect to the procedure to not thereafter be extended to the products of school’’ means a public elementary school or be followed in that House, and it supersedes the People’s Republic of China under the pro- secondary school— other rules only to the extent that it is in- visions of chapter 1 of title IV of the Trade (A) that closed on or after January 1, 2020; consistent with such rules; and Act of 1974 (19 U.S.C. 2431 et seq.); and (2) with full recognition of the constitu- (3) the rates of duty set forth in column 2 (B) where the Formerly Utilized Sites Re- tional right of either House to change the of the Harmonized Tariff Schedule of the medial Action Program of the Corps of Engi- rules (so far as they relate to the procedure United States shall apply to all products of neers detected radiation above background of that House) at any time, in the same man- the People’s Republic of China; and levels— ner, and to the same extent as in the case of (4) the President may proclaim increases (i) on school property; or any other rule of that House. in the rates of duty applicable to products of (ii) otherwise, within 1000 feet of a building SEC. ll13. TERMINATION OF EFFECT OF TITLE. the People’s Republic of China to rates that containing classrooms or other educational (a) PROVISIONS PERTAINING TO THE REVIEW are higher than the rates described in para- facilities of the school. BOARD.—The provisions of this title that per- graph (3). (4) JANA ELEMENTARY SCHOOL.—The term tain to the appointment and operation of the ‘‘Jana Elementary School’’ means the school Review Board shall cease to be effective SA 838. Mr. HAWLEY (for himself located at 405 Jana Drive in Florissant, Mis- when the Review Board and the terms of its and Mr. VANCE) submitted an amend- souri. members have terminated pursuant to sec- ment intended to be proposed by him (5) LOCAL EDUCATIONAL AGENCY.—The term tion ll07(n). to the bill S. 2226, to authorize appro- ‘‘local educational agency’’ has the meaning (b) OTHER PROVISIONS.—(1) The remaining priations for fiscal year 2024 for mili- given the term in section 8101 of the Elemen- provisions of this title shall continue in ef- tary and Secondary Education Act of 1965 (20 tary activities of the Department of fect until such time as the Archivist certifies U.S.C. 7801). to the President and Congress that all un- Defense, for military construction, and (6) NATIONALCONTINGENCYPLAN.—The term identified anomalous phenomena records for defense activities of the Depart- ‘‘National Contingency Plan’’ means the Na- have been made available to the public in ac- ment of Energy, to prescribe military tional Contingency Plan— cordance with this title. personnel strengths for such fiscal (A) prepared and published under section (2) In facilitation of the provision in para- year, and for other purposes; which was 311(d) of the Federal Water Pollution Control graph (1), the All-domain Anomaly Resolu- ordered to lie on the table; as follows: Act (33 U.S.C. 1321(d)); or tion Office established pursuant to section (B) revised under section 105 of the Com- 1683 of the National Defense Authorization At the end of subtitle G of title XII, add prehensive Environmental Response, Com- Act for Fiscal Year 2022 (50 U.S.C. 3373), or the following: pensation, and Liability Act of 1980 (42 its successor as subsequently designated by SEC. 1299L. CLARIFICATION OF THE TERM ‘‘AG- U.S.C. 9605). Act of Congress, shall develop standardized GREGATE VALUE’’ FOR PURPOSES (7) PROGRAM.—The term ‘‘Program’’ means unidentified anomalous phenomena declas- OF PRESIDENTIAL DRAWDOWN AU- the Radioactive School Assistance Program sification guidance applicable to any and all THORITY. established in accordance with this subtitle. unidentified anomalous phenomena records The Foreign Assistance Act of 1961 (22 (8) SECRETARY.—The term ‘‘Secretary’’ generated by originating bodies subsequent U.S.C. 2151 et seq.) is amended— means the Secretary of Energy. to termination of the Review Board con- (1) in section 506(a)(1) (22 U.S.C. 2318(a)(1)), (9) VICINITYPROPERTY.—The term ‘‘vicinity sistent with the requirements and intent of in the undesignated matter following sub- property’’ has the meaning given the term in the Controlled Disclosure Campaign Plan paragraph (B), by inserting after ‘‘fiscal the Engineer Regulation ER 200–1–4 of the with respect to unidentified anomalous phe- year.’’ the following: ‘‘For purposes of this Corps of Engineers entitled ‘‘Formerly Uti- nomena records originated prior to Review paragraph, the term ‘aggregate value’ lized Sites Remedial Action Program’’ and Board termination. means— dated August 29, 2014 (or a successor docu- SEC. ll14. AUTHORIZATION OF APPROPRIA- ‘‘(A) in the case of defense articles, the ment). TIONS. greater of— SEC. lll. REMEDIATION OF JANA ELEMENTARY (a) INGENERAL.—There is authorized to be ‘‘(i) the original acquisition cost to the SCHOOL. appropriated to carry out the provisions of United States Government, plus the cost of Consistent with the requirements and obli- this title $20,000,000 for fiscal year 2024. improvements or other modifications made gations under the Formerly Utilized Sites (b) INTERIM FUNDING.—Until such time as by or on behalf of the Government; or Remedial Action Program of the Corps of funds are appropriated pursuant to sub- ‘‘(ii) the replacement cost; and Engineers, the Secretary of the Army shall— section (a), the President may use such sums ‘‘(B) in the case of defense services, the full (1) not later than 120 days after the date of as are available for discretionary use to cost to the Government of providing the the enactment of this Act, establish new re- carry out this title. services.’’; and mediation goals for Jana Elementary School SEC. ll15. SEVERABILITY. (2) in section 644(m)(2) (22 U.S.C. that will result in the removal of all radio- If any provision of this title or the applica- 2403(m)(2)), by inserting ‘‘except as provided active contamination at Jana Elementary tion thereof to any person or circumstance is in section 506(a)(1),’’ before ‘‘with respect School such that no portion of the site is held invalid, the remainder of this title and to’’. subjected to radiation above background lev- the application of that provision to other els; and persons not similarly situated or to other SA 839. Mr. HAWLEY submitted an (2) after establishing remediation goals circumstances shall not be affected by the amendment intended to be proposed by under paragraph (1), carry out activities nec- invalidation. him to the bill S. 2226, to authorize ap- essary to achieve those goals. SA 837. Mr. HAWLEY submitted an p m r i o l p it r a ia ry ti o a n c s t iv f i o t r i es f is o c f a l t h y e e D ar e pa 20 r 2 t 4 m e f n o t r SEC. lll S . CH F O I O N L A S N C W IA IT L H R A A S D SI I S O T A A C N T C IV E E C F O O N R - amendment intended to be proposed by of Defense, for military construction, TAMINATION. him to the bill S. 2226, to authorize ap- and for defense activities of the De- (a) RADIOACTIVE SCHOOL ASSISTANCE propriations for fiscal year 2024 for partment of Energy, to prescribe mili- FUND.— military activities of the Department tary personnel strengths for such fiscal (1) ESTABLISHMENT.—There is established of Defense, for military construction, year, and for other purposes; which was in the Treasury of the United States a fund and for defense activities of the De- ordered to lie on the table; as follows: t s o is t b a e n c k e n o F w u n n d a s t o t h c e a r R r a y d i o o u a t c t t i h ve e S re c i h m oo b l u r A se s - - partment of Energy, to prescribe mili- At the appropriate place in title XXVIII, ment program described in subsection (b). tary personnel strengths for such fiscal insert the following: (2) FUNDING.—The Fund shall consist of year, and for other purposes; which was Subtitle lll—Justice for Jana Elementary amounts appropriated pursuant to the au- ordered to lie on the table; as follows: thorization of appropriations under this sub- Act of 2023 At the end of subtitle G of title X, add the title. following: SEC. lll. SHORT TITLE. (b) RADIOACTIVE SCHOOL ASSISTANCE PRO- SEC. 1083. WITHDRAWAL OF NORMAL TRADE RE- This subtitle may be cited as the ‘‘Justice GRAM.—Not later than 30 days after the date LATIONS TREATMENT FROM THE for Jana Elementary Act of 2023’’. of the enactment of this Act, the Secretary PEOPLE’S REPUBLIC OF CHINA. SEC. lll. DEFINITIONS. shall establish and implement a program to Notwithstanding title I of Public Law 106– In this subtitle: be known as the ‘‘Radioactive School Assist- 286 (114 Stat. 880) or any other provision of (1) COVERED SCHOOL.—The term ‘‘covered ance Program’’ to provide financial assist- law, effective on the date that is 2 years school’’ means a school that is part of the ance in accordance with subsection (c) to after the date of the enactment of this Act— Hazelwood School District in the State of local educational agencies that have been fi- (1) normal trade relations treatment shall Missouri. nancially impacted by the presence of radio- not apply pursuant to section 101 of that Act (2) FUND.—The term ‘‘Fund’’ means the Ra- active contaminants stemming from the to the products of the People’s Republic of dioactive School Assistance Fund estab- atomic energy activities of the United States China; lished under this subtitle. Government. 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