July 13, 2023 CONGRESSIONAL RECORD—SENATE S2953 to nuclear waste issues in the Great Lakes ance of urgent national security concerns (14) PROSAIC ATTRIBUTION.—The term ‘‘pro- Basin. and the public interest. saic attribution’’ means having a human (ei- (b) PURPOSES.—The purposes of this title ther foreign or domestic) origin and oper- SA 797. Mr. SCHUMER (for himself, are— ating according to current, proven, and gen- Mr. ROUNDS, Mr. RUBIO, Mrs. GILLI- (1) to provide for the creation of the un- erally understood scientific and engineering BRAND, Mr. YOUNG, and Mr. HEINRICH) identified anomalous phenomena Records principles and established laws-of-nature and submitted an amendment intended to Collection at the National Archives and not attributable to non-human intelligence. be proposed by him to the bill S. 2226, Records Administration; and (15) PUBLIC INTEREST.—The term ‘‘public (2) to require the expeditious public trans- interest’’ means the compelling interest in to authorize appropriations for fiscal mission to the Archivist and public disclo- the prompt public disclosure of unidentified year 2024 for military activities of the sure of such records. anomalous phenomena records for historical Department of Defense, for military SEC. ll03. DEFINITIONS. and Governmental purposes and for the pur- construction, and for defense activities In this title: pose of fully informing the people of the of the Department of Energy, to pre- (1) ARCHIVIST.—The term ‘‘Archivist’’ United States about the history of the Fed- scribe military personnel strengths for means the Archivist of the United States. eral Government’s knowledge and involve- such fiscal year, and for other pur- (2) CLOSE OBSERVER.—The term ‘‘close ob- ment surrounding unidentified anomalous server’’ means anyone who has come into phenomena. poses; which was ordered to lie on the close proximity to unidentified anomalous (16) RECORD.—The term ‘‘record’’ includes table; as follows: phenomena or non-human intelligence. a book, paper, report, memorandum, direc- At the appropriate place, insert the fol- (3) COLLECTION.—The term ‘‘Collection’’ tive, email, text, or other form of commu- lowing: means the Unidentified Anomalous Phe- nication, or map, photograph, sound or video TITLE l—UNIDENTIFIED ANOMALOUS nomena Records Collection established recording, machine-readable material, com- PHENOMENA DISCLOSURE under section ll04. puterized, digitized, or electronic informa- (4) CONTROLLED DISCLOSURE CAMPAIGN tion, including intelligence, surveillance, re- SEC. ll01. SHORT TITLE. PLAN.—The term ‘‘Controlled Disclosure connaissance, and target acquisition sensor This title may be cited as the ‘‘Unidenti- Campaign Plan’’ means the Controlled Dis- data, regardless of the medium on which it is fied Anomalous Phenomena Disclosure Act closure Campaign Plan required by section stored, or other documentary material, re- of 2023’’ or the ‘‘UAP Disclosure Act of 2023’’. ll09(c)(3). gardless of its physical form or characteris- SEC. ll02. FINDINGS, DECLARATIONS, AND PUR- (5) CONTROLLING AUTHORITY.—The term tics. POSES. ‘‘controlling authority’’ means any Federal, (17) REVIEW BOARD.—The term ‘‘Review (a) FINDINGS AND DECLARATIONS.—Congress State, or local government department, of- Board’’ means the Unidentified Anomalous finds and declares the following: fice, agency, committee, commission, com- Phenomena Records Review Board estab- (1) All Federal Government records related mercial company, academic institution, or lished by section ll07. to unidentified anomalous phenomena private sector entity in physical possession (18) TECHNOLOGIES OF UNKNOWN ORIGIN.— should be preserved and centralized for his- of technologies of unknown origin or biologi- The term ‘‘technologies of unknown origin’’ torical and Federal Government purposes. cal evidence of non-human intelligence. means any materials or meta-materials, (2) All Federal Government records con- (6) EXECUTIVE AGENCY.—The term ‘‘Execu- ejecta, crash debris, mechanisms, machin- cerning unidentified anomalous phenomena tive agency’’ means an Executive agency, as ery, equipment, assemblies or sub-assem- should carry a presumption of immediate defined in subsection 552(f) of title 5, United blies, engineering models or processes, dam- disclosure and all records should be eventu- States Code. aged or intact aerospace vehicles, and dam- ally disclosed to enable the public to become (7) GOVERNMENT OFFICE.—The term ‘‘Gov- aged or intact ocean-surface and undersea fully informed about the history of the Fed- ernment office’’ means any department, of- craft associated with unidentified anomalous eral Government’s knowledge and involve- fice, agency, committee, or commission of phenomena or incorporating science and ment surrounding unidentified anomalous the Federal Government and any inde- technology that lacks prosaic attribution or phenomena. pendent office or agency without exception known means of human manufacture. (3) Legislation is necessary to create an en- that has possession or control, including via (19) TEMPORARILY NON-ATTRIBUTED OB- forceable, independent, and accountable contract or other agreement, of unidentified JECTS.— process for the public disclosure of such anomalous phenomena records. (A) IN GENERAL.—The term ‘‘temporarily records. (8) IDENTIFICATION AID.—The term ‘‘identi- non-attributed objects’’ means the class of (4) Legislation is necessary because cred- fication aid’’ means the written description objects that temporarily resist prosaic attri- ible evidence and testimony indicates that prepared for each record, as required in sec- bution by the initial observer as a result of Federal Government unidentified anomalous tion ll04. environmental or system limitations associ- phenomena records exist that have not been (9) LEADERSHIP OF CONGRESS.—The term ated with the observation process that nev- declassified or subject to mandatory declas- ‘‘leadership of Congress’’ means— ertheless ultimately have an accepted sification review as set forth in Executive (A) the majority leader of the Senate; human origin or known physical cause. Al- Order 13526 (50 U.S.C. 3161 note; relating to (B) the minority leader of the Senate; though some unidentified anomalous phe- classified national security information) due (C) the Speaker of the House of Represent- nomena may at first be interpreted as tem- in part to exemptions under the Atomic En- atives; and porarily non-attributed objects, they are not ergy Act of 1954 (42 U.S.C. 2011 et seq.), as (D) the minority leader of the House of temporarily non-attributed objects, and the well as an over-broad interpretation of Representatives. two categories are mutually exclusive. ‘‘transclassified foreign nuclear informa- (10) LEGACY PROGRAM.—The term ‘‘legacy (B) INCLUSION.—The term ‘‘temporarily tion’’, which is also exempt from mandatory program’’ means all Federal, State, and local non-attributed objects’’ includes— declassification, thereby preventing public government, commercial industry, academic, (i) natural celestial, meteorological, and disclosure under existing provisions of law. and private sector endeavors to collect, ex- undersea weather phenomena; (5) Legislation is necessary because section ploit, or reverse engineer technologies of un- (ii) mundane human-made airborne ob- 552 of title 5, United States Code (commonly known origin or examine biological evidence jects, clutter, and marine debris; referred to as the ‘‘Freedom of Information of living or deceased non-human intelligence (iii) Federal, State, and local government, Act’’), as implemented by the Executive that pre-dates the date of the enactment of commercial industry, academic, and private branch of the Federal Government, has prov- this Act. sector aerospace platforms; en inadequate in achieving the timely public (11) NATIONAL ARCHIVES.—The term ‘‘Na- (iv) Federal, State, and local government, disclosure of Government unidentified anom- tional Archives’’ means the National Ar- commercial industry, academic, and private alous phenomena records that are subject to chives and Records Administration and all sector ocean-surface and undersea vehicles; mandatory declassification review. components thereof, including presidential and (6) Legislation is necessary to restore prop- archival depositories established under sec- (v) known foreign systems. er oversight over unidentified anomalous tion 2112 of title 44, United States Code. (20) THIRDAGENCY.—The term ‘‘third agen- phenomena records by elected officials in (12) NON-HUMAN INTELLIGENCE.—The term cy’’ means a Government agency that origi- both the executive and legislative branches ‘‘non-human intelligence’’ means any sen- nated a unidentified anomalous phenomena of the Federal Government that has other- tient intelligent non-human lifeform regard- record that is in the possession of another wise been lacking as of the enactment of this less of nature or ultimate origin that may be Government agency. Act. presumed responsible for unidentified anom- (21) UNIDENTIFIED ANOMALOUS PHE- (7) Legislation is necessary to afford com- alous phenomena or of which the Federal NOMENA.— plete and timely access to all knowledge Government has become aware. (A) IN GENERAL.—The term ‘‘unidentified gained by the Federal Government con- (13) ORIGINATING BODY.—The term ‘‘origi- anomalous phenomena’’ means any object cerning unidentified anomalous phenomena nating body’’ means the Executive agency, operating or judged capable of operating in in furtherance of comprehensive open sci- Federal Government commission, committee outer-space, the atmosphere, ocean surfaces, entific and technological research and devel- of Congress, or other Governmental entity or undersea lacking prosaic attribution due opment essential to avoiding or mitigating that created a record or particular informa- to performance characteristics and prop- potential technological surprise in further- tion within a record. erties not previously known to be achievable VerDate Sep 11 2014 14:27 Jul 14, 2023 Jkt 039060 PO 00000 Frm 00509 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.182 S13JYPT1 ETANES htiw DORP32NQ621KSD no recnepSS S2954 CONGRESSIONAL RECORD—SENATE July 13, 2023 based upon commonly accepted physical (1) INGENERAL.—(A) Not later than 60 days (2) HOUSE OF REPRESENTATIVES.—Unless principles. Unidentified anomalous phe- after the date of the enactment of this Act, otherwise determined appropriate by the nomena are differentiated from both attrib- the Archivist shall commence establishment Permanent Select Committee on Intelligence uted and temporarily non-attributed objects of a collection of records in the National Ar- of the House of Representatives, the Com- by one or more of the following observables: chives to be known as the ‘‘Unidentified mittee on Oversight and Accountability of (i) Instantaneous acceleration absent ap- Anomalous Phenomena Records Collection’’. the House of Representatives shall have con- parent inertia. (B) In carrying out subparagraph (A), the tinuing legislative oversight jurisdiction in (ii) Hypersonic velocity absent a thermal Archivist shall ensure the physical integrity the House of Representatives with respect to signature and sonic shockwave. and original provenance (or if indeterminate, the Collection. (iii) Transmedium (such as space-to-ground the earliest historical owner) of all records SEC. ll05. REVIEW, IDENTIFICATION, TRANS- and air-to-undersea) travel. in the Collection. MISSION TO THE NATIONAL AR- (iv) Positive lift contrary to known aero- (C) The Collection shall consist of record CHIVES, AND PUBLIC DISCLOSURE dynamic principles. copies of all Government, Government-pro- OF UNIDENTIFIED ANOMALOUS PHE- (v) Multispectral signature control. vided, or Government-funded records relat- NOMENA RECORDS BY GOVERN- MENT OFFICES. (vi) Physical or invasive biological effects ing to unidentified anomalous phenomena, (a) IDENTIFICATION, ORGANIZATION, AND to close observers and the environment. technologies of unknown origin, and non- PREPARATIONFORTRANSMISSION.— (B) INCLUSIONS.—The term ‘‘unidentified human intelligence (or equivalent subjects (1) IN GENERAL.—As soon as practicable anomalous phenomena’’ includes what were by any other name with the specific and sole after the date of the enactment of this Act, previously described as— exclusion of temporarily non-attributed ob- each head of a Government office shall— (i) flying discs; jects), which shall be transmitted to the Na- (A) identify and organize records in the (ii) flying saucers; tional Archives in accordance with section possession of the Government office or under (iii) unidentified aerial phenomena; 2107 of title 44, United States Code. the control of the Government office relat- (iv) unidentified flying objects (UFOs); and (D) The Archivist shall prepare and publish ing to unidentified anomalous phenomena; (v) unidentified submerged objects (USOs). a subject guidebook and index to the Collec- and (22) UNIDENTIFIED ANOMALOUS PHENOMENA tion. (B) prepare such records for transmission RECORD.—The term ‘‘unidentified anomalous (2) CONTENTS.—The Collection shall include to the Archivist for inclusion in the Collec- phenomena record’’ means a record that is the following: tion. related to unidentified anomalous phe- (A) All unidentified anomalous phenomena (2) PROHIBITIONS.—(A) No unidentified nomena, technologies of unknown origin, or records, regardless of age or date of cre- anomalous phenomena record shall be de- non-human intelligence (and all equivalent ation— stroyed, altered, or mutilated in any way. subjects by any other name with the specific (i) that have been transmitted to the Na- (B) No unidentified anomalous phenomena and sole exclusion of temporarily non-attrib- tional Archives or disclosed to the public in record made available or disclosed to the uted objects) that was created or made avail- an unredacted form prior to the date of the public prior to the date of the enactment of able for use by, obtained by, or otherwise enactment of this Act; this Act may be withheld, redacted, post- came into the possession of— (ii) that are required to be transmitted to poned for public disclosure, or reclassified. (A) the Executive Office of the President; the National Archives; and (C) No unidentified anomalous phenomena (B) the Department of Defense and its pro- (iii) that the disclosure of which is post- record created by a person or entity outside genitors, the Department of War and the De- poned under this Act. the Federal Government (excluding names or partment of the Navy; (B) A central directory comprised of iden- identities consistent with the requirements (C) the Department of the Army; tification aids created for each record trans- of section ll06) shall be withheld, redacted, (D) the Department of the Navy; mitted to the Archivist under section ll05. postponed for public disclosure, or reclassi- (E) the Department of the Air Force, spe- (C) All Review Board records as required fied. cifically the Air Force Office of Special In- by this Act. (b) CUSTODY OF UNIDENTIFIED ANOMALOUS vestigations; (b) DISCLOSURE OF RECORDS.—All unidenti- PHENOMENARECORDSPENDINGREVIEW.—Dur- (F) the Department of Energy and its pro- fied anomalous phenomena records trans- ing the review by the heads of Government genitors, the Manhattan Project, the Atomic mitted to the National Archives for disclo- offices under subsection (c) and pending re- Energy Commission, and the Energy Re- sure to the public shall— view activity by the Review Board, each search and Development Administration; head of a Government office shall retain cus- (1) be included in the Collection; and (G) the Office of the Director of National tody of the unidentified anomalous phe- (2) be available to the public— Intelligence; nomena records of the office for purposes of (A) for inspection and copying at the Na- (H) the Central Intelligence Agency and its preservation, security, and efficiency, un- tional Archives within 30 days after their progenitor, the Office of Strategic Services; less— transmission to the National Archives; and (I) the National Reconnaissance Office; (1) the Review Board requires the physical (B) digitally via the National Archives on- (J) the Defense Intelligence Agency; transfer of the records for purposes of con- line database within a reasonable amount of (K) the National Security Agency; ducting an independent and impartial re- time not to exceed 180 days thereafter. (L) the National Geospatial-Intelligence view; Agency; (c) FEES FOR COPYING.—The Archivist (2) transfer is necessary for an administra- shall— (M) the National Aeronautics and Space tive hearing or other Review Board function; (1) charge fees for copying unidentified Administration: or (N) the Federal Bureau of Investigation; anomalous phenomena records; and (3) it is a third agency record described in (O) the Federal Aviation Administration; (2) grant waivers of such fees pursuant to subsection (c)(2)(C). (P) the National Oceanic and Atmospheric the standards established by section 552(a)(4) (c) REVIEW BY HEADS OF GOVERNMENT OF- Administration; of title 5, United States Code. FICES.— (Q) the Library of Congress; (d) ADDITIONALREQUIREMENTS.— (1) IN GENERAL.—Not later than 300 days (R) the National Archives and Records Ad- (1) USE OF FUNDS.—The Collection shall be after the date of the enactment of this Act, ministration; preserved, protected, archived, digitized, and each head of a Government office shall re- (S) any Presidential library; made available to the public at the National view, identify, and organize each unidenti- (T) any Executive agency; Archives and via the official National Ar- fied anomalous phenomena record in the cus- (U) any independent office or agency; chives online database using appropriations tody or possession of the office for— (V) any other department, office, agency, authorized, specified, and restricted for use (A) disclosure to the public; committee, or commission of the Federal under the terms of this Act. (B) review by the Review Board; and Government; (2) SECURITY OF RECORDS.—The National (C) transmission to the Archivist. (W) any State or local government depart- Security Program Office at the National Ar- (2) REQUIREMENTS.—In carrying out para- ment, office, agency, committee, or commis- chives, in consultation with the National Ar- graph (1), the head of a Government office sion that provided support or assistance or chives Information Security Oversight Of- shall— performed work, in connection with a Fed- fice, shall establish a program to ensure the (A) determine which of the records of the eral inquiry into unidentified anomalous security of the postponed unidentified anom- office are unidentified anomalous phe- phenomena, technologies of unknown origin, alous phenomena records in the protected, nomena records; or non-human intelligence; and and yet-to-be disclosed or classified portion (B) determine which of the unidentified (X) any private sector person or entity for- of the Collection. anomalous phenomena records of the office merly or currently under contract or some (e) OVERSIGHT.— have been officially disclosed or made pub- other agreement with the Federal Govern- (1) SENATE.—Unless otherwise determined licly available in a complete and unredacted ment. by the Select Committee on Intelligence of form; the Senate, the Committee on Homeland Se- (C)(i) determine which of the unidentified SEC. ll04. UNIDENTIFIED ANOMALOUS PHE- NOMENA RECORDS COLLECTION AT curity and Governmental Affairs of the Sen- anomalous phenomena records of the office, THE NATIONAL ARCHIVES AND ate shall have continuing legislative over- or particular information contained in such RECORDS ADMINISTRATION. sight jurisdiction in the Senate with respect a record, was created by a third agency or by (a) ESTABLISHMENT.— to the Collection. another Government office; and VerDate Sep 11 2014 14:27 Jul 14, 2023 Jkt 039060 PO 00000 Frm 00510 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.178 S13JYPT1 ETANES htiw DORP32NQ621KSD no recnepSS July 13, 2023 CONGRESSIONAL RECORD—SENATE S2955 (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 (E) organize and make available to the Re- lous phenomena record and an electronic full, and available in the Collection, not view Board all unidentified anomalous phe- copy for each softcopy or digitized data un- later than the date that is 25 years after the nomena records identified under subpara- identified anomalous phenomena record the date of the first creation of the record by the graph (D) the public disclosure of, which in- identification aid describes; and originating body, unless the President cer- whole or in-part, may be postponed under (C) attach a printed copy to each physical tifies, as required by this title, that— this title; unidentified anomalous phenomena record, (i) continued postponement is made nec- (F) organize and make available to the Re- and an electronic copy to each softcopy or essary by an identifiable harm to the mili- view Board any record concerning which the digitized data unidentified anomalous phe- tary defense, intelligence operations, law en- office has any uncertainty as to whether the nomena record the identification aid de- forcement, or conduct of foreign relations; record is an unidentified anomalous phe- scribes, when transmitted to the Archivist. and nomena record governed by this title; (3) RECORDS OF THE NATIONAL ARCHIVES (ii) the identifiable harm is of such gravity (G) give precedence of work to— THATAREPUBLICLYAVAILABLE.—Unidentified that it outweighs the public interest in dis- (i) the identification, review, and trans- anomalous phenomena records which are in closure. mission of unidentified anomalous phe- the possession of the National Archives on (h) REQUIREMENTS FOR EXECUTIVE AGEN- nomena records not already publicly avail- the date of the enactment of this Act, and CIES.—Executive agencies shall— able or disclosed as of the date of the enact- which have been publicly available in their (1) transmit digital records electronically ment of this Act; entirety without redaction, shall be made in accordance with section 2107 of title 44, (ii) the identification, review, and trans- available in the Collection without any addi- United States Code; mission of all records that most unambig- tional review by the Review Board or an- (2) charge fees for copying unidentified uously and definitively pertain to unidenti- other authorized office under this title, and anomalous phenomena records; and fied anomalous phenomena, technologies of shall not be required to have such an identi- (3) grant waivers of such fees pursuant to unknown origin, and non-human intel- fication aid unless required by the Archivist. the standards established by section 552(a)(4) ligence; (e) TRANSMISSION TO THE NATIONAL AR- of title 5, United States Code. (iii) the identification, review, and trans- CHIVES.—Each head of a Government office SEC. ll06. GROUNDS FOR POSTPONEMENT OF mission of unidentified anomalous phe- shall— PUBLIC DISCLOSURE OF UNIDENTI- nomena records that on the date of the en- (1) transmit to the Archivist, and make FIED ANOMALOUS PHENOMENA actment of this Act are the subject of litiga- immediately available to the public, all un- RECORDS. tion under section 552 of title 5, United identified anomalous phenomena records of Disclosure of unidentified anomalous phe- States Code; and the Government office that can be publicly nomena records or particular information in (iv) the identification, review, and trans- disclosed, including those that are publicly unidentified anomalous phenomena records mission of unidentified anomalous phe- available on the date of the enactment of to the public may be postponed subject to nomena records with earliest provenance this Act, without any redaction, adjustment, the limitations of this title if there is clear when not inconsistent with clauses (i) or withholding under the standards of this and convincing evidence that— through (iii) and otherwise feasible; and title; and (1) the threat to the military defense, in- (H) make available to the Review Board (2) transmit to the Archivist upon approval telligence operations, or conduct of foreign any additional information and records that for postponement by the Review Board or relations of the United States posed by the the Review Board has reason to believe the upon completion of other action authorized public disclosure of the unidentified anoma- Review Board requires for conducting a re- by this title, all unidentified anomalous phe- lous phenomena record is of such gravity view under this title. nomena records of the Government office the that it outweighs the public interest in dis- (3) PRIORITY OF EXPEDITED REVIEW FOR DI- public disclosure of which has been post- closure, and such public disclosure would re- RECTORS OF CERTAIN ARCHIVAL DEPOSI- poned, in whole or in part, under the stand- veal— TORIES.—The Director of each archival de- ards of this title, to become part of the pro- (A) an intelligence agent whose identity pository established under section 2112 of tected, yet-to-be disclosed, or classified por- currently requires protection; title 44, United States Code, shall have as a tion of the Collection. (B) an intelligence source or method which priority the expedited review for public dis- (f) CUSTODY OF POSTPONED UNIDENTIFIED is currently utilized, or reasonably expected closure of unidentified anomalous phe- ANOMALOUS PHENOMENA RECORDS.—An un- to be utilized, by the Federal Government nomena records in the possession and cus- identified anomalous phenomena record the and which has not been officially disclosed, tody of the depository, and shall make such public disclosure of which has been post- the disclosure of which would interfere with records available to the Review Board as re- poned shall, pending transmission to the Ar- the conduct of intelligence activities; or quired by this title. chivist, be held for reasons of security and (C) any other matter currently relating to (d) IDENTIFICATIONAIDS.— preservation by the originating body until the military defense, intelligence operations, (1) INGENERAL.—(A) Not later than 45 days such time as the information security pro- or conduct of foreign relations of the United after the date of the enactment of this Act, gram has been established at the National States, the disclosure of which would demon- the Archivist, in consultation with the heads Archives as required in section ll04(d)(2). strably and substantially impair the na- of such Government offices as the Archivist (g) PERIODICREVIEWOFPOSTPONEDUNIDEN- tional security of the United States; considers appropriate, shall prepare and TIFIEDANOMALOUSPHENOMENARECORDS.— (2) the public disclosure of the unidentified make available to all Government offices a (1) INGENERAL.—All postponed or redacted anomalous phenomena record would reveal standard form of identification, or finding records shall be reviewed periodically by the the name or identity of a living person who aid, for use with each unidentified anoma- originating agency and the Archivist con- provided confidential information to the lous phenomena record subject to review sistent with the recommendations of the Re- Federal Government and would pose a sub- under this title whether in hardcopy (phys- view Board in the Controlled Disclosure stantial risk of harm to that person; ical), softcopy (electronic), or digitized data Campaign Plan under section ll09(c)(3)(B). (3) the public disclosure of the unidentified format as may be appropriate. (2) REQUIREMENTS.—(A) A periodic review anomalous phenomena record could reason- (B) The Archivist shall ensure that the under paragraph (1) shall address the public ably be expected to constitute an unwar- identification aid program is established in disclosure of additional unidentified anoma- ranted invasion of personal privacy, and that such a manner as to result in the creation of lous phenomena records in the Collection invasion of privacy is so substantial that it a uniform system for cataloging and finding under the standards of this title. outweighs the public interest; or every unidentified anomalous phenomena (B) All postponed unidentified anomalous (4) the public disclosure of the unidentified record subject to review under this title phenomena records determined to require anomalous phenomena record would com- where ever and how ever stored in hardcopy continued postponement shall require an un- promise the existence of an understanding of (physical), softcopy (electronic), or digitized classified written description of the reason confidentiality currently requiring protec- data format. for such continued postponement relevant to tion between a Federal Government agent VerDate Sep 11 2014 14:27 Jul 14, 2023 Jkt 039060 PO 00000 Frm 00511 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.178 S13JYPT1 ETANES htiw DORP32NQ621KSD no recnepSS S2956 CONGRESSIONAL RECORD—SENATE July 13, 2023 and a cooperating individual or a foreign (iv) 1 economist; action commenced in the United States Dis- government, and public disclosure would be (v) 1 professional historian; and trict Court for the District of Columbia. so harmful that it outweighs the public in- (vi) 1 sociologist. (B) The member may be reinstated or terest. (c) SECURITYCLEARANCES.— granted other appropriate relief by order of SEC. ll07. ESTABLISHMENT AND POWERS OF (1) IN GENERAL.—All Review Board nomi- the court. THE UNIDENTIFIED ANOMALOUS nees shall be granted the necessary security (g) COMPENSATIONOFMEMBERS.— PHENOMENA RECORDS REVIEW clearances and accesses, including any and (1) IN GENERAL.—A member of the Review BOARD. all relevant Presidential, departmental, and Board, other than the Executive Director (a) ESTABLISHMENT.—There is established agency special access programs, in an accel- under section ll08(c)(1), shall be com- as an independent agency a board to be erated manner subject to the standard proce- pensated at a rate equal to the daily equiva- known as the ‘‘Unidentified Anomalous Phe- dures for granting such clearances. lent of the annual rate of basic pay pre- n w s f s s i h e u o l i ( ( r a r i t m b 1 v a e h l ) ) l e t e i A a n t a o a I n h a N P p n s d e P p , R m O o G f a 9 e I i a e E N d n c c m c N o v T t i i , E r i M l b t c i d R w i e E t e s z A r a N i e s L t R t a T n h e . o n e . s — — o f v d t u T o i h t e t f c h h e w o e r e t n r e h B R e g s e P v o e a e n i a r v r U e e r d t i w s d e n i t w o ’ , i d ’ o t f . e t e B r n p t d a o h o t n a , l e S i r s t t d m b S a i c y e t t i a e s n o l s s a a i e a t o n t n e f n d o - - , n B t c f S i h e o e o r ( s e m m c 2 a s u ) r e i a n d r n s t i e e i t u c Q o e y p e n n s U r s d i A a s o e b f L a n r r o y I r d r F y s I t u t C G o a h b s A p o e e s T p b v e c I o e e c u O C i r t i N r o n n n i i o m t g t m y n m m e F c e ( n O c i o b n t t R l n ) t t e a s e a l s i e r h t d N a A o a e o n O l r f l n M c f e t a e d h I q i s N H e r u E s f a o a E o l m R n r S i o f e . d e f y — v l c a i t o A a f e n h o n c w l d e r l - - s u S t t B R c i h l t o e m ( r e e a v a 2 i t ) e b i r p e e u ) d e e s w T n . d d r R d u f C f o e A r B o o r r i V r d o m n E e a g l s a L , r e e n w d v c f c E o e h t e X l s r i i o h c P o I n h e a E V f a l N t l c t 5 S h o h h 3 E e f b e 1 S e 5 d t m . d h a — u e a y e o A m t l f l i E ( o e b i x t m s w n e i e r c e t o e c l l d i m f u u e s t d t b e r i h i 5 e v e n n e , r e a g g s a R U S o o g t e n f c n r e v h a a i d i t t e b v e h e i d l e w n d e e - l to the Archivist, and public disclosure of Senate. travel expenses, including per diem in lieu of government records relating to unidentified (d) CONFIRMATIONHEARINGS.— subsistence, at rates for employees of agen- anomalous phenomena. (1) HOLDING HEARINGS.—Unless the Senate cies under subchapter I of chapter 57 of title (2) PERIOD FOR NOMINATIONS.—(A) The designates a different committee of jurisdic- 5, United States Code, while away from the President shall make nominations to the Re- tion, the Committee on Homeland Security member’s home or regular place of business view Board not later than 90 calendar days and Governmental Affairs of the Senate shall in the performance of services for the Review after the date of the enactment of this Act. hold confirmation hearings, and do so within Board. (B) If the Senate votes not to confirm a 30 days after the first date in which the Sen- (h) DUTIESOFTHEREVIEWBOARD.— nomination to the Review Board, the Presi- ate is in session after the nomination of a (1) IN GENERAL.—The Review Board shall dent shall make an additional nomination minimum of 3 individuals for appointment to consider and render decisions on a deter- not later than 30 days thereafter. the Review Board, including the Executive mination by a Government office to seek to (3) CONSIDERATION OF RECOMMENDATIONS.— Director established under section ll08(a). postpone the disclosure of unidentified (A) The President shall make nominations to (2) COMMITTEE VOTING.—Unless the Senate anomalous phenomena records. the Review Board after considering persons designates a different committee of jurisdic- (2) CONSIDERATIONSANDRENDERINGOFDECI- recommended by the following: tion, the Committee on Homeland Security SIONS.—In carrying out paragraph (1), the (i) The majority leader of the Senate. and Governmental Affairs of the Senate shall Review Board shall consider and render deci- (ii) The minority leader of the Senate. vote on the nominations, and do so within 14 sions— (iii) The Speaker of the House of Rep- days after the first date on which the Senate (A) whether a record constitutes a uniden- resentatives. is in session after the confirmation hearings, tified anomalous phenomena record; and (iv) The minority leader of the House of and shall report its results to the full Senate (B) whether a unidentified anomalous phe- Representatives. immediately. nomena record or particular information in a (v) The Secretary of Defense. (3) SENATE VOTING.—The Senate shall vote record qualifies for postponement of disclo- (vi) The National Academy of Sciences. on each nominee to confirm or reject within sure under this title. (vii) The UAP Disclosure Foundation. 14 days after the first date on which the Sen- (i) POWERS.— (viii) The American Historical Association. ate is in session after reported by the Com- (1) IN GENERAL.—The Review Board shall (ix) Such other persons and organizations mittee on Homeland Security and Govern- have the authority to act in a manner pre- as the President considers appropriate. mental Affairs or by a different committee scribed under this title, including author- (B) If an individual or organization de- as determined by the Senate. ity— scribed in subparagraph (A) does not rec- (e) VACANCY.—A vacancy on the Review (A) to direct Government offices to com- ommend at least 2 nominees meeting the Board shall be filled in the same manner as plete identification aids and organize un- qualifications stated in paragraph (5) by the specified for original appointment within 30 identified anomalous phenomena records; date that is 45 days after the date of the en- days of the occurrence of the vacancy. (B) to direct Government offices to trans- actment of this Act, the President shall con- (f) REMOVALOFREVIEWBOARDMEMBER.— mit to the Archivist unidentified anomalous sider for nomination the persons rec- (1) INGENERAL.—No member of the Review phenomena records as required under this ommended by the other individuals and orga- Board shall be removed from office, other title, including segregable portions of un- nizations described in such subparagraph. than— identified anomalous phenomena records and (C) The President may request an indi- (A) by impeachment and conviction; or substitutes and summaries of unidentified vidual or organization described in subpara- (B) by the action of the President for inef- anomalous phenomena records that can be graph (A) to submit additional nominations. ficiency, neglect of duty, malfeasance in of- publicly disclosed to the fullest extent; (4) QUALIFICATIONS.—Persons nominated to fice, physical disability, mental incapacity, (C)(i) to obtain access to unidentified the Review Board— or any other condition that substantially anomalous phenomena records that have (A) shall be impartial citizens, none of impairs the performance of the member’s du- been identified and organized by a Govern- whom shall have had any previous or current ties. ment office; involvement with any legacy program or (2) NOTICEOFREMOVAL.—(A) If a member of (ii) to direct a Government office to make controlling authority relating to the collec- the Review Board is removed from office, available to the Review Board, and if nec- tion, exploitation, or reverse engineering of and that removal is by the President, not essary investigate the facts surrounding, ad- technologies of unknown origin or the exam- later than 10 days after the removal, the ditional information, records, or testimony ination of biological evidence of living or de- President shall submit to the leadership of from individuals which the Review Board has ceased non-human intelligence; Congress, the Committee on Homeland Secu- reason to believe are required to fulfill its (B) shall be distinguished persons of high rity and Governmental Affairs of the Senate functions and responsibilities under this national professional reputation in their re- and the Committee on Oversight and Reform title; and spective fields who are capable of exercising of the House of Representatives, or to alter- (iii) request the Attorney General to sub- the independent and objective judgment nec- native committees of jurisdiction as deter- poena private persons to compel testimony, essary to the fulfillment of their role in en- mined by the Senate and the House of Rep- records, and other information relevant to suring and facilitating the review, trans- resentatives, a report specifying the facts its responsibilities under this title; mission to the public, and public disclosure found and the grounds for the removal. (D) require any Government office to ac- of records related to the government’s under- (B) The President shall publish in the Fed- count in writing for the destruction of any standing of, and activities associated with eral Register a report submitted under sub- records relating to unidentified anomalous unidentified anomalous phenomena, tech- paragraph (A), except that the President phenomena, technologies of unknown origin, nologies of unknown origin, and non-human may, if necessary to protect the rights of a or non-human intelligence; intelligence and who possess an appreciation person named in the report or to prevent (E) receive information from the public re- of the value of such material to the public, undue interference with any pending pros- garding the identification and public disclo- scholars, and government; and ecution, postpone or refrain from publishing sure of unidentified anomalous phenomena (C) shall include at least— any or all of the report until the completion records; (i) 1 current or former national security of- of such pending cases or pursuant to privacy (F) hold hearings, administer oaths, and ficial; protection requirements in law. subpoena witnesses and documents; (ii) 1 current or former foreign service offi- (3) JUDICIAL REVIEW.—(A) A member of the (G) use the Federal Acquisition Service in cial; Review Board removed from office may ob- the same manner and under the same condi- (iii) 1 scientist or engineer; tain judicial review of the removal in a civil tions as other Executive agencies; and VerDate Sep 11 2014 14:27 Jul 14, 2023 Jkt 039060 PO 00000 Frm 00512 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.178 S13JYPT1 ETANES htiw DORP32NQ621KSD no recnepSS July 13, 2023 CONGRESSIONAL RECORD—SENATE S2957 (H) use the United States mails in the (C) has had no previous or current involve- has been offered, the Review Board shall im- same manner and under the same conditions ment with any legacy program or controlling mediately terminate the person’s employ- as other Executive agencies. authority relating to the collection, exploi- ment. (2) ENFORCEMENT OF SUBPOENA.—A sub- tation, or reverse engineering of tech- (4) SUPPORT FROM NATIONAL DECLASSIFICA- poena issued under paragraph (1)(C)(iii) may nologies of unknown origin or the examina- TIONCENTER.—The Archivist shall assign one be enforced by any appropriate Federal court tion of biological evidence of living or de- representative in full-time equivalent status acting pursuant to a lawful request of the ceased non-human intelligence. from the National Declassification Center to Review Board. (3) SECURITYCLEARANCES.—(A) A candidate advise and support the Review Board disclo- (j) WITNESS IMMUNITY.—The Review Board for Executive Director shall be granted all sure postponement review process in a non- shall be considered to be an agency of the the necessary security clearances and ac- voting staff capacity. United States for purposes of section 6001 of cesses, including to relevant Presidential (c) COMPENSATION.—Subject to such rules title 18, United States Code. Witnesses, close and department or agency special access and as may be adopted by the Review Board, observers, and whistleblowers providing in- compartmented access programs in an accel- without regard to the provisions of title 5, formation directly to the Review Board shall erated manner subject to the standard proce- United States Code, governing appointments also be afforded the protections provided to dures for granting such clearances. in the competitive service and without re- such persons specified under section 1673(b) (B) A candidate shall qualify for the nec- gard to the provisions of chapter 51 and sub- of the James M. Inhofe National Defense Au- essary security clearances and accesses prior chapter III of chapter 53 of that title relating thorization Act for Fiscal Year 2023 (50 to being appointed by the President. to classification and General Schedule pay U.S.C. 3373b(b)). (4) FUNCTIONS.—The Executive Director rates— (k) OVERSIGHT.— shall— (1) the Executive Director shall be com- (1) SENATE.—Unless otherwise determined (A) serve as principal liaison to the Execu- pensated at a rate not to exceed the rate of by the Senate, the Committee on Homeland tive Office of the President and Congress; basic pay for level II of the Executive Sched- Security and Governmental Affairs of the (B) serve as Chairperson of the Review ule and shall serve the entire tenure as one Senate shall have continuing legislative Board; full-time equivalent; and oversight jurisdiction in the Senate with re- (C) be responsible for the administration (2) the Executive Director shall appoint spect to the official conduct of the Review and coordination of the Review Board’s re- and fix compensation of such other personnel Board and the disposition of postponed view of records; as may be necessary to carry out this title. records after termination of the Review (D) be responsible for the administration of (d) ADVISORYCOMMITTEES.— Board, and shall have access to any records all official activities conducted by the Re- (1) AUTHORITY.—The Review Board may held or created by the Review Board. view Board; create advisory committees to assist in ful- (2) HOUSE OF REPRESENTATIVES.—Unless (E) exercise tie-breaking Review Board au- filling the responsibilities of the Review otherwise determined appropriate by the thority to decide or determine whether any Board under this title. House of Representatives, the Committee on record should be disclosed to the public or (2) FACA.—Any advisory committee cre- Oversight and Accountability of the House of postponed for disclosure; and ated by the Review Board shall be subject to Representatives shall have continuing legis- (F) retain right-of-appeal directly to the chapter 10 of title 5, United States Code. lative oversight jurisdiction in the House of President for decisions pertaining to execu- (e) SECURITYCLEARANCEREQUIRED.—An in- Representatives with respect to the official tive branch unidentified anomalous phe- dividual employed in any position by the Re- conduct of the Review Board and the disposi- nomena records for which the Executive Di- view Board (including an individual ap- tion of postponed records after termination rector and Review Board members may dis- pointed as Executive Director) shall be re- of the Review Board, and shall have access to agree. quired to qualify for any necessary security any records held or created by the Review (5) REMOVAL.—The Executive Director clearance prior to taking office in that posi- Board. shall not be removed for reasons other for tion, but may be employed conditionally in (3) DUTYTOCOOPERATE.—The Review Board cause on the grounds of inefficiency, neglect accordance with subsection (b)(3)(B) before shall have the duty to cooperate with the ex- of duty, malfeasance in office, physical dis- qualifying for that clearance. ercise of oversight jurisdiction described in ability, mental incapacity, or any other con- SEC. ll09. REVIEW OF RECORDS BY THE UN- this subsection. dition that substantially impairs the per- IDENTIFIED ANOMALOUS PHE- (l) SUPPORT SERVICES.—The Administrator formance of the responsibilities of the Exec- NOMENA RECORDS REVIEW BOARD. of the General Services Administration shall utive Director or the staff of the Review (a) CUSTODY OF RECORDS REVIEWED BY RE- provide administrative services for the Re- Board. VIEW BOARD.—Pending the outcome of a re- view Board on a reimbursable basis. (b) STAFF.— view of activity by the Review Board, a Gov- (m) INTERPRETIVE REGULATIONS.—The Re- (1) IN GENERAL.—The Review Board, with- ernment office shall retain custody of its un- view Board may issue interpretive regula- out regard to the civil service laws, may ap- identified anomalous phenomena records for tions. point and terminate additional personnel as purposes of preservation, security, and effi- (n) TERMINATIONANDWINDINGDOWN.— are necessary to enable the Review Board ciency, unless— (1) INGENERAL.—The Review Board and the and its Executive Director to perform the (1) the Review Board requires the physical terms of its members shall terminate not duties of the Review Board. transfer of records for reasons of conducting later than September 30, 2030, unless ex- (2) QUALIFICATIONS.—Except as provided in an independent and impartial review; or tended by Congress. subparagraph (B), a person appointed to the (2) such transfer is necessary for an admin- (2) REPORTS.—Upon its termination, the staff of the Review Board shall be a citizen of istrative hearing or other official Review Review Board shall submit to the President integrity and impartiality who has had no Board function. and Congress reports, including a complete previous or current involvement with any (b) STARTUP REQUIREMENTS.—The Review and accurate accounting of expenditures dur- legacy program or controlling authority re- Board shall— ing its existence and shall complete all other lating to the collection, exploitation, or re- (1) not later than 90 days after the date of reporting requirements under this title. verse engineering of technologies of un- its appointment, publish a schedule in the (3) TRANSFER OF RECORDS.—Upon termi- known origin or the examination of biologi- Federal Register for review of all unidenti- nation and winding down, the Review Board cal evidence of living or deceased non-human fied anomalous phenomena records; shall transfer all of its records to the Archi- intelligence. (2) not later than 180 days after the date of vist for inclusion in the Collection, and no (3) SECURITYCLEARANCES.—(A) A candidate the enactment of this Act, begin its review record of the Review Board shall be de- for staff shall be granted the necessary secu- of unidentified anomalous phenomena stroyed. rity clearances (including all necessary spe- records under this title; and SEC. ll08. UNIDENTIFIED ANOMALOUS PHE- cial access program clearances) in an accel- (3) periodically thereafter as warranted, NOMENA RECORDS REVIEW BOARD erated manner subject to the standard proce- but not less frequently than semiannually, PERSONNEL. dures for granting such clearances. publish a revised schedule in the Federal (a) EXECUTIVEDIRECTOR.— (B)(i) The Review Board may offer condi- Register addressing the review and inclusion (1) APPOINTMENT.—Not later than 45 days tional employment to a candidate for a staff of any unidentified anomalous phenomena after the date of the enactment of this Act, position pending the completion of security records subsequently discovered. the President shall appoint 1 citizen of the clearance background investigations. During (c) DETERMINATIONS OF THE REVIEW United States, without regard to political af- the pendency of such investigations, the Re- BOARD.— filiation, to the position of Executive Direc- view Board shall ensure that any such em- (1) IN GENERAL.—The Review Board shall tor of the Review Board. This position ployee does not have access to, or responsi- direct that all unidentified anomalous phe- counts as 1 of the 9 Review Board members bility involving, classified or otherwise re- nomena records be transmitted to the Archi- under section ll07(b)(1). stricted unidentified anomalous phenomena vist and disclosed to the public in the Collec- (2) QUALIFICATIONS.—The person appointed record materials. tion in the absence of clear and convincing as Executive Director shall be a private cit- (ii) If a person hired on a conditional basis evidence that— izen of integrity and impartiality who— under clause (i) is denied or otherwise does (A) a Government record is not an uniden- (A) is a distinguished professional; and not qualify for all security clearances nec- tified anomalous phenomena record; or (B) is not a present employee of the Fed- essary to carry out the responsibilities of the (B) a Government record, or particular in- eral Government; and position for which conditional employment formation within an unidentified anomalous VerDate Sep 11 2014 14:27 Jul 14, 2023 Jkt 039060 PO 00000 Frm 00513 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.178 S13JYPT1 ETANES htiw DORP32NQ621KSD no recnepSS S2958 CONGRESSIONAL RECORD—SENATE July 13, 2023 phenomena record, qualifies for postpone- tained in a unidentified anomalous phe- (D) Any special problems, including re- ment of public disclosure under this title. nomena record, obtained or developed solely quests and the level of cooperation of Gov- (2) REQUIREMENTS.—In approving postpone- within the executive branch of the Federal ernment offices, with regard to the ability of ment of public disclosure of a unidentified Government, the President shall— the Review Board to operate as required by anomalous phenomena record, the Review (A) have the sole and nondelegable author- this title. Board shall seek to— ity to require the disclosure or postpone- (E) A record of review activities, including (A) provide for the disclosure of segregable ment of such record or information under a record of postponement decisions by the parts, substitutes, or summaries of such a the standards set forth in section ll06; and Review Board or other related actions au- record; and (B) provide the Review Board with both an thorized by this title, and a record of the vol- (B) determine, in consultation with the unclassified and classified written certifi- ume of records reviewed and postponed. originating body and consistent with the cation specifying the President’s decision (F) Suggestions and requests to Congress standards for postponement under this title, within 30 days after the Review Board’s de- for additional legislative authority needs. which of the following alternative forms of termination and notice to the executive (4) COPIES AND BRIEFS.—Coincident with disclosure shall be made by the originating branch agency as required under this title, the reporting requirements in paragraph (2), body: stating the justification for the President’s or more frequently as warranted by new in- (i) Any reasonably segregable particular decision, including the applicable grounds formation, the Review Board shall provide information in a unidentified anomalous for postponement under section ll06, ac- copies to, and fully brief, at a minimum the phenomena record. companied by a copy of the identification aid President, the Archivist, leadership of Con- (ii) A substitute record for that informa- required under section ll04. gress, and the Chairs and Chairmen, as the tion which is postponed. (2) PERIODIC REVIEW.—(A) Any unidentified case may be, and Ranking Members and Vice (iii) A summary of a unidentified anoma- anomalous phenomena record postponed by Chairmen, as the case may be, of such other lous phenomena record. the President shall henceforth be subject to committees as leadership of Congress deter- (3) CONTROLLED DISCLOSURE CAMPAIGN the requirements of periodic review, down- mines appropriate on the Controlled Disclo- PLAN.—With respect to unidentified anoma- grading, declassification, and public disclo- sure Campaign Plan, classified appendix, and lous phenomena records, particular informa- sure in accordance with the recommended postponed disclosures, specifically address- tion in unidentified anomalous phenomena timeline and associated requirements speci- ing— records, recovered technologies of unknown fied in the Controlled Disclosure Campaign (A) recommendations for periodic review, origin, and biological evidence for non- Plan unless these conflict with the standards downgrading, and declassification as well as human intelligence the public disclosure of set forth in section ll06. the exact time or specified occurrence fol- which is postponed pursuant to section (B) This paragraph supersedes all prior de- lowing which specific unidentified anoma- ll06, or for which only substitutions or classification review standards that may pre- lous phenomena records and material may be summaries have been disclosed to the public, viously have been deemed applicable to un- appropriately disclosed; the Review Board shall create and transmit identified anomalous phenomena records. (B) the rationale behind each postpone- to the President and to the Archivist a Con- (3) RECORD OF PRESIDENTIAL POSTPONE- ment determination and the recommended trolled Disclosure Campaign Plan, with clas- MENT.—The Review Board shall, upon its re- means to achieve disclosure of each post- sified appendix, containing— ceipt— poned item; (A) a description of actions by the Review (A) publish in the Federal Register a copy (C) any other findings that the Review Board, the originating body, the President, of any unclassified written certification, Board chooses to offer; and or any Government office (including a jus- statement, and other materials transmitted (D) an addendum containing copies of re- tification of any such action to postpone dis- by or on behalf of the President with regard ports of postponed records to the Archivist closure of any record or part of any record) to postponement of unidentified anomalous required under subsection (c)(3) made since and of any official proceedings conducted by phenomena records; and the date of the preceding report under this the Review Board with regard to specific un- (B) revise or amend recommendations in subsection. identified anomalous phenomena records; the Controlled Disclosure Campaign Plan ac- (5) NOTICE.—At least 90 calendar days be- and cordingly. fore completing its work, the Review Board (B) a benchmark-driven plan, based upon a (e) NOTICE TO PUBLIC.—Every 30 calendar shall provide written notice to the President review of the proceedings and in conformity days, beginning on the date that is 60 cal- and Congress of its intention to terminate with the decisions reflected therein, recom- endar days after the date on which the Re- its operations at a specified date. mending precise requirements for periodic view Board first approves the postponement (6) BRIEFINGTHEALL-DOMAINANOMALYRES- review, downgrading, and declassification as of disclosure of a unidentified anomalous OLUTION OFFICE.—Coincident with the provi- well as the exact time or specified occur- phenomena record, the Review Board shall sion in paragraph (5), if not accomplished rence following which each postponed item publish in the Federal Register a notice that earlier under paragraph (4), the Review may be appropriately disclosed to the public summarizes the postponements approved by Board shall brief the All-domain Anomaly under this title. the Review Board or initiated by the Presi- Resolution Office established pursuant to (4) NOTICE FOLLOWING REVIEW AND DETER- dent, the Senate, or the House of Represent- section 1683 of the National Defense Author- MINATION.—(A) Following its review and a de- atives, including a description of the subject, ization Act for Fiscal Year 2022 (50 U.S.C. termination that a unidentified anomalous originating agency, length or other physical 3373), or its successor, as subsequently des- phenomena record shall be publicly disclosed description, and each ground for postpone- ignated by Act of Congress, on the Con- in the Collection or postponed for disclosure ment that is relied upon to the maximum ex- trolled Disclosure Campaign Plan, classified and held in the protected Collection, the Re- tent classification restrictions permitting. appendix, and postponed disclosures. view Board shall notify the head of the origi- (f) REPORTSBYTHEREVIEWBOARD.— SEC. ll10. DISCLOSURE OF RECOVERED TECH- nating body of the determination of the Re- (1) IN GENERAL.—The Review Board shall NOLOGIES OF UNKNOWN ORIGIN view Board and publish a copy of the deter- report its activities to the leadership of Con- AND BIOLOGICAL EVIDENCE OF mination in the Federal Register within 14 gress, the Committee on Homeland Security NON-HUMAN INTELLIGENCE. days after the determination is made. and Governmental Affairs of the Senate, the (a) EXERCISE OF EMINENT DOMAIN.—The (B) Contemporaneous notice shall be made Committee on Oversight and Reform of the Federal Government shall exercise eminent domain over any and all recovered tech- to the President for Review Board deter- House of Representatives, the President, the nologies of unknown origin and biological minations regarding unidentified anomalous Archivist, and the head of any Government evidence of non-human intelligence that phenomena records of the executive branch office whose records have been the subject of may be controlled by private persons or enti- of the Federal Government, and to the over- Review Board activity. ties in the interests of the public good. sight committees designated in this title in (2) FIRSTREPORT.—The first report shall be (b) AVAILABILITY TO REVIEW BOARD.—Any the case of records of the legislative branch issued on the date that is 1 year after the and all such material, should it exist, shall of the Federal Government. Such notice date of enactment of this Act, and subse- be made available to the Review Board for shall contain a written unclassified justifica- quent reports every 1 year thereafter until personal examination and subsequent disclo- tion for public disclosure or postponement of termination of the Review Board. sure determination at a location suitable to disclosure, including an explanation of the (3) CONTENTS.—A report under paragraph the controlling authority of said material application of any standards contained in (1) shall include the following information: and in a timely manner conducive to the ob- section ll06. (A) A financial report of the expenses for jectives of the Review Board in accordance (d) PRESIDENTIAL AUTHORITY OVER REVIEW all official activities and requirements of the with the requirements of this title. BOARDDETERMINATION.— Review Board and its personnel. (c) ACTIONSOFREVIEWBOARD.—In carrying (1) PUBLICDISCLOSUREORPOSTPONEMENTOF (B) The progress made on review, trans- out subsection (b), the Review Board shall DISCLOSURE.—After the Review Board has mission to the Archivist, and public disclo- consider and render decisions— made a formal determination concerning the sure of unidentified anomalous phenomena (1) whether the material examined con- public disclosure or postponement of disclo- records. stitutes technologies of unknown origin or sure of an unidentified anomalous phe- (C) The estimated time and volume of un- biological evidence of non-human intel- nomena record of the executive branch of the identified anomalous phenomena records in- ligence beyond a reasonable doubt; Federal Government or information within volved in the completion of the Review (2) whether recovered technologies of un- such a record, or of any information con- Board’s performance under this title. known origin, biological evidence of non- VerDate Sep 11 2014 14:27 Jul 14, 2023 Jkt 039060 PO 00000 Frm 00514 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.178 S13JYPT1 ETANES htiw DORP32NQ621KSD no recnepSS July 13, 2023 CONGRESSIONAL RECORD—SENATE S2959 human intelligence, or a particular subset of tion of deeds governing access to or transfer circumstances shall not be affected by the material qualifies for postponement of dis- or release of gifts and donations of records to invalidation. closure under this title; and the United States Government. (3) what changes, if any, to the current dis- (b) FREEDOM OF INFORMATION ACT.—Noth- SA 798. Mr. OSSOFF (for himself and position of said material should the Federal ing in this title shall be construed to elimi- Mr. ROUNDS) submitted an amendment Government make to facilitate full disclo- nate or limit any right to file requests with intended to be proposed by him to the sure. any executive agency or seek judicial review bill S. 2226, to authorize appropriations (d) REVIEW BOARD ACCESS TO TESTIMONY of the decisions pursuant to section 552 of for fiscal year 2024 for military activi- AND WITNESSES.—The Review Board shall title 5, United States Code. ties of the Department of Defense, for have access to all testimony from unidenti- (c) JUDICIALREVIEW.—Nothing in this title military construction, and for defense fied anomalous phenomena witnesses, close shall be construed to preclude judicial re- activities of the Department of Energy, observers and legacy program personnel and view, under chapter 7 of title 5, United to prescribe military personnel whistleblowers within the Federal Govern- States Code, of final actions taken or re- ment’s possession as of and after the date of quired to be taken under this title. strengths for such fiscal year, and for the enactment of this Act in furtherance of (d) EXISTING AUTHORITY.—Nothing in this other purposes; which was ordered to Review Board disclosure determination re- title revokes or limits the existing authority lie on the table; as follows: sponsibilities in section ll07(h) and sub- of the President, any executive agency, the At the appropriate place in title V, insert section (c) of this section. Senate, or the House of Representatives, or the following: (e) SOLICITATION OF ADDITIONAL WIT- any other entity of the Federal Government SEC. 5ll. PROVISION OF FOOD ASSISTANCE NESSES.—The Review Board shall solicit ad- to publicly disclose records in its possession. PROGRAM INFORMATION AS PART ditional unidentified anomalous phenomena (e) RULES OF THE SENATE AND HOUSE OF OF TRANSITION ASSISTANCE PRO- witness and whistleblower testimony and af- REPRESENTATIVES.—To the extent that any GRAM. ford protections under section 1673(b) of the provision of this title establishes a procedure Section 1142(b) of title 10, United States James M. Inhofe National Defense Author- to be followed in the Senate or the House of Code, is amended by adding at the end the ization Act for Fiscal Year 2023 (50 U.S.C. Representatives, such provision is adopted— following new paragraph: 3373b(b)) if deemed beneficial in fulfilling Re- (1) as an exercise of the rulemaking power ‘‘(20) Information, counseling, and applica- view Board responsibilities under this title. of the Senate and House of Representatives, tion assistance, developed and provided in SEC. ll11. DISCLOSURE OF OTHER MATERIALS respectively, and is deemed to be part of the consultation with the Secretary of Agri- AND ADDITIONAL STUDY. rules of each House, respectively, but appli- culture, regarding the supplemental nutri- (a) MATERIALSUNDERSEALOFCOURT.— cable only with respect to the procedure to tion assistance program established under (1) INFORMATION HELD UNDER SEAL OF A be followed in that House, and it supersedes the Food and Nutrition Act of 2008 (7 U.S.C. COURT.—The Review Board may request the other rules only to the extent that it is in- 2011 et seq.), the special supplemental nutri- Attorney General to petition any court in consistent with such rules; and tion program for women, infants, and chil- the United States or abroad to release any (2) with full recognition of the constitu- dren established by section 17 of the Child information relevant to unidentified anoma- tional right of either House to change the Nutrition Act of 1966 (42 U.S.C. 1786), and any lous phenomena, technologies of unknown rules (so far as they relate to the procedure other Federal food and nutrition assistance origin, or non-human intelligence that is of that House) at any time, in the same man- program administered by the Secretary of held under seal of the court. ner, and to the same extent as in the case of Agriculture.’’. (2) INFORMATIONHELDUNDERINJUNCTIONOF any other rule of that House. SA 799. Mr. OSSOFF submitted an SECRETARY OF GRAND JURY.—(A) The Review SEC. ll13. TERMINATION OF EFFECT OF TITLE. amendment intended to be proposed by Board may request the Attorney General to (a) PROVISIONS PERTAINING TO THE REVIEW him to the bill S. 2226, to authorize ap- petition any court in the United States to BOARD.—The provisions of this title that per- release any information relevant to uniden- tain to the appointment and operation of the propriations for fiscal year 2024 for tified anomalous phenomena, technologies of Review Board shall cease to be effective military activities of the Department unknown origin, or non-human intelligence when the Review Board and the terms of its of Defense, for military construction, that is held under the injunction of secrecy members have terminated pursuant to sec- and for defense activities of the De- of a grand jury. tion ll07(n). partment of Energy, to prescribe mili- (B) A request for disclosure of unidentified (b) OTHER PROVISIONS.—(1) The remaining tary personnel strengths for such fiscal anomalous phenomena, technologies of un- provisions of this title shall continue in ef- year, and for other purposes; which was known origin, and non-human intelligence fect until such time as the Archivist certifies ordered to lie on the table; as follows: materials under this title shall be deemed to to the President and Congress that all un- constitute a showing of particularized need identified anomalous phenomena records At the appropriate place in title VIII, in- sert the following: under rule 6 of the Federal Rules of Criminal have been made available to the public in ac- Procedure. cordance with this title. SEC. ll. MODIFICATION OF COMMERCIAL ITEM (b) SENSE OF CONGRESS.—It is the sense of (2) In facilitation of the provision in para- EXCEPTION TO CERTIFIED COST OR PRICING DATA REQUIREMENTS. the Congress that— graph (1), the All-domain Anomaly Resolu- Section 3703(a)(2) of title 10, United States (1) the Attorney General should assist the tion Office established pursuant to section Code, is amended by inserting ‘‘other than Review Board in good faith to unseal any 1683 of the National Defense Authorization through a sole source acquisition of a com- records that the Review Board determines to Act for Fiscal Year 2022 (50 U.S.C. 3373), or mercial product or service that is not a com- be relevant and held under seal by a court or its successor as subsequently designated by mercially available off-the-shelf item (as under the injunction of secrecy of a grand Act of Congress, shall develop standardized that term is defined in section 104 of title jury; unidentified anomalous phenomena declas- 41)’’ after ‘‘commercial product or a commer- (2) the Secretary of State should contact sification guidance applicable to any and all cial service’’. any foreign government that may hold mate- unidentified anomalous phenomena records rial relevant to unidentified anomalous phe- generated by originating bodies subsequent SA 800. Ms. CORTEZ MASTO (for nomena, technologies of unknown origin, or to termination of the Review Board con- herself, Mr. DAINES, Ms. ROSEN, and non-human intelligence and seek disclosure sistent with the requirements and intent of Ms. ERNST) submitted an amendment of such material; and the Controlled Disclosure Campaign Plan intended to be proposed by her to the (3) all heads of Executive agencies should with respect to unidentified anomalous phe- bill S. 2226, to authorize appropriations cooperate in full with the Review Board to nomena records originated prior to Review for fiscal year 2024 for military activi- seek the disclosure of all material relevant Board termination. to unidentified anomalous phenomena, tech- SEC. ll14. AUTHORIZATION OF APPROPRIA- ties of the Department of Defense, for nologies of unknown origin, and non-human TIONS. military construction, and for defense intelligence consistent with the public inter- (a) INGENERAL.—There is authorized to be activities of the Department of Energy, est. appropriated to carry out the provisions of to prescribe military personnel SEC. ll12. RULES OF CONSTRUCTION. this title $20,000,000 for fiscal year 2024. strengths for such fiscal year, and for (a) PRECEDENCE OVER OTHER LAW.—When (b) INTERIM FUNDING.—Until such time as other purposes; which was ordered to this title requires transmission of a record to funds are appropriated pursuant to sub- lie on the table; as follows: the Archivist or public disclosure, it shall section (a), the President may use such sums At the end of subtitle A of title XII, add take precedence over any other provision of as are available for discretionary use to the following: law (except section 6103 of the Internal Rev- carry out this title. SEC. 1213. REPORT ON COORDINATION WITH PRI- enue Code of 1986 specifying confidentiality SEC. ll15. SEVERABILITY. VATE ENTITIES AND STATE GOVERN- and disclosure of tax returns and tax return If any provision of this title or the applica- MENTS WITH RESPECT TO THE information), judicial decision construing tion thereof to any person or circumstance is STATE PARTNERSHIP PROGRAM. such provision of law, or common law doc- held invalid, the remainder of this title and (a) INGENERAL.— The Secretary of Defense trine that would otherwise prohibit such the application of that provision to other shall submit to Congress a report on the fea- transmission or disclosure, with the excep- persons not similarly situated or to other sibility of coordinating with private entities VerDate Sep 11 2014 14:27 Jul 14, 2023 Jkt 039060 PO 00000 Frm 00515 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.178 S13JYPT1 ETANES htiw DORP32NQ621KSD no recnepSS