CREC 2024 07 11 pt1 PgS4943

Summary

July 11, 2024 CONGRESSIONAL RECORD—SENATE S4943 (2) the term ‘‘MedShield’’ has the meaning en inadequate in achieving the timely public known origin or examine biological evidence given the term ‘‘BioShield’’ in the final re- disclosure of Government unidentified anom- of living or deceased non-human intelligence port of the Commission submitted under sec- alous phenomena records that are subject to that pre-dates the date of the enactment of tion 1051(c)(2) of the John S. McCain Na- mandatory d…

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July 11, 2024 CONGRESSIONAL RECORD—SENATE S4943 (2) the term ‘‘MedShield’’ has the meaning en inadequate in achieving the timely public known origin or examine biological evidence given the term ‘‘BioShield’’ in the final re- disclosure of Government unidentified anom- of living or deceased non-human intelligence port of the Commission submitted under sec- alous phenomena records that are subject to that pre-dates the date of the enactment of tion 1051(c)(2) of the John S. McCain Na- mandatory declassification review. this Act. tional Defense Authorization Act for Fiscal (6) Legislation is necessary to restore prop- (12) NATIONAL ARCHIVES.—The term ‘‘Na- Year 2019 (132 Stat. 1965; Public Law 115–232); er oversight over unidentified anomalous tional Archives’’ means the National Ar- and phenomena records by elected officials in chives and Records Administration and all (3) the term ‘‘National Security Commis- both the executive and legislative branches components thereof, including presidential sion on Artificial Intelligence’’ means such of the Federal Government that has other- archival depositories established under sec- commission established under section 1051 of wise been lacking as of the enactment of this tion 2112 of title 44, United States Code. the John S. McCain National Defense Au- Act. (13) NON-HUMAN INTELLIGENCE.—The term thorization Act for Fiscal Year 2019 (132 Stat. (7) Legislation is necessary to afford com- ‘‘non-human intelligence’’ means any sen- 1962; Public Law 115–232). plete and timely access to all knowledge tient intelligent non-human lifeform regard- (f) AUTHORIZATION OF APPROPRIATIONS.— gained by the Federal Government con- less of nature or ultimate origin that may be For purposes of carrying out the MedShield cerning unidentified anomalous phenomena presumed responsible for unidentified anom- program, there are authorized to be appro- in furtherance of comprehensive open sci- alous phenomena or of which the Federal priated to the Secretary— entific and technological research and devel- Government has become aware. (1) $300,000,000forfiscalyear2025;opmentessentialtoavoidingormitigating(14)ORIGINATINGBODY.—Theterm‘‘origi-(2)$350,000,000 for fiscal year 2026; potential technological surprise in further- nating body’’ means the Executive agency, (3) $400,000,000forfiscalyear2027;anceofurgentnationalsecurityconcernsFederalGovernmentcommission,committee(4)$450,000,000 for fiscal year 2028; and and the public interest. of Congress, or other Governmental entity (5) $500,000,000 for fiscal year 2029, (b) PURPOSES.—The purposes of this divi- that created a record or particular informa- to remain available until expended. sion are— tion within a record. (1) to provide for the creation of the un- (15) PROSAIC ATTRIBUTION.—The term ‘‘pro- SA 2610. Mr. ROUNDS (for himself identified anomalous phenomena Records saic attribution’’ means having a human (ei- and Mr. SCHUMER) submitted an Collection at the National Archives and ther foreign or domestic) origin and oper- amendment intended to be proposed by Records Administration; and ating according to current, proven, and gen- him to the bill S. 4638, to authorize ap- (2) to require the expeditious public trans- erally understood scientific and engineering propriations for fiscal year 2025 for mission to the Archivist and public disclo- principles and established laws-of-nature and military activities of the Department sure of such records. not attributable to non-human intelligence. of Defense, for military construction, SEC. ll03. DEFINITIONS. (16) PUBLIC INTEREST.—The term ‘‘public In this division: interest’’ means the compelling interest in and for defense activities of the De- (1) ARCHIVIST.—The term ‘‘Archivist’’ the prompt public disclosure of unidentified partment of Energy, to prescribe mili- means the Archivist of the United States. anomalous phenomena records for historical tary personnel strengths for such fiscal (2) CLOSE OBSERVER.—The term ‘‘close ob- and Governmental purposes and for the pur- year, and for other purposes; which was server’’ means anyone who has come into pose of fully informing the people of the ordered to lie on the table; as follows: close proximity to unidentified anomalous United States about the history of the Fed- At the appropriate place, insert the fol- phenomena or non-human intelligence. eral Government’s knowledge and involve- lowing: (3) COLLECTION.—The term ‘‘Collection’’ ment surrounding unidentified anomalous means the Unidentified Anomalous Phe- phenomena. DIVISION l—UNIDENTIFIED ANOMALOUS nomena Records Collection established (17) RECORD.—The term ‘‘record’’ includes PHENOMENA DISCLOSURE under section ll04. a book, paper, report, memorandum, direc- SEC. ll01. SHORT TITLE. (4) CONTROLLED DISCLOSURE CAMPAIGN tive, email, text, or other form of commu- This division may be cited as the ‘‘Uniden- PLAN.—The term ‘‘Controlled Disclosure nication, or map, photograph, sound or video tified Anomalous Phenomena Disclosure Act Campaign Plan’’ means the Controlled Dis- recording, machine-readable material, com- of 2024’’ or the ‘‘UAP Disclosure Act of 2024’’. closure Campaign Plan required by section puterized, digitized, or electronic informa- SEC. ll02. FINDINGS, DECLARATIONS, AND PUR- ll09(c)(3). tion, including intelligence, surveillance, re- POSES. (5) CONTROLLING AUTHORITY.—The term connaissance, and target acquisition sensor (a) FINDINGS AND DECLARATIONS.—Congress ‘‘controlling authority’’ means any Federal, data, regardless of the medium on which it is finds and declares the following: State, or local government department, of- stored, or other documentary material, re- (1) All Federal Government records related fice, agency, committee, commission, com- gardless of its physical form or characteris- to unidentified anomalous phenomena mercial company, academic institution, or tics. should be preserved and centralized for his- private sector entity in physical possession (18) REVIEW BOARD.—The term ‘‘Review torical and Federal Government purposes. of technologies of unknown origin or biologi- Board’’ means the Unidentified Anomalous (2) All Federal Government records con- cal evidence of non-human intelligence. Phenomena Records Review Board estab- cerning unidentified anomalous phenomena (6) DIRECTOR.—The term ‘‘Director’’ means lished by section ll07. should carry a presumption of immediate the Director of the Office of Government (19) TECHNOLOGIES OF UNKNOWN ORIGIN.— disclosure and all records should be eventu- Ethics. The term ‘‘technologies of unknown origin’’ ally disclosed to enable the public to become (7) EXECUTIVE AGENCY.—The term ‘‘Execu- means any materials or meta-materials, fully informed about the history of the Fed- tive agency’’ means an Executive agency, as ejecta, crash debris, mechanisms, machin- eral Government’s knowledge and involve- defined in subsection 552(f) of title 5, United ery, equipment, assemblies or sub-assem- ment surrounding unidentified anomalous States Code. blies, engineering models or processes, dam- phenomena. (8) GOVERNMENT OFFICE.—The term ‘‘Gov- aged or intact aerospace vehicles, and dam- (3) Legislation is necessary to create an en- ernment office’’ means any department, of- aged or intact ocean-surface and undersea forceable, independent, and accountable fice, agency, committee, or commission of craft associated with unidentified anomalous process for the public disclosure of such the Federal Government and any inde- phenomena or incorporating science and records. pendent office or agency without exception technology that lacks prosaic attribution or (4) Legislation is necessary because cred- that has possession or control, including via known means of human manufacture. ible evidence and testimony indicates that contract or other agreement, of unidentified (20) TEMPORARILY NON-ATTRIBUTED OB- Federal Government unidentified anomalous anomalous phenomena records. JECTS.— phenomena records exist that have not been (9) IDENTIFICATION AID.—The term ‘‘identi- (A) IN GENERAL.—The term ‘‘temporarily declassified or subject to mandatory declas- fication aid’’ means the written description non-attributed objects’’ means the class of sification review as set forth in Executive prepared for each record, as required in sec- objects that temporarily resist prosaic attri- Order 13526 (50 U.S.C. 3161 note; relating to tion ll04. bution by the initial observer as a result of classified national security information) due (10) LEADERSHIP OF CONGRESS.—The term environmental or system limitations associ- in part to exemptions under the Atomic En- ‘‘leadership of Congress’’ means— ated with the observation process that nev- ergy Act of 1954 (42 U.S.C. 2011 et seq.), as (A) the majority leader of the Senate; ertheless ultimately have an accepted well as an over-broad interpretation of (B) the minority leader of the Senate; human origin or known physical cause. Al- ‘‘transclassified foreign nuclear informa- (C) the Speaker of the House of Represent- though some unidentified anomalous phe- tion’’, which is also exempt from mandatory atives; and nomena may at first be interpreted as tem- declassification, thereby preventing public (D) the minority leader of the House of porarily non-attributed objects, they are not disclosure under existing provisions of law. Representatives. temporarily non-attributed objects, and the (5) Legislation is necessary because section (11) LEGACY PROGRAM.—The term ‘‘legacy two categories are mutually exclusive. 552 of title 5, United States Code (commonly program’’ means all Federal, State, and local (B) INCLUSION.—The term ‘‘temporarily referred to as the ‘‘Freedom of Information government, commercial industry, academic, non-attributed objects’’ includes— Act’’), as implemented by the Executive and private sector endeavors to collect, ex- (i) natural celestial, meteorological, and branch of the Federal Government, has prov- ploit, or reverse engineer technologies of un- undersea weather phenomena; VerDate Sep 11 2014 07:50 Jul 13, 2024 Jkt 049060 PO 00000 Frm 00415 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.163 S11JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd

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S4944 CONGRESSIONAL RECORD—SENATE July 11, 2024 (ii) mundane human-made airborne ob- (R) the National Archives and Records Ad- graph (1)(A) for the copying of an unidenti- jects, clutter, and marine debris; ministration; fied anomalous phenomena record shall be (iii) Federal, State, and local government, (S) any Presidential library; such amount as the Archivist determines ap- commercial industry, academic, and private (T) any Executive agency; propriate to cover the costs incurred by the sector aerospace platforms; (U) any independent office or agency; National Archives in making and providing (iv) Federal, State, and local government, (V) any other department, office, agency, such copy, except that in no case may the commercial industry, academic, and private committee, or commission of the Federal amount of the fee charged exceed the actual sector ocean-surface and undersea vehicles; Government; expenses incurred by the National Archives and (W) any State or local government depart- in making and providing such copy. (v) known foreign systems. ment, office, agency, committee, or commis- (d) ADDITIONALREQUIREMENTS.— (21) THIRDAGENCY.—The term ‘‘third agen- sion that provided support or assistance or (1) USE OF FUNDS.—The Collection shall be cy’’ means a Government agency that origi- performed work, in connection with a Fed- preserved, protected, archived, digitized, and nated a unidentified anomalous phenomena eral inquiry into unidentified anomalous made available to the public at the National record that is in the possession of another phenomena, technologies of unknown origin, Archives and via the official National Ar- Government agency. or non-human intelligence; and chives online database using appropriations (22) UNIDENTIFIED ANOMALOUS PHE- (X) any private sector person or entity for- authorized, specified, and restricted for use NOMENA.— merly or currently under contract or some under the terms of this Act. (A) IN GENERAL.—The term ‘‘unidentified other agreement with the Federal Govern- (2) SECURITY OF RECORDS.—The National anomalous phenomena’’ means any object ment. Security Program Office at the National Ar- operating or judged capable of operating in SEC. ll04. UNIDENTIFIED ANOMALOUS PHE- chives, in consultation with the National Ar- outer-space, the atmosphere, ocean surfaces, NOMENA RECORDS COLLECTION AT chives Information Security Oversight Of- or undersea lacking prosaic attribution due THE NATIONAL ARCHIVES AND fice, shall establish a program to ensure the to performance characteristics and prop- RECORDS ADMINISTRATION. security of the postponed unidentified anom- erties not previously known to be achievable (a) ESTABLISHMENT.— alous phenomena records in the protected, based upon commonly accepted physical (1) INGENERAL.—(A) Not later than 60 days and yet-to-be disclosed or classified portion principles. Unidentified anomalous phe- after the date of the enactment of this Act, of the Collection. nomena are differentiated from both attrib- the Archivist shall commence establishment (e) OVERSIGHT.— uted and temporarily non-attributed objects of a collection of records in the National Ar- (1) SENATE.—The Committee on Homeland by one or more of the following observables: chives to be known as the ‘‘Unidentified Security and Governmental Affairs of the (i) Instantaneous acceleration absent ap- Anomalous Phenomena Records Collection’’. Senate shall have continuing legislative parent inertia. (B) In carrying out subparagraph (A), the oversight jurisdiction in the Senate with re- (ii) Hypersonic velocity absent a thermal Archivist shall ensure the physical integrity spect to the Collection. signature and sonic shockwave. and original provenance (or if indeterminate, (2) HOUSE OF REPRESENTATIVES.—The Com- (iii) Transmedium (such as space-to-ground the earliest historical owner) of all records mittee on Oversight and Accountability of and air-to-undersea) travel. in the Collection. the House of Representatives shall have con- (iv) Positive lift contrary to known aero- (C) The Collection shall consist of record tinuing legislative oversight jurisdiction in dynamic principles. copies of all Government, Government-pro- the House of Representatives with respect to (v) Multispectral signature control. vided, or Government-funded records relat- the Collection. (vi) Physical or invasive biological effects ing to unidentified anomalous phenomena, SEC. ll05. REVIEW, IDENTIFICATION, TRANS- to close observers and the environment. technologies of unknown origin, and non- MISSION TO THE NATIONAL AR- (B) INCLUSIONS.—The term ‘‘unidentified human intelligence (or equivalent subjects CHIVES, AND PUBLIC DISCLOSURE anomalous phenomena’’ includes what were by any other name with the specific and sole OF UNIDENTIFIED ANOMALOUS PHE- NOMENA RECORDS BY GOVERN- previously described as— exclusion of temporarily non-attributed ob- MENT OFFICES. (i) flying discs; jects), which shall be transmitted to the Na- (a) IDENTIFICATION, ORGANIZATION, AND (ii) flying saucers; tional Archives in accordance with section PREPARATIONFORTRANSMISSION.— (iii) unidentified aerial phenomena; 2107 of title 44, United States Code. (1) IN GENERAL.—As soon as practicable (iv) unidentified flying objects (UFOs); and (D) The Archivist shall prepare and publish after the date of the enactment of this Act, (v) unidentified submerged objects (USOs). a subject guidebook and index to the Collec- each head of a Government office shall— (23) UNIDENTIFIED ANOMALOUS PHENOMENA tion. (A) identify and organize records in the RECORD.—The term ‘‘unidentified anomalous (2) CONTENTS.—The Collection shall include possession of the Government office or under phenomena record’’ means a record that is the following: the control of the Government office relat- related to unidentified anomalous phe- (A) All unidentified anomalous phenomena ing to unidentified anomalous phenomena; nomena, technologies of unknown origin, or records, regardless of age or date of cre- and non-human intelligence (and all equivalent ation— (B) prepare such records for transmission subjects by any other name with the specific (i) that have been transmitted to the Na- to the Archivist for inclusion in the Collec- and sole exclusion of temporarily non-attrib- tional Archives or disclosed to the public in tion. uted objects) that was created or made avail- an unredacted form prior to the date of the (2) PROHIBITIONS.—(A) No unidentified able for use by, obtained by, or otherwise enactment of this Act; anomalous phenomena record shall be de- came into the possession of— (ii) that are required to be transmitted to stroyed, altered, or mutilated in any way. (A) the Executive Office of the President; the National Archives; and (B) No unidentified anomalous phenomena (B) the Department of Defense and its pro- (iii) that the disclosure of which is post- record made available or disclosed to the genitors, the Department of War and the De- poned under this Act. public prior to the date of the enactment of partment of the Navy; (B) A central directory comprised of iden- this Act may be withheld, redacted, post- (C) the Department of the Army; tification aids created for each record trans- poned for public disclosure, or reclassified. (D) the Department of the Navy; mitted to the Archivist under section ll05. (C) No unidentified anomalous phenomena (E) the Department of the Air Force, spe- (C) All Review Board records as required record created by a person or entity outside cifically the Air Force Office of Special In- by this Act. the Federal Government (excluding names or vestigations; (b) DISCLOSURE OF RECORDS.—All unidenti- identities consistent with the requirements (F) the Department of Energy and its pro- fied anomalous phenomena records trans- of section ll06) shall be withheld, redacted, genitors, the Manhattan Project, the Atomic mitted to the National Archives for disclo- postponed for public disclosure, or reclassi- Energy Commission, and the Energy Re- sure to the public shall— fied. search and Development Administration; (1) be included in the Collection; and (b) CUSTODY OF UNIDENTIFIED ANOMALOUS (G) the Office of the Director of National (2) be available to the public— PHENOMENARECORDSPENDINGREVIEW.—Dur- Intelligence; (A) for inspection and copying at the Na- ing the review by the heads of Government (H) the Central Intelligence Agency and its tional Archives within 30 days after their offices under subsection (c) and pending re- progenitor, the Office of Strategic Services; transmission to the National Archives; and view activity by the Review Board, each (I) the National Reconnaissance Office; (B) digitally via the National Archives on- head of a Government office shall retain cus- (J) the Defense Intelligence Agency; line database within a reasonable amount of tody of the unidentified anomalous phe- (K) the National Security Agency; time not to exceed 180 days thereafter. nomena records of the office for purposes of (L) the National Geospatial-Intelligence (c) FEESFORCOPYING.— preservation, security, and efficiency, un- Agency; (1) INGENERAL.—The Archivist shall— less— (M) the National Aeronautics and Space (A) charge fees for copying unidentified (1) the Review Board requires the physical Administration: anomalous phenomena records; and transfer of the records for purposes of con- (N) the Federal Bureau of Investigation; (B) grant waivers of such fees pursuant to ducting an independent and impartial re- (O) the Federal Aviation Administration; the standards established by section 552(a)(4) view; (P) the National Oceanic and Atmospheric of title 5, United States Code. (2) transfer is necessary for an administra- Administration; (2) AMOUNT OF FEES.—The amount of a fee tive hearing or other Review Board function; (Q) the Library of Congress; charged by the Archivist pursuant to para- or VerDate Sep 11 2014 07:50 Jul 13, 2024 Jkt 049060 PO 00000 Frm 00416 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.164 S11JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd

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July 11, 2024 CONGRESSIONAL RECORD—SENATE S4945 (3) it is a third agency record described in title 44, United States Code, shall have as a protected, yet-to-be disclosed, or classified subsection (c)(2)(C). priority the expedited review for public dis- portion of the Collection. (c) REVIEW BY HEADS OF GOVERNMENT OF- closure of unidentified anomalous phe- (f) CUSTODY OF POSTPONED UNIDENTIFIED FICES.— nomena records in the possession and cus- ANOMALOUS PHENOMENA RECORDS.—An un- (1) IN GENERAL.—Not later than 300 days tody of the depository, and shall make such identified anomalous phenomena record the after the date of the enactment of this Act, records available to the Review Board as re- public disclosure of which has been post- each head of a Government office shall re- quired by this division. poned shall, pending transmission to the Ar- view, identify, and organize each unidenti- (d) IDENTIFICATIONAIDS.— chivist, be held for reasons of security and fied anomalous phenomena record in the cus- (1) INGENERAL.—(A) Not later than 45 days preservation by the originating body until tody or possession of the office for— after the date of the enactment of this Act, such time as the information security pro- (A) disclosure to the public; the Archivist, in consultation with the heads gram has been established at the National (B) review by the Review Board; and of such Government offices as the Archivist Archives as required in section ll04(d)(2). (C) transmission to the Archivist. considers appropriate, shall prepare and (g) PERIODICREVIEWOFPOSTPONEDUNIDEN- (2) REQUIREMENTS.—In carrying out para- make available to all Government offices a TIFIEDANOMALOUSPHENOMENARECORDS.— graph (1), the head of a Government office standard form of identification, or finding (1) INGENERAL.—All postponed or redacted shall— aid, for use with each unidentified anoma- records shall be reviewed periodically by the (A) determine which of the records of the lous phenomena record subject to review originating agency and the Archivist con- office are unidentified anomalous phe- under this division whether in hardcopy sistent with the recommendations of the Re- nomena records; (physical), softcopy (electronic), or digitized view Board in the Controlled Disclosure (B) determine which of the unidentified data format as may be appropriate. Campaign Plan under section ll09(c)(3)(B). anomalous phenomena records of the office (B) The Archivist shall ensure that the (2) REQUIREMENTS.—(A) A periodic review have been officially disclosed or made pub- identification aid program is established in under paragraph (1) shall address the public licly available in a complete and unredacted such a manner as to result in the creation of disclosure of additional unidentified anoma- form; a uniform system for cataloging and finding lous phenomena records in the Collection (C)(i) determine which of the unidentified every unidentified anomalous phenomena under the standards of this division. anomalous phenomena records of the office, record subject to review under this division (B) All postponed unidentified anomalous or particular information contained in such where ever and how ever stored in hardcopy phenomena records determined to require a record, was created by a third agency or by (physical), softcopy (electronic), or digitized continued postponement shall require an un- another Government office; and data format. classified written description of the reason (ii) transmit to a third agency or other (2) REQUIREMENTS FOR GOVERNMENT OF- for such continued postponement relevant to Government office those records, or par- FICES.—Upon completion of an identification these specific records. Such description shall ticular information contained in those aid using the standard form of identification be provided to the Archivist and published in records, or complete and accurate copies prepared and made available under subpara- the Federal Register upon determination. thereof; graph (A) of paragraph (1) for the program (C) The time and release requirements (D)(i) determine whether the unidentified established pursuant to subparagraph (B) of specified in the Controlled Disclosure Cam- anomalous phenomena records of the office such paragraph, the head of a Government paign Plan shall be revised or amended only or particular information in unidentified office shall— if the Review Board is still in session and anomalous phenomena records of the office (A) attach a printed copy to each physical concurs with the rationale for postponement, are covered by the standards for postpone- unidentified anomalous phenomena record, subject to the limitations in section ment of public disclosure under this division; and an electronic copy to each softcopy or ll09(d)(1). and digitized data unidentified anomalous phe- (D) The periodic review of postponed un- (ii) specify on the identification aid re- nomena record, the identification aid de- identified anomalous phenomena records quired by subsection (d) the applicable post- scribes; shall serve to downgrade and declassify secu- ponement provision contained in section (B) transmit to the Review Board a printed rity classified information. ll06; copy for each physical unidentified anoma- (E) Each unidentified anomalous phe- (E) organize and make available to the Re- lous phenomena record and an electronic nomena record shall be publicly disclosed in view Board all unidentified anomalous phe- copy for each softcopy or digitized data un- full, and available in the Collection, not nomena records identified under subpara- identified anomalous phenomena record the later than the date that is 25 years after the graph (D) the public disclosure of, which in- identification aid describes; and date of the first creation of the record by the whole or in-part, may be postponed under (C) attach a printed copy to each physical originating body, unless the President cer- this division; unidentified anomalous phenomena record, tifies, as required by this division, that— (F) organize and make available to the Re- and an electronic copy to each softcopy or (i) continued postponement is made nec- view Board any record concerning which the digitized data unidentified anomalous phe- essary by an identifiable harm to the mili- office has any uncertainty as to whether the nomena record the identification aid de- tary defense, intelligence operations, law en- record is an unidentified anomalous phe- scribes, when transmitted to the Archivist. forcement, or conduct of foreign relations; nomena record governed by this division; (3) RECORDS OF THE NATIONAL ARCHIVES and (G) give precedence of work to— THATAREPUBLICLYAVAILABLE.—Unidentified (ii) the identifiable harm is of such gravity (i) the identification, review, and trans- anomalous phenomena records which are in that it outweighs the public interest in dis- mission of unidentified anomalous phe- the possession of the National Archives on closure. nomena records not already publicly avail- the date of the enactment of this Act, and (h) REQUIREMENTS FOR EXECUTIVE AGEN- able or disclosed as of the date of the enact- which have been publicly available in their CIES.— ment of this Act; entirety without redaction, shall be made (1) INGENERAL.—Executive agencies shall— (ii) the identification, review, and trans- available in the Collection without any addi- (A) transmit digital records electronically mission of all records that most unambig- tional review by the Review Board or an- in accordance with section 2107 of title 44, uously and definitively pertain to unidenti- other authorized office under this division, United States Code; fied anomalous phenomena, technologies of and shall not be required to have such an (B) charge fees for copying unidentified unknown origin, and non-human intel- identification aid unless required by the Ar- anomalous phenomena records; and ligence; chivist. (C) grant waivers of such fees pursuant to (iii) the identification, review, and trans- (e) TRANSMISSION TO THE NATIONAL AR- the standards established by section 552(a)(4) mission of unidentified anomalous phe- CHIVES.—Each head of a Government office of title 5, United States Code. nomena records that on the date of the en- shall— (2) AMOUNT OF FEES.—The amount of a fee actment of this Act are the subject of litiga- (1) transmit to the Archivist, and make charged by the head of an Executive agency tion under section 552 of title 5, United immediately available to the public, all un- pursuant to paragraph (1)(B) for the copying States Code; and identified anomalous phenomena records of of an unidentified anomalous phenomena (iv) the identification, review, and trans- the Government office that can be publicly record shall be such amount as the head de- mission of unidentified anomalous phe- disclosed, including those that are publicly termines appropriate to cover the costs in- nomena records with earliest provenance available on the date of the enactment of curred by the Executive agency in making when not inconsistent with clauses (i) this Act, without any redaction, adjustment, and providing such copy, except that in no through (iii) and otherwise feasible; and or withholding under the standards of this case may the amount of the fee charged ex- (H) make available to the Review Board division; and ceed the actual expenses incurred by the Ex- any additional information and records that (2) transmit to the Archivist upon approval ecutive agency in making and providing such the Review Board has reason to believe the for postponement by the Review Board or copy. Review Board requires for conducting a re- upon completion of other action authorized SEC. ll06. GROUNDS FOR POSTPONEMENT OF view under this division. by this division, all unidentified anomalous PUBLIC DISCLOSURE OF UNIDENTI- (3) PRIORITY OF EXPEDITED REVIEW FOR DI- phenomena records of the Government office FIED ANOMALOUS PHENOMENA RECTORS OF CERTAIN ARCHIVAL DEPOSI- the public disclosure of which has been post- RECORDS. TORIES.—The Director of each archival de- poned, in whole or in part, under the stand- Disclosure of unidentified anomalous phe- pository established under section 2112 of ards of this division, to become part of the nomena records or particular information in VerDate Sep 11 2014 07:50 Jul 13, 2024 Jkt 049060 PO 00000 Frm 00417 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.164 S11JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd

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S4946 CONGRESSIONAL RECORD—SENATE July 11, 2024 unidentified anomalous phenomena records (viii) The American Historical Association. land Security and Governmental Affairs of to the public may be postponed subject to (ix) Such other persons and organizations the Senate for consideration. the limitations of this division if there is as the President considers appropriate. (e) VACANCY.—A vacancy on the Review clear and convincing evidence that— (B) If an individual or organization de- Board shall be filled in the same manner as (1) the threat to the military defense, in- scribed in subparagraph (A) does not rec- specified for original appointment within 30 telligence operations, or conduct of foreign ommend at least 2 nominees meeting the days of the occurrence of the vacancy. relations of the United States posed by the qualifications stated in paragraph (5) by the (f) REMOVALOFREVIEWBOARDMEMBER.— public disclosure of the unidentified anoma- date that is 45 days after the date of the en- (1) INGENERAL.—No member of the Review lous phenomena record is of such gravity actment of this Act, the President shall con- Board shall be removed from office, other that it outweighs the public interest in dis- sider for nomination the persons rec- than— closure, and such public disclosure would re- ommended by the other individuals and orga- (A) by impeachment and conviction; or veal— nizations described in such subparagraph. (B) by the action of the President for inef- (A) an intelligence agent whose identity (C) The President may request an indi- ficiency, neglect of duty, malfeasance in of- currently requires protection; vidual or organization described in subpara- fice, physical disability, mental incapacity, (B) an intelligence source or method which graph (A) to submit additional nominations. or any other condition that substantially is currently utilized, or reasonably expected (4) QUALIFICATIONS.—Persons nominated to impairs the performance of the member’s du- to be utilized, by the Federal Government the Review Board— ties. and which has not been officially disclosed, (A) shall be impartial citizens, none of (2) NOTICEOFREMOVAL.—(A) If a member of the disclosure of which would interfere with whom shall have had any previous or current the Review Board is removed from office, the conduct of intelligence activities; or involvement with any legacy program or and that removal is by the President, not (C) any other matter currently relating to controlling authority relating to the collec- later than 10 days after the removal, the the military defense, intelligence operations, tion, exploitation, or reverse engineering of President shall submit to the leadership of or conduct of foreign relations of the United technologies of unknown origin or the exam- Congress, the Committee on Homeland Secu- States, the disclosure of which would demon- ination of biological evidence of living or de- rity and Governmental Affairs of the Senate strably and substantially impair the na- ceased non-human intelligence; and the Committee on Oversight and Reform tional security of the United States; (B) shall be distinguished persons of high of the House of Representatives a report (2) the public disclosure of the unidentified national professional reputation in their re- specifying the facts found and the grounds anomalous phenomena record would reveal spective fields who are capable of exercising for the removal. the name or identity of a living person who the independent and objective judgment nec- (B) The President shall publish in the Fed- provided confidential information to the essary to the fulfillment of their role in en- eral Register a report submitted under sub- Federal Government and would pose a sub- suring and facilitating the review, trans- paragraph (A), except that the President stantial risk of harm to that person; mission to the public, and public disclosure may, if necessary to protect the rights of a (3) the public disclosure of the unidentified of records related to the government’s under- person named in the report or to prevent anomalous phenomena record could reason- standing of, and activities associated with undue interference with any pending pros- ably be expected to constitute an unwar- unidentified anomalous phenomena, tech- ecution, postpone or refrain from publishing ranted invasion of personal privacy, and that nologies of unknown origin, and non-human any or all of the report until the completion invasion of privacy is so substantial that it intelligence and who possess an appreciation of such pending cases or pursuant to privacy outweighs the public interest; or of the value of such material to the public, protection requirements in law. (4) the public disclosure of the unidentified scholars, and government; and (3) JUDICIAL REVIEW.—(A) A member of the anomalous phenomena record would com- (C) shall include at least— Review Board removed from office may ob- promise the existence of an understanding of (i) 1 current or former national security of- tain judicial review of the removal in a civil confidentiality currently requiring protec- ficial; action commenced in the United States Dis- tion between a Federal Government agent (ii) 1 current or former foreign service offi- trict Court for the District of Columbia. and a cooperating individual or a foreign cial; (B) The member may be reinstated or government, and public disclosure would be (iii) 1 scientist or engineer; granted other appropriate relief by order of so harmful that it outweighs the public in- (iv) 1 economist; the court. terest. (v) 1 professional historian; and (g) COMPENSATIONOFMEMBERS.— SEC. ll07. ESTABLISHMENT AND POWERS OF (vi) 1 sociologist. (1) IN GENERAL.—A member of the Review THE UNIDENTIFIED ANOMALOUS (5) MANDATORY CONFLICTS OF INTEREST RE- Board, other than the Executive Director PHENOMENA RECORDS REVIEW VIEW.— under section ll08(c)(1), shall be com- BOARD. (A) IN GENERAL.—The Director shall con- pensated at a rate equal to the daily equiva- (a) ESTABLISHMENT.—There is established duct a review of each individual nominated lent of the annual rate of basic pay pre- as an independent agency a board to be and appointed to the position of member of scribed for level IV of the Executive Sched- known as the ‘‘Unidentified Anomalous Phe- the Review Board to ensure the member does ule under section 5315 of title 5, United nomena Records Review Board’’. not have any conflict of interest during the States Code, for each day (including travel (b) APPOINTMENT.— term of the service of the member. time) during which the member is engaged in (1) IN GENERAL.—The President, by and (B) REPORTS.—During the course of the re- the performance of the duties of the Review with the advice and consent of the Senate, view under subparagraph (A), if the Director Board. shall appoint, without regard to political af- becomes aware that the member being re- (2) TRAVEL EXPENSES.—A member of the filiation, 9 citizens of the United States to viewed possesses a conflict of interest to the Review Board shall be allowed reasonable serve as members of the Review Board to en- mission of the Review Board, the Director travel expenses, including per diem in lieu of sure and facilitate the review, transmission shall, not later than 30 days after the date on subsistence, at rates for employees of agen- to the Archivist, and public disclosure of which the Director became aware of the con- cies under subchapter I of chapter 57 of title government records relating to unidentified flict of interest, submit to the Committee on 5, United States Code, while away from the anomalous phenomena. Homeland Security and Governmental Af- member’s home or regular place of business (2) PERIOD FOR NOMINATIONS.—(A) The fairs of the Senate and the Committee on in the performance of services for the Review President shall make nominations to the Re- Oversight and Accountability of the House of Board. view Board not later than 90 calendar days Representatives a report on the conflict of (h) DUTIESOFTHEREVIEWBOARD.— after the date of the enactment of this Act. interest. (1) IN GENERAL.—The Review Board shall (B) If the Senate votes not to confirm a (c) SECURITYCLEARANCES.— consider and render decisions on a deter- nomination to the Review Board, the Presi- (1) IN GENERAL.—All Review Board nomi- mination by a Government office to seek to dent shall make an additional nomination nees shall be granted the necessary security postpone the disclosure of unidentified not later than 30 days thereafter. clearances and accesses, including any and anomalous phenomena records. (3) CONSIDERATION OF RECOMMENDATIONS.— all relevant Presidential, departmental, and (2) CONSIDERATIONSANDRENDERINGOFDECI- (A) The President shall make nominations to agency special access programs, in an accel- SIONS.—In carrying out paragraph (1), the the Review Board after considering persons erated manner subject to the standard proce- Review Board shall consider and render deci- recommended by the following: dures for granting such clearances. sions— (i) The majority leader of the Senate. (2) QUALIFICATION FOR NOMINEES.—All (A) whether a record constitutes a uniden- (ii) The minority leader of the Senate. nominees for appointment to the Review tified anomalous phenomena record; and (iii) The Speaker of the House of Rep- Board under subsection (b) shall qualify for (B) whether a unidentified anomalous phe- resentatives. the necessary security clearances and ac- nomena record or particular information in a (iv) The minority leader of the House of cesses prior to being considered for con- record qualifies for postponement of disclo- Representatives. firmation by the Committee on Homeland sure under this division. (v) The Secretary of Defense. Security and Governmental Affairs of the (i) POWERS.— (vi) The National Academy of Sciences. Senate. (1) IN GENERAL.—The Review Board shall (vii) Established nonprofit research organi- (d) CONSIDERATION BY THE SENATE.—Nomi- have the authority to act in a manner pre- zations relating to unidentified anomalous nations for appointment under subsection (b) scribed under this division, including author- phenomena. shall be referred to the Committee on Home- ity— VerDate Sep 11 2014 07:50 Jul 13, 2024 Jkt 049060 PO 00000 Frm 00418 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.164 S11JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd

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July 11, 2024 CONGRESSIONAL RECORD—SENATE S4947 (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 tees designated by such Chairmen and Rank- shall— phenomena records as required under this di- ing Members, shall be granted all security (A) serve as principal liaison to the Execu- vision, including segregable portions of un- clearances and accesses held by the Review tive Office of the President and Congress; identified anomalous phenomena records and Board, including to relevant Presidential and (B) serve as Chairperson of the Review substitutes and summaries of unidentified department or agency special access and Board; anomalous phenomena records that can be compartmented access programs. (C) be responsible for the administration 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 di- tended by Congress. tive branch unidentified anomalous phe- vision; 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. r it e s c o re rd sp s, o n a s n ib d i l o it t i h e e s r u i n n d f e o r r m th a i t s i d o i n v i r s e io le n v ; ant to a in n g d i a t c s c e u x r i a s t t e e n a c c e c o a u n n d t s in h g a l o l f c e o x m p p e l n e d t i e t u a r ll e s o t d h u e r r - sh ( a 6 l ) l n R o E t M b O e V A r L em .— o T v h e e d fo E r x e r c e u as t o iv n e s o D th ir e e r c t f o o r r (D) require any Government office to ac- reporting requirements under this division. 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- records; NOMENA RECORDS REVIEW BOARD (b) STAFF.— (F) hold hearings, administer oaths, and PERSONNEL. (1) IN GENERAL.—The Review Board, with- subpoena witnesses and documents; (a) EXECUTIVEDIRECTOR.— out regard to the civil service laws, may ap- (G) use the Federal Acquisition Service in (1) APPOINTMENT.—Not later than 45 days point and terminate additional personnel as after the date of the enactment of this Act, are necessary to enable the Review Board the same manner and under the same condi- the President shall appoint 1 citizen of the and its Executive Director to perform the tions as other Executive agencies; and United States, without regard to political af- duties of the Review Board. (H) use the United States mails in the same manner and under the same conditions filiation, to the position of Executive Direc- (2) QUALIFICATIONS.— as other Executive agencies. tor of the Review Board. This position (A) IN GENERAL.—Except as provided in counts as 1 of the 9 Review Board members subparagraph (B), a person appointed to the (2) ENFORCEMENT OF SUBPOENA.—A sub- under section ll07(b)(1). staff of the Review Board shall be a citizen of poena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court (2) QUALIFICATIONS.—The person appointed integrity and impartiality who has had no as Executive Director shall be a private cit- previous or current involvement with any acting pursuant to a lawful request of the izen of integrity and impartiality who— legacy program or controlling authority re- Review Board. (j) WITNESS IMMUNITY.—The Review Board (A) is a distinguished professional; and lating to the collection, exploitation, or re- shall be considered to be an agency of the (B) is not a present employee of the Fed- verse engineering of technologies of un- United States for purposes of section 6001 of eral Government; and known origin or the examination of biologi- title 18, United States Code. Witnesses, close (C) has had no previous or current involve- cal evidence of living or deceased non-human observers, and whistleblowers providing in- ment with any legacy program or controlling intelligence. formation directly to the Review Board shall authority relating to the collection, exploi- (B) CONSULTATION WITH DIRECTOR OF THE also be afforded the protections provided to tation, or reverse engineering of tech- OFFICEOFGOVERNMENTETHICS.—In their con- such persons specified under section 1673(b) nologies of unknown origin or the examina- sideration of persons to be appointed as staff of the James M. Inhofe National Defense Au- tion of biological evidence of living or de- of the Review Board under paragraph (1), the thorization Act for Fiscal Year 2023 (50 ceased non-human intelligence. Review Board shall consult with the Direc- U.S.C. 3373b(b)). (3) MANDATORY CONFLICTS OF INTEREST RE- tor— (k) OVERSIGHT.— VIEW.— (i) to determine criteria for possible con- (1) SENATE.—The Committee on Homeland (A) IN GENERAL.—The Director shall con- flicts of interest of staff of the Review Board, Security and Governmental Affairs of the duct a review of each individual appointed to consistent with ethics laws, statutes, and Senate shall have continuing legislative the position of Executive Director to ensure regulations for employees of the executive oversight jurisdiction in the Senate with re- the Executive Director does not have any branch of the Federal Government; and spect to the official conduct of the Review conflict of interest during the term of the (ii) ensure that no person selected for such Board and the disposition of postponed service of the Executive Director. position of staff of the Review Board pos- records after termination of the Review (B) REPORTS.—During the course of the re- sesses a conflict of interests in accordance Board, and shall have access to any records view under subparagraph (A), if the Director with the criteria determined pursuant to held or created by the Review Board. becomes aware that the Executive Director clause (i). (2) HOUSE OF REPRESENTATIVES.—Unless possesses a conflict of interest to the mission (3) SECURITYCLEARANCES.—(A) A candidate otherwise determined appropriate by the of the Review Board, the Director shall, not for staff shall be granted the necessary secu- House of Representatives, the Committee on later than 30 days after the date on which rity clearances (including all necessary spe- Oversight and Accountability of the House of the Director became aware of the conflict of cial access program clearances) in an accel- Representatives shall have continuing legis- interest, submit to the Committee on Home- erated manner subject to the standard proce- lative oversight jurisdiction in the House of land Security and Governmental Affairs of dures for granting such clearances. Representatives with respect to the official the Senate and the Committee on Oversight (B)(i) The Review Board may offer condi- conduct of the Review Board and the disposi- and Accountability of the House of Rep- tional employment to a candidate for a staff tion of postponed records after termination resentatives a report on the conflict of inter- position pending the completion of security of the Review Board, and shall have access to est. clearance background investigations. During any records held or created by the Review (4) SECURITYCLEARANCES.—(A) A candidate the pendency of such investigations, the Re- Board. for Executive Director shall be granted all view Board shall ensure that any such em- (3) DUTYTOCOOPERATE.—The Review Board the necessary security clearances and ac- ployee does not have access to, or responsi- shall have the duty to cooperate with the ex- cesses, including to relevant Presidential bility involving, classified or otherwise re- ercise of oversight jurisdiction described in and department or agency special access and stricted unidentified anomalous phenomena this subsection. compartmented access programs in an accel- record materials. (4) SECURITY CLEARANCES.—The Chairmen erated manner subject to the standard proce- (ii) If a person hired on a conditional basis and Ranking Members of the Committee on dures for granting such clearances. under clause (i) is denied or otherwise does VerDate Sep 11 2014 07:50 Jul 13, 2024 Jkt 049060 PO 00000 Frm 00419 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.164 S11JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd

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S4948 CONGRESSIONAL RECORD—SENATE July 11, 2024 not qualify for all security clearances nec- (A) a Government record is not an uniden- (1) PUBLICDISCLOSUREORPOSTPONEMENTOF essary to carry out the responsibilities of the tified anomalous phenomena record; or DISCLOSURE.—After the Review Board has position for which conditional employment (B) a Government record, or particular in- made a formal determination concerning the has been offered, the Review Board shall im- formation within an unidentified anomalous public disclosure or postponement of disclo- mediately terminate the person’s employ- phenomena record, qualifies for postpone- sure of an unidentified anomalous phe- ment. ment of public disclosure under this division. nomena record of the executive branch of the (4) SUPPORT FROM NATIONAL DECLASSIFICA- (2) REQUIREMENTS.—In approving postpone- Federal Government or information within TIONCENTER.—The Archivist shall assign one ment of public disclosure of a unidentified such a record, or of any information con- representative in full-time equivalent status anomalous phenomena record, the Review tained in a unidentified anomalous phe- from the National Declassification Center to Board shall seek to— nomena record, obtained or developed solely advise and support the Review Board disclo- (A) provide for the disclosure of segregable within the executive branch of the Federal sure postponement review process in a non- parts, substitutes, or summaries of such a Government, the President shall— voting staff capacity. record; and (A) have the sole and nondelegable author- (c) COMPENSATION.—Subject to such rules (B) determine, in consultation with the ity to require the disclosure or postpone- as may be adopted by the Review Board, originating body and consistent with the ment of such record or information under without regard to the provisions of title 5, standards for postponement under this divi- the standards set forth in section ll06; and United States Code, governing appointments sion, which of the following alternative (B) provide the Review Board with both an in the competitive service and without re- forms of disclosure shall be made by the unclassified and classified written certifi- gard to the provisions of chapter 51 and sub- originating body: cation specifying the President’s decision chapter III of chapter 53 of that title relating (i) Any reasonably segregable particular within 30 days after the Review Board’s de- to classification and General Schedule pay information in a unidentified anomalous termination and notice to the executive rates— phenomena record. branch agency as required under this divi- (1) the Executive Director shall be com- (ii) A substitute record for that informa- sion, stating the justification for the Presi- pensated at a rate not to exceed the rate of tion which is postponed. dent’s decision, including the applicable basic pay for level II of the Executive Sched- (iii) A summary of a unidentified anoma- grounds for postponement under section ule and shall serve the entire tenure as one lous phenomena record. ll06, accompanied by a copy of the identi- full-time equivalent; and (3) CONTROLLED DISCLOSURE CAMPAIGN fication aid required under section ll04. (2) the Executive Director shall appoint PLAN.—With respect to unidentified anoma- (2) PERIODIC REVIEW.—(A) Any unidentified and fix compensation of such other personnel lous phenomena records, particular informa- anomalous phenomena record postponed by as may be necessary to carry out this divi- tion in unidentified anomalous phenomena the President shall henceforth be subject to sion. records, recovered technologies of unknown the requirements of periodic review, down- (d) ADVISORYCOMMITTEES.— origin, and biological evidence for non- grading, declassification, and public disclo- (1) AUTHORITY.—The Review Board may human intelligence the public disclosure of sure in accordance with the recommended create advisory committees to assist in ful- which is postponed pursuant to section timeline and associated requirements speci- filling the responsibilities of the Review ll06, or for which only substitutions or fied in the Controlled Disclosure Campaign Board under this division. summaries have been disclosed to the public, Plan unless these conflict with the standards (2) FACA.—Any advisory committee cre- the Review Board shall create and transmit set forth in section ll06. ated by the Review Board shall be subject to to the President, the Archivist, the Com- (B) This paragraph supersedes all prior de- chapter 10 of title 5, United States Code. mittee on Homeland Security and Govern- classification review standards that may pre- (e) SECURITYCLEARANCEREQUIRED.—An in- mental Affairs of the Senate, and the Com- viously have been deemed applicable to un- dividual employed in any position by the Re- mittee on Oversight and Accountability of identified anomalous phenomena records. view Board (including an individual ap- the House of Representatives a Controlled (3) RECORD OF PRESIDENTIAL POSTPONE- pointed as Executive Director) shall be re- Disclosure Campaign Plan, with classified MENT.—The Review Board shall, upon its re- quired to qualify for any necessary security appendix, containing— ceipt— clearance prior to taking office in that posi- (A) a description of actions by the Review (A) publish in the Federal Register a copy tion, but may be employed conditionally in Board, the originating body, the President, of any unclassified written certification, accordance with subsection (b)(3)(B) before or any Government office (including a jus- statement, and other materials transmitted qualifying for that clearance. tification of any such action to postpone dis- by or on behalf of the President with regard SEC. ll09. REVIEW OF RECORDS BY THE UN- closure of any record or part of any record) to postponement of unidentified anomalous IDENTIFIED ANOMALOUS PHE- and of any official proceedings conducted by phenomena records; and NOMENA RECORDS REVIEW BOARD. the Review Board with regard to specific un- (B) revise or amend recommendations in (a) CUSTODY OF RECORDS REVIEWED BY RE- identified anomalous phenomena records; the Controlled Disclosure Campaign Plan ac- VIEW BOARD.—Pending the outcome of a re- and cordingly. view of activity by the Review Board, a Gov- (B) a benchmark-driven plan, based upon a (e) NOTICE TO PUBLIC.—Every 30 calendar ernment office shall retain custody of its un- review of the proceedings and in conformity days, beginning on the date that is 60 cal- identified anomalous phenomena records for with the decisions reflected therein, recom- endar days after the date on which the Re- purposes of preservation, security, and effi- mending precise requirements for periodic view Board first approves the postponement ciency, unless— review, downgrading, and declassification as of disclosure of a unidentified anomalous (1) the Review Board requires the physical well as the exact time or specified occur- phenomena record, the Review Board shall transfer of records for reasons of conducting rence following which each postponed item publish in the Federal Register a notice that an independent and impartial review; or may be appropriately disclosed to the public summarizes the postponements approved by (2) such transfer is necessary for an admin- under this division. the Review Board or initiated by the Presi- istrative hearing or other official Review (4) NOTICE FOLLOWING REVIEW AND DETER- dent, the Senate, or the House of Represent- Board function. MINATION.—(A) Following its review and a de- atives, including a description of the subject, (b) STARTUP REQUIREMENTS.—The Review termination that a unidentified anomalous originating agency, length or other physical Board shall— phenomena record shall be publicly disclosed description, and each ground for postpone- (1) not later than 90 days after the date of in the Collection or postponed for disclosure ment that is relied upon to the maximum ex- its appointment, publish a schedule in the and held in the protected Collection, the Re- tent classification restrictions permitting. Federal Register for review of all unidenti- view Board shall notify the head of the origi- (f) REPORTSBYTHEREVIEWBOARD.— fied anomalous phenomena records; nating body of the determination of the Re- (1) IN GENERAL.—The Review Board shall (2) not later than 180 days after the date of view Board and publish a copy of the deter- report its activities to the leadership of Con- the enactment of this Act, begin its review mination in the Federal Register within 14 gress, the Committee on Homeland Security of unidentified anomalous phenomena days after the determination is made. and Governmental Affairs of the Senate, the records under this division; and (B) Contemporaneous notice shall be made Committee on Oversight and Reform of the (3) periodically thereafter as warranted, to the President for Review Board deter- House of Representatives, the President, the but not less frequently than semiannually, minations regarding unidentified anomalous Archivist, and the head of any Government publish a revised schedule in the Federal phenomena records of the executive branch office whose records have been the subject of Register addressing the review and inclusion of the Federal Government, and to the over- Review Board activity. of any unidentified anomalous phenomena sight committees designated in this division (2) FIRSTREPORT.—The first report shall be records subsequently discovered. in the case of records of the legislative issued on the date that is 1 year after the (c) DETERMINATIONS OF THE REVIEW branch of the Federal Government. Such no- date of enactment of this Act, and subse- BOARD.— tice shall contain a written unclassified jus- quent reports every 1 year thereafter until (1) IN GENERAL.—The Review Board shall tification for public disclosure or postpone- termination of the Review Board. direct that all unidentified anomalous phe- ment of disclosure, including an explanation (3) CONTENTS.—A report under paragraph nomena records be transmitted to the Archi- of the application of any standards contained (1) shall include the following information: vist and disclosed to the public in the Collec- in section ll06. (A) A financial report of the expenses for tion in the absence of clear and convincing (d) PRESIDENTIAL AUTHORITY OVER REVIEW all official activities and requirements of the evidence that— BOARDDETERMINATION.— Review Board and its personnel. VerDate Sep 11 2014 07:50 Jul 13, 2024 Jkt 049060 PO 00000 Frm 00420 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.164 S11JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd

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July 11, 2024 CONGRESSIONAL RECORD—SENATE S4949 (B) The progress made on review, trans- the controlling authority of said material SEC. ll12. RULES OF CONSTRUCTION. mission to the Archivist, and public disclo- and in a timely manner conducive to the ob- (a) PRECEDENCE OVER OTHER LAW.—When sure of unidentified anomalous phenomena jectives of the Review Board in accordance this division requires transmission of a records. with the requirements of this division. record to the Archivist or public disclosure, (C) The estimated time and volume of un- (c) ACTIONSOFREVIEWBOARD.—In carrying it shall take precedence over any other pro- identified anomalous phenomena records in- out subsection (b), the Review Board shall vision of law (except section 6103 of the In- volved in the completion of the Review consider and render decisions— ternal Revenue Code of 1986 specifying con- Board’s performance under this division. (1) whether the material examined con- fidentiality and disclosure of tax returns and (D) Any special problems, including re- stitutes technologies of unknown origin or tax return information), judicial decision quests and the level of cooperation of Gov- biological evidence of non-human intel- construing such provision of law, or common ernment offices, with regard to the ability of ligence beyond a reasonable doubt; law doctrine that would otherwise prohibit the Review Board to operate as required by (2) whether recovered technologies of un- such transmission or disclosure, with the ex- this division. known origin, biological evidence of non- ception of deeds governing access to or (E) A record of review activities, including human intelligence, or a particular subset of transfer or release of gifts and donations of a record of postponement decisions by the material qualifies for postponement of dis- records to the United States Government. R th e o v r i i e z w ed B b o y a t r h d is o r d iv o i t s h i e o r n , r a e n la d t e a d r e a c c o t r i d o n o s f t a h u e - clo (3 s ) u w re h u at n d c e h r a n th g i e s s , d i i f v i a s n io y n , ; t a o n t d h e current dis- in ( g b ) i n F R t E h E i D s O d M iv O is F io I n N F s O h R a M ll A T b I e O N co A n C s T t . r — u N ed o t t h o - volume of records reviewed and postponed. position of said material should the Federal eliminate or limit any right to file requests f t o h ( ( r e F 4 a ) r ) d e d C S p i O o u t P r g i t o I g E i n e n S a s g t l i A r l o e e N n g q D s i u s i l a B r a n e R t m d I i E v e F e r n e S a t q .— u s u t e i C h n s o o t i s r p n i a t c t r y i o a d g n e C r e n a o e t p n d h g s w . r ( i e 2 t s ) h s , G s A u N o ( r D d v e ) e . r W R nm I E T V e N I n E E t S W S m E B S a O . k — A e R T D h to e A f C R a C c e E i v l S i i S e ta w T t e O B f o T u a E l r l S d T d I i M s s h c O l a N o l Y - l w r 5 e 5 i 2 v t i h o e f w a t n i o t y l f e e t 5 x h , e e U c u n d t e it i c v e i e d si o S a n t g a s e t n p e c s u y r C s o o u r d a e n s . t e e t k o j s u e d c i t c i i o a n l have access to all testimony from unidenti- (c) JUDICIALREVIEW.—Nothing in this divi- or more frequently as warranted by new in- fied anomalous phenomena witnesses, close sion shall be construed to preclude judicial formation, the Review Board shall provide observers and legacy program personnel and review, under chapter 7 of title 5, United copies to, and fully brief, at a minimum the whistleblowers within the Federal Govern- States Code, of final actions taken or re- President, the Archivist, leadership of Con- ment’s possession as of and after the date of quired to be taken under this division. gress, the Chairmen and Ranking Members of the Committee on Homeland Security and the enactment of this Act in furtherance of (d) EXISTING AUTHORITY.—Nothing in this Review Board disclosure determination re- division revokes or limits the existing au- Governmental Affairs of the Senate and the sponsibilities in section ll07(h) and sub- thority of the President, any executive agen- Committee on Oversight and Accountability section (c) of this section. cy, the Senate, or the House of Representa- of the House of Representatives, and the (e) SOLICITATION OF ADDITIONAL WIT- tives, or any other entity of the Federal Gov- Chairs and Chairmen, as the case may be, NESSES.—The Review Board shall solicit ad- ernment to publicly disclose records in its and Ranking Members and Vice Chairmen, as ditional unidentified anomalous phenomena possession. the case may be, of such other committees as witness and whistleblower testimony and af- leadership of Congress determines appro- ford protections under section 1673(b) of the (e) RULES OF THE SENATE AND HOUSE OF priate on the Controlled Disclosure Cam- James M. Inhofe National Defense Author- REPRESENTATIVES.—To the extent that any paign Plan, classified appendix, and post- ization Act for Fiscal Year 2023 (50 U.S.C. provision of this division establishes a proce- poned disclosures, specifically addressing— 3373b(b)) if deemed beneficial in fulfilling Re- dure to be followed in the Senate or the (A) recommendations for periodic review, view Board responsibilities under this divi- House of Representatives, such provision is downgrading, and declassification as well as sion. adopted— the exact time or specified occurrence fol- SEC. ll11. DISCLOSURE OF OTHER MATERIALS (1) as an exercise of the rulemaking power lowing which specific unidentified anoma- AND ADDITIONAL STUDY. of the Senate and House of Representatives, lous phenomena records and material may be (a) MATERIALSUNDERSEALOFCOURT.— respectively, and is deemed to be part of the appropriately disclosed; (1) INFORMATION HELD UNDER SEAL OF A rules of each House, respectively, but appli- (B) the rationale behind each postpone- COURT.—The Review Board may request the cable only with respect to the procedure to ment determination and the recommended Attorney General to petition any court in be followed in that House, and it supersedes means to achieve disclosure of each post- the United States or abroad to release any other rules only to the extent that it is in- poned item; information relevant to unidentified anoma- consistent with such rules; and (C) any other findings that the Review lous phenomena, technologies of unknown (2) with full recognition of the constitu- Board chooses to offer; and origin, or non-human intelligence that is tional right of either House to change the (D) an addendum containing copies of re- held under seal of the court. rules (so far as they relate to the procedure ports of postponed records to the Archivist (2) INFORMATIONHELDUNDERINJUNCTIONOF of that House) at any time, in the same man- required under subsection (c)(3) made since SECRETARY OF GRAND JURY.—(A) The Review ner, and to the same extent as in the case of the date of the preceding report under this Board may request the Attorney General to any other rule of that House. subsection. petition any court in the United States to SEC. ll13. TERMINATION OF EFFECT OF DIVI- (5) NOTICE.—At least 90 calendar days be- release any information relevant to uniden- SION. fore completing its work, the Review Board tified anomalous phenomena, technologies of (a) PROVISIONS PERTAINING TO THE REVIEW shall provide written notice to the President unknown origin, or non-human intelligence BOARD.—The provisions of this division that and Congress of its intention to terminate that is held under the injunction of secrecy pertain to the appointment and operation of its operations at a specified date. of a grand jury. the Review Board shall cease to be effective (6) BRIEFINGTHEALL-DOMAINANOMALYRES- (B) A request for disclosure of unidentified when the Review Board and the terms of its OLUTION OFFICE.—Coincident with the provi- anomalous phenomena, technologies of un- members have terminated pursuant to sec- sion in paragraph (5), if not accomplished known origin, and non-human intelligence tion ll07(n). e B a o r a l r ie d r sh u a n l d l er b ri p ef a r t a h g e r a A ph ll -d ( o 4) m , ai t n h e A n R o e m vi a e l w y m de a e t m er e i d a l t s o c u o n n d s e t r i tu t t h e is a s d h i o v w is i i n o g n of s h p a a l r l t ic b u e - pr ( o b v ) i s O io T n H s E R of P t R h O i V s IS d I i O v N is S i . o — n ( 1 s ) h a T l h l e c o r n em tin a u in e i n in g Resolution Office established pursuant to larized need under rule 6 of the Federal Rules effect until such time as the Archivist cer- s iz e a c t t i i o o n n 1 A 6 c 8 t 3 o fo f r t h F e i s N c a a t l i o Y n e a a l r D 2 e 0 f 2 e 2 n s ( e 5 0 A u U t . h S o .C r- . o th f ( e C b ) C r i o S m n E i g N n r S a e E l s s P O t r F h o a c C e t O — d N u G r R e E . SS.—It is the sense of t u i n fi i e d s e n t t o i f t i h ed e P a r n e o s m id a e l n o t u s a n p d h C en o o n m gr e e n s a s t r h e a c t o r a d l s l 3373), or its successor, as subsequently des- (1) the Attorney General should assist the have been made available to the public in ac- ignated by Act of Congress, on the Con- Review Board in good faith to unseal any cordance with this division. trolled Disclosure Campaign Plan, classified records that the Review Board determines to (2) In facilitation of the provision in para- appendix, and postponed disclosures. be relevant and held under seal by a court or graph (1), the All-domain Anomaly Resolu- SEC. ll10. DISCLOSURE OF RECOVERED TECH- under the injunction of secrecy of a grand tion Office established pursuant to section NOLOGIES OF UNKNOWN ORIGIN jury; 1683 of the National Defense Authorization AND BIOLOGICAL EVIDENCE OF (2) the Secretary of State should contact Act for Fiscal Year 2022 (50 U.S.C. 3373), or NON-HUMAN INTELLIGENCE. (a) EXERCISE OF EMINENT DOMAIN.—The any foreign government that may hold mate- its successor as subsequently designated by Federal Government shall exercise eminent rial relevant to unidentified anomalous phe- Act of Congress, shall develop standardized domain over any and all recovered tech- nomena, technologies of unknown origin, or unidentified anomalous phenomena declas- nologies of unknown origin and biological non-human intelligence and seek disclosure sification guidance applicable to any and all evidence of non-human intelligence that of such material; and unidentified anomalous phenomena records may be controlled by private persons or enti- (3) all heads of Executive agencies should generated by originating bodies subsequent ties in the interests of the public good. cooperate in full with the Review Board to to termination of the Review Board con- (b) AVAILABILITY TO REVIEW BOARD.—Any seek the disclosure of all material relevant sistent with the requirements and intent of and all such material, should it exist, shall to unidentified anomalous phenomena, tech- the Controlled Disclosure Campaign Plan be made available to the Review Board for nologies of unknown origin, and non-human with respect to unidentified anomalous phe- personal examination and subsequent disclo- intelligence consistent with the public inter- nomena records originated prior to Review sure determination at a location suitable to est. 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S4950 CONGRESSIONAL RECORD—SENATE July 11, 2024 SEC. ll14. AUTHORIZATION OF APPROPRIA- scenario. However, the study may optionally ducted pursuant to subsection (a) to under- TIONS. estimate these likelihoods. stand the national security risks posed by There is authorized to be appropriated to (d) REPORT.— artificial intelligence; carry out the provisions of this division (1) IN GENERAL.—Not later than one year (2) a description of the extent to which $20,000,000 for fiscal year 2025. after the date of the enactment of this Act, commercial and open source artificial intel- SEC. ll15. CONFORMING REPEAL. the Secretary shall submit to the congres- ligence systems can generate sensitive or (a) REPEAL.—Subtitle C of title XVIII of sional defense committees a report on the classified information about nuclear weap- the National Defense Authorization Act for findings of the Secretary with respect to the ons, and whether any such systems are de- Fiscal Year 2024 (Public Law 118–31) is hereby study conducted under subsection (a). veloped using classified information; repealed. (2) FORM.—The report submitted pursuant (3) a description of the status of authori- (b) CLERICAL AMENDMENT.—The table of to paragraph (1) shall be submitted in un- ties for running commercial and open source contents in section 2 of such Act is amended classified form, but may include a classified artificial intelligence systems on classified by striking the items relating to subtitle C annex. computational infrastructure; of title XVIII. (e) BRIEFING.—Not later than 30 days after (4) a summary of potential risk mitigation SEC. ll16. SEVERABILITY. the date of the submittal of the report under and response options in the event that Re- If any provision of this division or the ap- subsection (d), the Secretary shall provide stricted Data (as that term is defined in sec- plication thereof to any person or cir- the congressional defense committees a tion 11 of the Atomic Energy Act of 1954 (42 cumstance is held invalid, the remainder of briefing on the main findings of the Sec- U.S.C. 2014)) is discovered on, or generated this division and the application of that pro- retary with respect to the study conducted by, commercial or open source artificial in- vision to other persons not similarly situ- under subsection (a). telligence systems; ated or to other circumstances shall not be (5) recommendations regarding the infra- affected by the invalidation. SA 2612. Mr. HEINRICH submitted an structure and personnel needed to continue amendment intended to be proposed by to evaluate the national security risks of ar- SA 2611. Mr. HEINRICH submitted an him to the bill S. 4638, to authorize ap- tificial intelligence systems; and amendment intended to be proposed by propriations for fiscal year 2025 for (6) recommendations on the legal authori- him to the bill S. 4638, to authorize ap- military activities of the Department ties needed by the National Nuclear Security propriations for fiscal year 2025 for of Defense, for military construction, Administration to address national security military activities of the Department and for defense activities of the De- risks of artificial intelligence systems. of Defense, for military construction, partment of Energy, to prescribe mili- SA 2613. Mr. HEINRICH submitted an and for defense activities of the De- tary personnel strengths for such fiscal amendment intended to be proposed by partment of Energy, to prescribe mili- year, and for other purposes; which was him to the bill S. 4638, to authorize ap- tary personnel strengths for such fiscal ordered to lie on the table; as follows: propriations for fiscal year 2025 for year, and for other purposes; which was At the end of subtitle B of title XXXI, add military activities of the Department ordered to lie on the table; as follows: the following: of Defense, for military construction, At the appropriate place in title X, insert SEC. 3123. ARTIFICIAL INTELLIGENCE AND NA- and for defense activities of the De- the following: TIONAL SECURITY. partment of Energy, to prescribe mili- SEC. ll. NET ASSESSMENT OF ARTIFICIAL GEN- (a) EVALUATIONS.— tary personnel strengths for such fiscal ERAL INTELLIGENCE. (1) INGENERAL.—The Administrator for Nu- (a) STUDY.—The Secretary of Defense shall, clear Security shall develop tools and year, and for other purposes; which was acting through the Office of Net Assessment, testbeds to evaluate the capabilities of arti- ordered to lie on the table; as follows: conduct a study to analyze the impact of fu- ficial intelligence systems to assist in the At the appropriate place in title X, insert ture developments in artificial general intel- development of chemical, biological, nu- the following: ligence on the military readiness and eco- clear, or radiological weapons. SEC. ll. REPORTS ON APPROVAL AND DEPLOY- nomic competitiveness of the United States. (2) PUBLIC ARTIFICIAL INTELLIGENCE SYS- MENT OF LETHAL AUTONOMOUS (b) SCENARIOS.— TEMS.—The Administrator shall evaluate WEAPON SYSTEMS. (1) IN GENERAL.—In conducting the study publicly available artificial intelligence sys- (a) INGENERAL.—On an annual basis in ac- required by subsection (a), the Secretary tems for such capabilities on an ongoing cordance with subsection (c), the President shall analyze multiple scenarios in which a basis. shall submit to the congressional defense specified artificial intelligence capability is (b) REQUIREMENTS ON COMMERCIAL ARTIFI- committees a comprehensive report on the assumed to exist and the goal is to under- CIALINTELLIGENCEPROVIDERS.— approval and deployment of lethal autono- stand what the implications would be on the (1) IN GENERAL.—Any commercial cloud mous weapon systems by the United States. United States military and the broader computing service that provides unclassified (b) ELEMENTS.—Each report under sub- United States economy. access to artificial intelligence systems on section (a) shall include, with respect to the (2) LEVELS OF CAPABILITY.—Each scenario its platform, and which in general offers period covered by the report, the following: analyzed under paragraph (1) shall assume software services in a classified computing (1) A comprehensive list of any lethal au- the existence of a certain level of capability environment to the Department of Energy or tonomous weapon systems that have been to perform intellectual or physical tasks Department of Defense, shall, at the request approved by senior defense officials for use using software or hardware, but without of the Administrator, offer a particular arti- by the United States military under Depart- human involvement, and may assume a spe- ficial intelligence system in a classified com- ment of Defense policies in effect as of the cific cost of this artificial intelligence capa- puting environment at no cost to the Na- date of the report, the dates of such approv- bility, such as the ability to perform all job tional Nuclear Security Administration, als, and a description how such weapons sys- tasks that a typical human would perform at upon a determination by the Administrator tems have been, are being, or will be de- a specified price. that the specified artificial intelligence sys- ployed and whether they operated as in- (3) DYNAMIC CAPABILITIES.—Scenarios ana- tem is relevant for performing the tasks tended. lyzed under this subsection may allow the specified in subsection (a). (2) A comprehensive list of any lethal au- capabilities of artificial intelligence systems (2) ASSISTANCE.—Developers of any such ar- tonomous weapon systems that have re- to increase over time instead of remaining tificial intelligence systems shall provide ceived a waiver of the requirement for re- fixed. any necessary design and engineering assist- view by senior defense officials under De- (c) PROPERTIES.—The study conducted ance necessary to support the usage of those partment of Defense policies in effect as of under subsection (a) shall have the following systems in the classified computing environ- the date of the report, the dates such waivers properties: ment. were issued, and a description of how such (1) A taxonomy of levels of artificial gen- (c) BRIEFING.—Not later than 90 days after weapon systems have been, are being, or will eral intelligence. To the degree possible, the date of the enactment of this Act, the be deployed and whether they operated as in- such taxonomy shall be developed in con- Administrator for Nuclear Security shall tended. junction with relevant experts in the Federal provide to the congressional defense commit- (3) A comprehensive list of any lethal au- Government or outside of government and tees, the Committee on Energy and Natural tonomous weapon systems that are under- shall be as consistent as possible with any Resources of the Senate, and the Committee going senior review or waiver request proc- similar taxonomy developed by such experts. on Energy and Commerce of the House of esses as of the date of the report. (2) At least one scenario under subsection Representatives, a classified briefing that in- (4) A comprehensive list of any lethal au- (b) shall assume the existence of an artificial cludes— tonomous weapon systems not approved dur- general intelligence system that is more in- (1) a description of the work performed by ing a senior review or waiver request process telligent than any human. the National Nuclear Security Administra- and the reasons for such disapproval. (3) The study is not required to estimate tion in response to Executive Order 14110 (88 (c) TIMINGOFREPORTS.— the likelihood of any such scenario occur- Fed. Reg. 75191; relating to safe, secure, and (1) INITIAL REPORT.—The President shall ring, nor should the likelihood of the sce- trustworthy development and use of artifi- submit the first report required under sub- nario occurring affect the analysis of the cial intelligence) and the evaluations con- section (a) not later than one year after the VerDate Sep 11 2014 07:50 Jul 13, 2024 Jkt 049060 PO 00000 Frm 00422 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.164 S11JYPT1 ETANES htiw DORP2X7X0MJKSD no nosliwmd