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Summary of the Bill Proposal: Unidentified Anomalous Phenomena Disclosure
Title: Subtitle D—Unidentified Anomalous Phenomena Disclosure
Establishment and Powers of the Unidentified Anomalous Phenomena Records Review Board (Section 1761)
Establishment:
Creation of an independent agency called the “Unidentified Anomalous Phenomena Records Review Board.”
Appointment:
The President will appoint 9 U.S. citizens to the Review Board, with Senate consent. Nominations are due within 90 days post-enactment, with replacements nominated within 30 days if rejected. Nominations consider recommendations from various officials and organizations, including Congressional leaders, the Secretary of Defense, and scientific bodies.
Qualifications:
Members must be impartial, distinguished citizens without prior involvement in programs related to unidentified phenomena or non-human intelligence. The Board must include at least one current/former national security official, foreign service official, scientist/engineer, economist, professional historian, and sociologist.
Security Clearances:
All nominees must secure necessary security clearances before Senate confirmation.
Confirmation Hearings:
Conducted by the Senate Committee on Homeland Security and Governmental Affairs within specified timeframes. Vacancies filled within 30 days.
Removal:
Members can be removed only by impeachment, conviction, or Presidential action for specific causes. Removed members can seek judicial review.
Compensation:
Members compensated per Executive Schedule Level IV rates and reimbursed for travel expenses.
Duties:
Review Board assesses and decides on the disclosure of records related to unidentified anomalous phenomena.
Powers:
Authority to direct government offices in record handling, compel information, subpoena witnesses, and require destruction accounting of records.
Witness Immunity:
Witnesses and whistleblowers are protected under federal statutes.
Oversight:
Senate and House committees have oversight jurisdiction over the Review Board’s activities.
Support Services:
Administrative services provided by the General Services Administration.
Termination:
The Review Board terminates by September 30, 2030, unless extended by Congress, with all records transferred to the Archivist.
Unidentified Anomalous Phenomena Records Review Board Personnel (Section 1762)
Executive Director:
Appointed by the President within 45 days post-enactment. Must be an impartial, distinguished professional with no current/past involvement in relevant legacy programs. Granted necessary security clearances before appointment.
Functions:
Liaison to the Executive Office and Congress. Chairperson of the Review Board. Responsible for the administration of the Review Board’s activities and record reviews. Holds tie-breaking authority on record disclosure decisions. Can appeal decisions directly to the President regarding executive branch records.
This bill establishes a structured and independent body to oversee and facilitate the review and public disclosure of government records related to unidentified anomalous phenomena. The Review Board will be composed of distinguished, impartial citizens and will operate under clear guidelines and with specific powers to ensure transparency and accountability.
Controlled Disclosure Campaign
Plan Development
Controlled Disclosure Campaign Plan: The Review Board is responsible for creating a Controlled Disclosure Campaign Plan regarding unidentified anomalous phenomena (UAP) records. This plan is to be transmitted to the President and the Archivist. Contents: Descriptions of actions taken by the Review Board, the originating body, the President, or any government office. This includes justifications for postponing the disclosure of any record or part of a record. A benchmark-driven plan that includes recommendations for periodic review, downgrading, and declassification. It should also specify the exact time or occurrence after which each postponed item may be disclosed to the public. Post-Review Notifications: Upon determination that a UAP record shall be disclosed or postponed, the Review Board must notify the head of the originating body and publish the determination in the Federal Register within 14 days. Notices: Contemporaneous notice must be made to the President for executive branch records and to oversight committees for legislative branch records. These notices should include a written unclassified justification for disclosure or postponement, explaining the application of any relevant standards.
Presidential Authority
Decisions on Disclosure: The President has the sole and nondelegable authority to require the disclosure or postponement of UAP records from the executive branch, adhering to specified standards. Certification: Within 30 days after the Review Board’s determination, the President must provide the Review Board with an unclassified and classified written certification of their decision, including the justification and applicable grounds for postponement. Periodic Review: Postponed records must be reviewed periodically for potential downgrading, declassification, and disclosure according to the Controlled Disclosure Campaign Plan, unless these conflict with specified standards. Record of Presidential Postponement: The Review Board must publish any unclassified materials transmitted by the President regarding postponement in the Federal Register and adjust recommendations in the Controlled Disclosure Campaign Plan accordingly.
Public Notice and Reporting
Public Notice: Every 30 days, starting 60 days after the first approved postponement, the Review Board must publish a notice summarizing postponements in the Federal Register. Reports by the Review Board: Annual Reporting: The Review Board must report annually to Congress, the President, the Archivist, and relevant government offices. The first report is due one year after the enactment of this Act. Contents: Financial reports, progress updates, estimates of remaining tasks, cooperation levels of government offices, records of review activities, and suggestions for additional legislative authority. Briefings: Periodic briefings to the President, Archivist, and congressional leaders on the Controlled Disclosure Campaign Plan, including classified appendices and postponed disclosures. Termination Notice: At least 90 days before completing its work, the Review Board must notify the President and Congress of its intention to terminate operations. Briefing the All-Domain Anomaly Resolution Office: The Review Board must brief the All-domain Anomaly Resolution Office (AARO) or its successor on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures.
Disclosure of Recovered Technologies and Biological Evidence
Exercise of Eminent Domain: The Federal Government must exercise eminent domain over any recovered technologies of unknown origin and biological evidence of non-human intelligence held by private persons or entities. Availability to Review Board: All such materials must be made available to the Review Board for examination and disclosure determination. Review Board Actions: Decisions: Determine whether the materials constitute technologies of unknown origin or biological evidence of non-human intelligence beyond a reasonable doubt. Decide if such materials qualify for postponement of disclosure. Recommend changes to the current disposition of these materials for full disclosure. Access to Testimony and Witnesses: The Review Board must have access to all testimony and witnesses related to UAPs within the Federal Government’s possession. Solicitation of Additional Witnesses: The Review Board must solicit additional testimony from UAP witnesses and whistleblowers and provide protections as necessary.
Disclosure of Other Materials and Additional Study
Materials Under Seal of Court: The Review Board can request the Attorney General to petition courts to release relevant information held under seal. Grand Jury Secrecy: Similarly, the Review Board can request the release of information held under grand jury secrecy. Sense of Congress: Unsealing Records: The Attorney General should assist the Review Board in good faith to unseal relevant records. Foreign Governments: The Secretary of State should seek relevant materials from foreign governments. Executive Agencies: Heads of Executive agencies should fully cooperate with the Review Board to disclose all relevant materials in the public interest.
Rules of Construction
Precedence Over Other Law: This subtitle takes precedence over any other law that would prohibit the transmission or disclosure of records, except for specific tax confidentiality provisions. Freedom of Information Act (FOIA): This section ensures that the requirements for transmission and disclosure take precedence over conflicting laws or judicial decisions, promoting transparency and public access to information regarding UAPs.
SEC. 1766. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL STUDY.
(a) MATERIALS UNDER SEAL OF COURT.
Information Held Under Seal of a Court. The Review Board can request the Attorney General to petition any court, domestic or foreign, to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence held under the court’s seal. Information Held Under Injunction of Secrecy of Grand Jury. (A) The Review Board can request the Attorney General to petition any U.S. court to release relevant information held under the injunction of secrecy by a grand jury. (B) Requests for disclosure under this subtitle will be considered as showing a particularized need under Rule 6 of the Federal Rules of Criminal Procedure.
(b) SENSE OF CONGRESS.
Attorney General’s Assistance. The Attorney General should assist the Review Board in unsealing relevant records held under court seal or grand jury secrecy. Secretary of State’s Role. The Secretary of State should contact foreign governments holding relevant material to seek its disclosure. Cooperation from Executive Agencies. All heads of Executive agencies should fully cooperate with the Review Board to disclose all relevant material in the public interest.
SEC. 1767. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.
When transmission of a record to the Archivist or public disclosure is required, it takes precedence over any other law, except for Section 6103 of the Internal Revenue Code regarding tax returns and information. This includes judicial decisions or common law doctrines that would otherwise prohibit such disclosure, except for deeds governing gifts and donations of records to the U.S. Government.
(b) Freedom of Information Act.
Nothing in this subtitle should be interpreted to eliminate or limit any right to file requests or seek judicial review under the Freedom of Information Act (section 552 of title 5, United States Code).
(c) Judicial Review.
Nothing in this subtitle precludes judicial review of final actions under chapter 7 of title 5, United States Code.
(d) Existing Authority.
This subtitle does not revoke or limit the existing authority of the President, any executive agency, the Senate, the House of Representatives, or any other Federal Government entity to publicly disclose records in its possession.
(e) Rules of the Senate and House of Representatives.
To the extent any provision of this subtitle establishes a procedure for the Senate or the House of Representatives, it is adopted:
As an exercise of the rulemaking power of each respective House, forming part of their rules and applicable only to their procedure. It supersedes other rules only when inconsistent. With recognition of each House’s constitutional right to change its rules at any time.
SEC. 1768. TERMINATION OF EFFECT OF TITLE.
(a) Provisions Pertaining to the Review Board.
Provisions related to the Review Board’s appointment and operation cease to be effective when the Review Board and its members’ terms end under section 1761(n).
(b) Other Provisions.
Remaining provisions continue until the Archivist certifies to the President and Congress that all relevant records have been made public. The All-domain Anomaly Resolution Office, or its successor, shall develop standardized declassification guidance for any unidentified anomalous phenomena records generated after the Review Board’s termination.
SEC. 1769. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.
$20,000,000 is authorized for fiscal year 2025 to carry out the provisions of this subtitle.
(b) Interim Funding.
Until appropriated funds are available, the President may use discretionary funds to carry out this subtitle.
SEC. 1769A. SEVERABILITY.
If any provision or application of this subtitle is held invalid, the remainder and its application to other persons or circumstances remain unaffected.
SEC. 1769B. DEFINITIONS.
Archivist: The Archivist of the United States. Close Observer: Anyone in close proximity to unidentified anomalous phenomena or non-human intelligence. Collection: The Unidentified Anomalous Phenomena Records Collection. Controlled Disclosure Campaign Plan: The plan required by section 1765(c)(3). Controlling Authority: Any governmental, commercial, academic, or private entity in possession of technologies of unknown origin or biological evidence of non-human intelligence. Executive Agency: Defined in subsection 552(f) of title 5, United States Code. Government Office: Any Federal Government entity with possession or control of unidentified anomalous phenomena records. Identification Aid: The written description for each record. Leadership of Congress: The majority and minority leaders of the Senate, and the Speaker and minority leader of the House of Representatives. Legacy Program: Endeavors to collect, exploit, or reverse-engineer technologies of unknown origin or examine biological evidence of non-human intelligence predating this Act. National Archives: The National Archives and Records Administration and its components. Non-Human Intelligence: Sentient intelligent non-human life forms potentially responsible for unidentified anomalous phenomena. Originating Body: The entity that created a record or information within a record. Prosaic Attribution: Human origin, operating according to proven principles and laws of nature. Public Interest: Compelling interest in prompt public disclosure for historical and governmental purposes. Record: Various forms of communication and data storage media related to intelligence, surveillance, and reconnaissance. Review Board: The Unidentified Anomalous Phenomena Records Review Board. Technologies of Unknown Origin: Materials, mechanisms, or vehicles associated with unidentified anomalous phenomena, lacking prosaic attribution. Temporarily Non-Attributed Objects: (A) Objects initially resisting prosaic attribution but ultimately found to have a human origin or known physical cause. (B) Includes natural phenomena, human-made objects, and known foreign systems. Third Agency: A government agency that originated an unidentified anomalous phenomena record in possession of another agency. Unidentified Anomalous Phenomena: (A) Objects lacking prosaic attribution due to performance characteristics and properties not achievable based on accepted principles. Differentiated by observables like instantaneous acceleration without apparent inertia.
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