[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4210 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4210

 To provide for the expeditious disclosure of records relevant to the 
                 life and death of Tupac Amaru Shakur.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2005

 Ms. McKinney introduced the following bill; which was referred to the 
  Committee on Government Reform, and in addition to the Committee on 
 Rules, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for the expeditious disclosure of records relevant to the 
                 life and death of Tupac Amaru Shakur.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Tupac Amaru Shakur 
Records Collection Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings, declarations, and purposes.
Sec. 3. Definitions.
Sec. 4. Tupac Amaru Shakur records collection at the National Archives.
Sec. 5. Citizens Advisory Committee.
Sec. 6. Review, identification, transmission to the National Archives, 
                            and public disclosure of related records by 
                            Government offices.
Sec. 7. Postponement of public disclosure of records.
Sec. 8. Review of records.
Sec. 9. Disclosure of materials under seal of court.
Sec. 10. Private right of action.
Sec. 11. Rules of construction.
Sec. 12. Termination of effect of Act.
Sec. 13. Authorization of appropriations.
Sec. 14. Records pending.
Sec. 15. Whistleblower protection.
Sec. 16. Severability.

SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.

    (a) Findings and Declarations.--The Congress finds and declares 
that--
            (1) all Government records related to the life and death of 
        Tupac Amaru Shakur should be preserved for historical and 
        governmental purposes;
            (2) all Government records concerning the life and death of 
        Tupac Amaru Shakur should carry a presumption of immediate 
        disclosure, and all records should be eventually disclosed to 
        enable the public to become fully informed about the history 
        surrounding his life and death;
            (3) legislation is necessary to create an enforceable, 
        independent, and accountable process for the public disclosure 
        of such records;
            (4) legislation is necessary because Government records 
        related to the life and death of Tupac Amaru Shakur would not 
        otherwise be subject to public disclosure;
            (5) legislation is necessary because the Freedom of 
        Information Act, as implemented by the executive branch, is not 
        sufficient to insure the timely public disclosure of records 
        relating to the life and death of Tupac Amaru Shakur; and
            (6) only in the rarest cases is there any legitimate need 
        for continued protection of such records.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide for the creation of the Tupac Amaru Shakur 
        Records Collection at the National Archives; and a second 
        repository at the Tupac Amaru Shakur Center for the Arts in 
        Stone Mountain, Georgia; and
            (2) to require the expeditious public transmission to the 
        Archivist and public disclosure (including by electronic means) 
        of such records.

SEC. 3. DEFINITIONS.

     In this Act, the following definitions apply:
            (1) The term ``Archivist'' means the Archivist of the 
        United States.
            (2) The term ``related record'' includes all records, 
        public and private, regardless of how labeled or identified, 
        that document, describe, report on, analyze or interpret 
        activities, persons, or events reasonably related to the life 
        and death of Tupac Amaru Shakur and investigations of or 
        inquiries into his life or death, including a record--
                    (A) that was created or made available for use by, 
                obtained by, or otherwise came into the possession of--
                            (i) any Executive agency;
                            (ii) any independent agency;
                            (iii) any Government office; or
                            (iv) any State or local law enforcement 
                        office that provided support or assistance or 
                        performed work in connection with any 
                        Government inquiry into the life and death of 
                        Tupac Amaru Shakur; or
                    (B) that is any of the following:
                            (i) A record created in the course of a 
                        Federal, State, or local governmental 
                        investigation that is no longer in possession 
                        of the Federal, State, or local government.
                            (ii) A record located at, or under the 
                        control of--
                                    (I) record repositories and 
                                archives of a Federal, State, or local 
                                government;
                                    (II) an individual who possesses 
                                the record by virtue of service with a 
                                Government office;
                                    (III) a person, including an 
                                individual or corporation, who obtained 
                                such record from Government sources or 
                                individuals identified in this Act; or
                                    (IV) a person, including an 
                                individual or corporation, who created 
                                or has obtained such record from 
                                sources other than those identified in 
                                this clause.
                            (iii) A record of a Federal or State 
                        criminal or civil court, including a record 
                        under seal released in accordance with section 
                        8.
                            (iv) A record generated by a foreign 
                        government.
                            (v) A record in possession of a contractor 
                        of the Federal Government.
                            (vi) All records collected by or segregated 
                        by all Federal, State, and local government 
                        agencies in conjunction with any investigation 
                        or analysis of or inquiry into the life and 
                        death of Tupac Amaru Shakur, including any 
                        intra-agency investigation or analysis, any 
                        interagency communications, or any intra-agency 
                        collection or segregation of documents and 
                        other materials regarding the life and death of 
                        Tupac Amaru Shakur.
                            (vii) All documents used by Government 
                        offices and agencies during their 
                        declassification review of related records as 
                        well as all other documents, indices, and other 
                        material, including but not limited to those 
                        that disclose cryptonyms, code names, or other 
                        identifiers that appear in related records that 
                        would reasonably constitute a related record or 
                        would assist in the identification, evaluation, 
                        or interpretation of a related record, 
                        including--
                                    (I) with respect to records that 
                                are identified with respect to a 
                                particular person, all records relating 
                                to that person that use or reflect the 
                                true name or any other name, pseudonym, 
                                codeword, symbol, number, cryptonym, or 
                                alias used to identify that person;
                                    (II) with respect to records that 
                                are identified with respect to a 
                                particular operation or program, all 
                                records pertaining to that program by 
                                any other name, pseudonym, codeword, 
                                symbol, number, or cryptonym; and
                                    (III) any other record that does 
                                not fall within the scope of a related 
                                record as described in the Act, but 
                                which has the potential to enhance, 
                                enrich, and broaden the historical 
                                record of the life and death of Tupac 
                                Amaru Shakur.
            (3) The term ``Collection'' means the Tupac Amaru Shakur 
        Records Collection established under section 4.
            (4) The term ``Executive agency'' means an Executive agency 
        as defined in subsection 552(f) of title 5, United States Code, 
        and includes any Executive department, military department, 
        Government corporation, Government controlled corporation, or 
        other establishment in the executive branch of the Government, 
        including the Executive Office of the President, or any 
        independent regulatory agency.
            (5) The term ``Government office'' includes--
                    (A) all current, past, and former departments, 
                agencies, offices, divisions, foreign offices, bureaus, 
                and deliberative bodies of any Federal, State, or local 
                government and includes all inter- or intra-agency 
                working groups, committees, and meetings that possess 
                or created records relating to the life and death of 
                Tupac Amaru Shakur; and
                    (B) any office of the Federal Government that has 
                possession or control of related records, including any 
                other executive branch office or agency, and any 
                independent agency.
            (6) The term ``identification aid'' means the written 
        description prepared by the Archivist for each record as 
        required by section 5.
            (7) The term ``National Archives'' means the National 
        Archives and all components thereof, including Presidential 
        archival depositories established under section 2112 of title 
        44, United States Code.
            (8) The term ``official investigation'' means the reviews 
        of the activities or death of Tupac Amaru Shakur conducted by 
        any Federal, state or local agency either independently, or at 
        the request of any Government official.
            (9) The term ``originating body'' means the Executive 
        agency, or other governmental entity that created a record or 
        particular information within a record.
            (10) The term ``public interest'' means the compelling 
        interest in the prompt public disclosure of related records for 
        historical and governmental purposes and for the purpose of 
        fully informing the American people about the history 
        surrounding the life and death of Tupac Amaru Shakur
            (11) The term ``record'' includes a book, paper, map, 
        photograph, sound or video recording, machine readable 
        material, computerized, digitized, or electronic information, 
        regardless of the medium on which it is stored, or other 
        documentary material or physical evidence or artifact 
        regardless of its physical form or characteristics.
            (12) The term ``third agency'' means a Government agency 
        that originated a related record that is in the possession of 
        another agency.
            (13) The term ``Citizens Advisory Committee'' means an 
        independent body of qualified and concerned citizens, scholars, 
        legal experts and immediate family members of Tupac Amaru 
        Shakur to advise and assist in the implementation of this Act.

SEC. 4. TUPAC AMARU SHAKUR RECORDS COLLECTION AT THE NATIONAL ARCHIVES.

    (a) In General.--(1) Not later than 60 days after the date of 
enactment of this Act, the National Archives shall commence 
establishment of a collection of records to be known as the ``Tupac 
Amaru Shakur Records Collection.'' In so doing, the Archivist shall 
ensure the physical integrity and original provenance of all records. 
The Collection shall consist of originals or record copies of all 
Government records relating to the life and death of Tupac Amaru 
Shakur, which shall be transmitted to the National Archives in 
accordance with section 2107 of title 44, United States Code. The 
Archivist shall prepare and publish a subject guidebook and index to 
the collection, including the central directory described in paragraph 
(2)(B), which shall be available to the public and searchable 
electronically.
    (2) The Collection shall include--
            (A) all related records--
                    (i) that have been transmitted to the National 
                Archives or disclosed to the public in an un-redacted 
                form prior to the date of enactment of this Act, or 
                were so transmitted or disclosed and reclassified prior 
                to such date of enactment;
                    (ii) that are required to be transmitted to the 
                National Archives;
                    (iii) the disclosure of which is postponed under 
                this Act; or
                    (iv) that meets the definition of a related record 
                discovered after termination of the record review; and
            (B) a central directory comprised of identification aids 
        created for each record transmitted to the Archivist under 
        section 5; and
    (b) Use of Secondary Location for Portion of Collection.--
            (1) In general.--The Archivist shall enter into an 
        agreement with the Tupac Amaru Shakur Center for the Arts in 
        Stone Mountain, Georgia for the establishment of a secondary 
        location for a complete copy of the appropriate portion of the 
        Collection, not to include physical artifacts--
                    (A) which will provide a maximum level of public 
                access to copies of the portion of the Collection 
                involved; and
                    (B) which will encourage continuing study and 
                education regarding the life and death of Tupac Amaru 
                Shakur.
            (2) Treatment of collection at secondary location.--The 
        copies of the portion of the Collection maintained at the 
        secondary location pursuant to this subsection, and the entity 
        responsible for maintaining such copies of the collection under 
        the agreement under this subsection, shall be subject to the 
        same terms, conditions, and requirements as apply under this 
        Act to the portion of the Collection maintained at the National 
        Archives and the Archivist.
    (c) Availability of Collection at Archives and Electronically.--
Each item in the Collection (as described in subsection (a)(2)), other 
than an artifact or a record the disclosure of which is postponed under 
this Act, shall be available to the public for inspection and copying 
at the National Archives and through an electronic format within 30 
days after its transmission to the National Archives.
    (d) Fees for Copying.--The Archivist shall--
            (1) charge fees for copying such records; and
            (2) grant waivers of such fees pursuant to the standards 
        established by section 552(a)(4) of title 5, United States 
        Code.
    (e) Additional Requirements.--(1) The Collection shall be 
preserved, protected, archived, and made available to the public at the 
National Archives.
    (2) Whenever artifacts are included in the Collection at the 
National Archives, it shall be sufficient to comply with this Act if 
the public is provided with access to photographs, drawings, or similar 
materials depicting the artifacts. Additional display, examination, or 
testing by the public of artifacts in the Collection shall occur if 
there is a reasonable claim that such examination or testing will 
reveal aspects of the artifact that cannot be determined from such 
photographs or depictions, and shall occur under the terms and 
conditions established by the National Archives to ensure their 
preservation and protection for prosperity.
    (3) The National Archives, in consultation with its Information 
Security Oversight Office, shall ensure the security of the records in 
the Collection that qualify for postponement of public disclosure 
pursuant to section 6.

SEC. 5. CITIZENS ADVISORY COMMITTEE.

    (a) Not later than 60 days after the date of enactment of this Act, 
the National Archives shall appoint an independent Citizens Advisory 
Committee, subject to the Federal Advisory Committee Act (5 U.S.C., 
App.), as defined in App. 2, from candidates solicited from and 
nominated not later than 30 days after the date of the enactment of 
this Act by non-governmental organizations from the Society of American 
Archivists, the National Bar Association, the Black Caucus of the 
American Library Association, Inc., and the National Conference of 
Black Political Scientists, the civil rights, civil liberties, 
entertainment and African American community, which will consist of 
appointees--
            (1) who have not had any previous involvement with any 
        official investigations into the life and death of Tupac Amaru 
        Shakur,
            (2) who were never employed or engaged by any Federal, 
        state or local intelligence or law enforcement agency which is 
        covered in the scope of this Act's search for records related 
        to the life and death of Tupac Amaru Shakur,
            (3) who shall be impartial private citizens, none of whom 
        is presently employed by any branch of the Government, and
            (4) who shall be distinguished persons of high national 
        professional reputation in their respective fields who are 
        capable of exercising the independent and objective judgment 
        necessary to the fulfillment of their role in ensuring and 
        facilitating the review, transmission to the public, and public 
        disclosure of records related to the life and death of Tupak 
        Shakur,
                    (A) who possess an appreciation of the value of 
                such material to the public, scholars, and government, 
                and
                    (B) who include at least three scholars in current 
                history, at least 3 members of the civil rights 
                community, at least 3 experts on civil liberties, and 
                at least one member of the immediate family of Tupac 
                Amaru Shakur.
    (b) If an organization described in subsection (a) does not 
recommend at least 2 nominees meeting the qualifications stated, by the 
date that is 45 days after the date of enactment of this Act, the 
Archivist shall consider for nomination the persons recommended by the 
other organizations or communities described in subsection (a).
    (c) The Archivist may request an organization described in 
subsection (a) to submit additional nominations.
    (d) This Citizens Advisory Committee will not be compensated, but 
will meet at its discretion at least twice each year to advise and 
assist the archivist in the full implementation of this act, 
including--
            (1) suggestions assisting in the location of all related 
        records,
            (2) review of the public reasons for postponement decisions 
        and appeals regarding related records,
            (3) recommendations for subpoena of records or enforcement 
        of the Act,
            (4) evaluations regarding cooperation of Government 
        agencies and entities, and
            (5) participation in annual reviews and reports by the 
        Archivist.
    (e) Vacancy.--A vacancy on the Citizens Advisory Committee shall be 
filled in the same manner as specified for original appointment within 
30 days of the occurrence of the vacancy. Nominations for a vacancy 
shall be made by the organizations and communities described in 
subsection (a).
    (f) Chairperson.--The Members of the Citizens Advisory Committee 
shall elect one of its members as chairperson at its initial meeting.
    (g) Removal of Citizens Advisory Committee Member.--
            (1) In general.--No member of the Citizens Advisory 
        Committee shall be removed from office, other than--
                    (A) by impeachment and conviction; or
                    (B) by the action of the Archivist for 
                inefficiency, neglect of duty, malfeasance in office, 
                physical disability, mental incapacity, failure to meet 
                or falsification of any qualifications under subsection 
                (a)(1), or any other condition that substantially 
                impairs the performance of the member's duties.
            (2) Report.--
                    (A) Facts and grounds.--If a member of the Citizens 
                Advisory Committee is removed from office, and that 
                removal is by the Archivist, not later than 10 days 
                after the removal the Archivist shall submit to the 
                Committee on Government Reform of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate a report 
                specifying the facts found and the grounds for the 
                removal.
                    (B) Publication.--The Archivist shall publish in 
                the Federal Register a report submitted under 
                subsection (g)(2), except that the Archivist may, if 
                necessary to protect the rights of a person named in 
                the report or to prevent undue interference with any 
                pending prosecution, postpone or refrain from 
                publishing any or all of the report until the 
                completion of such pending cases or pursuant to privacy 
                protection requirements in law.
            (3) Judicial review.--
                    (A) Civil action.--A member of the Citizens 
                Advisory Committee removed from office may obtain 
                judicial review of the removal in a civil action 
                commenced in the United States District Court for the 
                District of Columbia.
                    (B) Reinstatement.--The member may be reinstated or 
                granted other appropriate relief by order of the court.

SEC. 6. REVIEW, IDENTIFICATION, TRANSMISSION TO THE NATIONAL ARCHIVES, 
              AND PUBLIC DISCLOSURE OF RELATED RECORDS BY GOVERNMENT 
              OFFICES.

    (a) In General.--
            (1) Preparation for review.--As soon as practicable after 
        the date of enactment of this Act, each Government office shall 
        identify and organize its records relating to the life and 
        death of Tupac Amaru Shakur, and prepare them for transmission 
        to the Archivist for inclusion in the Collection.
            (2) Determination of use of originals or copies.--
                    (A) For purposes of determining whether originals 
                or copies of related records are to be made part of the 
                Collection established under this Act, the following 
                shall apply:
                            (i) In the case of papers, maps, and other 
                        documentary materials, the Archivist may 
                        determine that record copies of Government 
                        records, either the signed original, original 
                        production, or a reproduction that has been 
                        treated as the official record maintained to 
                        chronicle government functions or activities 
                        may be placed in the Collection.
                            (ii) In the case of other papers, maps, and 
                        other documentary material, the Archivist may 
                        determine that a true and accurate copy of a 
                        record in lieu of the original may be placed in 
                        the Collection.
                            (iii) In the case of photographs, the 
                        original negative, whenever available 
                        (otherwise the nearest generation print that is 
                        a true and accurate copy), may be placed in the 
                        Collection.
                            (iv) In the case of motion pictures, the 
                        camera original, whenever available (otherwise 
                        the earliest generation print that is a true 
                        and accurate copy) may be placed in the 
                        Collection.
                            (v) In the case of sound and video 
                        recordings, the original recording, whenever 
                        available (otherwise the earliest generation 
                        copy that is a true and accurate copy) may be 
                        placed in the Collection.
                            (vi) In the case of machine-readable 
                        information, a true and accurate copy of the 
                        original (duplicating all information contained 
                        in the original and in a format that permits 
                        retrieval of the information) may be placed in 
                        the Collection.
                            (vii) In the case of artifacts, the 
                        original objects themselves shall be placed in 
                        the Collection at the National Archives.
                    (B) To the extent records from foreign governments 
                are included in the Collection, copies of the original 
                records shall be sufficient for inclusion in the 
                Collection.
                    (C) In cases where a copy, as defined in 
                subparagraph (D), is authorized by the Act to be 
                included in the Collection, the Archivist may require 
                that a copy be certified if, in its discretion, it 
                determines a certification to be necessary to ensure 
                the integrity of the Collection. In cases where an 
                original, as defined in subparagraph (A), is required 
                for inclusion in the Collection, the National Archives 
                may, at its discretion, accept the best available copy. 
                In such cases that records included in the Collection, 
                whether originals or copies, contain illegible 
                portions, such records shall have attached thereto a 
                certified transcription of the illegible language to 
                the extent practicable.
                    (D) For purposes of implementing this Act, the term 
                ``copy'' means true and accurate photocopy duplication 
                by a means appropriate to the medium of the original 
                record that preserves and displays the integrity of the 
                record and the information contained in it.
                    (E) Nothing in this paragraph shall be interpreted 
                to suggest that additional copies of any related 
                records contained in the Collection are not also 
                related records that, may also be placed in the 
                Collection.
                    (F) Nothing in this paragraph shall be interpreted 
                to prevent or to preclude copies of any electronic 
                related records from being reformatted electronically 
                in order to conform to different hardware or software 
                requirements of audiovisual or machine-readable formats 
                if such is the professional judgment of the National 
                Archives.
            (3) Related records.--In carrying out this section, a 
        Government office may not destroy, alter, or mutilate in any 
        way a related record.
            (4) Prior disclosure.--
                    (A) Except as provided in subparagraph (B), in 
                carrying out this section, a Government office may not 
                withhold, redact, postpone for public disclosure, or 
                reclassify a related record that was made available or 
                disclosed to the public prior to the date of enactment 
                of this Act.
                    (B) For purposes of subparagraph (A), a Government 
                office may withhold names or identifies, consistent 
                with the requirements of section 6, in a related record 
                created by a person or entity outside government.
    (b) Custody of Related Records Pending Review.--During the review 
by a Government office, the Government office shall retain custody of 
its related records for purposes of preservation, security, and 
efficiency, unless--
            (1) any oversight Committee requires the physical transfer 
        of records for purposes of conducting an independent and 
        impartial review;
            (2) it is a third agency record described in subsection 
        (c)(2)(C); or
            (3) any other records are transferred to the Archives for 
        public disclosure.
    (c) Review.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, each Government office shall review each 
        related record in its custody or possession in accordance with 
        paragraph (2).
            (2) Related records.--In carrying out paragraph (1), a 
        Government office shall--
                    (A) determine which of its records are related 
                records;
                    (B) determine which of its related records have 
                been officially disclosed or publicly available in a 
                complete and un-redacted form;
                    (C)(i) determine which of its related records, or 
                particular information contained in such a record, was 
                created by a third agency or by another Government 
                office; and
                    (ii) transmit to a third agency or other Government 
                office those records, or particular information 
                contained in those records, or complete and accurate 
                copies thereof;
                    (D)(i) determine whether its related records or 
                particular information in related records are covered 
                by the standards for postponement of public disclosure 
                under this Act; and
                    (ii) specify on the identification aid required by 
                subsection (d) the applicable postponement provision 
                contained in section 6;
                    (E) organize and make available to the Archivist 
                all related records identified under subparagraph (D) 
                the public disclosure of which in whole or in part may 
                be postponed under this Act;
                    (F) organize and make available to the Archivist 
                any record concerning which the office has any 
                uncertainty as to whether the record is a related 
                record governed by this Act;
                    (G) give priority to--
                            (i) the identification, review, and 
                        transmission of all related records publicly 
                        available or disclosed as of the date of 
                        enactment of this Act in a redacted or edited 
                        form; and
                            (ii) the identification, review, and 
                        transmission, under the standards for 
                        postponement set forth in this Act, of related 
                        records that on the date of enactment of this 
                        Act are the subject of litigation under section 
                        552 of title 5, United States Code; and
                    (H) make available to the National Archives any 
                additional information and records that the Archivist 
                has reason to believe it requires for conducting a 
                review under this Act, including the following:
                            (i) All training manuals, instructional 
                        materials and guidelines created or used by the 
                        Government office in furtherance of its review 
                        of related records.
                            (ii) All records, lists, and documents 
                        describing the procedure by which the office 
                        identified or selected related records for 
                        review.
                            (iii) Organizational charts of the office.
                            (iv) Records necessary and sufficient to 
                        describe the office's--
                                    (I) records policies and schedules;
                                    (II) filing systems and 
                                organization;
                                    (III) storage facilities and 
                                locations;
                                    (IV) indexing symbols, marks, 
                                codes, instructions, guidelines, 
                                methods, and procedures; and
                                    (V) search methods and procedures 
                                used in the performance of the duties 
                                of the office under this Act.
                            (v) Reclassification to a higher level, 
                        transfer, destruction, or other information 
                        (e.g., theft) regarding the status of related 
                        records.
    (d) Identification Aids.--
            (1) In general.--
                    (A) Standard form.--Not later than 45 days after 
                the date of enactment of this Act, the Archivist, in 
                consultation with the appropriate Government offices, 
                shall prepare and make available to all Government 
                offices a standard form of identification or finding 
                aid for use with each related record subject to review 
                under this Act.
                    (B) Uniform system.--The Archivist shall ensure 
                that the identification aid program is established in 
                such a manner as to result in the creation of a uniform 
                system of electronic records by Government offices that 
                are compatible with each other and which shall be made 
                publicly available and searchable electronically.
            (2) Printed copies.--Upon completion of an identification 
        aid by the Archivist, a Government office shall--
                    (A) attach a printed copy to the record it 
                describes;
                    (B) transmit to the Archivist a printed copy; and
                    (C) attach a printed copy to each related record it 
                describes when it is transmitted to the Archivist.
            (3) Publicly available records.--Related records which are 
        in the possession of the National Archives on the date of 
        enactment of this Act, and which have been publicly available 
        in their entirety without redaction, shall be made available in 
        the Collection without any additional review by any other 
        authorized office under this Act.
    (e) Transmission to the National Archives.--Each Government office 
shall--
            (1) transmit to the Archivist, and make immediately 
        available to the public, all related records that can be 
        publicly disclosed, including those that are publicly available 
        on the date of enactment of this Act, without any redaction, 
        adjustment, or withholding under the standards of this Act; and
            (2) transmit to the Archivist upon approval for 
        postponement or upon completion of other action authorized by 
        this Act, all related records the public disclosure of which 
        has been postponed, in whole or in part, under the standards of 
        this Act, to become part of the protected Collection.
    (f) Record Availability.--The National Archives and Executive 
branch agencies shall--
            (1) charge fees for copying related records;
            (2) grant waivers of such fees pursuant to the standards 
        established by section 552(a)(4) of title 5, United States 
        Code;
            (3) permit, when not deemed a risk by the Archivist, the 
        use of personal copying devices, including, but not limited to 
        portable scanners, digital cameras, and the like; and
            (4) make available to the public electronic versions of 
        related records, identification aids, and indexes.

SEC. 7. POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.

    (a) Grounds for Postponement.--Disclosure of related records or 
particular information in related records to the public may be 
postponed subject to the limitations of this Act if there is clear and 
convincing evidence that--
            (1) the threat, as of the time the postponement decision is 
        made, to the military defense, intelligence operations, or 
        conduct of foreign relations of the United States posed by the 
        public disclosure of the related record is of such gravity that 
        it outweighs the public interest, and such public disclosure 
        would reveal--
                    (A) a living intelligence agent whose identity 
                currently requires protection;
                    (B) an intelligence source or method which is 
                currently utilized, or reasonably expected to be 
                utilized, by the United States Government and which has 
                not been officially disclosed, the disclosure of which 
                would interfere with the conduct of intelligence 
                activities; or
                    (C) any other matter currently relating to the 
                military defense, intelligence operations, or conduct 
                of foreign relations of the United States, the 
                disclosure of which would demonstrably impair the 
                national security of the United States;
            (2) the public disclosure of the related record would 
        reveal the name or identity of a living person who provided 
        confidential information to the United States and would pose a 
        substantial risk of harm to that person;
            (3) the public disclosure of the related record could 
        reasonably be expected to constitute an unwarranted invasion of 
        a living person's personal privacy, and that invasion of 
        privacy is so substantial that it outweighs the public 
        interest; or
            (4) the public disclosure of the related record would 
        compromise the existence of an understanding of confidentiality 
        currently requiring protection between a Government agent and a 
        living cooperating individual or a foreign government, and 
        public disclosure would be so harmful that it outweighs the 
        public interest.
    (b) Custody of Postponed Related Records.--A related record the 
public disclosure of which has been postponed shall, pending 
transmission to the Archivist, be held for reasons of security and 
preservation by the originating body until such time as the information 
security program has been established at the National Archives as 
required by section 4(e)(2).
    (c) Annual Review of Postponed Related Records.--(1) All postponed 
or redacted records shall be reviewed annually by the originating 
agency and the Archivist consistent with the recommendations of the 
Act.
    (2) An annual review shall address the public disclosure of 
additional related records in the Collection. Any related records 
discovered since the preceding annual review in possession of any 
Federal, State, or local agency, Government office, organization, or 
person shall be added to the Collection, and the annual review also 
shall address the public disclosure of such records under the standard 
of this Act.
    (3) All postponed related records determined to require continued 
postponement shall require an unclassified written description of the 
record and the reason for such continued postponement. Such description 
shall be provided to the Archivist and published in the Federal 
Register upon determination.
    (4) The annual review of postponed related records shall serve to 
downgrade and declassify security-classified information and implement 
the presumption of release required by section 15.
    (d) Requirement to Disclose Postponed Records.--Each related record 
shall be publicly disclosed in full, and available in the Collection no 
later than 1 year after the termination of the initial review, or the 
date that is 3 years after the date of enactment of this Act, whichever 
is earlier, unless the President certifies, as required by this Act, 
that continued postponement is made necessary by--
            (1) a current and identifiable harm to the military 
        defense, intelligence operations, law enforcement, or conduct 
        of foreign relations; and
            (2) the identifiable harm is of such gravity that it 
        outweighs the public interest in disclosure.

SEC. 8. REVIEW OF RECORDS.

    (a) Startup Requirements.--The Government agencies and entities in 
possession of related records shall--
            (1) not later than 90 days after the date of its 
        appointment, publish a schedule for review of all related 
        records in the Federal Register; and
            (2) not later than 180 days after the date of its 
        appointment, begin its review of related records under this 
        Act.
    (b) Determinations of the Archivist Relating to Public Disclosure 
and Postponement.--
            (1) Transmittal.--The National Archives shall direct that 
        all related records be transmitted to the Archivist and 
        disclosed to the public in the Collection in the absence of 
        clear and convincing evidence that--
                    (A) a Government record is not a related record; or
                    (B) a Government record or particular information 
                within a related record qualifies for postponement of 
                public disclosure under this Act.
            (2) Powers.--
                    (A) Archivist.--The Archivist shall have the 
                authority to act in a manner prescribed under this Act 
                including authority to--
                            (i) direct Government offices to complete 
                        identification aids and organize related 
                        records;
                            (ii) direct Government offices to transmit 
                        to the National Archives related records as 
                        required under this Act, including segregable 
                        portions of related records, and substitutes 
                        and summaries of related records that can be 
                        publicly disclosed to the fullest extent;
                            (iii) obtain access to related records that 
                        have been identified and organized by a 
                        Government office;
                            (iv) receive information from the public 
                        regarding the identification and public 
                        disclosure of related records;
                            (v) hold hearings, administer oaths, and 
                        subpoena witnesses and documents; and
                            (vi) appoint liaisons to all Federal 
                        agencies that have created related records, or 
                        have related records in their possession.
                    (B) Citizens advisory committee.--The Citizens 
                Advisory Committee shall have the authority to act in a 
                manner prescribed under this Act including authority 
                to--
                            (i) direct a Government office to make 
                        available to the Citizens Advisory Committee, 
                        and if necessary investigate the facts 
                        surrounding, additional information, records, 
                        or testimony from individuals, which the 
                        Citizens Advisory Committee has reason to 
                        believe is required to insure full disclosure 
                        of related records and fulfill its functions 
                        and responsibilities under this Act;
                            (ii) request the Attorney General to 
                        subpoena private persons and State and Federal 
                        employees to compel testimony, and other 
                        information relevant to its responsibilities 
                        under this Act;
                            (iii) require any Government office to 
                        account in writing for the previous destruction 
                        of any records relating to the life or death of 
                        Tupac Amaru Shakur;
                            (iv) receive information from the public 
                        regarding the identification and public 
                        disclosure of related records; and
                            (v) hold hearings, administer oaths, and 
                        subpoena witnesses.
                    (C) Enforcement.--Any subpoena issued under 
                provisions of this Act, by the Archivist or the 
                Citizens Advisory Committee, may be enforced by any 
                appropriate Federal court acting pursuant to a lawful 
                request.
            (3) Notice of related record designation.--
                    (A) In determining to designate related records, 
                the Archivist must determine that the record or group 
                of records will more likely than not enhance, enrich, 
                and broaden the historical record of the life and death 
                of Tupac Amaru Shakur.
                    (B) A Notice or Related Record Designation (NRRD) 
                shall be the mechanism for the Archivist to announce 
                publicly its determination that a record or group of 
                records meets the definition of related records.
            (4) Postponement.--
                    (A) The Archivist shall consider and render 
                decisions on a determination by a Government office to 
                seek to postpone the disclosure of related records. In 
                carrying out this subparagraph, the Archivist shall--
                            (i) consider and render decisions on 
                        whether a record constitutes a related record;
                            (ii) consider and render decisions on 
                        whether a related record or particular 
                        information in a record qualifies for 
                        postponement of disclosure under this Act; and
                            (iii) in the case of a related record that 
                        qualifies for such postponement, set specific 
                        conditions and dates for public disclosure of 
                        the record, related to events or specific dates 
                        when the reasons for postponement will end.
                    (B) A related record shall be released in its 
                entirety except for portions specifically postponed 
                pursuant to the grounds for postponement of public 
                disclosure of records established in section 6(a), and 
                no portion of any related record shall be withheld from 
                public disclosure solely on grounds of non-relevance 
                unless, in the Archivist's sole discretion, release of 
                a part of a record is sufficient to comply with the 
                intent and purposes of this Act.
                    (C) In approving postponement of public disclosure 
                of a related record, the Archivist shall seek to--
                            (i) provide for the disclosure of 
                        segregable parts, substitutes, or summaries of 
                        such a record; and
                            (ii) determine, in consultation with the 
                        originating body and consistent with the 
                        standards for postponement under this Act, 
                        which of the following alternative forms of 
                        disclosure shall be made by the originating 
                        body:
                                    (I) Any reasonably segregable 
                                particular information in a related 
                                record.
                                    (II) A substitute record for that 
                                information which is postponed.
                                    (III) A summary of a related 
                                record.
            (5) Report.--With respect to each related record or 
        particular information in related records the public disclosure 
        of which is postponed pursuant to section 6, or for which only 
        substitutions or summaries have been disclosed to the public, 
        the Government agency or entity shall create and transmit to 
        the Archivist a report containing--
                    (A) a description of actions by the Archivist, the 
                originating body, the President, or any Government 
                office (including a justification of any such action to 
                postpone disclosure of any record or part of any 
                record) and of any official proceedings conducted by 
                the Archivist with regard to specific related records; 
                and
                    (B) a statement of the specific conditions and 
                dates for the public disclosure of the record as set by 
                the Archivist under paragraph (3)(A)(iii).
            (6) Notice.--
                    (A) In general.--Following its review and a 
                determination that a related record shall be publicly 
                disclosed in the Collection or postponed for disclosure 
                and held in the protected Collection, the Archivist 
                shall notify the head of the originating body of its 
                determination, publish a copy of the determination in 
                the Federal Register within 14 days after the 
                determination is made, and provide that the 
                determination is searchable electronically.
                    (B) Contemporaneous notice to executive and 
                legislative branches.--Contemporaneous notice shall be 
                made to the President for Archivist determinations 
                regarding executive branch related records, and to the 
                oversight committees designated in this Act in the case 
                of legislative branch records. Such notice shall 
                contain a written unclassified justification for public 
                disclosure or postponement of disclosure, including an 
                explanation of the application of any standards 
                contained in section 6.
    (c) Presidential Authority Over Archivist Determination.--
            (1) Public disclosure or postponement of disclosure.--After 
        the Archivist has made a formal determination concerning the 
        public disclosure or postponement of disclosure of an executive 
        branch related record or information within such a record, or 
        of any information contained in a related record, obtained or 
        developed solely within the executive branch, and upon a 
        written appeal to the President by the originating agency, the 
        Citizens Advisory Committee, or third agency within 30 days 
        after such determination, the President shall have the sole and 
        non-delegable authority to require the disclosure or 
        postponement of such record or information under the standards 
        set forth in section 6, and the President shall provide the 
        Archivist with an unclassified written certification specifying 
        the President's decision within 30 days after the Archivist's 
        determination and notice to the executive branch agency as 
        required under this Act, stating the justification for the 
        President's decision, including the applicable grounds for 
        postponement under section 6, accompanied by a copy of the 
        identification aid required under section 4. If, after 30 days, 
        the President has not transmitted such written certification to 
        the Archivist, the Archivist may proceed according to the 
        previous formal determination.
            (2) Annual review.--Any executive branch related record 
        postponed by the President shall be subject to the requirements 
        of annual review, downgrading and declassification of 
        classified information, and public disclosure in the collection 
        set forth in section 6.
            (3) Record of presidential postponement.--The Archivist 
        shall, upon its receipt, publish in the Federal Register a copy 
        of any unclassified written certification, statement, and other 
        materials transmitted by or on behalf of the President with 
        regard to postponement of related records and provide that such 
        copies are searchable electronically.
                    (A) Notice to public.--Every 30 calendar days, 
                beginning on the date that is 60 calendar days after 
                the date on which the Archivist first approves the 
                postponement of disclosure of a related record, the 
                Archivist shall publish in the Federal Register a 
                notice that summarizes the postponements approved by 
                the Archivist or initiated by the President, the House 
                of Representatives, or the Senate, including a 
                description of the subject, originating agency, length 
                or other physical description, and each ground for 
                postponement that is relied upon, and provide that the 
                notice is searchable electronically.
                    (B) Reports by the archivist.--The Archivist shall 
                report such activities to the leadership of the 
                Congress, the Committee on Government Reform of the 
                House of Representatives, the Committee on Homeland 
                Security and Governmental Affairs of the Senate, the 
                President, the head of any Government office whose 
                records have been the subject of Archivist activity, 
                and the Citizens Advisory Committee.
            (4) Annual reports.--
                    (A) The first annual report shall be issued on the 
                date that is 1 year after the date of enactment of this 
                Act, and subsequent reports every 12 months thereafter 
                until termination of each annual review.
                    (B) A report under paragraph (1) shall include the 
                following information:
                            (i) A financial report of the expenses for 
                        all official activities and requirements of the 
                        National Archives and its personnel.
                            (ii) The progress made on review, 
                        transmission to the Archivist, and public 
                        disclosure of related records.
                            (iii) The estimated time and volume of 
                        related records involved in the completion of 
                        the Archivist's performance under this Act.
                            (iv) Any special problems, including 
                        requests and the level of cooperation of 
                        Government offices, with regard to the ability 
                        of the Archivist to operate as required by this 
                        Act.
                            (v) A record of review activities, 
                        including a record of postponement decisions by 
                        the Archivist or other related actions 
                        authorized by this Act, and a record of the 
                        volume of records reviewed and postponed.
                            (vi) Suggestions and requests to Congress 
                        for additional legislative authority needs.
                            (vii) An appendix containing copies of 
                        reports of postponed records to the Archivist 
                        required under section 7(c)(3) made since the 
                        date of the preceding report under this 
                        subsection.
                            (viii) Any recommendations made by the 
                        Citizens Advisory Committee, appointed by the 
                        National Archives.
                            (ix) Any recommendations of the Archivist.
            (5) At least 90 calendar days before completing work 
        relative to this Act, the Archivist shall provide written 
        notice to the President and Congress of its intention to 
        terminate operations at a specified date.
            (6) Oversight.--The Committee on Government Reform of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate shall have continuing 
        oversight jurisdiction with respect to the official conduct of 
        the Archivist and the Citizens Advisory Committee, and the 
        disposition of postponed or newly discovered records after 
        termination of the Act, and shall conduct periodic hearings on 
        the conduct of the board not less than every year for a period 
        ending 3 years after enactment, or one year after the Archivist 
        certifies that all related records have been fully released to 
        the public.

SEC. 9. DISCLOSURE OF MATERIALS UNDER SEAL OF COURT.

    (a) Requests to Attorney General.--
            (1) Requests for information or evidence under seal.--The 
        Archivist may request the Attorney General--
                    (A) to petition any court in the United States or 
                abroad to release any information or physical evidence 
                relevant to the life or death of Tupac Amaru Shakur 
                that is held under seal of the court; or
                    (B) to subpoena any such information or evidence if 
                such information or evidence is no longer in the 
                possession of the Government.
            (2) Requests for information under injunction of secrecy of 
        a grand jury.--
                    (A) The Archivist may request the Attorney General 
                to petition any court in the United States to release 
                any information relevant to the life or death of Tupac 
                Amaru Shakur that is held under the injunction of 
                secrecy of a grand jury.
                    (B) A request for disclosure of related materials 
                under this Act shall be deemed to constitute a showing 
                of particularized need under Rule 6 of the Federal 
                Rules of Criminal Procedure.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the Attorney General should assist the Archivist in 
        good faith to unseal any records that the Archivist determines 
        to be relevant and held under seal by a court or under the 
        injunction of secrecy of a grand jury;
            (2) the Secretary of State should contact any other foreign 
        government that may hold information relevant to the life and 
        death of Tupac Amaru Shakur to seek the disclosure of such 
        information, and report on progress on these matters to the 
        Archivist in a timely fashion; and
            (3) all Executive agencies should cooperate in full with 
        the Archivist to seek the disclosure of all information 
        relevant to the life and death of Tupac Amaru Shakur, 
        consistent with the public interest.

SEC. 10. PRIVATE RIGHT OF ACTION.

    (a) In General.--Any person who is aggrieved by a violation of this 
Act may bring a civil action in an appropriate district court for 
declaratory or injunctive relief with respect to the violation.
    (b) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney fees, including litigation expenses, and costs.

SEC. 11. RULES OF CONSTRUCTION.

    (a) Precedence Over Other Law.--When this Act requires transmission 
of a record to the Archivist or public disclosure, it shall take 
precedence over any other law (except section 6103 of the Internal 
Revenue Code), judicial decision construing such law, or common law 
doctrine that would otherwise prohibit such transmission or disclosure.
    (b) Freedom of Information Act.--Nothing in this Act shall be 
construed to eliminate or limit any right to file requests with any 
executive agency or seek judicial review of the decisions pursuant to 
section 552 of title 5, United States Code, except that any related 
record discovered after termination of the Act shall be considered for 
postponement or public disclosure under the standards of this Act, not 
such section 552.
    (c) Judicial Review.--Nothing in this Act shall be construed to 
preclude judicial review, under chapter 7 of title 5, United States 
Code, of final actions taken or required to be taken under this Act.
    (d) Existing Authority.--Nothing in this Act revokes or limits the 
existing authority of the President, any executive agency, the Senate, 
or the House of Representatives, or any other entity of the Government 
to publicly disclose records in its possession.
    (e) Rules of the Senate and House of Representatives.--To the 
extent that any provision of this Act establishes a procedure to be 
followed in the Senate or the House of Representatives, such provision 
is adopted--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and is deemed to be 
        part of the rules of each House, respectively, but applicable 
        only with respect to the procedure to be followed in that 
        House, and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 12. TERMINATION OF EFFECT OF ACT.

    (a) Provisions Pertaining to the Archivist.--The provisions of this 
Act that pertain to the Archivist shall cease to be effective when the 
annual reviews terminate, or full disclosure is effected within 3 years 
of enactment of this Act.
    (b) Other Provisions.--The remaining provisions of this Act shall 
continue in effect until such time as the Archivist certifies to the 
President and the Congress that all related records, including any 
related record subsequently discovered as described in section 6(c)(2), 
have been made available to the public in accordance with this Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated such sums as are necessary 
to carry out this Act, to remain available until expended.

SEC. 14. RECORDS PENDING.

     Upon termination of the annual reviews, all records that are still 
pending postponement determinations shall be presumed to be available 
for release. Any related record discovered in the possession of any 
Government agency or entity after termination of this Act will be 
released to the Archivist for public disclosure under the provisions of 
this Act.

SEC. 15. WHISTLEBLOWER PROTECTION.

     All members of the Archivist's staff, the Archivist, the National 
Archives, and all Federal agencies covered under this Act shall treat 
relevant employees in accordance with the provisions of chapter 23 of 
title 5, United States Code, prohibiting certain personnel practices 
(commonly referred to as whistleblower protection provisions), 
particularly relating to the disclosure of improper document retention, 
release, and disclosure.

SEC. 16. SEVERABILITY.

     If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of this Act and 
the application of that provision to other persons not similarly 
situated or to other circumstances shall not be affected by the 
invalidation.
                                 <all>