[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4968 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4968

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2006

 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 Shakur 
Records Release Act of 2006''.
    (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 by Archivist.
Sec. 9. Disclosure of materials under seal of court.
Sec. 10. Private right of action.
Sec. 11. Rules of construction.
Sec. 12. Authorization of appropriations.
Sec. 13. Records pending.
Sec. 14. Whistleblower protection.
Sec. 15. 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 ensure 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 ``Citizens Advisory Committee'' means the 
        Citizens Advisory Committee appointed under section 5.
            (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 
                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 6.
            (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 ``related record'' includes all public 
        records, 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 
                        9.
                            (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.
            (13) The term ``third agency'' means a Government agency 
        that originated a related record that is in the possession of 
        another agency.

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 
                but is discovered after completion of the record review 
                under section 6(c) or termination of activities of the 
                Archivist under this Act under section 8(f); and
            (B) a central directory comprised of identification aids 
        created for each record transmitted to the Archivist under 
        section 6.
    (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, or another location agreed to by the 
        family of Tupac Shakur, for the establishment of a secondary 
        location for a complete copy of an appropriate portion (not 
        including physical artifacts) of the Collection--
                    (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 entered into 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, 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 7.

SEC. 5. CITIZENS ADVISORY COMMITTEE.

    (a) Appointment.--Not later than 60 days after the date of 
enactment of this Act, the Archivist shall appoint an independent 
Citizens Advisory Committee, subject to the Federal Advisory Committee 
Act (5 U.S.C. App.) 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., the National Conference of Black Political 
Scientists, and the civil rights, civil liberties, entertainment and 
African American communities, which shall 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 that 
        generated or that is required to transmit to the Archivist 
        under section 6 any related record;
            (3) who shall be impartial private citizens, none of whom 
        is presently employed by any branch of the Government;
            (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 Tupac 
        Shakur;
            (5) who possess an appreciation of the value of such 
        material to the public, scholars, and government; and
            (6) who include at least 3 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) Nominations.--
            (1) If an organization described in subsection (a) does not 
        recommend at least 2 nominees meeting the qualifications stated 
        in that subsection, 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).
            (2) The Archivist may request an organization described in 
        subsection (a) to submit additional nominations.
    (c) Compensation.--The Citizens Advisory Committee shall not be 
compensated, but shall 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 to assist 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.
    (d) Vacancy.--A vacancy on the Citizens Advisory Committee shall be 
filled in the same manner as specified for original appointment within 
30 days after the occurrence of the vacancy. Nominations for a vacancy 
shall be made by the organizations and communities described in 
subsection (a).
    (e) Chairperson.--The Members of the Citizens Advisory Committee 
shall elect one of its members as chairperson at its initial meeting.
    (f) 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, 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 paragraph 
                (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 Archivist to be 
                included in the Collection, the Archivist may require 
                that a copy be certified if, in the discretion of the 
                Archivist, the Archivist 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 
                Archivist may, at the discretion of the Archivist, 
                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 7;
                    (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 under paragraph (1) by the Archivist, a Government office 
        shall--
                    (A) attach a printed copy of the identification aid 
                describing a related record to the related record it 
                describes;
                    (B) when a related record is transmitted to the 
                Archivist pursuant to subsection (e), include with the 
                related record such printed copy of the identification 
                aid, including an indication of whether the record is 
                to be made available immediately to the public or 
                recommended for postponement; and
                    (C) make available to the public electronically 
                each identification aid describing a related record, 
                whether or not the record is made available to the 
                public.
    (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 all related records the 
        public disclosure of which the office recommends be postponed, 
        in whole or in part, under the standards of section 7, to 
        become part of the protected Collection.
    (f) 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 authorized office under this Act.
    (g) 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 on the request of an Executive agency or Government office, 
only after a review and decision by the Archivist, and 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 challenged by an Executive agency 
or Government office may be postponed only by the Archivist but shall, 
pending transmission to the National Archives, 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)(3).
    (c) Annual Review of Postponed Related Records and Additional 
Related Records.--(1) All postponed or redacted records shall be 
reviewed annually by the originating agency and the Archivist, 
consistent with the standards under subsection (a). The annual reviews 
shall cease upon termination of activities of the Archivist under this 
Act pursuant to section 8(g).
    (2) An annual review shall address the public disclosure of any 
related records in the Collection, including any related records 
discovered since the preceding annual review in possession of any 
Federal, State, or local agency, Government office, organization, or 
person.
    (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) All postponed records determined in an annual review to no 
longer require continued postponement shall be publicly disclosed in 
full and added to the Collection.
    (d) Requirement to Disclose Postponed Records.--Each related record 
shall be publicly disclosed in full, and available in the Collection 
not later than 1 year after the termination of activities of the 
Archivist under this Act under section 8(f), or the date that is 3 
years after the date of the enactment of this Act, whichever is 
earlier, unless the President certifies 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 BY ARCHIVIST.

    (a) Requirement for Review.--The Archivist shall conduct a review 
of related records in accordance with this section.
    (b) Deadlines for Start of Review.--The Archivist shall--
            (1) not later than 30 days after the date of appointment of 
        the Citizens Advisory Committee, publish in the Federal 
        Register a schedule for conducting the review; and
            (2) not later than 90 days after the date of appointment of 
        the Citizens Advisory Committee, begin the review.
    (c) Determinations of the Archivist Relating to Public Disclosure 
and Postponement.--
            (1) Presumption of release to public.--The Archivist shall 
        direct that all related records be transmitted to the National 
        Archives 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 ensure 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 of 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 recommendation by a Government office 
                under section 6(e)(2) to postpone the public disclosure 
                of a related record. 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 7(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) Notice.--
                    (A) In general.--After a decision by the Archivist 
                under paragraph (4) 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 the decision, publish a copy of the decision in the 
                Federal Register within 14 days after the decision is 
                made, and provide that the decision is searchable 
                electronically.
                    (B) Contemporaneous notice to executive and 
                legislative branches.--Contemporaneous notice shall be 
                made to the President for Archivist decisions regarding 
                executive branch related records, and to the oversight 
                committees specified in subsection (i) 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 standards contained 
                in section 7.
    (d) Presidential Authority Over Archivist Determination.--
            (1) Public disclosure or postponement of disclosure.--After 
        the Archivist has made a formal decision 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 decision, 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 7, and the President shall provide the Archivist with 
        an unclassified written certification specifying the 
        President's decision within 30 days after the Archivist's 
        decision 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 7, accompanied by a copy of the identification 
        aid required under section 6. If, after 30 days, the President 
        has not transmitted such written certification to the 
        Archivist, the Archivist may proceed according to the previous 
        formal decision.
            (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 of the collection 
        set forth in section 7(c).
            (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.
    (e) Notice to Public.--
            (1) Report requirement.--Every 30 days, the Archivist shall 
        submit to the committees described in paragraph (2) and publish 
        in the Federal Register a report on related records or 
        particular information in related records the public disclosure 
        of which is postponed by the Archivist under subsection (c) or 
        by the President under subsection (d) during the preceding 30 
        days. With respect to each such record, the report shall 
        contain--
                    (A) a description of the subject of the record, the 
                originating agency, the length or other physical 
                description of the record, and each ground for 
                postponement that is relied upon, and provide that the 
                notice is searchable electronically.
                    (B) a description of actions by the Archivist, the 
                originating agency, the President, or any Government 
                office with respect to the related record (including a 
                justification of each ground for postponement of the 
                record or part of the record) and of any official 
                proceedings conducted by the Archivist with regard to 
                the record or part of the record; and
                    (C) a statement of the specific conditions and 
                dates for the public disclosure of the record as set by 
                the Archivist under subsection (c)(4)(A)(iii).
            (2) Committees described.--The committees described in this 
        paragraph are the Committee on Government Reform of the House 
        of Representatives, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, and the Citizens Advisory 
        Committee.
            (3) Deadline.--The first report required by paragraph (1) 
        shall be submitted and published not later than the date that 
        is 60 calendar days after the date on which the Archivist first 
        approves the postponement of disclosure of a related record.
            (4) Electronic searchability.--The Archivist shall ensure 
        that the report required by this subsection is searchable 
        electronically.
    (f) Reports by the Archivist.--
            (1) In general.--The Archivist shall report the activities 
        of the Archivist under this Act to the leadership of 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.
            (2) Annual reports.--The first report under this subsection 
        shall be issued on the date that is 1 year after the date of 
        enactment of this Act, and subsequent reports shall be issued 
        every 12 months thereafter until termination of activities of 
        the Archivist under this Act pursuant to section 8(g).
            (3) Matters covered.--A report under paragraph (2) shall 
        include the following information:
                    (A) A financial report of the expenses for all 
                official activities and requirements of the National 
                Archives and its personnel.
                    (B) The progress made on review, transmission to 
                the Archivist, and public disclosure of related 
                records.
                    (C) The estimated time and volume of related 
                records involved in the completion of the Archivist's 
                performance under this Act.
                    (D) 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.
                    (E) 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.
                    (F) Suggestions and requests to Congress for 
                additional legislative authority needs.
                    (G) 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.
                    (H) Any recommendations made by the Citizens 
                Advisory Committee.
                    (I) Any recommendations of the Archivist.
    (g) Notice of Termination of Activities Under This Act.--At least 
90 calendar days before completing activities required under this Act 
and submitting the certification under subsection (h), the Archivist 
shall provide written notice to the President and Congress of the 
Archivist's intention to terminate activities under this Act at a 
specified date.
    (h) Certification of Completion of Archivist Activities Under This 
Act.--Upon completing activities required under this Act, including 
collecting related records, reviewing related records, and releasing or 
postponing related records, the Archivist shall submit to the President 
and Congress a written certification that the activities of the 
Archivist are complete under this Act.
    (i) 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 activities of the Archivist 
under this Act pursuant to section 8(g)), and shall conduct periodic 
hearings on the conduct of the Archivist and the Citizens Advisory 
Committee not less than every year for a period ending 3 years after 
the date of the enactment of this Act.

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 activities of the Archivist 
under this Act pursuant to section 8(g) 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. 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. 13. RECORDS PENDING.

     Upon termination of activities of the Archivist under this Act 
pursuant to section 8(g), all records that are still pending 
postponement determinations shall be presumed to be available for 
release to the public. Any related record discovered in the possession 
of any Government agency or entity after termination of such activities 
shall be released to the Archivist for public disclosure under the 
provisions of this Act.

SEC. 14. WHISTLEBLOWER PROTECTION.

     All members of the staff of the National Archives, the Archivist, 
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. 15. 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>