HR 4210 IH
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
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. 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
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. 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
(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
(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
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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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.
(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.
(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
(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
(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
(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
(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
(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
(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
(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.
(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
(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
(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
(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;
(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
(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
(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.
(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
(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.
(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
(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
(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).
(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
(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
(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
(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
(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.
(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
(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
(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
(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
(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
(B) to subpoena any such information or evidence if
such information or evidence is no longer in the possession of the
(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
(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
(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
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
(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
(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