I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Tupac Shakur Records Release Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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. 

1 SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES. 

2 (a) FINDINGS AND DECLARATIONS.—The Congress 

3 finds and declares that— 

4 (1) all Government records related to the life 

5 and death of Tupac Amaru Shakur should be pre6 served for historical and governmental purposes; 

7 (2) all Government records concerning the life 

8 and death of Tupac Amaru Shakur should carry a 

9 presumption of immediate disclosure, and all records 

10 should be eventually disclosed to enable the public to 

11 become fully informed about the history surrounding 

12 his life and death; 

13 (3) legislation is necessary to create an enforce14 able, independent, and accountable process for the 

15 public disclosure of such records; 

16 (4) legislation is necessary because Government 

17 records related to the life and death of Tupac 

18 Amaru Shakur would not otherwise be subject to 

19 public disclosure; 


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1 (5) legislation is necessary because the Freedom 

2 of Information Act, as implemented by the executive 

3 branch, is not sufficient to ensure the timely public 

4 disclosure of records relating to the life and death 

5 of Tupac Amaru Shakur; and 

6 (6) only in the rarest cases is there any legiti7 mate need for continued protection of such records. 

8 (b) PURPOSES.—The purposes of this Act are— 

9 (1) to provide for the creation of the Tupac 

10 Amaru Shakur Records Collection at the National 

11 Archives and a second repository at the Tupac 

12 Amaru Shakur Center for the Arts in Stone Moun13 tain, Georgia; and 

14 (2) to require the expeditious public trans15 mission to the Archivist and public disclosure (in16 cluding by electronic means) of such records. 

17 SEC. 3. DEFINITIONS. 

18 In this Act, the following definitions apply: 

19 (1) The term ‘‘Archivist’’ means the Archivist 

20 of the United States. 

21 (2) The term ‘‘Citizens Advisory Committee’’ 

22 means the Citizens Advisory Committee appointed 

23 under section 5. 


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1 (3) The term ‘‘Collection’’ means the Tupac 

2 Amaru Shakur Records Collection established under 

3 section 4. 

4 (4) The term ‘‘Executive agency’’ means an Ex5 ecutive agency as defined in subsection 552(f) of 

6 title 5, United States Code, and includes any Execu7 tive department, military department, Government 

8 corporation, Government controlled corporation, or 

9 other establishment in the executive branch of the 

10 Government, including the Executive Office of the 

11 President, or any independent regulatory agency. 

12 (5) The term ‘‘Government office’’ includes— 

13 (A) all current, past, and former depart14 ments, agencies, offices, divisions, foreign of15 fices, bureaus, and deliberative bodies of any 

16 Federal, State, or local government and in17 cludes all inter- or intra-agency working groups, 

18 committees, and meetings that possess or cre19 ated records relating to the life and death of 

20 Tupac Amaru Shakur; and 

21 (B) any office of the Federal Government 

22 that has possession or control of related 

23 records, including any executive branch office or 

24 agency, and any independent agency. 


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1 (6) The term ‘‘identification aid’’ means the 

2 written description prepared by the Archivist for 

3 each record as required by section 6. 

4 (7) The term ‘‘National Archives’’ means the 

5 National Archives and all components thereof, in6 cluding Presidential archival depositories established 

7 under section 2112 of title 44, United States Code. 

8 (8) The term ‘‘official investigation’’ means the 

9 reviews of the activities or death of Tupac Amaru 

10 Shakur conducted by any Federal, State or local 

11 agency either independently, or at the request of any 

12 Government official. 

13 (9) The term ‘‘originating body’’ means the Ex14 ecutive agency or other governmental entity that cre15 ated a record or particular information within a 

16 record. 

17 (10) The term ‘‘public interest’’ means the 

18 compelling interest in the prompt public disclosure 

19 of related records for historical and governmental 

20 purposes and for the purpose of fully informing the 

21 American people about the history surrounding the 

22 life and death of Tupac Amaru Shakur 

23 (11) The term ‘‘record’’ includes a book, paper, 

24 map, photograph, sound or video recording, machine 

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1 tronic information, regardless of the medium on 

2 which it is stored, or other documentary material or 

3 physical evidence or artifact regardless of its phys4 ical form or characteristics. 

5 (12) The term ‘‘related record’’ includes all 

6 public records, regardless of how labeled or identi7 fied, that document, describe, report on, analyze or 

8 interpret activities, persons, or events reasonably re9 lated to the life and death of Tupac Amaru Shakur 

10 and investigations of or inquiries into his life or 

11 death, including a record— 

12 (A) that was created or made available for 

13 use by, obtained by, or otherwise came into the 

14 possession of— 

15 (i) any Executive agency; 

16 (ii) any independent agency; 

17 (iii) any Government office; or 

18 (iv) any State or local law enforce19 ment office that provided support or assist20 ance or performed work in connection with 

21 any Government inquiry into the life and 

22 death of Tupac Amaru Shakur; or 

23 (B) that is any of the following: 

24 (i) A record created in the course of 

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1 vestigation that is no longer in possession 

2 of the Federal, State, or local government. 

3 (ii) A record located at, or under the 

4 control of— 

5 (I) record repositories and ar6 chives of a Federal, State, or local 

7 government; 

8 (II) an individual who possesses 

9 the record by virtue of service with a 

10 Government office; 

11 (III) a person, including an indi12 vidual or corporation, who obtained 

13 such record from Government sources 

14 or individuals identified in this Act; or 

15 (IV) a person, including an indi16 vidual or corporation, who created or 

17 has obtained such record from sources 

18 other than those identified in this 

19 clause. 

20 (iii) A record of a Federal or State 

21 criminal or civil court, including a record 

22 under seal released in accordance with sec23 tion 9. 

24 (iv) A record generated by a foreign 

25 government. 


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1 (v) A record in possession of a con2 tractor of the Federal Government. 

3 (vi) All records collected by or seg4 regated by all Federal, State, and local 

5 government agencies in conjunction with 

6 any investigation or analysis of or inquiry 

7 into the life and death of Tupac Amaru 

8 Shakur, including any intra-agency inves9 tigation or analysis, any interagency com10 munications, or any intra-agency collection 

11 or segregation of documents and other ma12 terials regarding the life and death of 

13 Tupac Amaru Shakur. 

14 (vii) All documents used by Govern15 ment offices and agencies during their de16 classification review of related records as 

17 well as all other documents, indices, and 

18 other material, including but not limited to 

19 those that disclose cryptonyms, code 

20 names, or other identifiers that appear in 

21 related records that would reasonably con22 stitute a related record or would assist in 

23 the identification, evaluation, or interpreta24 tion of a related record, including— 


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1 (I) with respect to records that 

2 are identified with respect to a par3 ticular person, all records relating to 

4 that person that use or reflect the 

5 true name or any other name, pseu6 donym, codeword, symbol, number, 

7 cryptonym, or alias used to identify 

8 that person; 

9 (II) with respect to records that 

10 are identified with respect to a par11 ticular operation or program, all 

12 records pertaining to that program by 

13 any other name, pseudonym, 

14 codeword, symbol, number, or 

15 cryptonym; and 

16 (III) any other record that does 

17 not fall within the scope of a related 

18 record as described in the Act, but 

19 which has the potential to enhance, 

20 enrich, and broaden the historical 

21 record of the life and death of Tupac 

22 Amaru Shakur. 

23 (13) The term ‘‘third agency’’ means a Govern24 ment agency that originated a related record that is 

25 in the possession of another agency. 


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1 SEC. 4. TUPAC AMARU SHAKUR RECORDS COLLECTION AT 

2 THE NATIONAL ARCHIVES. 

3 (a) IN GENERAL.—(1) Not later than 60 days after 

4 the date of enactment of this Act, the National Archives 

5 shall commence establishment of a collection of records to 

6 be known as the ‘‘Tupac Amaru Shakur Records Collec7 tion.’’ In so doing, the Archivist shall ensure the physical 

8 integrity and original provenance of all records. The Col9 lection shall consist of originals or record copies of all Gov10 ernment records relating to the life and death of Tupac 

11 Amaru Shakur, which shall be transmitted to the National 

12 Archives in accordance with section 2107 of title 44, 

13 United States Code. The Archivist shall prepare and pub14 lish a subject guidebook and index to the collection, includ15 ing the central directory described in paragraph (2)(B), 

16 which shall be available to the public and searchable elec17 tronically. 

18 (2) The Collection shall include— 

19 (A) all related records— 

20 (i) that have been transmitted to the Na21 tional Archives or disclosed to the public in an 

22 un-redacted form prior to the date of enactment 

23 of this Act, or were so transmitted or disclosed 

24 and reclassified prior to such date of enact25 ment; 


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1 (ii) that are required to be transmitted to 

2 the National Archives; 

3 (iii) the disclosure of which is postponed 

4 under this Act; or 

5 (iv) that meets the definition of a related 

6 record but is discovered after completion of the 

7 record review under section 6(c) or termination 

8 of activities of the Archivist under this Act 

9 under section 8(f); and 

10 (B) a central directory comprised of identifica11 tion aids created for each record transmitted to the 

12 Archivist under section 6. 

13 (b) USE OF SECONDARY LOCATION FOR PORTION OF

14 COLLECTION.— 

15 (1) IN GENERAL.—The Archivist shall enter 

16 into an agreement with the Tupac Amaru Shakur 

17 Center for the Arts in Stone Mountain, Georgia, or 

18 another location agreed to by the family of Tupac 

19 Shakur, for the establishment of a secondary loca20 tion for a complete copy of an appropriate portion 

21 (not including physical artifacts) of the Collection— 

22 (A) which will provide a maximum level of 

23 public access to copies of the portion of the Col24 lection involved; and 


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1 (B) which will encourage continuing study 

2 and education regarding the life and death of 

3 Tupac Amaru Shakur. 

4 (2) TREATMENT OF COLLECTION AT SEC5 ONDARY LOCATION.—The copies of the portion of 

6 the Collection maintained at the secondary location 

7 pursuant to this subsection, and the entity respon8 sible for maintaining such copies of the collection 

9 under the agreement entered into under this sub10 section, shall be subject to the same terms, condi11 tions, and requirements as apply under this Act to 

12 the portion of the Collection maintained at the Na13 tional Archives and the Archivist. 

14 (c) AVAILABILITY OF COLLECTION AT ARCHIVES AND

15 ELECTRONICALLY.—Each item in the Collection (as de16 scribed in subsection (a)(2)), other than an artifact or a 

17 record the disclosure of which is postponed under this Act, 

18 shall be available to the public for inspection and copying 

19 at the National Archives and through an electronic format 

20 within 30 days after its transmission to the National Ar21 chives. 

22 (d) FEES FOR COPYING.—The Archivist shall— 

23 (1) charge fees for copying such records; and 


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1 (2) grant waivers of such fees pursuant to the 

2 standards established by section 552(a)(4) of title 5, 

3 United States Code. 

4 (e) ADDITIONAL REQUIREMENTS.—(1) The Collec5 tion shall be preserved, protected, archived, and made 

6 available to the public at the National Archives. 

7 (2) Whenever artifacts are included in the Collection, 

8 it shall be sufficient to comply with this Act if the public 

9 is provided with access to photographs, drawings, or simi10 lar materials depicting the artifacts. Additional display, 

11 examination, or testing by the public of artifacts in the 

12 Collection shall occur if there is a reasonable claim that 

13 such examination or testing will reveal aspects of the arti14 fact that cannot be determined from such photographs or 

15 depictions, and shall occur under the terms and conditions 

16 established by the National Archives to ensure their pres17 ervation and protection for prosperity. 

18 (3) The National Archives, in consultation with its 

19 Information Security Oversight Office, shall ensure the se20 curity of the records in the Collection that qualify for post21 ponement of public disclosure pursuant to section 7. 

22 SEC. 5. CITIZENS ADVISORY COMMITTEE. 

23 (a) APPOINTMENT.—Not later than 60 days after the 

24 date of enactment of this Act, the Archivist shall appoint 

25 an independent Citizens Advisory Committee, subject to 


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1 the Federal Advisory Committee Act (5 U.S.C. App.) from 

2 candidates solicited from and nominated not later than 30 

3 days after the date of the enactment of this Act by non4 governmental organizations from the Society of American 

5 Archivists, the National Bar Association, the Black Cau6 cus of the American Library Association, Inc., the Na7 tional Conference of Black Political Scientists, and the 

8 civil rights, civil liberties, entertainment and African 

9 American communities, which shall consist of ap10 pointees— 

11 (1) who have not had any previous involvement 

12 with any official investigations into the life and 

13 death of Tupac Amaru Shakur; 

14 (2) who were never employed or engaged by any 

15 Federal, State, or local intelligence or law enforce16 ment agency that generated or that is required to 

17 transmit to the Archivist under section 6 any related 

18 record; 

19 (3) who shall be impartial private citizens, none 

20 of whom is presently employed by any branch of the 

21 Government; 

22 (4) who shall be distinguished persons of high 

23 national professional reputation in their respective 

24 fields who are capable of exercising the independent 

25 and objective judgment necessary to the fulfillment 


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1 of their role in ensuring and facilitating the review, 

2 transmission to the public, and public disclosure of 

3 records related to the life and death of Tupac 

4 Shakur; 

5 (5) who possess an appreciation of the value of 

6 such material to the public, scholars, and govern7 ment; and 

8 (6) who include at least 3 scholars in current 

9 history, at least 3 members of the civil rights com10 munity, at least 3 experts on civil liberties, and at 

11 least one member of the immediate family of Tupac 

12 Amaru Shakur. 

13 (b) NOMINATIONS.— 

14 (1) If an organization described in subsection 

15 (a) does not recommend at least 2 nominees meeting 

16 the qualifications stated in that subsection, by the 

17 date that is 45 days after the date of enactment of 

18 this Act, the Archivist shall consider for nomination 

19 the persons recommended by the other organizations 

20 or communities described in subsection (a). 

21 (2) The Archivist may request an organization 

22 described in subsection (a) to submit additional 

23 nominations. 

24 (c) COMPENSATION.—The Citizens Advisory Com25 mittee shall not be compensated, but shall meet at its disVerDate Aug 31 2005 21:24 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4968.IH H4968

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1 cretion at least twice each year to advise and assist the 

2 Archivist in the full implementation of this Act, includ3 ing— 

4 (1) suggestions to assist in the location of all 

5 related records, 

6 (2) review of the public reasons for postpone7 ment decisions and appeals regarding related 

8 records, 

9 (3) recommendations for subpoena of records or 

10 enforcement of the Act, 

11 (4) evaluations regarding cooperation of Gov12 ernment agencies and entities, and 

13 (5) participation in annual reviews and reports 

14 by the Archivist. 

15 (d) VACANCY.—A vacancy on the Citizens Advisory 

16 Committee shall be filled in the same manner as specified 

17 for original appointment within 30 days after the occur18 rence of the vacancy. Nominations for a vacancy shall be 

19 made by the organizations and communities described in 

20 subsection (a). 

21 (e) CHAIRPERSON.—The Members of the Citizens 

22 Advisory Committee shall elect one of its members as 

23 chairperson at its initial meeting. 

24 (f) REMOVAL OF CITIZENS ADVISORY COMMITTEE

25 MEMBER.— 


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1 (1) IN GENERAL.—No member of the Citizens 

2 Advisory Committee shall be removed from office, 

3 other than— 

4 (A) by impeachment and conviction; or 

5 (B) by the action of the Archivist for inef6 ficiency, neglect of duty, malfeasance in office, 

7 physical disability, mental incapacity, failure to 

8 meet, falsification of any qualifications under 

9 subsection (a)(1), or any other condition that 

10 substantially impairs the performance of the 

11 member’s duties. 

12 (2) REPORT.— 

13 (A) FACTS AND GROUNDS.—If a member 

14 of the Citizens Advisory Committee is removed 

15 from office, and that removal is by the Archi16 vist, not later than 10 days after the removal 

17 the Archivist shall submit to the Committee on 

18 Government Reform of the House of Represent19 atives and the Committee on Homeland Secu20 rity and Governmental Affairs of the Senate a 

21 report specifying the facts found and the 

22 grounds for the removal. 

23 (B) PUBLICATION.—The Archivist shall 

24 publish in the Federal Register a report sub25 mitted under paragraph (2), except that the ArVerDate Aug 31 2005 21:24 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4968.IH H4968

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1 chivist may, if necessary to protect the rights of 

2 a person named in the report or to prevent 

3 undue interference with any pending prosecu4 tion, postpone or refrain from publishing any or 

5 all of the report until the completion of such 

6 pending cases or pursuant to privacy protection 

7 requirements in law. 

8 (3) JUDICIAL REVIEW.— 

9 (A) CIVIL ACTION.—A member of the Citi10 zens Advisory Committee removed from office 

11 may obtain judicial review of the removal in a 

12 civil action commenced in the United States 

13 District Court for the District of Columbia. 

14 (B) REINSTATEMENT.—The member may 

15 be reinstated or granted other appropriate relief 

16 by order of the court. 

17 SEC. 6. REVIEW, IDENTIFICATION, TRANSMISSION TO THE 

18 NATIONAL ARCHIVES, AND PUBLIC DISCLO19 SURE OF RELATED RECORDS BY GOVERN20 MENT OFFICES. 

21 (a) IN GENERAL.— 

22 (1) PREPARATION FOR REVIEW.—As soon as 

23 practicable after the date of enactment of this Act, 

24 each Government office shall identify and organize 

25 its records relating to the life and death of Tupac 


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1 Amaru Shakur and prepare them for transmission to 

2 the Archivist for inclusion in the Collection. 

3 (2) DETERMINATION OF USE OF ORIGINALS OR

4 COPIES.— 

5 (A) For purposes of determining whether 

6 originals or copies of related records are to be 

7 made part of the Collection established under 

8 this Act, the following shall apply: 

9 (i) In the case of papers, maps, and 

10 other documentary materials, the Archivist 

11 may determine that record copies of Gov12 ernment records, either the signed original, 

13 original production, or a reproduction that 

14 has been treated as the official record 

15 maintained to chronicle government func16 tions or activities may be placed in the 

17 Collection. 

18 (ii) In the case of other papers, maps, 

19 and other documentary material, the Ar20 chivist may determine that a true and ac21 curate copy of a record in lieu of the origi22 nal may be placed in the Collection. 

23 (iii) In the case of photographs, the 

24 original negative, whenever available (oth25 erwise the nearest generation print that is 


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1 a true and accurate copy), may be placed 

2 in the Collection. 

3 (iv) In the case of motion pictures, 

4 the camera original, whenever available 

5 (otherwise the earliest generation print 

6 that is a true and accurate copy) may be 

7 placed in the Collection. 

8 (v) In the case of sound and video re9 cordings, the original recording, whenever 

10 available (otherwise the earliest generation 

11 copy that is a true and accurate copy) may 

12 be placed in the Collection. 

13 (vi) In the case of machine-readable 

14 information, a true and accurate copy of 

15 the original (duplicating all information 

16 contained in the original and in a format 

17 that permits retrieval of the information) 

18 may be placed in the Collection. 

19 (vii) In the case of artifacts, the origi20 nal objects themselves shall be placed in 

21 the Collection at the National Archives. 

22 (B) To the extent records from foreign 

23 governments are included in the Collection, cop24 ies of the original records shall be sufficient for 

25 inclusion in the Collection. 


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1 (C) In cases where a copy, as defined in 

2 subparagraph (D), is authorized by the Archi3 vist to be included in the Collection, the Archi4 vist may require that a copy be certified if, in 

5 the discretion of the Archivist, the Archivist de6 termines a certification to be necessary to en7 sure the integrity of the Collection. In cases 

8 where an original, as defined in subparagraph 

9 (A), is required for inclusion in the Collection, 

10 the Archivist may, at the discretion of the Ar11 chivist, accept the best available copy. In such 

12 cases that records included in the Collection, 

13 whether originals or copies, contain illegible 

14 portions, such records shall have attached 

15 thereto a certified transcription of the illegible 

16 language to the extent practicable. 

17 (D) For purposes of implementing this 

18 Act, the term ‘‘copy’’ means true and accurate 

19 photocopy duplication by a means appropriate 

20 to the medium of the original record that pre21 serves and displays the integrity of the record 

22 and the information contained in it. 

23 (E) Nothing in this paragraph shall be in24 terpreted to suggest that additional copies of 

25 any related records contained in the Collection 


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1 are not also related records that may also be 

2 placed in the Collection. 

3 (F) Nothing in this paragraph shall be in4 terpreted to prevent or to preclude copies of any 

5 electronic related records from being refor6 matted electronically in order to conform to dif7 ferent hardware or software requirements of 

8 audiovisual or machine-readable formats if such 

9 is the professional judgment of the National Ar10 chives. 

11 (3) RELATED RECORDS.—In carrying out this 

12 section, a Government office may not destroy, alter, 

13 or mutilate in any way a related record. 

14 (4) PRIOR DISCLOSURE.— 

15 (A) Except as provided in subparagraph 

16 (B), in carrying out this section, a Government 

17 office may not withhold, redact, postpone for 

18 public disclosure, or reclassify a related record 

19 that was made available or disclosed to the pub20 lic prior to the date of enactment of this Act. 

21 (B) For purposes of subparagraph (A), a 

22 Government office may withhold names or iden23 tifies, consistent with the requirements of sec24 tion 6, in a related record created by a person 

25 or entity outside government. 


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1 (b) CUSTODY OF RELATED RECORDS PENDING RE2 VIEW.—During the review by a Government office, the 

3 Government office shall retain custody of its related 

4 records for purposes of preservation, security, and effi5 ciency, unless— 

6 (1) any oversight Committee requires the phys7 ical transfer of records for purposes of conducting 

8 an independent and impartial review; 

9 (2) it is a third agency record described in sub10 section (c)(2)(C); or 

11 (3) any other records are transferred to the Ar12 chives for public disclosure. 

13 (c) REVIEW.— 

14 (1) IN GENERAL.—Not later than 180 days 

15 after the date of enactment of this Act, each Gov16 ernment office shall review each related record in its 

17 custody or possession in accordance with paragraph 

18 (2). 

19 (2) RELATED RECORDS.—In carrying out para20 graph (1), a Government office shall— 

21 (A) determine which of its records are re22 lated records; 

23 (B) determine which of its related records 

24 have been officially disclosed or publicly avail25 able in a complete and un-redacted form; 


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1 (C)(i) determine which of its related 

2 records, or particular information contained in 

3 such a record, was created by a third agency or 

4 by another Government office; and 

5 (ii) transmit to a third agency or other 

6 Government office those records, or particular 

7 information contained in those records, or com8 plete and accurate copies thereof; 

9 (D)(i) determine whether its related 

10 records or particular information in related 

11 records are covered by the standards for post12 ponement of public disclosure under this Act; 

13 and 

14 (ii) specify on the identification aid re15 quired by subsection (d) the applicable post16 ponement provision contained in section 7; 

17 (E) organize and make available to the Ar18 chivist all related records identified under sub19 paragraph (D) the public disclosure of which in 

20 whole or in part may be postponed under this 

21 Act; 

22 (F) organize and make available to the Ar23 chivist any record concerning which the office 

24 has any uncertainty as to whether the record is 

25 a related record governed by this Act; 


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1 (G) give priority to— 

2 (i) the identification, review, and 

3 transmission of all related records publicly 

4 available or disclosed as of the date of en5 actment of this Act in a redacted or edited 

6 form; and 

7 (ii) the identification, review, and 

8 transmission, under the standards for post9 ponement set forth in this Act, of related 

10 records that on the date of enactment of 

11 this Act are the subject of litigation under 

12 section 552 of title 5, United States Code; 

13 and 

14 (H) make available to the National Ar15 chives any additional information and records 

16 that the Archivist has reason to believe it re17 quires for conducting a review under this Act, 

18 including the following: 

19 (i) All training manuals, instructional 

20 materials, and guidelines created or used 

21 by the Government office in furtherance of 

22 its review of related records. 

23 (ii) All records, lists, and documents 

24 describing the procedure by which the ofVerDate Aug 31 2005 21:24 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4968.IH H4968

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1 fice identified or selected related records 

2 for review. 

3 (iii) Organizational charts of the of4 fice. 

5 (iv) Records necessary and sufficient 

6 to describe the office’s— 

7 (I) records policies and schedules; 

8 (II) filing systems and organiza9 tion; 

10 (III) storage facilities and loca11 tions; 

12 (IV) indexing symbols, marks, 

13 codes, instructions, guidelines, meth14 ods, and procedures; and 

15 (V) search methods and proce16 dures used in the performance of the 

17 duties of the office under this Act. 

18 (v) Reclassification to a higher level, 

19 transfer, destruction, or other information 

20 (e.g., theft) regarding the status of related 

21 records. 

22 (d) IDENTIFICATION AIDS.— 

23 (1) IN GENERAL.— 

24 (A) STANDARD FORM.—Not later than 45 

25 days after the date of enactment of this Act, 


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1 the Archivist, in consultation with the appro2 priate Government offices, shall prepare and 

3 make available to all Government offices a 

4 standard form of identification or finding aid 

5 for use with each related record subject to re6 view under this Act. 

7 (B) UNIFORM SYSTEM.—The Archivist 

8 shall ensure that the identification aid program 

9 is established in such a manner as to result in 

10 the creation of a uniform system of electronic 

11 records by Government offices that are compat12 ible with each other and which shall be made 

13 publicly available and searchable electronically. 

14 (2) PRINTED COPIES.—Upon completion of an 

15 identification aid under paragraph (1) by the Archi16 vist, a Government office shall— 

17 (A) attach a printed copy of the identifica18 tion aid describing a related record to the re19 lated record it describes; 

20 (B) when a related record is transmitted to 

21 the Archivist pursuant to subsection (e), include 

22 with the related record such printed copy of the 

23 identification aid, including an indication of 

24 whether the record is to be made available imVerDate Aug 31 2005 21:24 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4968.IH H4968

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1 mediately to the public or recommended for 

2 postponement; and 

3 (C) make available to the public electroni4 cally each identification aid describing a related 

5 record, whether or not the record is made avail6 able to the public. 

7 (e) TRANSMISSION TO THE NATIONAL ARCHIVES.— 

8 Each Government office shall— 

9 (1) transmit to the Archivist, and make imme10 diately available to the public, all related records 

11 that can be publicly disclosed, including those that 

12 are publicly available on the date of enactment of 

13 this Act, without any redaction, adjustment, or with14 holding under the standards of this Act; and 

15 (2) transmit to the Archivist all related records 

16 the public disclosure of which the office recommends 

17 be postponed, in whole or in part, under the stand18 ards of section 7, to become part of the protected 

19 Collection. 

20 (f) PUBLICLY AVAILABLE RECORDS.—Related 

21 records which are in the possession of the National Ar22 chives on the date of enactment of this Act, and which 

23 have been publicly available in their entirety without re24 daction, shall be made available in the Collection without 


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1 any additional review by any authorized office under this 

2 Act. 

3 (g) RECORD AVAILABILITY.—The National Archives 

4 and Executive branch agencies shall— 

5 (1) charge fees for copying related records; 

6 (2) grant waivers of such fees pursuant to the 

7 standards established by section 552(a)(4) of title 5, 

8 United States Code; 

9 (3) permit, when not deemed a risk by the Ar10 chivist, the use of personal copying devices, includ11 ing, but not limited to, portable scanners, digital 

12 cameras, and the like; and 

13 (4) make available to the public electronic 

14 versions of related records, identification aids, and 

15 indexes. 

16 SEC. 7. POSTPONEMENT OF PUBLIC DISCLOSURE OF 

17 RECORDS. 

18 (a) GROUNDS FOR POSTPONEMENT.—Disclosure of 

19 related records or particular information in related records 

20 to the public may be postponed on the request of an Exec21 utive agency or Government office, only after a review and 

22 decision by the Archivist, and subject to the limitations 

23 of this Act if there is clear and convincing evidence that— 

24 (1) the threat, as of the time the postponement 

25 decision is made, to the military defense, intelligence 


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1 operations, or conduct of foreign relations of the 

2 United States posed by the public disclosure of the 

3 related record is of such gravity that it outweighs 

4 the public interest, and such public disclosure would 

5 reveal— 

6 (A) a living intelligence agent whose iden7 tity currently requires protection; 

8 (B) an intelligence source or method which 

9 is currently utilized, or reasonably expected to 

10 be utilized, by the United States Government 

11 and which has not been officially disclosed, the 

12 disclosure of which would interfere with the 

13 conduct of intelligence activities; or 

14 (C) any other matter currently relating to 

15 the military defense, intelligence operations, or 

16 conduct of foreign relations of the United 

17 States, the disclosure of which would demon18 strably impair the national security of the 

19 United States; 

20 (2) the public disclosure of the related record 

21 would reveal the name or identity of a living person 

22 who provided confidential information to the United 

23 States and would pose a substantial risk of harm to 

24 that person; 


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1 (3) the public disclosure of the related record 

2 could reasonably be expected to constitute an unwar3 ranted invasion of a living person’s personal privacy, 

4 and that invasion of privacy is so substantial that it 

5 outweighs the public interest; or 

6 (4) the public disclosure of the related record 

7 would compromise the existence of an understanding 

8 of confidentiality currently requiring protection be9 tween a Government agent and a living cooperating 

10 individual or a foreign government, and public dis11 closure would be so harmful that it outweighs the 

12 public interest. 

13 (b) CUSTODY OF POSTPONED RELATED RECORDS.— 

14 A related record the public disclosure of which has been 

15 challenged by an Executive agency or Government office 

16 may be postponed only by the Archivist but shall, pending 

17 transmission to the National Archives, be held for reasons 

18 of security and preservation by the originating body until 

19 such time as the information security program has been 

20 established at the National Archives as required by section 

21 4(e)(3). 

22 (c) ANNUAL REVIEW OF POSTPONED RELATED

23 RECORDS AND ADDITIONAL RELATED RECORDS.—(1) All 

24 postponed or redacted records shall be reviewed annually 

25 by the originating agency and the Archivist, consistent 


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1 with the standards under subsection (a). The annual re2 views shall cease upon termination of activities of the Ar3 chivist under this Act pursuant to section 8(g). 

4 (2) An annual review shall address the public disclo5 sure of any related records in the Collection, including any 

6 related records discovered since the preceding annual re7 view in possession of any Federal, State, or local agency, 

8 Government office, organization, or person. 

9 (3) All postponed related records determined to re10 quire continued postponement shall require an unclassified 

11 written description of the record and the reason for such 

12 continued postponement. Such description shall be pro13 vided to the Archivist and published in the Federal Reg14 ister upon determination. 

15 (4) All postponed records determined in an annual 

16 review to no longer require continued postponement shall 

17 be publicly disclosed in full and added to the Collection. 

18 (d) REQUIREMENT TO DISCLOSE POSTPONED

19 RECORDS.—Each related record shall be publicly disclosed 

20 in full, and available in the Collection not later than 1 

21 year after the termination of activities of the Archivist 

22 under this Act under section 8(f), or the date that is 3 

23 years after the date of the enactment of this Act, which24 ever is earlier, unless the President certifies that contin25 ued postponement is made necessary by— 


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1 (1) a current and identifiable harm to the mili2 tary defense, intelligence operations, law enforce3 ment, or conduct of foreign relations; and 

4 (2) the identifiable harm is of such gravity that 

5 it outweighs the public interest in disclosure. 

6 SEC. 8. REVIEW OF RECORDS BY ARCHIVIST. 

7 (a) REQUIREMENT FOR REVIEW.—The Archivist 

8 shall conduct a review of related records in accordance 

9 with this section. 

10 (b) DEADLINES FOR START OF REVIEW.—The Archi11 vist shall— 

12 (1) not later than 30 days after the date of ap13 pointment of the Citizens Advisory Committee, pub14 lish in the Federal Register a schedule for con15 ducting the review; and 

16 (2) not later than 90 days after the date of ap17 pointment of the Citizens Advisory Committee, begin 

18 the review. 

19 (c) DETERMINATIONS OF THE ARCHIVIST RELATING

20 TO PUBLIC DISCLOSURE AND POSTPONEMENT.— 

21 (1) PRESUMPTION OF RELEASE TO PUBLIC.— 

22 The Archivist shall direct that all related records be 

23 transmitted to the National Archives and disclosed 

24 to the public in the Collection in the absence of clear 

25 and convincing evidence that— 


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1 (A) a Government record is not a related 

2 record; or 

3 (B) a Government record or particular in4 formation within a related record qualifies for 

5 postponement of public disclosure under this 

6 Act. 

7 (2) POWERS.— 

8 (A) ARCHIVIST.—The Archivist shall have 

9 the authority to act in a manner prescribed 

10 under this Act including authority to— 

11 (i) direct Government offices to com12 plete identification aids and organize re13 lated records; 

14 (ii) direct Government offices to 

15 transmit to the National Archives related 

16 records as required under this Act, includ17 ing segregable portions of related records, 

18 and substitutes and summaries of related 

19 records that can be publicly disclosed to 

20 the fullest extent; 

21 (iii) obtain access to related records 

22 that have been identified and organized by 

23 a Government office; 


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1 (iv) receive information from the pub2 lic regarding the identification and public 

3 disclosure of related records; 

4 (v) hold hearings, administer oaths, 

5 and subpoena witnesses and documents; 

6 and 

7 (vi) appoint liaisons to all Federal 

8 agencies that have created related records, 

9 or have related records in their possession. 

10 (B) CITIZENS ADVISORY COMMITTEE.— 

11 The Citizens Advisory Committee shall have the 

12 authority to act in a manner prescribed under 

13 this Act including authority to— 

14 (i) direct a Government office to make 

15 available to the Citizens Advisory Com16 mittee, and if necessary investigate the 

17 facts surrounding, additional information, 

18 records, or testimony from individuals, 

19 which the Citizens Advisory Committee has 

20 reason to believe is required to ensure full 

21 disclosure of related records and fulfill its 

22 functions and responsibilities under this 

23 Act; 

24 (ii) request the Attorney General to 

25 subpoena private persons and State and 


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•HR 4968 IH 

1 Federal employees to compel testimony 

2 and other information relevant to its re3 sponsibilities under this Act; 

4 (iii) require any Government office to 

5 account in writing for the previous destruc6 tion of any records relating to the life or 

7 death of Tupac Amaru Shakur; 

8 (iv) receive information from the pub9 lic regarding the identification and public 

10 disclosure of related records; and 

11 (v) hold hearings, administer oaths, 

12 and subpoena witnesses. 

13 (C) ENFORCEMENT.—Any subpoena issued 

14 under provisions of this Act, by the Archivist or 

15 the Citizens Advisory Committee, may be en16 forced by any appropriate Federal court acting 

17 pursuant to a lawful request. 

18 (3) NOTICE OF RELATED RECORD DESIGNA19 TION.— 

20 (A) In determining to designate related 

21 records, the Archivist must determine that the 

22 record or group of records will more likely than 

23 not enhance, enrich, and broaden the historical 

24 record of the life and death of Tupac Amaru 

25 Shakur. 


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1 (B) A Notice of Related Record Designa2 tion (NRRD) shall be the mechanism for the 

3 Archivist to announce publicly its determination 

4 that a record or group of records meets the def5 inition of related records. 

6 (4) POSTPONEMENT.— 

7 (A) The Archivist shall consider and 

8 render decisions on a recommendation by a 

9 Government office under section 6(e)(2) to 

10 postpone the public disclosure of a related 

11 record. In carrying out this subparagraph, the 

12 Archivist shall— 

13 (i) consider and render decisions on 

14 whether a record constitutes a related 

15 record; 

16 (ii) consider and render decisions on 

17 whether a related record or particular in18 formation in a record qualifies for post19 ponement of disclosure under this Act; and 

20 (iii) in the case of a related record 

21 that qualifies for such postponement, set 

22 specific conditions and dates for public dis23 closure of the record, related to events or 

24 specific dates when the reasons for post25 ponement will end. 


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1 (B) A related record shall be released in its 

2 entirety except for portions specifically post3 poned pursuant to the grounds for postpone4 ment of public disclosure of records established 

5 in section 7(a), and no portion of any related 

6 record shall be withheld from public disclosure 

7 solely on grounds of non-relevance unless, in 

8 the Archivist’s sole discretion, release of a part 

9 of a record is sufficient to comply with the in10 tent and purposes of this Act. 

11 (C) In approving postponement of public 

12 disclosure of a related record, the Archivist 

13 shall seek to— 

14 (i) provide for the disclosure of seg15 regable parts, substitutes, or summaries of 

16 such a record; and 

17 (ii) determine, in consultation with 

18 the originating body and consistent with 

19 the standards for postponement under this 

20 Act, which of the following alternative 

21 forms of disclosure shall be made by the 

22 originating body: 

23 (I) Any reasonably segregable 

24 particular information in a related 

25 record. 


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•HR 4968 IH 

1 (II) A substitute record for that 

2 information which is postponed. 

3 (III) A summary of a related 

4 record. 

5 (5) NOTICE.— 

6 (A) IN GENERAL.—After a decision by the 

7 Archivist under paragraph (4) that a related 

8 record shall be publicly disclosed in the Collec9 tion or postponed for disclosure and held in the 

10 protected Collection, the Archivist shall notify 

11 the head of the originating body of the decision, 

12 publish a copy of the decision in the Federal 

13 Register within 14 days after the decision is 

14 made, and provide that the decision is search15 able electronically. 

16 (B) CONTEMPORANEOUS NOTICE TO EXEC17 UTIVE AND LEGISLATIVE BRANCHES.—Contem18 poraneous notice shall be made to the President 

19 for Archivist decisions regarding executive 

20 branch related records, and to the oversight 

21 committees specified in subsection (i) in the 

22 case of legislative branch records. Such notice 

23 shall contain a written unclassified justification 

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1 sure, including an explanation of the application 

2 of standards contained in section 7. 

3 (d) PRESIDENTIAL AUTHORITY OVER ARCHIVIST

4 DETERMINATION.— 

5 (1) PUBLIC DISCLOSURE OR POSTPONEMENT

6 OF DISCLOSURE.—After the Archivist has made a 

7 formal decision concerning the public disclosure or 

8 postponement of disclosure of an executive branch 

9 related record or information within such a record, 

10 or of any information contained in a related record, 

11 obtained or developed solely within the executive 

12 branch, and upon a written appeal to the President 

13 by the originating agency, the Citizens Advisory 

14 Committee, or third agency within 30 days after 

15 such decision, the President shall have the sole and 

16 non-delegable authority to require the disclosure or 

17 postponement of such record or information under 

18 the standards set forth in section 7, and the Presi19 dent shall provide the Archivist with an unclassified 

20 written certification specifying the President’s deci21 sion within 30 days after the Archivist’s decision 

22 and notice to the executive branch agency as re23 quired under this Act, stating the justification for 

24 the President’s decision, including the applicable 

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1 panied by a copy of the identification aid required 

2 under section 6. If, after 30 days, the President has 

3 not transmitted such written certification to the Ar4 chivist, the Archivist may proceed according to the 

5 previous formal decision. 

6 (2) ANNUAL REVIEW.—Any executive branch 

7 related record postponed by the President shall be 

8 subject to the requirements of annual review, down9 grading and declassification of classified informa10 tion, and public disclosure of the collection set forth 

11 in section 7(c). 

12 (3) RECORD OF PRESIDENTIAL POSTPONE13 MENT.—The Archivist shall, upon its receipt, publish 

14 in the Federal Register a copy of any unclassified 

15 written certification, statement, and other materials 

16 transmitted by or on behalf of the President with re17 gard to postponement of related records and provide 

18 that such copies are searchable electronically. 

19 (e) NOTICE TO PUBLIC.— 

20 (1) REPORT REQUIREMENT.—Every 30 days, 

21 the Archivist shall submit to the committees de22 scribed in paragraph (2) and publish in the Federal 

23 Register a report on related records or particular in24 formation in related records the public disclosure of 

25 which is postponed by the Archivist under subsection 


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•HR 4968 IH 

1 (c) or by the President under subsection (d) during 

2 the preceding 30 days. With respect to each such 

3 record, the report shall contain— 

4 (A) a description of the subject of the 

5 record, the originating agency, the length or 

6 other physical description of the record, and 

7 each ground for postponement that is relied 

8 upon, and provide that the notice is searchable 

9 electronically. 

10 (B) a description of actions by the Archi11 vist, the originating agency, the President, or 

12 any Government office with respect to the re13 lated record (including a justification of each 

14 ground for postponement of the record or part 

15 of the record) and of any official proceedings 

16 conducted by the Archivist with regard to the 

17 record or part of the record; and 

18 (C) a statement of the specific conditions 

19 and dates for the public disclosure of the record 

20 as set by the Archivist under subsection 

21 (c)(4)(A)(iii). 

22 (2) COMMITTEES DESCRIBED.—The committees 

23 described in this paragraph are the Committee on 

24 Government Reform of the House of Representa25 tives, the Committee on Homeland Security and 


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•HR 4968 IH 

1 Governmental Affairs of the Senate, and the Citi2 zens Advisory Committee. 

3 (3) DEADLINE.—The first report required by 

4 paragraph (1) shall be submitted and published not 

5 later than the date that is 60 calendar days after 

6 the date on which the Archivist first approves the 

7 postponement of disclosure of a related record. 

8 (4) ELECTRONIC SEARCHABILITY.—The Archi9 vist shall ensure that the report required by this 

10 subsection is searchable electronically. 

11 (f) REPORTS BY THE ARCHIVIST.— 

12 (1) IN GENERAL.—The Archivist shall report 

13 the activities of the Archivist under this Act to the 

14 leadership of Congress, the Committee on Govern15 ment Reform of the House of Representatives, the 

16 Committee on Homeland Security and Governmental 

17 Affairs of the Senate, the President, the head of any 

18 Government office whose records have been the sub19 ject of Archivist activity, and the Citizens Advisory 

20 Committee. 

21 (2) ANNUAL REPORTS.—The first report under 

22 this subsection shall be issued on the date that is 1 

23 year after the date of enactment of this Act, and 

24 subsequent reports shall be issued every 12 months 


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•HR 4968 IH 

1 thereafter until termination of activities of the Ar2 chivist under this Act pursuant to section 8(g). 

3 (3) MATTERS COVERED.—A report under para4 graph (2) shall include the following information: 

5 (A) A financial report of the expenses for 

6 all official activities and requirements of the 

7 National Archives and its personnel. 

8 (B) The progress made on review, trans9 mission to the Archivist, and public disclosure 

10 of related records. 

11 (C) The estimated time and volume of re12 lated records involved in the completion of the 

13 Archivist’s performance under this Act. 

14 (D) Any special problems, including re15 quests and the level of cooperation of Govern16 ment offices, with regard to the ability of the 

17 Archivist to operate as required by this Act. 

18 (E) A record of review activities, including 

19 a record of postponement decisions by the Ar20 chivist or other related actions authorized by 

21 this Act, and a record of the volume of records 

22 reviewed and postponed. 

23 (F) Suggestions and requests to Congress 

24 for additional legislative authority needs. 


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1 (G) An appendix containing copies of re2 ports of postponed records to the Archivist re3 quired under section 7(c)(3) made since the 

4 date of the preceding report under this sub5 section. 

6 (H) Any recommendations made by the 

7 Citizens Advisory Committee. 

8 (I) Any recommendations of the Archivist. 

9 (g) NOTICE OF TERMINATION OF ACTIVITIES UNDER

10 THIS ACT.—At least 90 calendar days before completing 

11 activities required under this Act and submitting the cer12 tification under subsection (h), the Archivist shall provide 

13 written notice to the President and Congress of the Archi14 vist’s intention to terminate activities under this Act at 

15 a specified date. 

16 (h) CERTIFICATION OF COMPLETION OF ARCHIVIST

17 ACTIVITIES UNDER THIS ACT.—Upon completing activi18 ties required under this Act, including collecting related 

19 records, reviewing related records, and releasing or post20 poning related records, the Archivist shall submit to the 

21 President and Congress a written certification that the ac22 tivities of the Archivist are complete under this Act. 

23 (i) OVERSIGHT.—The Committee on Government Re24 form of the House of Representatives and the Committee 

25 on Homeland Security and Governmental Affairs of the 


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•HR 4968 IH 

1 Senate shall have continuing oversight jurisdiction with re2 spect to the official conduct of the Archivist and the Citi3 zens Advisory Committee, and the disposition of postponed 

4 or newly discovered records after termination of activities 

5 of the Archivist under this Act pursuant to section 8(g)), 

6 and shall conduct periodic hearings on the conduct of the 

7 Archivist and the Citizens Advisory Committee not less 

8 than every year for a period ending 3 years after the date 

9 of the enactment of this Act. 

10 SEC. 9. DISCLOSURE OF MATERIALS UNDER SEAL OF 

11 COURT. 

12 (a) REQUESTS TO ATTORNEY GENERAL.— 

13 (1) REQUESTS FOR INFORMATION OR EVIDENCE

14 UNDER SEAL.—The Archivist may request the Attor15 ney General— 

16 (A) to petition any court in the United 

17 States or abroad to release any information or 

18 physical evidence relevant to the life or death of 

19 Tupac Amaru Shakur that is held under seal of 

20 the court; or 

21 (B) to subpoena any such information or 

22 evidence if such information or evidence is no 

23 longer in the possession of the Government. 

24 (2) REQUESTS FOR INFORMATION UNDER IN25 JUNCTION OF SECRECY OF A GRAND JURY.— 


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1 (A) The Archivist may request the Attor2 ney General to petition any court in the United 

3 States to release any information relevant to 

4 the life or death of Tupac Amaru Shakur that 

5 is held under the injunction of secrecy of a 

6 grand jury. 

7 (B) A request for disclosure of related ma8 terials under this Act shall be deemed to con9 stitute a showing of particularized need under 

10 Rule 6 of the Federal Rules of Criminal Proce11 dure. 

12 (b) SENSE OF CONGRESS.—It is the sense of the 

13 Congress that— 

14 (1) the Attorney General should assist the Ar15 chivist in good faith to unseal any records that the 

16 Archivist determines to be relevant and held under 

17 seal by a court or under the injunction of secrecy of 

18 a grand jury; 

19 (2) the Secretary of State should contact any 

20 other foreign government that may hold information 

21 relevant to the life and death of Tupac Amaru 

22 Shakur to seek the disclosure of such information, 

23 and report on progress on these matters to the Ar24 chivist in a timely fashion; and 


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1 (3) all Executive agencies should cooperate in 

2 full with the Archivist to seek the disclosure of all 

3 information relevant to the life and death of Tupac 

4 Amaru Shakur, consistent with the public interest. 

5 SEC. 10. PRIVATE RIGHT OF ACTION. 

6 (a) IN GENERAL.—Any person who is aggrieved by 

7 a violation of this Act may bring a civil action in an appro8 priate district court for declaratory or injunctive relief 

9 with respect to the violation. 

10 (b) ATTORNEY’S FEES.—In a civil action under this 

11 section, the court may allow the prevailing party (other 

12 than the United States) reasonable attorney fees, includ13 ing litigation expenses, and costs. 

14 SEC. 11. RULES OF CONSTRUCTION. 

15 (a) PRECEDENCE OVER OTHER LAW.—When this 

16 Act requires transmission of a record to the Archivist or 

17 public disclosure, it shall take precedence over any other 

18 law (except section 6103 of the Internal Revenue Code), 

19 judicial decision construing such law, or common law doc20 trine that would otherwise prohibit such transmission or 

21 disclosure. 

22 (b) FREEDOM OF INFORMATION ACT.—Nothing in 

23 this Act shall be construed to eliminate or limit any right 

24 to file requests with any executive agency or seek judicial 

25 review of the decisions pursuant to section 552 of title 5, 


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•HR 4968 IH 

1 United States Code, except that any related record discov2 ered after termination of activities of the Archivist under 

3 this Act pursuant to section 8(g) shall be considered for 

4 postponement or public disclosure under the standards of 

5 this Act, not such section 552. 

6 (c) JUDICIAL REVIEW.—Nothing in this Act shall be 

7 construed to preclude judicial review, under chapter 7 of 

8 title 5, United States Code, of final actions taken or re9 quired to be taken under this Act. 

10 (d) EXISTING AUTHORITY.—Nothing in this Act re11 vokes or limits the existing authority of the President, any 

12 executive agency, the Senate, or the House of Representa13 tives, or any other entity of the Government to publicly 

14 disclose records in its possession. 

15 (e) RULES OF THE SENATE AND HOUSE OF REP16 RESENTATIVES.—To the extent that any provision of this 

17 Act establishes a procedure to be followed in the Senate 

18 or the House of Representatives, such provision is adopt19 ed— 

20 (1) as an exercise of the rulemaking power of 

21 the Senate and House of Representatives, respec22 tively, and is deemed to be part of the rules of each 

23 House, respectively, but applicable only with respect 

24 to the procedure to be followed in that House, and 


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1 it supersedes other rules only to the extent that it 

2 is inconsistent with such rules; and 

3 (2) with full recognition of the constitutional 

4 right of either House to change the rules (so far as 

5 they relate to the procedure of that House) at any 

6 time, in the same manner, and to the same extent 

7 as in the case of any other rule of that House. 

8 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums 

10 as are necessary to carry out this Act, to remain available 

11 until expended. 

12 SEC. 13. RECORDS PENDING. 

13 Upon termination of activities of the Archivist under 

14 this Act pursuant to section 8(g), all records that are still 

15 pending postponement determinations shall be presumed 

16 to be available for release to the public. Any related record 

17 discovered in the possession of any Government agency or 

18 entity after termination of such activities shall be released 

19 to the Archivist for public disclosure under the provisions 

20 of this Act. 

21 SEC. 14. WHISTLEBLOWER PROTECTION. 

22 All members of the staff of the National Archives, 

23 the Archivist, and all Federal agencies covered under this 

24 Act shall treat relevant employees in accordance with the 

25 provisions of chapter 23 of title 5, United States Code, 


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1 prohibiting certain personnel practices (commonly referred 

2 to as whistleblower protection provisions), particularly re3 lating to the disclosure of improper document retention, 

4 release, and disclosure. 

5 SEC. 15. SEVERABILITY. 

6 If any provision of this Act or the application thereof 

7 to any person or circumstance is held invalid, the remain8 der of this Act and the application of that provision to 

9 other persons not similarly situated or to other cir10 cumstances shall not be affected by the invalidation. 

Æ 


sroberts on PROD1PC70 with BILLS