formation in a record qualifies for post-
ponement 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 dis-
closure of the record, related to events or 
specific dates when the reasons for post-
ponement will end. 
(B) A related record shall be released in its 
entirety except for portions specifically post-
poned pursuant to the grounds for postpone-
ment 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 in-
tent 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 seg-
regable 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 sum-
maries have been disclosed to the public, the Govern-
ment agency or entity shall create and transmit to 
the Archivist a report containing— 
(A) a description of actions by the Archi-
vist, 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 re-
gard to specific related records; and 
(B) a statement of the specific conditions 
and dates for the public disclosure of the record 
as set by the Archivist under paragraph 
(3)(A)(iii). 
(6) NOTICE.— 
(A) IN
GENERAL.—Following its review 
and a determination that a related record shall 
be publicly disclosed in the Collection or post-
poned for disclosure and held in the protected 
Collection, the Archivist shall notify the head of 
the originating body of its determination, pub-
lish 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 EXEC-
UTIVE AND LEGISLATIVE BRANCHES.—Contem-
poraneous 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 DE-
TERMINATION.— 
(1) PUBLIC
DISCLOSURE
OR
POSTPONEMENT 
OF DISCLOSURE.—After the Archivist has made a 
formal determination concerning the public disclo-
sure 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 exec-
utive branch, and upon a written appeal to the 
President by the originating agency, the Citizens Ad-
visory 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 infor-
mation under the standards set forth in section 6, 
and the President shall provide the Archivist with an 
unclassified written certification specifying the Presi-
dent’s decision within 30 days after the Archivist’s 
determination and notice to the executive branch 
agency as required under this Act, stating the jus-
tification 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 certifi-
cation to the Archivist, the Archivist may proceed 
according to the previous formal determination. 
(2) ANNUAL
REVIEW.—Any executive branch 
related record postponed by the President shall be 
subject to the requirements of annual review, down-
grading and declassification of classified informa-
tion, and public disclosure in the collection set forth 
in section 6. 
(3) RECORD
OF
PRESIDENTIAL
POSTPONE-
MENT.—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 re-
gard to postponement of related records and provide 
that such copies are searchable electronically. 
(A) NOTICE
TO
PUBLIC.—Every 30 cal-
endar days, beginning on the date that is 60 
calendar days after the date on which the Ar-
chivist first approves the postponement of dis-
closure 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, in-
cluding a description of the subject, originating 
agency, length or other physical description, 
and each ground for postponement that is relied 
upon, and provide that the notice is searchable 
electronically. 
(B) REPORTS
BY
THE
ARCHIVIST.—The 
Archivist shall report such activities to the lead-
ership of the Congress, the Committee on Gov-
ernment Reform of the House of Representa-
tives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Presi-
dent, the head of any Government office whose 
records have been the subject of Archivist activ-
ity, and the Citizens Advisory Committee. 
(4) ANNUAL REPORTS.— 
(A) The first annual report shall be issued 
on the date that is 1 year after the date of en-
actment of this Act, and subsequent reports 
every 12 months thereafter until termination of 
each annual review. 
(B) A report under paragraph (1) shall in-
clude the following information:
(i) A financial report of the expenses 
for all official activities and requirements 
of the National Archives and its personnel. 
(ii) The progress made on review, 
transmission to the Archivist, and public 
disclosure of related records. 
(iii) The estimated time and volume of 
related records involved in the completion 
of the Archivist’s performance under this 
Act. 
(iv) Any special problems, including 
requests and the level of cooperation of 
Government offices, with regard to the 
ability of the Archivist to operate as re-
quired by this Act. 
(v) A record of review activities, in-
cluding 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 Con-
gress for additional legislative authority 
needs. 
(vii) An appendix containing copies of 
reports of postponed records to the Archi-
vist 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, ap-
pointed by the National Archives. 
(ix) Any recommendations of the Ar-
chivist. 
(5) At least 90 calendar days before completing 
work relative to this Act, the Archivist shall provide 
written notice to the President and Congress of its 
intention to terminate operations at a specified date. 
(6) OVERSIGHT.—The Committee on Govern-
ment Reform of the House of Representatives and 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate shall have continuing 
oversight jurisdiction with respect to the official con-
duct of the Archivist and the Citizens Advisory Com-
mittee, 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 Archi-
vist 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 Attor-
ney General— 
(A) to petition any court in the United 
States or abroad to release any information or 
physical evidence relevant to the life or death of 
Tupac Amaru Shakur that is held under seal of 
the court; or 
(B) to subpoena any such information or 
evidence if such information or evidence is no 
longer in the possession of the Government. 
(2) REQUESTS FOR INFORMATION UNDER IN-
JUNCTION OF SECRECY OF A GRAND JURY.— 
(A) The Archivist may request the Attor-
ney 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 ma-
terials under this Act shall be deemed to con-
stitute a showing of particularized need under
Rule 6 of the Federal Rules of Criminal Proce-
dure. 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that— 
(1) the Attorney General should assist the Ar-
chivist 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 Ar-
chivist in a timely fashion; and 
(3) all Executive agencies should cooperate in 
full with the Archivist to seek the disclosure of all 
information relevant to the life and death of Tupac 
Amaru Shakur, consistent with the public interest. 
SEC. 10. PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—Any person who is aggrieved by 
a violation of this Act may bring a civil action in an appro-
priate 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, includ-
ing 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 doc-
trine that would otherwise prohibit such transmission or 
disclosure. 
(b) FREEDOM OF INFORMATION ACT.—Nothing in 
this Act shall be construed to eliminate or limit any right 
to file requests with any executive agency or seek judicial 
review of the decisions pursuant to section 552 of title 5, 
United States Code, except that any related record discov-
ered 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 re-
quired to be taken under this Act.
(d) EXISTING AUTHORITY.—Nothing in this Act re-
vokes or limits the existing authority of the President, any 
executive agency, the Senate, or the House of Representa-
tives, or any other entity of the Government to publicly 
disclose records in its possession. 
(e) RULES OF THE SENATE AND HOUSE OF REP-
RESENTATIVES.—To the extent that any provision of this 
Act establishes a procedure to be followed in the Senate 
or the House of Representatives, such provision is adopt-
ed— 
(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
tively, 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 termi-
nate, or full disclosure is effected within 3 years of enact-
ment 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 subse-
quently 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 accord-
ance with the provisions of chapter 23 of title 5, United 
States Code, prohibiting certain personnel practices (com-
monly referred to as whistleblower protection provisions), 
particularly relating to the disclosure of improper docu-
ment 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 remain-
der of this Act and the application of that provision to 
other persons not similarly situated or to other cir-
cumstances shall not be affected by the invalidation. 
Æ