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 Com-
mittee on Government Reform, and in addition to the Committee on 
Rules, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To provide for the expeditious disclosure of records relevant 
to the life and death of Tupac Amaru Shakur. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Tupac Shakur Records Release Act of 2006’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings, declarations, and purposes. 
Sec. 3. Definitions. 
Sec. 4. Tupac Amaru Shakur Records Collection at the National Archives. 
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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. 
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 pre-
served for historical and governmental purposes; 
(2) all Government records concerning the life 
and death of Tupac Amaru Shakur should carry a 
presumption of immediate disclosure, and all records 
should be eventually disclosed to enable the public to 
become fully informed about the history surrounding 
his life and death; 
(3) legislation is necessary to create an enforce-
able, independent, and accountable process for the 
public disclosure of such records; 
(4) legislation is necessary because Government 
records related to the life and death of Tupac 
Amaru Shakur would not otherwise be subject to 
public disclosure; 
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(5) legislation is necessary because the Freedom 
of Information Act, as implemented by the executive 
branch, is not sufficient to ensure the timely public 
disclosure of records relating to the life and death 
of Tupac Amaru Shakur; and 
(6) only in the rarest cases is there any legiti-
mate 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 Moun-
tain, Georgia; and 
(2) to require the expeditious public trans-
mission to the Archivist and public disclosure (in-
cluding by electronic means) of such records. 
SEC. 3. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) The term ‘‘Archivist’’ means the Archivist 
of the United States. 
(2) The term ‘‘Citizens Advisory Committee’’ 
means the Citizens Advisory Committee appointed 
under section 5. 
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(3) The term ‘‘Collection’’ means the Tupac 
Amaru Shakur Records Collection established under 
section 4. 
(4) The term ‘‘Executive agency’’ means an Ex-
ecutive agency as defined in subsection 552(f) of 
title 5, United States Code, and includes any Execu-
tive 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 depart-
ments, agencies, offices, divisions, foreign of-
fices, bureaus, and deliberative bodies of any 
Federal, State, or local government and in-
cludes all inter- or intra-agency working groups, 
committees, and meetings that possess or cre-
ated records relating to the life and death of 
Tupac Amaru Shakur; and 
(B) any office of the Federal Government 
that has possession or control of related 
records, including any executive branch office or 
agency, and any independent agency. 
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(6) The term ‘‘identification aid’’ means the 
written description prepared by the Archivist for 
each record as required by section 6. 
(7) The term ‘‘National Archives’’ means the 
National Archives and all components thereof, in-
cluding Presidential archival depositories established 
under section 2112 of title 44, United States Code. 
(8) The term ‘‘official investigation’’ means the 
reviews of the activities or death of Tupac Amaru 
Shakur conducted by any Federal, State or local 
agency either independently, or at the request of any 
Government official. 
(9) The term ‘‘originating body’’ means the Ex-
ecutive agency or other governmental entity that cre-
ated 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 elec-
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tronic information, regardless of the medium on 
which it is stored, or other documentary material or 
physical evidence or artifact regardless of its phys-
ical form or characteristics. 
(12) The term ‘‘related record’’ includes all 
public records, regardless of how labeled or identi-
fied, that document, describe, report on, analyze or 
interpret activities, persons, or events reasonably re-
lated 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 enforce-
ment office that provided support or assist-
ance or performed work in connection with 
any Government inquiry into the life and 
death of Tupac Amaru Shakur; or 
(B) that is any of the following: 
(i) A record created in the course of 
a Federal, State, or local governmental in-
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vestigation 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 ar-
chives 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 indi-
vidual or corporation, who obtained 
such record from Government sources 
or individuals identified in this Act; or 
(IV) a person, including an indi-
vidual 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 sec-
tion 9. 
(iv) A record generated by a foreign 
government. 
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(v) A record in possession of a con-
tractor of the Federal Government. 
(vi) All records collected by or seg-
regated 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 inves-
tigation or analysis, any interagency com-
munications, or any intra-agency collection 
or segregation of documents and other ma-
terials regarding the life and death of 
Tupac Amaru Shakur. 
(vii) All documents used by Govern-
ment offices and agencies during their de-
classification 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 con-
stitute a related record or would assist in 
the identification, evaluation, or interpreta-
tion of a related record, including— 
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(I) with respect to records that 
are identified with respect to a par-
ticular person, all records relating to 
that person that use or reflect the 
true name or any other name, pseu-
donym, codeword, symbol, number, 
cryptonym, or alias used to identify 
that person; 
(II) with respect to records that 
are identified with respect to a par-
ticular operation or program, all 
records pertaining to that program by 
any 
other 
name, 
pseudonym, 
codeword, 
symbol, 
number, 
or 
cryptonym; and 
(III) any other record that does 
not fall within the scope of a related 
record as described in the Act, but 
which has the potential to enhance, 
enrich, and broaden the historical 
record of the life and death of Tupac 
Amaru Shakur. 
(13) The term ‘‘third agency’’ means a Govern-
ment agency that originated a related record that is 
in the possession of another agency. 
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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 Collec-
tion.’’ In so doing, the Archivist shall ensure the physical 
integrity and original provenance of all records. The Col-
lection shall consist of originals or record copies of all Gov-
ernment 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 pub-
lish a subject guidebook and index to the collection, includ-
ing the central directory described in paragraph (2)(B), 
which shall be available to the public and searchable elec-
tronically. 
(2) The Collection shall include— 
(A) all related records— 
(i) that have been transmitted to the Na-
tional 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 enact-
ment; 
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(ii) that are required to be transmitted to 
the National Archives; 
(iii) the disclosure of which is postponed 
under this Act; or 
(iv) that meets the definition of a related 
record but is discovered after completion of the 
record review under section 6(c) or termination 
of activities of the Archivist under this Act 
under section 8(f); and 
(B) a central directory comprised of identifica-
tion aids created for each record transmitted to the 
Archivist under section 6. 
(b) USE OF SECONDARY LOCATION FOR PORTION OF 
COLLECTION.— 
(1) IN
GENERAL.—The Archivist shall enter 
into an agreement with the Tupac Amaru Shakur 
Center for the Arts in Stone Mountain, Georgia, or 
another location agreed to by the family of Tupac 
Shakur, for the establishment of a secondary loca-
tion for a complete copy of an appropriate portion 
(not including physical artifacts) of the Collection— 
(A) which will provide a maximum level of 
public access to copies of the portion of the Col-
lection involved; and 
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(B) which will encourage continuing study 
and education regarding the life and death of 
Tupac Amaru Shakur. 
(2) TREATMENT
OF
COLLECTION
AT
SEC-
ONDARY LOCATION.—The copies of the portion of 
the Collection maintained at the secondary location 
pursuant to this subsection, and the entity respon-
sible for maintaining such copies of the collection 
under the agreement entered into under this sub-
section, shall be subject to the same terms, condi-
tions, and requirements as apply under this Act to 
the portion of the Collection maintained at the Na-
tional Archives and the Archivist. 
(c) AVAILABILITY OF COLLECTION AT ARCHIVES AND 
ELECTRONICALLY.—Each item in the Collection (as de-
scribed 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 Ar-
chives. 
(d) FEES FOR COPYING.—The Archivist shall— 
(1) charge fees for copying such records; and 
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(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 Collec-
tion shall be preserved, protected, archived, and made 
available to the public at the National Archives. 
(2) Whenever artifacts are included in the Collection, 
it shall be sufficient to comply with this Act if the public 
is provided with access to photographs, drawings, or simi-
lar 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 arti-
fact 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 pres-
ervation and protection for prosperity. 
(3) The National Archives, in consultation with its 
Information Security Oversight Office, shall ensure the se-
curity of the records in the Collection that qualify for post-
ponement of public disclosure pursuant to section 7. 
SEC. 5. CITIZENS ADVISORY COMMITTEE. 
(a) APPOINTMENT.—Not later than 60 days after the 
date of enactment of this Act, the Archivist shall appoint 
an independent Citizens Advisory Committee, subject to 
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the Federal Advisory Committee Act (5 U.S.C. App.) from 
candidates solicited from and nominated not later than 30 
days after the date of the enactment of this Act by non- 
governmental organizations from the Society of American 
Archivists, the National Bar Association, the Black Cau-
cus of the American Library Association, Inc., the Na-
tional Conference of Black Political Scientists, and the 
civil rights, civil liberties, entertainment and African 
American communities, which shall consist of ap-
pointees— 
(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 enforce-
ment agency that generated or that is required to 
transmit to the Archivist under section 6 any related 
record; 
(3) who shall be impartial private citizens, none 
of whom is presently employed by any branch of the 
Government; 
(4) who shall be distinguished persons of high 
national professional reputation in their respective 
fields who are capable of exercising the independent 
and objective judgment necessary to the fulfillment 
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of their role in ensuring and facilitating the review, 
transmission to the public, and public disclosure of 
records related to the life and death of Tupac 
Shakur; 
(5) who possess an appreciation of the value of 
such material to the public, scholars, and govern-
ment; and 
(6) who include at least 3 scholars in current 
history, at least 3 members of the civil rights com-
munity, at least 3 experts on civil liberties, and at 
least one member of the immediate family of Tupac 
Amaru Shakur. 
(b) NOMINATIONS.— 
(1) If an organization described in subsection 
(a) does not recommend at least 2 nominees meeting 
the qualifications stated in that subsection, by the 
date that is 45 days after the date of enactment of 
this Act, the Archivist shall consider for nomination 
the persons recommended by the other organizations 
or communities described in subsection (a). 
(2) The Archivist may request an organization 
described in subsection (a) to submit additional 
nominations. 
(c) COMPENSATION.—The Citizens Advisory Com-
mittee shall not be compensated, but shall meet at its dis-
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cretion at least twice each year to advise and assist the 
Archivist in the full implementation of this Act, includ-
ing— 
(1) suggestions to assist in the location of all 
related records, 
(2) review of the public reasons for postpone-
ment decisions and appeals regarding related 
records, 
(3) recommendations for subpoena of records or 
enforcement of the Act, 
(4) evaluations regarding cooperation of Gov-
ernment agencies and entities, and 
(5) participation in annual reviews and reports 
by the Archivist. 
(d) VACANCY.—A vacancy on the Citizens Advisory 
Committee shall be filled in the same manner as specified 
for original appointment within 30 days after the occur-
rence of the vacancy. Nominations for a vacancy shall be 
made by the organizations and communities described in 
subsection (a). 
(e) CHAIRPERSON.—The Members of the Citizens 
Advisory Committee shall elect one of its members as 
chairperson at its initial meeting. 
(f) REMOVAL OF CITIZENS ADVISORY COMMITTEE 
MEMBER.— 
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(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 inef-
ficiency, neglect of duty, malfeasance in office, 
physical disability, mental incapacity, failure to 
meet, falsification of any qualifications under 
subsection (a)(1), or any other condition that 
substantially impairs the performance of the 
member’s duties. 
(2) REPORT.— 
(A) FACTS AND GROUNDS.—If a member 
of the Citizens Advisory Committee is removed 
from office, and that removal is by the Archi-
vist, not later than 10 days after the removal 
the Archivist shall submit to the Committee on 
Government Reform of the House of Represent-
atives and the Committee on Homeland Secu-
rity 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 sub-
mitted under paragraph (2), except that the Ar-
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