chivist may, if necessary to protect the rights of 
a person named in the report or to prevent 
undue interference with any pending prosecu-
tion, postpone or refrain from publishing any or 
all of the report until the completion of such 
pending cases or pursuant to privacy protection 
requirements in law. 
(3) JUDICIAL REVIEW.— 
(A) CIVIL ACTION.—A member of the Citi-
zens Advisory Committee removed from office 
may obtain judicial review of the removal in a 
civil action commenced in the United States 
District Court for the District of Columbia. 
(B) REINSTATEMENT.—The member may 
be reinstated or granted other appropriate relief 
by order of the court. 
SEC. 6. REVIEW, IDENTIFICATION, TRANSMISSION TO THE 
NATIONAL ARCHIVES, AND PUBLIC DISCLO-
SURE OF RELATED RECORDS BY GOVERN-
MENT OFFICES. 
(a) IN GENERAL.— 
(1) PREPARATION FOR REVIEW.—As soon as 
practicable after the date of enactment of this Act, 
each Government office shall identify and organize 
its records relating to the life and death of Tupac 
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Amaru Shakur and prepare them for transmission to 
the Archivist for inclusion in the Collection. 
(2) DETERMINATION OF USE OF ORIGINALS OR 
COPIES.— 
(A) For purposes of determining whether 
originals or copies of related records are to be 
made part of the Collection established under 
this Act, the following shall apply: 
(i) In the case of papers, maps, and 
other documentary materials, the Archivist 
may determine that record copies of Gov-
ernment records, either the signed original, 
original production, or a reproduction that 
has been treated as the official record 
maintained to chronicle government func-
tions or activities may be placed in the 
Collection. 
(ii) In the case of other papers, maps, 
and other documentary material, the Ar-
chivist may determine that a true and ac-
curate copy of a record in lieu of the origi-
nal may be placed in the Collection. 
(iii) In the case of photographs, the 
original negative, whenever available (oth-
erwise the nearest generation print that is 
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a true and accurate copy), may be placed 
in the Collection. 
(iv) In the case of motion pictures, 
the camera original, whenever available 
(otherwise the earliest generation print 
that is a true and accurate copy) may be 
placed in the Collection. 
(v) In the case of sound and video re-
cordings, the original recording, whenever 
available (otherwise the earliest generation 
copy that is a true and accurate copy) may 
be placed in the Collection. 
(vi) In the case of machine-readable 
information, a true and accurate copy of 
the original (duplicating all information 
contained in the original and in a format 
that permits retrieval of the information) 
may be placed in the Collection. 
(vii) In the case of artifacts, the origi-
nal objects themselves shall be placed in 
the Collection at the National Archives. 
(B) To the extent records from foreign 
governments are included in the Collection, cop-
ies of the original records shall be sufficient for 
inclusion in the Collection. 
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(C) In cases where a copy, as defined in 
subparagraph (D), is authorized by the Archi-
vist to be included in the Collection, the Archi-
vist may require that a copy be certified if, in 
the discretion of the Archivist, the Archivist de-
termines a certification to be necessary to en-
sure the integrity of the Collection. In cases 
where an original, as defined in subparagraph 
(A), is required for inclusion in the Collection, 
the Archivist may, at the discretion of the Ar-
chivist, accept the best available copy. In such 
cases that records included in the Collection, 
whether originals or copies, contain illegible 
portions, such records shall have attached 
thereto a certified transcription of the illegible 
language to the extent practicable. 
(D) For purposes of implementing this 
Act, the term ‘‘copy’’ means true and accurate 
photocopy duplication by a means appropriate 
to the medium of the original record that pre-
serves and displays the integrity of the record 
and the information contained in it. 
(E) Nothing in this paragraph shall be in-
terpreted to suggest that additional copies of 
any related records contained in the Collection 
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are not also related records that may also be 
placed in the Collection. 
(F) Nothing in this paragraph shall be in-
terpreted to prevent or to preclude copies of any 
electronic related records from being refor-
matted electronically in order to conform to dif-
ferent hardware or software requirements of 
audiovisual or machine-readable formats if such 
is the professional judgment of the National Ar-
chives. 
(3) RELATED RECORDS.—In carrying out this 
section, a Government office may not destroy, alter, 
or mutilate in any way a related record. 
(4) PRIOR DISCLOSURE.— 
(A) Except as provided in subparagraph 
(B), in carrying out this section, a Government 
office may not withhold, redact, postpone for 
public disclosure, or reclassify a related record 
that was made available or disclosed to the pub-
lic prior to the date of enactment of this Act. 
(B) For purposes of subparagraph (A), a 
Government office may withhold names or iden-
tifies, consistent with the requirements of sec-
tion 6, in a related record created by a person 
or entity outside government. 
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(b) CUSTODY OF RELATED RECORDS PENDING RE-
VIEW.—During the review by a Government office, the 
Government office shall retain custody of its related 
records for purposes of preservation, security, and effi-
ciency, unless— 
(1) any oversight Committee requires the phys-
ical transfer of records for purposes of conducting 
an independent and impartial review; 
(2) it is a third agency record described in sub-
section (c)(2)(C); or 
(3) any other records are transferred to the Ar-
chives for public disclosure. 
(c) REVIEW.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, each Gov-
ernment office shall review each related record in its 
custody or possession in accordance with paragraph 
(2). 
(2) RELATED RECORDS.—In carrying out para-
graph (1), a Government office shall— 
(A) determine which of its records are re-
lated records; 
(B) determine which of its related records 
have been officially disclosed or publicly avail-
able in a complete and un-redacted form; 
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(C)(i) determine which of its related 
records, or particular information contained in 
such a record, was created by a third agency or 
by another Government office; and 
(ii) transmit to a third agency or other 
Government office those records, or particular 
information contained in those records, or com-
plete and accurate copies thereof; 
(D)(i) 
determine 
whether 
its 
related 
records or particular information in related 
records are covered by the standards for post-
ponement of public disclosure under this Act; 
and 
(ii) specify on the identification aid re-
quired by subsection (d) the applicable post-
ponement provision contained in section 7; 
(E) organize and make available to the Ar-
chivist all related records identified under sub-
paragraph (D) the public disclosure of which in 
whole or in part may be postponed under this 
Act; 
(F) organize and make available to the Ar-
chivist any record concerning which the office 
has any uncertainty as to whether the record is 
a related record governed by this Act; 
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(G) give priority to— 
(i) the identification, review, and 
transmission of all related records publicly 
available or disclosed as of the date of en-
actment of this Act in a redacted or edited 
form; and 
(ii) the identification, review, and 
transmission, under the standards for post-
ponement set forth in this Act, of related 
records that on the date of enactment of 
this Act are the subject of litigation under 
section 552 of title 5, United States Code; 
and 
(H) make available to the National Ar-
chives any additional information and records 
that the Archivist has reason to believe it re-
quires for conducting a review under this Act, 
including the following: 
(i) All training manuals, instructional 
materials, and guidelines created or used 
by the Government office in furtherance of 
its review of related records. 
(ii) All records, lists, and documents 
describing the procedure by which the of-
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fice identified or selected related records 
for review. 
(iii) Organizational charts of the of-
fice. 
(iv) Records necessary and sufficient 
to describe the office’s— 
(I) records policies and schedules; 
(II) filing systems and organiza-
tion; 
(III) storage facilities and loca-
tions; 
(IV) indexing symbols, marks, 
codes, instructions, guidelines, meth-
ods, and procedures; and 
(V) search methods and proce-
dures used in the performance of the 
duties of the office under this Act. 
(v) Reclassification to a higher level, 
transfer, destruction, or other information 
(e.g., theft) regarding the status of related 
records. 
(d) IDENTIFICATION AIDS.— 
(1) IN GENERAL.— 
(A) STANDARD FORM.—Not later than 45 
days after the date of enactment of this Act, 
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the Archivist, in consultation with the appro-
priate Government offices, shall prepare and 
make available to all Government offices a 
standard form of identification or finding aid 
for use with each related record subject to re-
view under this Act. 
(B) UNIFORM
SYSTEM.—The Archivist 
shall ensure that the identification aid program 
is established in such a manner as to result in 
the creation of a uniform system of electronic 
records by Government offices that are compat-
ible with each other and which shall be made 
publicly available and searchable electronically. 
(2) PRINTED COPIES.—Upon completion of an 
identification aid under paragraph (1) by the Archi-
vist, a Government office shall— 
(A) attach a printed copy of the identifica-
tion aid describing a related record to the re-
lated record it describes; 
(B) when a related record is transmitted to 
the Archivist pursuant to subsection (e), include 
with the related record such printed copy of the 
identification aid, including an indication of 
whether the record is to be made available im-
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mediately to the public or recommended for 
postponement; and 
(C) make available to the public electroni-
cally each identification aid describing a related 
record, whether or not the record is made avail-
able to the public. 
(e) TRANSMISSION TO THE NATIONAL ARCHIVES.— 
Each Government office shall— 
(1) transmit to the Archivist, and make imme-
diately available to the public, all related records 
that can be publicly disclosed, including those that 
are publicly available on the date of enactment of 
this Act, without any redaction, adjustment, or with-
holding under the standards of this Act; and 
(2) transmit to the Archivist all related records 
the public disclosure of which the office recommends 
be postponed, in whole or in part, under the stand-
ards of section 7, to become part of the protected 
Collection. 
(f) 
PUBLICLY
AVAILABLE
RECORDS.—Related 
records which are in the possession of the National Ar-
chives on the date of enactment of this Act, and which 
have been publicly available in their entirety without re-
daction, shall be made available in the Collection without 
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any additional review by any authorized office under this 
Act. 
(g) RECORD AVAILABILITY.—The National Archives 
and Executive branch agencies shall— 
(1) charge fees for copying related records; 
(2) grant waivers of such fees pursuant to the 
standards established by section 552(a)(4) of title 5, 
United States Code; 
(3) permit, when not deemed a risk by the Ar-
chivist, the use of personal copying devices, includ-
ing, but not limited to, portable scanners, digital 
cameras, and the like; and 
(4) make available to the public electronic 
versions of related records, identification aids, and 
indexes. 
SEC. 7. POSTPONEMENT OF PUBLIC DISCLOSURE OF 
RECORDS. 
(a) GROUNDS FOR POSTPONEMENT.—Disclosure of 
related records or particular information in related records 
to the public may be postponed on the request of an Exec-
utive agency or Government office, only after a review and 
decision by the Archivist, and subject to the limitations 
of this Act if there is clear and convincing evidence that— 
(1) the threat, as of the time the postponement 
decision is made, to the military defense, intelligence 
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operations, or conduct of foreign relations of the 
United States posed by the public disclosure of the 
related record is of such gravity that it outweighs 
the public interest, and such public disclosure would 
reveal— 
(A) a living intelligence agent whose iden-
tity currently requires protection; 
(B) an intelligence source or method which 
is currently utilized, or reasonably expected to 
be utilized, by the United States Government 
and which has not been officially disclosed, the 
disclosure of which would interfere with the 
conduct of intelligence activities; or 
(C) any other matter currently relating to 
the military defense, intelligence operations, or 
conduct of foreign relations of the United 
States, the disclosure of which would demon-
strably impair the national security of the 
United States; 
(2) the public disclosure of the related record 
would reveal the name or identity of a living person 
who provided confidential information to the United 
States and would pose a substantial risk of harm to 
that person; 
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(3) the public disclosure of the related record 
could reasonably be expected to constitute an unwar-
ranted invasion of a living person’s personal privacy, 
and that invasion of privacy is so substantial that it 
outweighs the public interest; or 
(4) the public disclosure of the related record 
would compromise the existence of an understanding 
of confidentiality currently requiring protection be-
tween a Government agent and a living cooperating 
individual or a foreign government, and public dis-
closure would be so harmful that it outweighs the 
public interest. 
(b) CUSTODY OF POSTPONED RELATED RECORDS.— 
A related record the public disclosure of which has been 
challenged by an Executive agency or Government office 
may be postponed only by the Archivist but shall, pending 
transmission to the National Archives, be held for reasons 
of security and preservation by the originating body until 
such time as the information security program has been 
established at the National Archives as required by section 
4(e)(3). 
(c) ANNUAL REVIEW
OF POSTPONED RELATED 
RECORDS AND ADDITIONAL RELATED RECORDS.—(1) All 
postponed or redacted records shall be reviewed annually 
by the originating agency and the Archivist, consistent 
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with the standards under subsection (a). The annual re-
views shall cease upon termination of activities of the Ar-
chivist under this Act pursuant to section 8(g). 
(2) An annual review shall address the public disclo-
sure of any related records in the Collection, including any 
related records discovered since the preceding annual re-
view in possession of any Federal, State, or local agency, 
Government office, organization, or person. 
(3) All postponed related records determined to re-
quire continued postponement shall require an unclassified 
written description of the record and the reason for such 
continued postponement. Such description shall be pro-
vided to the Archivist and published in the Federal Reg-
ister upon determination. 
(4) All postponed records determined in an annual 
review to no longer require continued postponement shall 
be publicly disclosed in full and added to the Collection. 
(d) 
REQUIREMENT
TO
DISCLOSE
POSTPONED 
RECORDS.—Each related record shall be publicly disclosed 
in full, and available in the Collection not later than 1 
year after the termination of activities of the Archivist 
under this Act under section 8(f), or the date that is 3 
years after the date of the enactment of this Act, which-
ever is earlier, unless the President certifies that contin-
ued postponement is made necessary by— 
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(1) a current and identifiable harm to the mili-
tary defense, intelligence operations, law enforce-
ment, or conduct of foreign relations; and 
(2) the identifiable harm is of such gravity that 
it outweighs the public interest in disclosure. 
SEC. 8. REVIEW OF RECORDS BY ARCHIVIST. 
(a) REQUIREMENT
FOR REVIEW.—The Archivist 
shall conduct a review of related records in accordance 
with this section. 
(b) DEADLINES FOR START OF REVIEW.—The Archi-
vist shall— 
(1) not later than 30 days after the date of ap-
pointment of the Citizens Advisory Committee, pub-
lish in the Federal Register a schedule for con-
ducting the review; and 
(2) not later than 90 days after the date of ap-
pointment of the Citizens Advisory Committee, begin 
the review. 
(c) DETERMINATIONS OF THE ARCHIVIST RELATING 
TO PUBLIC DISCLOSURE AND POSTPONEMENT.— 
(1) PRESUMPTION OF RELEASE TO PUBLIC.— 
The Archivist shall direct that all related records be 
transmitted to the National Archives and disclosed 
to the public in the Collection in the absence of clear 
and convincing evidence that— 
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(A) a Government record is not a related 
record; or 
(B) a Government record or particular in-
formation within a related record qualifies for 
postponement of public disclosure under this 
Act. 
(2) POWERS.— 
(A) ARCHIVIST.—The Archivist shall have 
the authority to act in a manner prescribed 
under this Act including authority to— 
(i) direct Government offices to com-
plete identification aids and organize re-
lated records; 
(ii) direct Government offices to 
transmit to the National Archives related 
records as required under this Act, includ-
ing segregable portions of related records, 
and substitutes and summaries of related 
records that can be publicly disclosed to 
the fullest extent; 
(iii) obtain access to related records 
that have been identified and organized by 
a Government office; 
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(iv) receive information from the pub-
lic regarding the identification and public 
disclosure of related records; 
(v) hold hearings, administer oaths, 
and subpoena witnesses and documents; 
and 
(vi) appoint liaisons to all Federal 
agencies that have created related records, 
or have related records in their possession. 
(B) CITIZENS
ADVISORY
COMMITTEE.— 
The Citizens Advisory Committee shall have the 
authority to act in a manner prescribed under 
this Act including authority to— 
(i) direct a Government office to make 
available to the Citizens Advisory Com-
mittee, and if necessary investigate the 
facts surrounding, additional information, 
records, or testimony from individuals, 
which the Citizens Advisory Committee has 
reason to believe is required to ensure full 
disclosure of related records and fulfill its 
functions and responsibilities under this 
Act; 
(ii) request the Attorney General to 
subpoena private persons and State and 
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Federal employees to compel testimony 
and other information relevant to its re-
sponsibilities under this Act; 
(iii) require any Government office to 
account in writing for the previous destruc-
tion of any records relating to the life or 
death of Tupac Amaru Shakur; 
(iv) receive information from the pub-
lic regarding the identification and public 
disclosure of related records; and 
(v) hold hearings, administer oaths, 
and subpoena witnesses. 
(C) ENFORCEMENT.—Any subpoena issued 
under provisions of this Act, by the Archivist or 
the Citizens Advisory Committee, may be en-
forced by any appropriate Federal court acting 
pursuant to a lawful request. 
(3) NOTICE
OF
RELATED
RECORD
DESIGNA-
TION.— 
(A) In determining to designate related 
records, the Archivist must determine that the 
record or group of records will more likely than 
not enhance, enrich, and broaden the historical 
record of the life and death of Tupac Amaru 
Shakur. 
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(B) A Notice of Related Record Designa-
tion (NRRD) shall be the mechanism for the 
Archivist to announce publicly its determination 
that a record or group of records meets the def-
inition of related records. 
(4) POSTPONEMENT.— 
(A) The Archivist shall consider and 
render decisions on a recommendation by a 
Government office under section 6(e)(2) to 
postpone the public disclosure of a related 
record. In carrying out this subparagraph, the 
Archivist shall— 
(i) consider and render decisions on 
whether a record constitutes a related 
record; 
(ii) consider and render decisions on 
whether a related record or particular in-
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. 
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(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 7(a), and no portion of any related 
record shall be withheld from public disclosure 
solely on grounds of non-relevance unless, in 
the Archivist’s sole discretion, release of a part 
of a record is sufficient to comply with the 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. 
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(II) A substitute record for that 
information which is postponed. 
(III) A summary of a related 
record. 
(5) NOTICE.— 
(A) IN GENERAL.—After a decision by the 
Archivist under paragraph (4) that a related 
record shall be publicly disclosed in the Collec-
tion or postponed for disclosure and held in the 
protected Collection, the Archivist shall notify 
the head of the originating body of the decision, 
publish a copy of the decision in the Federal 
Register within 14 days after the decision is 
made, and provide that the decision is search-
able electronically. 
(B) CONTEMPORANEOUS NOTICE TO EXEC-
UTIVE AND LEGISLATIVE BRANCHES.—Contem-
poraneous notice shall be made to the President 
for Archivist decisions regarding executive 
branch related records, and to the oversight 
committees specified in subsection (i) in the 
case of legislative branch records. Such notice 
shall contain a written unclassified justification 
for public disclosure or postponement of disclo-
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sure, including an explanation of the application 
of standards contained in section 7. 
(d) PRESIDENTIAL AUTHORITY OVER ARCHIVIST 
DETERMINATION.— 
(1) PUBLIC
DISCLOSURE
OR
POSTPONEMENT 
OF DISCLOSURE.—After the Archivist has made a 
formal decision concerning the public disclosure or 
postponement of disclosure of an executive branch 
related record or information within such a record, 
or of any information contained in a related record, 
obtained or developed solely within the executive 
branch, and upon a written appeal to the President 
by the originating agency, the Citizens Advisory 
Committee, or third agency within 30 days after 
such decision, the President shall have the sole and 
non-delegable authority to require the disclosure or 
postponement of such record or information under 
the standards set forth in section 7, and the Presi-
dent shall provide the Archivist with an unclassified 
written certification specifying the President’s deci-
sion within 30 days after the Archivist’s decision 
and notice to the executive branch agency as re-
quired under this Act, stating the justification for 
the President’s decision, including the applicable 
grounds for postponement under section 7, accom-
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panied by a copy of the identification aid required 
under section 6. If, after 30 days, the President has 
not transmitted such written certification to the Ar-
chivist, the Archivist may proceed according to the 
previous formal decision. 
(2) ANNUAL
REVIEW.—Any executive branch 
related record postponed by the President shall be 
subject to the requirements of annual review, down-
grading and declassification of classified informa-
tion, and public disclosure of the collection set forth 
in section 7(c). 
(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. 
(e) NOTICE TO PUBLIC.— 
(1) REPORT
REQUIREMENT.—Every 30 days, 
the Archivist shall submit to the committees de-
scribed in paragraph (2) and publish in the Federal 
Register a report on related records or particular in-
formation in related records the public disclosure of 
which is postponed by the Archivist under subsection 
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(c) or by the President under subsection (d) during 
the preceding 30 days. With respect to each such 
record, the report shall contain— 
(A) a description of the subject of the 
record, the originating agency, the length or 
other physical description of the record, and 
each ground for postponement that is relied 
upon, and provide that the notice is searchable 
electronically. 
(B) a description of actions by the Archi-
vist, the originating agency, the President, or 
any Government office with respect to the re-
lated record (including a justification of each 
ground for postponement of the record or part 
of the record) and of any official proceedings 
conducted by the Archivist with regard to the 
record or part of the record; and 
(C) a statement of the specific conditions 
and dates for the public disclosure of the record 
as set by the Archivist under subsection 
(c)(4)(A)(iii). 
(2) COMMITTEES DESCRIBED.—The committees 
described in this paragraph are the Committee on 
Government Reform of the House of Representa-
tives, the Committee on Homeland Security and 
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