I 
109TH CONGRESS 
1ST SESSION H. R. 4210 
To provide for the expeditious disclosure of records relevant to the life 
and death of Tupac Amaru Shakur. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2005 
Ms. MCKINNEY introduced the following bill; which was referred to the 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 Amaru Shakur Records Collection Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings, declarations, and purposes. 
Sec. 3. Definitions. 
Sec. 4. Tupac Amaru Shakur records collection at the National Archives.
Sec. 5. Citizens Advisory Committee. 
Sec. 6. Review, identification, transmission to the National Archives, and public 
disclosure of related records by Government offices. 
Sec. 7. Postponement of public disclosure of records. 
Sec. 8. Review of records. 
Sec. 9. Disclosure of materials under seal of court. 
Sec. 10. Private right of action. 
Sec. 11. Rules of construction. 
Sec. 12. Termination of effect of Act. 
Sec. 13. Authorization of appropriations. 
Sec. 14. Records pending. 
Sec. 15. Whistleblower protection. 
Sec. 16. 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;
(5) legislation is necessary because the Freedom 
of Information Act, as implemented by the executive 
branch, is not sufficient to insure the timely public 
disclosure of records relating to the life and death 
of Tupac Amaru Shakur; and 
(6) only in the rarest cases is there any 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 ‘‘related record’’ includes all 
records, public and private, regardless of how labeled 
or identified, that document, describe, report on, 
analyze or interpret activities, persons, or events 
reasonably related to the life and death of Tupac
Amaru Shakur and investigations of or inquiries into 
his life or death, including a record— 
(A) that was created or made available for 
use by, obtained by, or otherwise came into the 
possession of— 
(i) any Executive agency; 
(ii) any independent agency; 
(iii) any Government office; or 
(iv) any State or local law 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-
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 8. 
(iv) A record generated by a foreign 
government. 
(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— 
(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. 
(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 other executive branch 
office or agency, and any independent agency. 
(6) The term ‘‘identification aid’’ means the 
written description prepared by the Archivist for 
each record as required by section 5. 
(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 
created a record or particular information within a 
record. 
(10) The term ‘‘public interest’’ means the 
compelling interest in the prompt public disclosure 
of related records for historical and governmental 
purposes and for the purpose of fully informing the 
American people about the history surrounding the 
life and death of Tupac Amaru Shakur 
(11) The term ‘‘record’’ includes a book, paper, 
map, photograph, sound or video recording, machine 
readable material, computerized, digitized, or elec-
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 ‘‘third agency’’ means a Govern-
ment agency that originated a related record that is 
in the possession of another agency. 
(13) The term ‘‘Citizens Advisory Committee’’ 
means an independent body of qualified and con-
cerned citizens, scholars, legal experts and imme-
diate family members of Tupac Amaru Shakur to 
advise and assist in the implementation of this Act.
SEC. 4. TUPAC AMARU SHAKUR RECORDS COLLECTION AT 
THE NATIONAL ARCHIVES. 
(a) IN GENERAL.—(1) Not later than 60 days after 
the date of enactment of this Act, the National Archives 
shall commence establishment of a collection of records to 
be known as the ‘‘Tupac Amaru Shakur Records 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;
(ii) that are required to be transmitted to 
the National Archives; 
(iii) the disclosure of which is postponed 
under this Act; or 
(iv) that meets the definition of a related 
record discovered after termination of the 
record review; and 
(B) a central directory comprised of identifica-
tion aids created for each record transmitted to the 
Archivist under section 5; and 
(b) USE OF SECONDARY LOCATION FOR PORTION OF 
COLLECTION.— 
(1) IN
GENERAL.—The Archivist shall enter 
into an agreement with the Tupac Amaru Shakur 
Center for the Arts in Stone Mountain, Georgia for 
the establishment of a secondary location for a com-
plete copy of the appropriate portion of the Collec-
tion, not to include physical artifacts— 
(A) which will provide a maximum level of 
public access to copies of the portion of the Col-
lection involved; and 
(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 under this subsection, shall be 
subject to the same terms, conditions, and require-
ments as apply under this Act to the portion of the 
Collection maintained at the National Archives and 
the Archivist. 
(c) AVAILABILITY OF COLLECTION AT ARCHIVES AND 
ELECTRONICALLY.—Each item in the Collection (as 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 
(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 
at the National Archives, it shall be sufficient to comply 
with this Act if the public is provided with access to photo-
graphs, drawings, or similar materials depicting the arti-
facts. Additional display, examination, or testing by the 
public of artifacts in the Collection shall occur if there is 
a reasonable claim that such examination or testing will 
reveal aspects of the artifact that cannot be determined 
from such photographs or depictions, and shall occur 
under the terms and conditions established by the Na-
tional Archives to ensure their preservation 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 6. 
SEC. 5. CITIZENS ADVISORY COMMITTEE. 
(a) Not later than 60 days after the date of enact-
ment of this Act, the National Archives shall appoint an 
independent Citizens Advisory Committee, subject to the 
Federal Advisory Committee Act (5 U.S.C., App.), as de-
fined in App. 2, from candidates solicited from and nomi-
nated not later than 30 days after the date of the enact-
ment of this Act by non-governmental organizations from 
the Society of American Archivists, the National Bar As-
sociation, the Black Caucus of the American Library Asso-
ciation, Inc., and the National Conference of Black Polit-
ical Scientists, the civil rights, civil liberties, entertainment 
and African American community, which will consist of 
appointees— 
(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 which is covered in the scope of this 
Act’s search for records related to the life and death 
of Tupac Amaru Shakur, 
(3) who shall be impartial private citizens, none 
of whom is presently employed by any branch of the 
Government, and 
(4) who shall be distinguished persons of high 
national professional reputation in their respective 
fields who are capable of exercising the independent 
and objective judgment necessary to the fulfillment 
of their role in ensuring and facilitating the review, 
transmission to the public, and public disclosure of
records related to the life and death of Tupak 
Shakur, 
(A) who possess an appreciation of the 
value of such material to the public, scholars, 
and government, and 
(B) who include at least three scholars in 
current history, at least 3 members of the civil 
rights community, at least 3 experts on civil lib-
erties, and at least one member of the imme-
diate family of Tupac Amaru Shakur. 
(b) If an organization described in subsection (a) does 
not recommend at least 2 nominees meeting the qualifica-
tions stated, by the date that is 45 days after the date 
of enactment of this Act, the Archivist shall consider for 
nomination the persons recommended by the other organi-
zations or communities described in subsection (a). 
(c) The Archivist may request an organization de-
scribed in subsection (a) to submit additional nominations. 
(d) This Citizens Advisory Committee will not be 
compensated, but will meet at its discretion at least twice 
each year to advise and assist the archivist in the full im-
plementation of this act, including— 
(1) suggestions assisting 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. 
(e) VACANCY.—A vacancy on the Citizens Advisory 
Committee shall be filled in the same manner as specified 
for original appointment within 30 days of the occurrence 
of the vacancy. Nominations for a vacancy shall be made 
by the organizations and communities described in sub-
section (a). 
(f) CHAIRPERSON.—The Members of the Citizens Ad-
visory Committee shall elect one of its members as chair-
person at its initial meeting. 
(g) REMOVAL OF CITIZENS ADVISORY COMMITTEE 
MEMBER.— 
(1) IN GENERAL.—No member of the Citizens 
Advisory Committee shall be removed from office, 
other than— 
(A) by impeachment and conviction; or
(B) by the action of the Archivist for inef-
ficiency, neglect of duty, malfeasance in office, 
physical disability, mental incapacity, failure to 
meet or falsification of any qualifications under 
subsection (a)(1), or any other condition that 
substantially impairs the performance of the 
member’s duties. 
(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 subsection (g)(2), except that the 
Archivist may, if necessary to protect the rights 
of a person named in the report or to prevent 
undue interference with any pending 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 
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 
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. 
(C) In cases where a copy, as defined in 
subparagraph (D), is authorized by the Act to 
be included in the Collection, the Archivist may 
require that a copy be certified if, in its discre-
tion, it determines a certification to be nec-
essary to ensure the integrity of the Collection. 
In cases where an original, as defined in sub-
paragraph (A), is required for inclusion in the 
Collection, the National Archives may, at its 
discretion, accept the best available copy. In 
such cases that records included in the Collec-
tion, whether originals or copies, contain illegi-
ble 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 
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. 
(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; 
(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 6; 
(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; 
(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-
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, 
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 by the Archivist, a Government of-
fice shall— 
(A) attach a printed copy to the record it 
describes; 
(B) transmit to the Archivist a printed 
copy; and 
(C) attach a printed copy to each related 
record it describes when it is transmitted to the 
Archivist. 
(3) PUBLICLY AVAILABLE RECORDS.—Related 
records which are in the possession of the National 
Archives on the date of enactment of this Act, and 
which have been publicly available in their entirety 
without redaction, shall be made available in the
Collection without any additional review by any 
other authorized office under this Act. 
(e) TRANSMISSION TO THE NATIONAL ARCHIVES.— 
Each Government office shall— 
(1) transmit to the Archivist, and make 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 upon approval for 
postponement or upon completion of other action au-
thorized by this Act, all related records the public 
disclosure of which has been postponed, in whole or 
in part, under the standards of this Act, to become 
part of the protected Collection. 
(f) RECORD AVAILABILITY.—The National Archives 
and Executive branch agencies shall— 
(1) charge fees for copying related records; 
(2) grant waivers of such fees pursuant to the 
standards established by section 552(a)(4) of title 5, 
United States Code; 
(3) permit, when not deemed a risk by the 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 subject to the limitations 
of this Act if there is clear and convincing evidence that— 
(1) the threat, as of the time the postponement 
decision is made, to the military defense, intelligence 
operations, or conduct of foreign relations of the 
United States posed by the public disclosure of the 
related record is of such gravity that it outweighs 
the public interest, and such public disclosure would 
reveal— 
(A) a living intelligence agent whose 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; 
(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 
postponed shall, pending transmission to the Archivist, be 
held for reasons of security and preservation by the origi-
nating body until such time as the information security 
program has been established at the National Archives as 
required by section 4(e)(2). 
(c) ANNUAL REVIEW
OF POSTPONED RELATED 
RECORDS.—(1) All postponed or redacted records shall be 
reviewed annually by the originating agency and the Ar-
chivist consistent with the recommendations of the Act. 
(2) An annual review shall address the public disclo-
sure of additional related records in the Collection. Any 
related records discovered since the preceding annual re-
view in possession of any Federal, State, or local agency, 
Government office, organization, or person shall be added 
to the Collection, and the annual review also shall address 
the public disclosure of such records under the standard 
of this Act. 
(3) All postponed related records determined to 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) The annual review of postponed related records 
shall serve to downgrade and declassify security-classified 
information and implement the presumption of release re-
quired by section 15. 
(d) 
REQUIREMENT
TO
DISCLOSE
POSTPONED 
RECORDS.—Each related record shall be publicly disclosed 
in full, and available in the Collection no later than 1 year 
after the termination of the initial review, or the date that 
is 3 years after the date of enactment of this Act, which-
ever is earlier, unless the President certifies, as required 
by this Act, that continued postponement is made nec-
essary by— 
(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. 
(a) STARTUP
REQUIREMENTS.—The Government 
agencies and entities in possession of related records 
shall— 
(1) not later than 90 days after the date of its 
appointment, publish a schedule for review of all re-
lated records in the Federal Register; and
(2) not later than 180 days after the date of its 
appointment, begin its review of related records 
under this Act. 
(b) DETERMINATIONS OF THE ARCHIVIST RELATING 
TO PUBLIC DISCLOSURE AND POSTPONEMENT.— 
(1) TRANSMITTAL.—The National Archives 
shall direct that all related records be transmitted to 
the Archivist and disclosed to the public in the Col-
lection in the absence of clear and convincing evi-
dence that— 
(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; 
(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 insure full 
disclosure of related records and fulfill its 
functions and responsibilities under this 
Act; 
(ii) request the Attorney General to 
subpoena private persons and State and 
Federal employees to compel testimony, 
and other information relevant to its 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. 
(B) A Notice or 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 determination by a Gov-
ernment office to seek to postpone the disclo-
sure of related records. In carrying out this 
subparagraph, the Archivist shall— 
(i) consider and render decisions on 
whether a record constitutes a related 
record; 
(ii) consider and render decisions on 
whether a related record or particular in-