Governmental Affairs of the Senate, and the Citi-
zens Advisory Committee. 
(3) DEADLINE.—The first report required by 
paragraph (1) shall be submitted and published not 
later than the date that is 60 calendar days after 
the date on which the Archivist first approves the 
postponement of disclosure of a related record. 
(4) ELECTRONIC SEARCHABILITY.—The Archi-
vist shall ensure that the report required by this 
subsection is searchable electronically. 
(f) REPORTS BY THE ARCHIVIST.— 
(1) IN GENERAL.—The Archivist shall report 
the activities of the Archivist under this Act to the 
leadership of Congress, the Committee on Govern-
ment Reform of the House of Representatives, the 
Committee on Homeland Security and Governmental 
Affairs of the Senate, the President, the head of any 
Government office whose records have been the sub-
ject of Archivist activity, and the Citizens Advisory 
Committee. 
(2) ANNUAL REPORTS.—The first report under 
this subsection shall be issued on the date that is 1 
year after the date of enactment of this Act, and 
subsequent reports shall be issued every 12 months 
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thereafter until termination of activities of the Ar-
chivist under this Act pursuant to section 8(g). 
(3) MATTERS COVERED.—A report under para-
graph (2) shall include the following information: 
(A) A financial report of the expenses for 
all official activities and requirements of the 
National Archives and its personnel. 
(B) The progress made on review, trans-
mission to the Archivist, and public disclosure 
of related records. 
(C) The estimated time and volume of re-
lated records involved in the completion of the 
Archivist’s performance under this Act. 
(D) Any special problems, including re-
quests and the level of cooperation of Govern-
ment offices, with regard to the ability of the 
Archivist to operate as required by this Act. 
(E) A record of review activities, including 
a record of postponement decisions by the Ar-
chivist or other related actions authorized by 
this Act, and a record of the volume of records 
reviewed and postponed. 
(F) Suggestions and requests to Congress 
for additional legislative authority needs. 
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(G) An appendix containing copies of re-
ports of postponed records to the Archivist re-
quired under section 7(c)(3) made since the 
date of the preceding report under this sub-
section. 
(H) Any recommendations made by the 
Citizens Advisory Committee. 
(I) Any recommendations of the Archivist. 
(g) NOTICE OF TERMINATION OF ACTIVITIES UNDER 
THIS ACT.—At least 90 calendar days before completing 
activities required under this Act and submitting the cer-
tification under subsection (h), the Archivist shall provide 
written notice to the President and Congress of the Archi-
vist’s intention to terminate activities under this Act at 
a specified date. 
(h) CERTIFICATION OF COMPLETION OF ARCHIVIST 
ACTIVITIES UNDER THIS ACT.—Upon completing activi-
ties required under this Act, including collecting related 
records, reviewing related records, and releasing or post-
poning related records, the Archivist shall submit to the 
President and Congress a written certification that the ac-
tivities of the Archivist are complete under this Act. 
(i) OVERSIGHT.—The Committee on Government Re-
form of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
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Senate shall have continuing oversight jurisdiction with re-
spect to the official conduct of the Archivist and the Citi-
zens Advisory Committee, and the disposition of postponed 
or newly discovered records after termination of activities 
of the Archivist under this Act pursuant to section 8(g)), 
and shall conduct periodic hearings on the conduct of the 
Archivist and the Citizens Advisory Committee not less 
than every year for a period ending 3 years after the date 
of the enactment of this Act. 
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.— 
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(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 
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(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, 
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United States Code, except that any related record discov-
ered after termination of activities of the Archivist under 
this Act pursuant to section 8(g) 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 
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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. 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. 13. RECORDS PENDING. 
Upon termination of activities of the Archivist under 
this Act pursuant to section 8(g), all records that are still 
pending postponement determinations shall be presumed 
to be available for release to the public. Any related record 
discovered in the possession of any Government agency or 
entity after termination of such activities shall be released 
to the Archivist for public disclosure under the provisions 
of this Act. 
SEC. 14. WHISTLEBLOWER PROTECTION. 
All members of the staff of the National Archives, 
the Archivist, and all Federal agencies covered under this 
Act shall treat relevant employees in accordance with the 
provisions of chapter 23 of title 5, United States Code, 
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prohibiting certain personnel practices (commonly referred 
to as whistleblower protection provisions), particularly re-
lating to the disclosure of improper document retention, 
release, and disclosure. 
SEC. 15. 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 
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