[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9973 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9973 To require the public disclosure of COINTELPRO records, to establish a COINTELPRO Records Collection, and to establish the COINTELPRO Records Review Board, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES October 11, 2024 Mr. Jackson of Illinois (for himself, Ms. Lee of Pennsylvania, Ms. Lee of California, Ms. Moore of Wisconsin, Ms. Tlaib, and Ms. Bush) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Committee on Transportation and Infrastructure, 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 require the public disclosure of COINTELPRO records, to establish a COINTELPRO Records Collection, and to establish the COINTELPRO Records Review Board, and for other purposes. Be it enacted by the Senate and House of Representatives 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 ``COINTELPRO Full Disclosure Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Public disclosure of COINTELPRO records. Sec. 3. COINTELPRO Records Collection at the National Archives. Sec. 4. Establishment and powers of the COINTELPRO Records Review Board. Sec. 5. COINTELPRO Records Review Board personnel. Sec. 6. Review of records by the COINTELPRO Records Review Board. Sec. 7. Disclosure of other information and additional study. Sec. 8. Rules of construction. Sec. 9. Redesignation. Sec. 10. References. Sec. 11. Funding. Sec. 12. Definitions. SEC. 2. PUBLIC DISCLOSURE OF COINTELPRO RECORDS. (a) In General.--Except as provided in subsection (b), not later than 6 months after the date of the enactment of this Act, the head of a Government Office shall fully disclose to the public each COINTELPRO record in the possession or control of the Government Office. (b) Exception.--The requirement under subsection (a) shall not apply to a COINTELPRO record if the head of the Government Office determines that the full disclosure of such record, or particular information within such record, would clearly and demonstrably be expected to cause harm. (c) Partial Disclosure.--If the head of a Government Office determines in accordance with subsection (b) that the requirements of subsection (a) do not apply with respect to a COINTELPRO record, the head of the Government Office shall disclose to the public in consultation with the originating body, and to the extent doing so would not clearly and demonstrably be expected to cause harm-- (1) any reasonably segregable particular information in a COINTELPRO record; (2) a substitute record for that information; or (3) a summary of the COINTELPRO record. (d) Review by Board.--If a Government Office determines that the requirements of subsection (a) do not apply with respect to a COINTELPRO record, such record shall be transmitted to the Review Board for review in accordance with section 4(b). (e) Full Disclosure of COINTELPRO Record Required.-- (1) In general.--Notwithstanding section 552a of title 5, United States Code, each COINTELPRO record that is not fully disclosed to the public as of the date on which the Review Board terminates under section 4(n) shall be fully disclosed to the public and made available in the Collection not later than 25 years after the date of the enactment of this Act unless-- (A) the head of the entity of the Federal Government in the possession of control of the record, the head of a Government office, the head of the originating body, or the head of an executive agency recommends in writing the exemption of the record or particular information within the record, because the disclosure of which would clearly and demonstrably be expected to-- (i) cause identifiable or describable damage to national security, military defense, law enforcement, intelligence operations, or the conduct of foreign relations that is of such gravity that further postponing the disclosure of the record outweighs the public interest in disclosure; or (ii) reveal information described in paragraphs (1) through (9) of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 707; relating to classified national security information); (B) the written recommendation described in subparagraph (A)-- (i) not later than 180 days before the date that is 25 years after the date of the enactment of this Act, is provided to-- (I) the Archivist; (II) the President, if the record is in the possession or control of an agency in the executive branch of the Federal Government; (III) the Chief Justice of the Supreme Court, if the record is in the possession or control of an agency in the judicial branch of the Federal Government; (IV) the Speaker of the House of Representatives, if the record is in the possession or control of an office of the House of Representatives; (V) the President Pro Tempore of the Senate, if the record is in the possession or control of an office of the Senate; and (VI) the Speaker of the House of Representatives and the President Pro Tempore of the Senate, if the record is in the possession or control of an office of the legislative branch of the Federal Government not described under subclauses (IV) and (V); and (ii) includes-- (I) a justification of the recommendation to exempt the record, or particular information within the record; and (II) a recommended date on which, or a specified occurrence following which, the record, or particular information within the record may be appropriately disclosed to the public under this Act; and (C) the Archivist agrees with the written recommendation described in subparagraph (A). (2) Notification.--If the Archivist does not agree with the recommendation described in subparagraph (A), the Archivist shall notify the person making the recommendation not later than 90 days before the date that is 25 years after the date of enactment of this Act. (3) Override of decision by archivist.-- (A) Authority to override decision by archivist.-- The following individuals may override a decision of the Archivist regarding a written recommendation under paragraph (1): (i) The President, if the record is in the possession or control of an agency in the executive branch of the Federal Government. (ii) The Chief Justice of the Supreme Court, if the record is in the possession or control of an agency in the judicial branch of the Federal Government. (iii) The Speaker of the House of Representatives, if the record is in the possession or control of an office of the House of Representatives. (iv) The President Pro Tempore of the Senate, if the record is in the possession or control of an office of the Senate. (v) The Speaker of the House of Representatives and the President Pro Tempore of the Senate acting jointly, if the record is in the possession or control of an agency in the legislative branch of the Federal Government. (B) Notice.--If an individual overrides a decision described under subparagraph (A), the individual shall notify the person making the recommendation not later than 90 days before the date that is 25 years after the date of enactment of this Act. (f) Notice Regarding Public Disclosure.-- (1) Finding.--Congress finds that the public release of case-related documents and information without notice may significantly affect the victims of the events to which the case relates and their next of kin. (2) Notice.--Not later than 7 days before a COINTELPRO record is publicly disclosed, the entity of the Federal Government that has possession or control of the COINTELPRO record shall take all reasonable efforts to provide the COINTELPRO record to the victims of the events to which the COINTELPRO record relates, or their next of kin. (g) Definition.--In this section, the term ``cause harm'' means to-- (1) cause identifiable or describable damage to national security, military defense, law enforcement, intelligence operations, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in disclosure; (2) reveal information described in paragraphs (1) through (9) of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 707; relating to classified national security information); (3)(A) reveal the name or identity of a living individual who provided confidential information to the United States; and (B) pose a substantial risk of harm to that individual; (4) constitute an unwarranted invasion of personal privacy; (5)(A) compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or group; and (B) be so harmful that the understanding of confidentiality outweighs the public interest; (6) endanger the life or physical safety of any individual; (7) interfere with ongoing law enforcement proceedings; or (8) reveal information as prohibited by laws and policies protecting criminal records of juveniles. SEC. 3. COINTELPRO RECORDS COLLECTION AT THE NATIONAL ARCHIVES. (a) In General.-- (1) Establishment of the cointelpro records collection.-- Not later than 60 days after the date of the enactment of this Act, the Archivist shall-- (A) commence establishing a collection of COINTELPRO records to be known as the ``COINTELPRO Records Collection'' that ensures the physical integrity and original provenance of all records in the Collection; (B) commence preparing and publishing a subject guidebook and index to the Collection; and (C) establish criteria for Government offices to follow when transmitting copies of COINTELPRO records to the Archivist (to include required metadata) under subsection (d). (2) Contents of collection.--The Collection shall include-- (A) a copy of each COINTELPRO record transmitted to the Archivist under subsection (d); (B) any COINTELPRO record fully disclosed to the public before the date of the enactment of the Act; and (C) all Review Board records, as required under this Act transmitted under section 4(l)(3). (b) Disclosure of Records.--All COINTELPRO records transmitted to the Archivist-- (1) not later than 60 days after the transmission of the record to the Archivist, shall be available to the public for inspection and copying at the National Archives; and (2) shall be prioritized for digitization by the National Archives. (c) Fees for Copying.--The Archivist shall-- (1) use efficient electronic means when possible; (2) charge fees for copying COINTELPRO records in the Collection; and (3) promulgate regulations in accordance with the standard established under section 552(a)(4) of title 5, United States Code, for establishing procedures and guidelines for determining when such fees should be waived. (d) Transmission to the National Archives.--Each Government office shall, in accordance with the criteria established by the Archivist under subsection (a)(1)(C) as soon as is reasonably practicable, and in any event not later than 2 years after the date of the enactment of this Act, transmit to the Archivist in an electronic and searchable form a copy of each COINTELPRO record that can be partially or fully disclosed to the public in accordance with subsection (b), including any such record that is publicly available on the date of the enactment of this Act. SEC. 4. ESTABLISHMENT AND POWERS OF THE COINTELPRO RECORDS REVIEW BOARD. (a) Establishment.--There is established, as an independent agency in the executive branch of the Federal Government, a board to be known as the COINTELPRO Records Review Board. (b) Duties of the Review Board.-- (1) In general.--The Review Board shall-- (A) review a determination by a Government Office to partially disclose a COINTELPRO record in accordance with section 2(c); and (B) if such record is in the possession or control of an entity in the executive branch of the Government, make a recommendation to the President on whether the record-- (i) should have been partially disclosed in accordance with section 2(c); or (ii) fully disclosed in accordance with section 2(a). (2) Decisions.--In carrying out paragraph (1), the Review Board shall consider whether a record constitutes a COINTELPRO record. (c) Appointment.-- (1) In general.--The President shall appoint, by and with the advice and consent of the Senate, 5 individuals to serve as members of the Review Board. (2) Initial appointment.-- (A) In general.--Subject to subparagraph (C), initial appointments to the Review Board shall be made not later than 60 days after the date of the enactment of this Act. (B) Recommendations.--In making appointments to the Review Board, the President may consider any individuals recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivists, and the American Bar Association. (C) Extension.--If an organization described in subparagraph (B) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (3) within 60 days after the date of the enactment of this Act, the deadline under subparagraph (A) shall be extended until the earlier of 60 days after the date on which such recommendations are made or 120 days after the date of the enactment of this Act. (D) Additional recommendations.--The President may request that any organization described in subparagraph (B) submit additional recommended nominees. (3) Qualifications.--Individuals nominated to the Review Board shall-- (A) not have had any previous involvement with any official investigation or inquiry conducted by the Federal Government, or any State or local government, relating to any COINTELPRO; (B) be distinguished individuals of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to fulfill their role in ensuring and facilitating the review, transmission to the public, and public disclosure of files related to COINTELPRO and who possess an appreciation of the value of such material to the public, scholars, and government; and (C) include at least 1 professional historian and 1 attorney. (d) Security Clearances.--All Review Board nominees may be processed for the necessary security clearances in an accelerated manner by the appropriate Federal agencies and subject to the standard procedures for granting such clearances. (e) Vacancy.--A vacancy on the Review Board shall be filled in the same manner as the original appointment and within 60 days of the occurrence of the vacancy. (f) Chairperson.--The members of the Review Board shall elect 1 of the members as chairperson. (g) Removal of Review Board Member.-- (1) In general.--No member of the Review Board shall be removed from office, other than-- (A) by i