[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