[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