H.R. 7220 — COINTELPRO Full Disclosure Act

This section designates the short title of the Act as the “COINTELPRO Full Disclosure Act” and sets forth the table of contents.

This section directs the head of each Government Office to fully disclose to the public all COINTELPRO records in its possession or control within 6 months of enactment, except for records whose disclosure would clearly and demonstrably cause harm. For excepted records, it requires (1) partial disclosure of reasonably segregable information, a substitute record, or a summary to the extent it would not cause harm, in consultation with the originating body; and (2) transmittal to the Review Board for review under section 4(b). Notwithstanding the Privacy Act (5 U.S.C. 552a), it further requires full public disclosure of any non-disclosed COINTELPRO records 25 years after enactment by inclusion in the Collection, unless exempted via a written recommendation from specified agency heads—provided at least 180 days prior to the deadline to the Archivist and relevant congressional or judicial leaders, justified by risks to national security or other classified information under Executive Order 13526, and including a proposed disclosure date—and the Archivist concurs (with override authority for the President, Chief Justice, or congressional leaders as applicable). It also requires the possessing entity to notify victims or their next of kin at least 7 days before any public disclosure.

This section establishes a COINTELPRO Records Collection (i.e., records from the FBI's Counter Intelligence Program, which conducted surveillance and disruption activities against domestic political organizations from 1956 to 1971) at the National Archives, to include (1) copies of COINTELPRO records transmitted by government offices, (2) any such records fully disclosed to the public before enactment, and (3) Review Board records transmitted under section 4(l)(3). Not later than 60 days after enactment, the Archivist must commence establishing the collection (ensuring physical integrity and original provenance), preparing and publishing a subject guidebook and index, and setting criteria (including required metadata) for agency transmittals. All transmitted records must be publicly available for inspection and copying at the National Archives not later than 60 days after transmission and prioritized for digitization; the Archivist must charge copying fees (using efficient electronic means where possible) and issue fee-waiver regulations per FOIA standards. Each government office must transmit copies of all partially or fully disclosable COINTELPRO records in electronic, searchable form as soon as practicable and no later than two years after enactment.

This section establishes, as an independent agency in the executive branch, the COINTELPRO Records Review Board (Review Board) to (1) review agency determinations to partially disclose COINTELPRO records under section 2(c) of the Act and (2) recommend to the President whether such records in executive branch possession should be partially or fully disclosed under section 2. The President appoints 5 members, by and with the advice and consent of the Senate, not later than 60 days after enactment (extendable to 120 days under specified conditions), considering recommendations from the American Historical Association, Organization of American Historians, Society of American Archivists, and American Bar Association; nominees must have no prior involvement in COINTELPRO-related investigations, possess high professional reputation and objectivity, and include at least 1 professional historian and 1 attorney. Members elect a chairperson, receive compensation at the daily equivalent of level IV of the Executive Schedule under 5 U.S.C. §5315, and are allowed standard federal travel expenses; vacancies are filled within 60 days, and removal is limited to impeachment or presidential action for cause (with congressional reporting, Federal Register publication, and judicial review in D.C. federal court). The Review Board may direct executive agencies to provide records or testimony, subpoena private persons, and exercise other authorities prescribed by the Act.

This section establishes personnel requirements for the COINTELPRO Records Review Board. Specifically, it (1) directs the Board to appoint a Chief of Staff within 45 days of its initial meeting—without regard to political affiliation—who must be a U.S. citizen of integrity and impartiality with no prior involvement in COINTELPRO investigations, requires security clearance prior to appointment, assigns duties including administration and liaison but no disclosure decisions, and limits removal to a majority vote for cause; (2) authorizes additional staff in the excepted service (i.e., civil service positions outside the competitive service or Senior Executive Service) who must meet similar qualifications, with consideration of nominees from specified historical and professional organizations and prior security clearance required; (3) sets compensation according to title 5, U.S. Code, not to exceed level V of the Executive Schedule; and (4) authorizes advisory committees.

This section establishes procedures for custody, review, disclosure recommendations, public notices, and reporting by the COINTELPRO Records Review Board (Review Board) concerning COINTELPRO records (i.e., FBI records from the Counter Intelligence Program targeting domestic political organizations from 1956 to 1971). Government offices retain custody of records pending Review Board determinations, unless physical transfer is required for independent review or official functions. The Review Board recommends full public disclosure of records via transmission to the Archivist absent clear and convincing evidence that a record is not COINTELPRO-related or causes harm (as defined in the Act); for postponements, it provides segregable portions, substitutes, or summaries after consulting originating offices and transmits reports to the Archivist specifying future disclosure times. The Review Board notifies originating offices of determinations within 14 days and publishes them in the Federal Register; after 60 days from first approving a postponement, it posts public notices on its website summarizing the record and justifications. The Review Board submits annual reports—one year after enactment and yearly until termination—to congressional leaders, specified committees, the President, the Archivist, and relevant agency heads, detailing finances, review progress and volumes, challenges (including agency cooperation), non-disclosure recommendations, and legislative needs, with an appendix of postponement reports. The Review Board must provide 90 days' notice to the President and Congress before terminating operations.

This section authorizes the Review Board to request the Attorney General to petition federal courts to release information relevant to COINTELPRO (i.e., the FBI's former counterintelligence program targeting domestic political organizations) held under court seal or grand jury secrecy, deeming such requests a showing of particularized need under Federal Rule of Criminal Procedure 6(e); requires the Attorney General to respond within 45 days (explaining any denial of grand jury materials); and states the sense of Congress that the Attorney General assist in good faith and that all government offices fully cooperate with the Review Board.

This section establishes rules of construction for the Act. It specifies that Act requirements for transmitting records to the Archivist or public disclosure take precedence over other laws (except 26 U.S.C. §6103 on tax return confidentiality), judicial decisions construing such laws, or common law doctrines prohibiting disclosure—subject to exceptions for personnel and medical files (disclosure of which constitutes a clearly unwarranted invasion of personal privacy) and deeds governing gifts or donations of records to the U.S. government. It further clarifies that the Act (1) does not limit Freedom of Information Act rights or judicial review of agency decisions, (2) does not preclude Administrative Procedure Act judicial review of final agency actions under the Act, and (3) does not revoke or limit existing government authority to disclose records.

This section redesignates the Federal building located at 935 Pennsylvania Avenue Northwest in Washington, DC—previously known as the J. Edgar Hoover Federal Building—as the Federal Bureau of Investigation Federal Building.

This section deems any reference in U.S. laws, maps, regulations, documents, papers, or other records to the federal building designated in section 3 to be a reference to the “Federal Bureau of Investigation Federal Building”.

This section defines 13 terms used in the Act, including “Archivist” (i.e., the Archivist of the United States); “COINTELPRO” (i.e., the FBI’s covert counterintelligence program conducted in 1956 involving surveillance, infiltration, discrediting, and disruption of domestic political organizations); “COINTELPRO record” (i.e., records related to COINTELPRO created by, used by, obtained by, or possessed by federal entities—including the National Archives—or certain state or local governments); “Collection” (i.e., the COINTELPRO Records Collection established under section 3); “National Archives” (i.e., the National Archives and Records Administration, including Presidential archival depositories); and “Review Board” (i.e., the COINTELPRO Records Review Board established under section 4).