COINTELPRO Full Disclosure Act

Summary#

This bill would require federal offices to disclose COINTELPRO records to the public, with limited exceptions for harm. It creates a COINTELPRO Records Collection at the National Archives and requires agencies to send searchable electronic copies of records that can be disclosed. The bill also establishes a temporary COINTELPRO Records Review Board (an independent agency) with five presidentially appointed, Senate‑confirmed members to review decisions to postpone or partially disclose records. The Board may subpoena witnesses, require records, and recommend disclosure. Agencies must generally disclose records within 6 months or send them to the Board; searchable copies must be transmitted to the Archivist within 2 years. Records withheld or postponed must be reviewed, and most undisclosed records must be publicly available no later than 25 years after enactment unless high‑level officials justify continuing the delay. The bill directs the Archivist to create an index and prioritize digitization, allows copying fees, and requires agencies to try to notify victims or next of kin at least 7 days before release. It also renames the J. Edgar Hoover Federal Building the "Federal Bureau of Investigation Federal Building."

What it means for you#

  • More FBI and other federal files tied to COINTELPRO would be collected, indexed, and made available at the National Archives for public inspection and copying.
  • Some records or parts of records could be withheld or postponed if disclosure would "cause harm" as defined in the bill (for example, harm to national security, physical safety, privacy, or active law enforcement matters).
  • The public can expect digital access over time because the Archives must prioritize digitization and agencies must send searchable electronic copies.
  • Victims or their next of kin should receive notice at least 7 days before a record about related events is publicly released.

Expenses#

No publicly available information on the total cost or required appropriations. The bill does specify funding and pay rules, including:

  • Until Congress appropriates funds, the President may use funds available for discretionary use to carry out the Act.
  • The Review Board members are paid daily at the equivalent rate of Executive Schedule level IV when performing duties; staff pay may not exceed Executive Schedule level V.
  • The Archivist may charge copying fees and will set fee waiver procedures.

Proponents' View#

The bill states its purpose is to make COINTELPRO records public for historical and governmental purposes and to fully inform the public about civil rights cold cases. It directs preservation of original provenance, creation of an index and guidebook, and prioritizes digitization so scholars and the public can access records. The bill also builds in review and narrow exceptions to protect against clearly demonstrable harm.

Opponents' View#

No publicly available information.