[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2998 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2998
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
May 4, 2021
Mr. Rush introduced the following bill; which was referred to the
Committee on Oversight and Reform, 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 impeachment and conviction; or
(B) by the action of the President for
inefficiency, neglect of duty, malfeasance in office,
physical disability, mental incapacity, or any other
condition that substantially impairs the performance of
the member's duties.
(2) Report.--
(A) In general.--If a member of the Review Board is
removed from office, and that removal is by the
President, not later than 10 days after the removal,
the President shall submit to the Committee on
Oversight and Reform of the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs of the Senate a report specifying the facts
found and the grounds for the removal.
(B) Publication.--The President shall publish in
the Federal Register a report submitted under
subparagraph (A), except that the President may, if
necessary to protect the rights of a person named in
the report or to prevent undue interference with any
pending prosecution, postpone or refrain from
publishing any or all of the report until the
completion of such pending cases or pursuant to privacy
protection requirements in law.
(3) Judicial review.--
(A) In general.--A member of the Review Board
removed from office may obtain judicial review of the
removal in a civil action commenced in the United
States District Court for the District of Columbia.
(B) Relief.--The member may be reinstated or
granted other appropriate relief by order of the court.
(h) Compensation of Members.--
(1) In general.--A member of the Review Board shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Review Board.
(2) Travel expenses.--A member of the Review Board shall be
allowed reasonable travel expenses, including per diem in lieu
of subsistence, at rates for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of business
in the performance of services for the Review Board.
(i) Powers.--
(1) In general.--The Review Board shall have the authority
to act in a manner prescribed under this Act including the
authority to--
(A) direct a Government office to make available to
the Review Board, and if necessary investigate the
facts surrounding, additional information, records, or
testimony from individuals, which the Review Board has
reason to believe is required to fulfill its functions
and responsibilities under this Act;
(B) subpoena private persons to compel the
production of documents and other records relevant to
its responsibilities under this Act;
(C) require any Government office to account in
writing for the destruction of any records relating to
COINTELPRO;
(D) receive information from the public regarding
the identification and public disclosure of COINTELPRO
records; and
(E) hold hearings and administer oaths.
(2) Enforcement of subpoenas.--The Review Board may bring a
civil action in a district court of the United States to
enforce a subpoena issued under paragraph (1)(B).
(j) Witness Immunity.--The Review Board shall be considered to be
an agency of the United States for purposes of chapter 601 of title 18,
United States Code.
(k) Support Services.--The Administrator of General Services shall
provide administrative services for the Review Board on a reimbursable
basis.
(l) Termination.--
(1) In general.--The Review Board shall terminate not later
than 4 years after the date of enactment of this Act, except
that the Review Board may, by majority vote, extend its term
for an additional 1-year period if the Review Board determines
that it has not completed its work within that 4-year period.
(2) Reports.--Before its termination, the Review Board
shall--
(A) submit a report to the President and the
Congress on the activities conducted by the Board,
including a complete and accurate accounting of
expenditures during its existence; and
(B) complete all other reporting requirements under
this Act.
(3) Transfer of records.--
(A) In general.--Upon termination, the Review Board
shall transfer all records created by or in the
possession of the Board to the Archivist for inclusion
in the Collection.
(B) Preservation of records.--The records of the
Review Board shall not be destroyed, except that the
Archivist may destroy routine administrative records
covered by a general records schedule following
notification in the Federal Register and after
considering comments.
SEC. 5. COINTELPRO RECORDS REVIEW BOARD PERSONNEL.
(a) Chief of Staff.--
(1) Appointment.--Not later than 45 days after the initial
meeting of the Review Board, and without regard to political
affiliation, the Review Board shall appoint an individual to
the position of Chief of Staff of the Review Board.
(2) Requirements.--The individual appointed as Chief of
Staff--
(A) shall be a citizen of the United States of
integrity and impartiality who is a distinguished
professional; and
(B) shall have had no previous involvement with any
official investigation or inquiry relating to
COINTELPRO.
(3) Candidate to have clearances.--A candidate for Chief of
Staff may be granted the necessary security clearances in an
accelerated manner subject to the standard procedures for
granting such clearances.
(4) Approval contingent on prior clearance.--A candidate
for Chief of Staff may not be appointed without receiving a
security clearance.
(5) Duties.--The Chief of Staff shall--
(A) serve as principal liaison to Government
offices;
(B) be responsible for the administration and
coordination of the Review Board's review of records;
(C) be responsible for the administration of all
official activities conducted by the Review Board; and
(D) have no authority to decide or determine
whether any record shall be disclosed to the public or
postponed for disclosure.
(6) Removal.--The Chief of Staff shall not be removed
except upon a majority vote of the Review Board to remove the
Chief of Staff for cause on the grounds of inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the responsibilities of the Chief of
Staff or the employees of the Review Board.
(b) Staff.--
(1) Additional personnel.--The Review Board may appoint
additional employees as are necessary to enable the Review
Board and its Chief of Staff to perform their duties. Any
employee appointed under this paragraph shall be in the
excepted service (as that term is defined in section 2103 of
title 5, United States Code).
(2) Requirements.--An individual appointed as an employee
of the Review Board--
(A) shall be a private citizen of integrity and
impartiality; and
(B) shall have had no previous involvement with any
official investigation or inquiry relating to
COINTELPRO.
(3) Nominations.--Before making an appointment pursuant to
paragraph (1), the Review Board shall consider individuals
recommended by the American Historical Association, the
Organization of American Historians, the Society of American
Archivists, and the American Bar Association.
(4) Security clearances.--A staff candidate may not be
appointed without receiving a security clearance.
(c) Compensation.--The Review Board shall fix the compensation of
the Chief of Staff and other employees in accordance with title 5,
United States Code, except that the rate of pay for the Chief of Staff
and other employees may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of that title.
(d) Advisory Committees.--The Review Board may create advisory
committees to assist in fulfilling the responsibilities of the Review
Board under this Act.
SEC. 6. REVIEW OF RECORDS BY THE COINTELPRO RECORDS REVIEW BOARD.
(a) Custody of Records Reviewed by the Review Board.--Pending a
determination by the Review Board with respect to a record transmitted
to the Board for review under this section, a Government office shall
retain custody of a COINTELPRO record for purposes of preservation,
security, and efficiency, unless--
(1) the Review Board requires the physical transfer of
records for reasons of conducting an independent and impartial
review; or
(2) such transfer is necessary for an administrative
hearing or other official Review Board function.
(b) Recommendation of the Review Board.--
(1) In general.--In reviewing a record in accordance with
section 4(b), the Review Board shall direct that copies of all
COINTELPRO records be transmitted to the Archivist and fully
disclosed to the public in the Collection in the absence of
clear and convincing evidence that--
(A) a record is not a COINTELPRO record; or
(B) a record or particular information within a
COINTELPRO record does not cause harm, as such term is
defined in section 2.
(2) Postponement.--In determining whether a COINTELPRO
record should be fully disclosed to the public under section
2(a), the Review Board shall work to--
(A) provide for the disclosure of segregable parts,
substitutes, or summaries of such a record; and
(B) determine, in consultation with the Government
office in the possession or control of the record, and
consistent with the standards for disclosure under this
Act, which of the following alternative forms of
disclosure shall be made by the Government office:
(i) Any reasonably segregable particular
information in a COINTELPRO record.
(ii) A substitute record for that
information which is postponed.
(3) Report.--With respect to a COINTELPRO record, or
particular information within a record, for which only
substitutions or summaries have been disclosed to the public,
the Review Board shall transmit to the Archivist a report
containing--
(A) a description of actions by the Review Board,
the originating body, the President, or any Government
office (including a justification of any such action to
postpone disclosure of any record or part of any
record) and of any official proceedings conducted by
the Review Board with regard to specific COINTELPRO
records; and
(B) a statement, based on a review of the
proceedings and in conformity with the decisions
reflected therein, designating a recommended specified
time at which or a specified occurrence following which
the material may be appropriately disclosed to the
public under this Act.
(4) Notice.--Not later than 14 days after the Review Board
makes a determination whether a COINTELPRO record should be
fully disclosed, the Review Board shall--
(A) notify the head of the Government office in the
possession or control of the record of the
determination; and
(B) publish a copy of the determination in the
Federal Register.
(c) Notice to the Public.--On each day that is on or after the date
that is 60 days after the Review Board first approves the postponement
of disclosure of a COINTELPRO record, the Review Board shall publish on
a publicly available website a notice that summarizes the
recommendation including a description of the subject, the originating
body, length or other physical description, and each justification
relied on for the recommendation.
(d) Reports by the Review Board.--
(1) In general.--The Review Board shall submit a report its
activities to the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the Committee
on Oversight and Reform of the House of Representatives, the
Majority Leader of the Senate, the Minority Leader of the
Senate, the Committee on Homeland Security and Governmental
Affairs of the Senate, the President, the Archivist, and the
head of any Government office whose records have been the
subject of Review Board activity.
(2) Deadlines.--Not later than 1 year after the date of the
enactment of this Act, and every year thereafter until the
termination of the Review Board, the Review Board shall issue a
report under paragraph (1).
(3) Contents.--Each report under paragraph (1) shall
include the following information:
(A) A financial report of the expenses for all
official activities and requirements of the Review
Board and its employees.
(B) The progress made on review and, transmission
to the Archivist, and public disclosure of COINTELPRO
records.
(C) The estimated time and volume of COINTELPRO
records involved in the completion of the Review
Board's duties under this Act.
(D) Any special problems, including requests and
the level of cooperation of Government offices, with
regard to the ability of the Review Board to meet the
requirements of this Act.
(E) A record of review activities, including a
record of recommendations that a record not be fully
disclosed by the Review Board or other related actions
authorized by this Act, and a record of the volume of
records reviewed and recommended to not be fully
disclosed.
(F) Recommendations and requests to Congress for
additional authorizations or appropriations.
(G) An appendix containing copies of reports of
postponed records to the Archivist required under
subsection (c)(3) made since the date of the preceding
report submitted under this subsection.
(4) Notice of termination.--Not later than 90 days before
terminating, the Review Board shall provide written notice to
the President and the Congress of its intention to terminate
its operations at a specified date and the date on which the
Board intends to terminate.
SEC. 7. DISCLOSURE OF OTHER INFORMATION AND ADDITIONAL STUDY.
(a) Materials Under the Seal of the Court.--
(1) In general.--The Review Board may request the Attorney
General to petition any court in the United States to release
any information relevant to COINTELPRO that is held under seal
of court.
(2) Grand jury materials.--
(A) In general.--The Review Board may request the
Attorney General to petition any court in the United
States to release any information relevant to
COINTELPRO that is held under the injunction of secrecy
of a grand jury.
(B) Particularized need.--A request for disclosure
of COINTELPRO records under this Act shall be deemed to
constitute a showing of particularized need pursuant to
rule 6 of the Federal Rules of Criminal Procedure.
(3) Deadline.--
(A) In general.--The Attorney General shall respond
to any request that is subject to this subsection
within 45 days.
(B) Nondisclosure of grand jury information.--If
the Attorney General determines that information
relevant to a COINTELPRO that is held under the seal of
a grand jury should not be made public, the Attorney
General shall set forth in the response to the request
the reasons for the determination.
(b) Cooperation With Agencies.--It is the sense of Congress that--
(1) the Attorney General should assist the Review Board in
good faith to unseal any records that the Review Board
determines to be relevant and held under the seal by a court or
under the injunction of secrecy of a grand jury; and
(2) all Government offices should cooperate in full with
the Review Board to seek the disclosure of all information
relevant to COINTELPRO consistent with the public interest.
SEC. 8. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--
(1) In general.--Subject to paragraph (2), when this Act
requires transmission of a record to the Archivist or public
disclosure, it shall take precedence over any other law (except
section 6103 of the Internal Revenue Code of 1986 (26 U.S.C.
6103)), judicial decisions construing such law, or common law
doctrine that would otherwise prohibit such transmission or
disclosure with the exception of deeds governing access to or
transfer or release of gifts and donations of records to the
United States Government.
(2) Personnel and medical files.--This Act shall not
require the public disclosure of personnel and medical files
and similar files the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy.
(b) Freedom of Information Act.--Nothing in this Act shall be
construed to eliminate or limit any right to file any requests with any
executive agency or seek judicial review of a decision under section
552 of title 5, United States Code.
(c) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
(d) Existing Authority.--Nothing in this Act revokes or limits the
existing authority of the President, any executive agency, the Senate,
the House of Representatives, or any other entity of the Government to
publicly disclose records in its possession.
SEC. 9. REDESIGNATION.
The Federal building located at 935 Pennsylvania Avenue Northwest
in Washington, DC, commonly known as the J. Edgar Hoover Federal
Building, shall be known and designated as the ``Federal Bureau of
Investigation Federal Building''.
SEC. 10. REFERENCES.
Any reference in a law, map, regulation, document, paper, or other
record of the United States to the Federal building referred to in
section 3 shall be deemed to be a reference to the ``Federal Bureau of
Investigation Federal Building''.
SEC. 11. FUNDING.
Until such time as funds are appropriated to carry out this Act,
the President shall use such sums as are available for discretionary
use to carry out this Act.
SEC. 12. DEFINITIONS.
In this Act:
(1) Archivist.--The term ``Archivist'' means the Archivist
of the United States.
(2) COINTELPRO.--The term ``COINTELPRO'' means the covert
and illegal counter intelligence program conducted by the
Federal Bureau of Investigation in 1956 that involved
surveilling, infiltrating, discrediting, and disrupting
domestic organizations involved in the political process,
including political parties, non-governmental organizations,
advocacy groups, and special interest groups.
(3) COINTELPRO record.--The term ``COINTELPRO record''
means a record that--
(A) is related to COINTELPRO; and
(B) was created or made available for use by,
obtained by, or otherwise came into the possession of--
(i) an entity of the Federal Government,
including--
(I) the Library of Congress;
(II) any executive agency,
including the National Archives; and
(III) any independent agency; or
(ii) any State or local government, or
component thereof, that provided support or
assistance or performed work in connection with
a Federal inquiry into surveillance,
infiltration, discrediting, or disruption
undertaken as a part of COINTELPRO.
(4) Collection.--The term ``Collection'' means the
COINTELPRO Records Collection established under section 3.
(5) Executive agency.--The term ``executive agency'' means
an agency, as defined in section 552(f) of title 5, United
States Code.
(6) Government office.--The term ``Government office''
means any entity of the Federal Government that has possession
or control of 1 or more COINTELPRO record.
(7) Government official.--The term ``Government official''
means any officer or employee of the United States, including
any elected or appointed official.
(8) National archives.--The term ``National Archives''
means the National Archives and Records Administration and all
components thereof, including Presidential archival
depositories established under section 2112 of title 44, United
States Code.
(9) Official investigation.--The term ``official
investigation'' means the review of a COINTELPRO case conducted
by any entity of the Federal Government either independently,
at the request of any Presidential commission or congressional
committee, or at the request of any Government official.
(10) Originating body.--The term ``originating body'' means
the entity of the Federal Government, or the entity of a State
or local government, as the case may be, that created a record
or particular information within a record.
(11) Public interest.--The term ``public interest'' means
the compelling interest in the prompt public disclosure of
civil rights cold case records for historical and Governmental
purposes and for the purpose of fully informing the people of
the United States about the history surrounding all civil
rights cold cases in the United States.
(12) Record.--The term ``record'' has the meaning given the
term in section 3301 of title 44, United States Code.
(13) Review board.--The term ``Review Board'' means the
COINTELPRO Records Review Board established under section 4.
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