I 
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 Transpor-
tation and Infrastructure, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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 Representa-
tives 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: 
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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 enact-
ment 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 disclo-
sure 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 Govern-
ment 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 Gov-
ernment Office shall disclose to the public in consultation 
with the originating body, and to the extent doing so 
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would not clearly and demonstrably be expected to cause 
harm— 
(1) any reasonably segregable particular infor-
mation 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 de-
termines 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 enact-
ment 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 
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executive agency recommends in writing the ex-
emption of the record or particular information 
within the record, because the disclosure of 
which would clearly and demonstrably be ex-
pected to— 
(i) cause identifiable or describable 
damage to national security, military de-
fense, law enforcement, intelligence oper-
ations, or the conduct of foreign relations 
that is of such gravity that further post-
poning the disclosure of the record out-
weighs 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 se-
curity 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 
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agency in the executive branch of the 
Federal Government; 
(III) the Chief Justice of the Su-
preme 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 rec-
ommendation to exempt the record, or 
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particular 
information 
within 
the 
record; and 
(II) a recommended date on 
which, or a specified occurrence fol-
lowing 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 sub-
paragraph (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 en-
actment 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 Gov-
ernment. 
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(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 pos-
session or control of an office of the House 
of Representatives. 
(iv) The President Pro Tempore of 
the Senate, if the record is in the posses-
sion or control of an office of the Senate. 
(v) The Speaker of the House of Rep-
resentatives and the President Pro Tem-
pore of the Senate acting jointly, if the 
record is in the possession or control of an 
agency in the legislative branch of the Fed-
eral 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 en-
actment of this Act. 
(f) NOTICE REGARDING PUBLIC DISCLOSURE.— 
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(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 enti-
ty 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 re-
lations 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 na-
tional security information); 
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(3)(A) reveal the name or identity of a living in-
dividual who provided confidential information to the 
United States; and 
(B) pose a substantial risk of harm to that indi-
vidual; 
(4) constitute an unwarranted invasion of per-
sonal privacy; 
(5)(A) compromise the existence of an under-
standing of confidentiality currently requiring pro-
tection between a Government agent and a cooper-
ating 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 pro-
ceedings; or 
(8) reveal information as prohibited by laws and 
policies protecting criminal records of juveniles. 
SEC. 3. COINTELPRO RECORDS COLLECTION AT THE NA-
TIONAL ARCHIVES. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT
OF
THE
COINTELPRO 
RECORDS
COLLECTION.—Not later than 60 days 
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after the date of the enactment of this Act, the Ar-
chivist shall— 
(A) commence establishing a collection of 
COINTELPRO records to be known as the 
‘‘COINTELPRO Records Collection’’ that en-
sures the physical integrity and original prove-
nance 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 of-
fices to follow when transmitting copies of 
COINTELPRO records to the Archivist (to in-
clude required metadata) under subsection (d). 
(2) CONTENTS OF COLLECTION.—The Collec-
tion shall include— 
(A) a copy of each COINTELPRO record 
transmitted to the Archivist under subsection 
(d); 
(B) any COINTELPRO record fully dis-
closed to the public before the date of the en-
actment of the Act; and 
(C) all Review Board records, as required 
under this Act transmitted under section 
4(l)(3). 
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(b) DISCLOSURE OF RECORDS.—All COINTELPRO 
records transmitted to the Archivist— 
(1) not later than 60 days after the trans-
mission of the record to the Archivist, shall be avail-
able 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 proce-
dures and guidelines for determining when such fees 
should be waived. 
(d) TRANSMISSION TO THE NATIONAL ARCHIVES.— 
Each Government office shall, in accordance with the cri-
teria 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 enact-
ment 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 ac-
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cordance 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 Govern-
ment 
Office 
to 
partially 
disclose 
a 
COINTELPRO record in accordance with sec-
tion 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 dis-
closed in accordance with section 2(c); or 
(ii) fully disclosed in accordance with 
section 2(a). 
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(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 subpara-
graph (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 ap-
pointments to the Review Board, the President 
may consider any individuals recommended by 
the American Historical Association, the Orga-
nization of American Historians, the Society of 
American Archivists, and the American Bar As-
sociation. 
(C) EXTENSION.—If an organization de-
scribed in subparagraph (B) does not rec-
ommend at least 2 nominees meeting the quali-
fications stated in paragraph (3) within 60 days 
after the date of the enactment of this Act, the 
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deadline under subparagraph (A) shall be ex-
tended 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 organiza-
tion described in subparagraph (B) submit ad-
ditional recommended nominees. 
(3) QUALIFICATIONS.—Individuals nominated 
to the Review Board shall— 
(A) not have had any previous involvement 
with any official investigation or inquiry con-
ducted 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 respec-
tive 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 pub-
lic disclosure of files related to COINTELPRO 
and who possess an appreciation of the value of 
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such material to the public, scholars, and gov-
ernment; 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 inef-
ficiency, 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.— 
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(A) IN GENERAL.—If a member of the Re-
view Board is removed from office, and that re-
moval is by the President, not later than 10 
days after the removal, the President shall sub-
mit to the Committee on Oversight and Reform 
of the House of Representatives and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate a report specifying 
the facts found and the grounds for the re-
moval. 
(B) PUBLICATION.—The President shall 
publish in the Federal Register a report sub-
mitted 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 pub-
lishing any or all of the report until the comple-
tion of such pending cases or pursuant to pri-
vacy protection requirements in law. 
(3) JUDICIAL REVIEW.— 
(A) IN GENERAL.—A member of the Re-
view Board removed from office may obtain ju-
dicial review of the removal in a civil action 
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commenced in the United States District Court 
for the District of Columbia. 
(B) RELIEF.—The member may be rein-
stated 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 pre-
scribed 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 Re-
view Board shall be allowed reasonable travel ex-
penses, 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 Re-
view Board. 
(i) POWERS.— 
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(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 in-
formation, records, or testimony from individ-
uals, which the Review Board has reason to be-
lieve is required to fulfill its functions and re-
sponsibilities 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 ac-
count in writing for the destruction of any 
records relating to COINTELPRO; 
(D) receive information from the public re-
garding the identification and public disclosure 
of COINTELPRO records; and 
(E) hold hearings and administer oaths. 
(2) ENFORCEMENT OF SUBPOENAS.—The Re-
view Board may bring a civil action in a district 
court of the United States to enforce a subpoena 
issued under paragraph (1)(B). 
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(j) WITNESS IMMUNITY.—The Review Board shall be 
considered to be an agency of the United States for pur-
poses of chapter 601 of title 18, United States Code. 
(k) SUPPORT SERVICES.—The Administrator of Gen-
eral Services shall provide administrative services for the 
Review Board on a reimbursable basis. 
(l) TERMINATION.— 
(1) IN GENERAL.—The Review Board shall ter-
minate not later than 4 years after the date of en-
actment of this Act, except that the Review Board 
may, by majority vote, extend its term for an addi-
tional 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 Re-
view Board shall— 
(A) submit a report to the President and 
the Congress on the activities conducted by the 
Board, including a complete and accurate ac-
counting of expenditures during its existence; 
and 
(B) complete all other reporting require-
ments under this Act. 
(3) TRANSFER OF RECORDS.— 
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(A) IN GENERAL.—Upon termination, the 
Review Board shall transfer all records created 
by or in the possession of the Board to the Ar-
chivist for inclusion in the Collection. 
(B) PRESERVATION
OF
RECORDS.—The 
records of the Review Board shall not be de-
stroyed, except that the Archivist may destroy 
routine administrative records covered by a gen-
eral records schedule following notification in 
the Federal Register and after considering com-
ments. 
SEC. 5. COINTELPRO RECORDS REVIEW BOARD PER-
SONNEL. 
(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 distin-
guished professional; and 
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(B) shall have had no previous involvement 
with any official investigation or inquiry relat-
ing to COINTELPRO. 
(3) CANDIDATE
TO
HAVE
CLEARANCES.—A 
candidate for Chief of Staff may be granted the nec-
essary security clearances in an accelerated manner 
subject to the standard procedures for granting such 
clearances. 
(4) APPROVAL CONTINGENT ON PRIOR CLEAR-
ANCE.—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 Govern-
ment 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 deter-
mine 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 
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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 nec-
essary to enable the Review Board and its Chief of 
Staff to perform their duties. Any employee ap-
pointed under this paragraph shall be in the ex-
cepted 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 relat-
ing to COINTELPRO. 
(3) NOMINATIONS.—Before making an appoint-
ment pursuant to paragraph (1), the Review Board 
shall consider individuals recommended by the 
American Historical Association, the Organization of 
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American Historians, the Society of American Archi-
vists, 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 Execu-
tive 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 RE-
VIEW 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 
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(2) such transfer is necessary for an adminis-
trative hearing or other official Review Board func-
tion. 
(b) RECOMMENDATION OF THE REVIEW BOARD.— 
(1) IN GENERAL.—In reviewing a record in ac-
cordance 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 
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for disclosure under this Act, which of the fol-
lowing alternative forms of disclosure shall be 
made by the Government office: 
(i) Any reasonably segregable par-
ticular information in a COINTELPRO 
record. 
(ii) A substitute record for that infor-
mation which is postponed. 
(3) 
REPORT.—With 
respect 
to 
a 
COINTELPRO record, or particular information 
within a record, for which only substitutions or sum-
maries have been disclosed to the public, the Review 
Board shall transmit to the Archivist a report con-
taining— 
(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 deci-
sions reflected therein, designating a rec-
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