COINTELPRO Full Disclosure Act
Bill: H.R.2998 | Sponsor: Rep. Rush, Bobby L. (D-IL)
Policy area: Government Operations and Politics

Summary:
COINTELPRO Full Disclosure Act
This bill requires the U.S. government to release and publicly disclose, within six months, all records related to the COINTELPRO operation of the Federal Bureau of Investigation (FBI) unless disclosure would cause harm. COINTELPRO was a series of covert and illegal projects aimed at surveilling, infiltrating, discrediting, and disrupting domestic political organizations, including the Black Panther Party.
The bill requires the removal of J. Edgar Hoover's name from the FBI headquarters in the District of Columbia.
The bill establishes the COINTELPRO Records Review Board to review determinations by government offices that do not fully disclose their records after six months. The review board shall make recommendations to the President regarding whether files that have been only partially disclosed should be fully released.
The review board may request the Department of Justice to petition any U.S. court to release any information relevant to COINTELPRO that is held under court seal.

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.
                                 <all>