COINTELPRO Full Disclosure Act
- Bill Number
- H.R. 7220
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2026-01-22: Referred to the Committee on Oversight and Government 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.
- Last Updated
- 2026-05-05T08:06:06Z
AI-Generated Summary
Purpose
The COINTELPRO Full Disclosure Act aims to promote transparency by requiring the public release of records related to COINTELPRO, a covert FBI program from 1956 that involved illegal surveillance, infiltration, discrediting, and disruption of domestic political groups, such as civil rights organizations and advocacy groups. It establishes a centralized collection of these records at the National Archives and creates an independent review board to oversee disclosures, balancing public interest in historical accountability with protections for national security and privacy.
Key Provisions
- Public Disclosure Requirements (Sec. 2): Federal government offices must fully disclose COINTELPRO records within 6 months of enactment, unless disclosure would cause identifiable harm (e.g., damage to national security, privacy invasion, or risk to individuals). Partial disclosures, such as redacted versions or summaries, are required where possible. Records not disclosed go to the Review Board for review. Full disclosure is mandated 25 years after enactment unless high-level officials recommend exemptions (e.g., for ongoing intelligence needs), subject to Archivist approval and potential overrides by the President or congressional leaders. Victims or their families receive advance notice before release.
- COINTELPRO Records Collection (Sec. 3): The Archivist of the United States must create a dedicated collection at the National Archives within 60 days, including all transmittable records, indexes, and digitized copies for public access. Government offices must submit electronic copies within 2 years. Fees may apply for copying, with waivers possible under Freedom of Information Act standards.
- COINTELPRO Records Review Board (Sec. 4): An independent five-member board is established in the executive branch, appointed by the President with Senate confirmation. Members must be experts (e.g., historians, attorneys) without prior involvement in COINTELPRO investigations. The board reviews withholding decisions, recommends disclosures to the President for executive records, issues subpoenas, holds hearings, and reports annually. It terminates after 4 years (extendable by 1 year) and transfers records to the Archives.
- Board Personnel and Operations (Secs. 5-6): The board appoints a chief of staff and staff with security clearances, compensated at executive pay levels. The board directs full disclosure unless clear evidence shows harm, prioritizes partial releases, and publishes decisions and progress reports. It notifies the public of postponements via a website.
- Additional Disclosures and Cooperation (Sec. 7): The board can request unsealing of court-sealed or grand jury materials related to COINTELPRO, with the Attorney General responding within 45 days. Congress encourages full agency cooperation.
- Rules, Funding, and Miscellaneous (Secs. 8-12): The act overrides most secrecy laws (except tax records and certain privacy protections) but preserves Freedom of Information Act rights and judicial review. It redesignates the J. Edgar Hoover Building as the FBI Federal Building. Funding comes from discretionary presidential funds until Congress appropriates more. Definitions cover terms like "COINTELPRO record" (any federal or supporting state/local document related to the program).
Significant Changes to Existing Law
- Overrides classification rules under Executive Order 13526 and other secrecy doctrines, mandating automatic declassification after 25 years for non-exempt records, similar to the JFK Assassination Records Collection Act but tailored to COINTELPRO.
- Creates new exceptions to privacy laws (e.g., under 5 U.S.C. § 552a) for historical disclosures while requiring harm assessments.
- Establishes precedence for transmission to the National Archives over prior retention policies, with mandatory electronic submission and public access timelines not previously required for these records.
- Introduces an independent review board with subpoena power, filling a gap in oversight for historical intelligence abuses.
Potential Impacts
- Government Agencies: Agencies like the FBI, DOJ, and National Archives face increased administrative burdens for reviewing, redacting, and transmitting thousands of records, potentially straining resources. It may expose past operational details, affecting internal morale or future intelligence practices, but promotes accountability without impacting current operations.
- Citizens: Enhances public access to historical government surveillance records, aiding researchers, journalists, and affected communities (e.g., civil rights descendants) in understanding past abuses. Victims' families get prior notice, reducing surprise but possibly causing emotional distress.
- International Relations: Minimal direct impact, as COINTELPRO focused on domestic groups; however, disclosures could indirectly affect U.S. credibility on human rights if revealing foreign-linked surveillance.
Main Stakeholders Affected
- Federal Government Entities: FBI (primary originator), other executive agencies, National Archives, and congressional offices holding records; they must comply with disclosures and reviews.
- Review Board and Personnel: Appointed experts, historians, attorneys, and staff who oversee the process.
- Public and Scholars: Historians, researchers, advocacy groups, and general citizens seeking transparency on government history.
- Victims and Families: Individuals or descendants targeted by COINTELPRO, who receive notice and may gain closure or pursue related claims.
- Professional Organizations: Groups like the American Historical Association and American Bar Association, which recommend nominees.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens transparency laws by prioritizing public interest in historical records over indefinite secrecy, while allowing judicial review of board actions and agency decisions under the Administrative Procedure Act. It deems COINTELPRO-related grand jury requests as meeting "particularized need" standards, easing access to sealed materials.
- Constitutional: Balances First Amendment interests in an informed public against potential national security concerns (e.g., under Article II executive powers), with overrides by elected officials ensuring checks and balances. Privacy rights (Fourth and Fifth Amendments) are protected via harm exceptions, avoiding unwarranted invasions.
- Political: Encourages accountability for mid-20th-century government overreach, potentially influencing debates on surveillance reforms (e.g., post-9/11 programs). Bipartisan introduction signals cross-aisle support for historical reckoning, but exemptions could spark controversy over selective secrecy. The building redesignation symbolically distances the FBI from its controversial former director.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (3)
Rep. Jackson, Jonathan L. [D-IL-1], Rep. Tlaib, Rashida [D-MI-12], Rep. Luna, Anna Paulina [R-FL-13]
Recent Actions
- 2026-01-22: Referred to the Committee on Oversight and Government 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.
- 2026-01-22: Referred to the Committee on Oversight and Government 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.
- 2026-01-22: Introduced in House
- 2026-01-22: Introduced in House
Bill Versions
- COINTELPRO Full Disclosure Act — issued 2026-01-22 — PDF (35 pages)