COINTELPRO Full Disclosure Act
Sponsored By: Representative Lee, Summer L. [D-PA-12]
Introduced
Summary
This bill would create a formal public-disclosure system for COINTELPRO records, centered on a new National Archives Collection and an independent COINTELPRO Records Review Board. It aims to make records searchable, prioritize digitization, and set clear rules for when material can be withheld for narrowly defined harms.
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- Victims and families would receive notice shortly before relevant records are disclosed, and the bill defines "public interest" to prioritize disclosure of civil rights cold-case materials.
- Researchers and the public would get a centralized COINTELPRO Records Collection at the National Archives. The Archivist would publish a subject guide, prioritize digitization, permit searchable electronic records, and allow copying with fee waivers.
- Federal offices and officials would face new deadlines and oversight. Offices would be required to disclose records within six months subject to narrow exceptions and to transmit electronic, searchable records to the Archivist within two years. The independent five-member Review Board would review withholding decisions, issue subpoenas, hold hearings, and publish postponement reports.
*Funding would need to be appropriated by Congress. Until then the President would be directed to use available discretionary funds to carry out the bill.*
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
25-Year Deadline and Narrow Exemptions
If enacted, any COINTELPRO record not fully disclosed by the Review Board's end would have to be placed in the Collection within 25 years after enactment. An agency head can recommend a later date only by a written justification showing the same enumerated harms and by proposing a future disclosure date or condition, and that recommendation must be sent at least 180 days before the 25‑year date. The Archivist must concur to stop automatic disclosure, and top officials (for example, the President, Chief Justice, or congressional leaders) may override the Archivist with required notice 90 days before the 25‑year date.
Independent COINTELPRO Review Board
If enacted, this bill would create a five-member COINTELPRO Records Review Board. The President would appoint members and the Senate would confirm them, with initial appointments due within 60 days. Board members could issue subpoenas, enforce them in federal court, request sealed or grand-jury materials (the Attorney General must respond within 45 days), and must report spending and send records to the Archivist before the Board ends. The Board would terminate after 4 years, with a possible one-year extension.
National COINTELPRO Records Collection
If enacted, the Archivist at the National Archives would create a COINTELPRO Records Collection within 60 days. Agencies would have to send electronic, searchable copies of relevant records to the Archivist within two years, and records sent must be available for public inspection and copying within 60 days of arrival. The Archivist would publish a subject guide, prioritize digitization, and could charge copying fees while adopting fee‑waiver rules consistent with existing FOIA standards.
Public Disclosure Rules and Privacy Limits
If enacted, heads of government offices would have to fully disclose COINTELPRO records to the public within six months, unless disclosure would clearly and demonstrably cause specific harms. The bill defines those harms (for example, serious national security damage, naming a living confidential informant, unwarranted invasions of personal privacy, threats to life, interference with ongoing law enforcement, or protected juvenile records). If full release would cause harm, offices must still provide any safe parts, a substitute record, or a summary, and they must try to give victims or next of kin the record at least seven days before public release. The bill says its disclosure rules override most other laws but preserves tax secrecy rules and protections for clearly unwarranted invasions of personal privacy, and it preserves FOIA rights and judicial review.
Interim Funding to Start Work
If enacted, the President would use available discretionary funds to start carrying out the bill until Congress provides specific appropriations. This would let agencies begin building the Collection and supporting the Review Board sooner. It does not create a permanent new spending amount and Congress must still appropriate money for long‑term funding.
Sponsors & CoSponsors
Sponsor
Lee, Summer L. [D-PA-12]
PA • D
Cosponsors
Jackson (IL)
IL • D
Sponsored 1/22/2026
Rep. Tlaib, Rashida [D-MI-12]
MI • D
Sponsored 2/3/2026
Rep. Luna, Anna Paulina [R-FL-13]
FL • R
Sponsored 5/4/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov