[Congressional Record Volume 143, Number 140 (Thursday, October 9, 1997)]
[Extensions of Remarks]
[Pages E1983-E1985]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      INTRODUCTION OF H.R. 2635--THE HUMAN RIGHTS INFORMATION ACT

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                       Thursday, October 9, 1997

  Mr. LANTOS. Mr. Speaker, yesterday with a number of our distinguished 
colleagues in the House, I introduced H.R. 2635, the Human Rights 
Information Act. Joining me to introduce this bill were my colleagues 
Constance Morella of Maryland, James McGovern of Massachusetts, 
Elizabeth Furse of Oregon, John Lewis of Georgia, James Oberstar of 
Minnesota, Martin Sabo also of Minnesota, Jose Serrano of New York, 
Bernie Sanders of Vermont, and Martin Meehan of Massachusetts. Our 
legislation is a companion bill to S. 1220, which Senator Christopher 
Dodd of Connecticut introduced in the Senate with a number of his 
distinguished colleagues in that House.
  Our legislation will dramatically improve the current 
declassification procedures of human rights documents pertaining to 
gross human rights violations in Guatemala and Honduras. This important 
bill strikes an appropriate balance between the need for speedy and 
comprehensive declassification and the need to protect legitimate U.S. 
national security interests. It will be of invaluable assistance to the 
work of my good friend, Dr. Leo Valladares, the Honduran Human Rights 
commissioner, who came to testify before the Congressional Human Rights 
Caucus, which I cochair with Congressman John Edward Porter. It also 
will support the work of the Guatemalan Clarification Commission, as 
well as the people of Guatemala and Honduras in general. Only full 
consideration and investigation of human rights abuses in these two 
countries can achieve the full accountability needed to rebuild a 
peaceful and reconciled civil society in those areas.
  The Government of Guatemala and the rebels, the Guatemalan National 
Revolutionary Unity [URNG], formally ended their hostilities at the end 
of 1996. But peace cannot exist without truth, a principle which these 
parties recognized in agreeing to establish a truth commission--The 
Commission for the Historical Clarification of Human Rights Violations 
and Acts of Violence which have Caused Suffering to the Guatemalan 
People. Given this monumental task, the commission has only a very 
short period to accomplish its important work. The commission's work by 
law is to take only 6 months, but that time limit can be extended for 
another 6 months. The clock began ticking when the work of the 
commission formally began on July 31, 1997. Therefore swift and 
comprehensive declassification of all relevant United States agency 
documents is critical to the success for peace and democracy in 
Guatemala.
  The same applies to Honduras. In 1979, the first disappearance took 
place in Honduras and dozens of others followed, along with

[[Page E1984]]

extrajudicial killings. This nightmare followed the implementation of 
the Honduran military's National Security Doctrine which embarked on a 
deliberate policy of eliminating people suspected of having links with 
insurgencies in Honduras and El Salvador or with the Sandinistas in 
Nicaragua. In May 1992, a law created the National Commissioner for the 
Protection of Human Rights and in November appointed Leo Valladares 
Lanza to lead this work. By December 1993, the Commissioner had 
published a report entitled ``The Facts Speak for Themselves'' 
detailing the disappearance of close to 200 persons since 1980.
  Before Dr. Valladares concluded his preliminary report, he asked the 
U.S. Government for files and information. With a number of members of 
the Congressional Human Rights Caucus, I have supported the requests 
made by Dr. Valladares in several letters to the President and to other 
administration officials. Despite a Presidential Executive order, 
declassification of relevant documents has been very narrowly focused 
and extremely slow. Thus far, the State Department has responded by 
releasing 3,000 pages of documents, while other agencies fell 
dramatically short in their efforts to comply with Dr. Valladares' 
requests.
  Mr. Speaker, The Human Rights Information Act will make a number of 
important changes in the law that will assure prompt and complete 
declassification of important human rights documents, while at the same 
time fully respecting and protecting our legitimate national security 
concerns. The legislation requires Government agencies to review human 
rights records within 120 days after inquiries by the Honduran Human 
Rights Commissioner or the Guatemalan Clarification Commission and 
ensure the release 30 days thereafter. The legislation also applies to 
requests from appropriate human rights organizations in other Latin 
American or Caribbean countries requesting information relating to 
human rights abuses in their countries. The legislation will ensure 
that an interagency appeals panel reviews agencies' decisions to 
withhold information, and it provides that two outside human rights 
specialists suggested by human rights NGO's and appointed by the 
President will be members of this appeals panel. The declassification 
standards in this legislation follow the same standards as the Congress 
has already enacted in the John F. Kennedy Assassination Records Act.
  Yesterday, Mr. Speaker, at a press conference on the steps of the 
U.S. Capitol, I publicly announced the introduction of this 
legislation. Joining me on this occasion--in addition to our colleagues 
Elizabeth Furse and James McGovern--were a number of outstanding 
leaders in the struggle for human rights in Central America. They 
included:
  Jennifer Harbury, U.S. attorney, author, and wife of disappeared 
Guatemalan Guerrilla commander Efrain Bamaca Velasquez; founding member 
of Coalition ``Missing.'' Ms. Harbury, who now lives in Texas, came to 
Washington yesterday especially for this event.
  Sister Dianna Ortiz, OSU, an Ursuline nun subjected to horrifying 
torture in 1989 following her abduction. She is a human rights activist 
and founding member of Coalition ``Missing.''
  Calixto Torres, a Guatemalan community worker who was forced to flee 
because of his work. He has been granted political asylum and currently 
works with Guatemala Partners and the Latin American Youth Center.
  Meredith Larson, a human rights worker attacked by knife-wielding 
assailants in 1989, is a founding member of Coalition ``Missing.'' She 
is a resident of the beautiful city of San Francisco and came to 
Washington especially for this event.
  Oscar Reyes, editor of Washington metro Hispanic newspaper ``El 
Pregonero'' who himself is a victim of torture in Honduras.
  Eileen Connolly, sister of Father Carney who disappeared in Honduras 
in 1983, and her husband.
  Mr. Speaker, I ask that the text of H.R. 2635 be placed in the Record 
at this point. I urge my colleagues to join me as a cosponsor of this 
important legislation.

                               H.R. 2635

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Human Rights Information 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Agencies of the Government of the United States have 
     information on human rights violations in Guatemala and 
     Honduras.
       (2) Members of both Houses of Congress have repeatedly 
     asked the Administration for information on Guatemalan and 
     Honduran human rights cases.
       (3) The Guatemalan peace accords, which the Government of 
     the United States firmly supports, has as an important and 
     vital component the establishment of the Commission for the 
     Historical Clarification of Human Rights Violations and Acts 
     of Violence which have Caused Suffering to the Guatemalan 
     People (referred to in this Act as the ``Clarification 
     Commission''). The Clarification Commission will investigate 
     cases of human rights violations and abuses by both parties 
     to the civil conflict in Guatemala and will need all 
     available information to fulfill its mandate.
       (4) The National Commissioner for the Protection of Human 
     Rights in the Republic of Honduras has been requesting United 
     States Government documentation on human rights violations in 
     Honduras since November 15, 1993. The Commissioner's request 
     has been partly fulfilled, but is still pending. The request 
     has been supported by national and international human rights 
     nongovernmental organizations as well as members of both 
     Houses of Congress.
       (5) Victims and survivors of human rights violations, 
     including United States citizens and their relatives, have 
     also been requesting the information referred to in 
     paragraphs (3) and (4). Survivors and the relatives of 
     victims have a right to know what happened. The requests have 
     been supported by national and international human rights 
     nongovernmental organizations as well as members of both 
     Houses of Congress.
       (6) The United States should make the information it has on 
     human rights abuses available to the public as part of the 
     United States commitment to democracy in Central America.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Human rights record.--The term ``human rights record'' 
     means a record in the possession, custody, or control of the 
     United States Government containing information about gross 
     human rights violations committed after 1944.
       (2) Agency.--The term ``agency'' means any agency of the 
     United States Government charged with the conduct of foreign 
     policy or foreign intelligence, including the Department of 
     State, the Agency for International Development, the 
     Department of Defense (and all of its components), the 
     Central Intelligence Agency, the National Reconnaissance 
     Office, the Department of Justice (and all of its 
     components), the National Security Council, and the Executive 
     Office of the President.

     SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF 
                   HUMAN RIGHTS RECORDS REGARDING GUATEMALA AND 
                   HONDURAS.

       (a) In General.--Notwithstanding any other provision of 
     law, the provision of this Act shall govern the 
     declassification and public disclosure of human rights 
     records by agencies.
       (b) Identification of Records.--Not later than 120 days 
     after the date of enactment of this Act, each agency shall 
     identify, review, and organize all human rights records 
     regarding activities occurring in Guatemala and Honduras 
     after 1944 for the purpose of declassifying and disclosing 
     the records to the public. Except as provided in section 5, 
     all records described in the preceding sentence shall be made 
     available to the public not later than 30 days after a review 
     under this section is completed.
       (c) Report to Congress.--Not later than 150 days after the 
     date of enactment of this Act, the President shall report to 
     Congress regarding each agency's compliance with the 
     provisions of this Act.

     SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF 
                   RECORDS.

       (a) In General.--An agency may postpone public disclosure 
     of a human rights record or particular information in a human 
     rights record only if the agency determines that there is 
     clear and convincing evidence that--
       (1) the threat to the military defense, intelligence 
     operations, or conduct of foreign relations of the United 
     States raised by public disclosure of the human rights record 
     is of such gravity that it outweighs the public interest, and 
     such public disclosure would reveal--
       (A) an intelligence agent whose identity currently requires 
     protection;
       (B) an intelligence source or method--
       (i) which is being utilized, or reasonably expected to be 
     utilized, by the United States Government;
       (ii) which has not been officially disclosed; and
       (iii) the disclosure of which would interfere with the 
     conduct of intelligence activities; or
       (C) any other matter currently relating to the military 
     defense, intelligence operations, or conduct of foreign 
     relations of the United States, the disclosure of which would 
     demonstrably impair the national security of the United 
     States;
       (2) the public disclosure of the human rights record would 
     reveal the name or identity of a living individual who 
     provided confidential information to the United States and 
     would pose a substantial risk of harm to that individual;
       (3) the public disclosure of the human rights record could 
     reasonably be expected to constitute an unwarranted invasion 
     of personal privacy, and that invasion of privacy is so 
     substantial that it outweighs the public interest; or
       (4) the public disclosure of the human rights record would 
     compromise the existence of an understanding of 
     confidentiality currently requiring protection between a 
     Government agent and a cooperating individual or a foreign 
     government, and public disclosure would be so harmful that it 
     outweighs the public interest.
       (b) Special Treatment of Certain Information.--It shall not 
     be grounds for postponement of disclosure of a human rights

[[Page E1985]]

     record that an individual named in the human rights record 
     was an intelligence asset of the United States Government, 
     although the existence of such relationship may be withheld 
     if the criteria set forth in subsection (a) are met. For 
     purposes of the preceding sentence, the term an 
     ``intelligence asset'' means a covert agent as defined in 
     section 606(4) of the National Security Act of 1947 (50 
     U.S.C. 426(4)).

     SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL 
                   ENTITIES IN OTHER LATIN AMERICAN CARIBBEAN 
                   COUNTRIES.

       In the event that an agency of the United States receives a 
     request for human rights records from an entity created by 
     the United Nations or the Organization of American States 
     similar to the Guatemalan Clarification Commission, or from 
     the principal justice or human rights official of a Latin 
     American or Caribbean country who is investigating a pattern 
     of gross human rights violations, the agency shall conduct a 
     review of records as described in section 4 and shall 
     declassify and publicly disclose such records in accordance 
     with the standards and procedures set forth in this Act.

     SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.

       (a) Duties of the Appeals Panel.--The Interagency Security 
     Classification Appeals Panel (referred to in this Act as the 
     ``Appeals Panel''), established under Executive Order No. 
     12958, shall review determinations by an agency to postpone 
     public disclosure of any human rights record.
       (b) Determinations of the Appeals Panel.--
       (1) In general.--The Appeals Panel shall direct that all 
     human rights records be disclosed to the public, unless the 
     Appeals Panel determines that there is clear and convincing 
     evidence that--
       (A) the record is not a human rights record; or
       (B) the human rights record or particular information in 
     the human rights record qualifies for postponement of 
     disclosure pursuant to section 5.
       (2) Treatment in cases of nondisclosure.--If the Appeals 
     Panel concurs with an agency decision to postpone disclosure 
     of a human rights record, the Appeals Panel shall determine, 
     in consultation with the originating agency and consistent 
     with the standards set forth in this Act, which, if any, of 
     the alternative forms of disclosure described in paragraph 
     (3) shall be made by the agency.
       (3) Alternative forms of disclosure.--The forms of 
     disclosure described in this paragraph are as follows:
       (A) Disclosure of any reasonably segregable portion of the 
     human rights record after deletion of the portions described 
     in paragraph (1).
       (B) Disclosure of a record that is a substitute for 
     information which is not disclosed.
       (C) Disclosure of a summary of the information contained in 
     the human rights record.
       (4) Notification of determination.--
       (A) In general.--Upon completion of its review, the Appeals 
     Panel shall notify the head of the agency in control or 
     possession of the human rights record that was the subject of 
     the review of its determination and shall, not later than 14 
     days after the determination, publish the determination in 
     the Federal Register.
       (B) Notice to president.--The Appeals Panel shall notify 
     the President of its determination. The notice shall contain 
     a written unclassified justification for its determination, 
     including an explanation of the application of the standards 
     contained in section 5.
       (5) General procedures.--The Appeals Panel shall publish in 
     the Federal Register guidelines regarding its policy and 
     procedures for adjudicating appeals.
       (c) Presidential Authority Over Appeals Panel 
     Determination.--
       (1) Public disclosure or postponement of disclosure.--The 
     President shall have the sole and nondelegable authority to 
     review any determination of the Appeals Board under this Act, 
     and such review shall be based on the standards set forth in 
     section 5. Not later than 30 days after the Appeals Panel's 
     determination and notification to the agency pursuant to 
     subsection (b)(4), the President shall provide the Appeals 
     Panel with an unclassified written certification specifying 
     the President's decision and stating the reasons for the 
     decision, including in the case of a determination to 
     postpone disclosure, the standards set forth in section 5 
     which are the basis for the President's determination.
       (2) Record of presidential postponement.--The Appeals Panel 
     shall, upon receipt of the President's determination, publish 
     in the Federal Register a copy of any unclassified written 
     certification, statement, and other materials transmitted by 
     or on behalf of the President with regard to the postponement 
     of disclosure of a human rights record.

     SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.

       Upon completion of the review and disclosure of the human 
     rights records relating to Guatemala and Honduras, the 
     Information Security Policy Advisory Council, established 
     pursuant to Executive Order No. 12958, shall report to 
     Congress on the desirability and feasibility of 
     declassification of human rights records relating to other 
     countries in Latin America and the Caribbean. The report 
     shall be available to the public.

     SEC. 9. RULES OF CONSTRUCTION.

       (a) Freedom of Information Act.--Nothing in this Act shall 
     be construed to limit any right to file a request with any 
     executive agency or seek judicial review of a decision 
     pursuant to section 552 of title 5, United States Code.
       (b) 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.

     SEC. 10. CREATION OF POSITIONS.

       For purposes of carrying out the provisions of this Act, 
     there shall be 2 additional positions in the Appeals Panel. 
     The positions shall be filled by the President, based on the 
     recommendations of the American Historical Association, the 
     Latin American Studies Association, Human Rights Watch, and 
     Amnesty International, USA.

     

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