from the Congressional Record: October 9, 1997
Page E1983-E1985
INTRODUCTION OF H.R. 2635--THE HUMAN RIGHTS INFORMATION ACT
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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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