from the Congressional Record: October 9, 1997
Page E1983-E1985


      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.
                          ____________________