Mr. DODD (for himself, Mr. Bingaman, Mr. Bumpers, and Mrs. Murray): S. 1220。为在危地马拉和洪都拉斯境内某些侵犯人权的文件提供快速解密程序的法案;提交给政府事务委员会。人权信息法案多德先生。主席先生，今天，我要介绍《人权信息法》——这项立法旨在帮助解密某些涉及危地马拉和洪都拉斯过去侵犯人权行为的美国文件。该法案将确保美国所有相关政府机构迅速解密有关侵犯人权的信息，同时提供充分的保护以保障美国的国家安全利益。及时解密相关材料将大大有助于危地马拉和洪都拉斯人民，他们目前正面临过去的侵犯人权行为，这是加强这些国家民主机构，特别是司法机构的持续努力的一部分。这项法案将确保在保护国家安全的必要范围内迅速、彻底地解密。它将要求政府机构在120天内审查与洪都拉斯人权专员和危地马拉澄清委员会的调查有关的所有人权记录，以便解密。一个跨机构上诉小组将审查机构拒绝提供信息的决定。该法案遵循国会在《肯尼迪刺杀记录法》中已经颁布的解密标准，但比该法简单得多，成本也低得多。洪都拉斯人权专员利奥·瓦拉达雷斯已经向美国提出请求[[第S9971页]]政府要求提供有关洪都拉斯侵犯人权行为的任何相关文件，特别是据称由洪都拉斯第3-16营实施的侵犯人权行为，这些行为在20世纪80年代初造成184多起杀戮或失踪。危地马拉澄清委员会是根据1996年12月的《和平协定》设立的，目的是建立三十多年内战期间大规模侵犯人权行为的历史记录，预计不久将向美国提出类似要求，要求提供有关这一时期的相关文件。美国政府适当地向澄清委员会提供财政援助。美国还应通过提供相关解密文件，支持委员会结束有罪不罚现象的重要工作。虽然克林顿政府确实已经通过行政命令解密了一些与洪都拉斯和危地马拉有关的文件，但此类解密的重点非常狭窄。此外，尽管国会多次致函要求立即采取行动，但政府对洪都拉斯人权专员瓦拉达雷斯（Valladares）1993年首次提出的长期请求的反应缓慢且片面。此外，尽管政府正式同意遵守洪都拉斯的要求，但迄今为止公布的许多文件都被大量删减，几乎没有实质性信息。美国国务院已经翻了3000多页，但其他机构却不那么主动。例如，中央情报局发布了36份关于卡尼神父的文件，卡尼神父是一名在洪都拉斯被杀害的美国牧师，97份文件涉及其他5起关键人权案件。大多数都是被大量消费的。国防部已经发布了34份经过大量删减的文件，但几乎没有任何与3-16营的活动有关的文件。政府还应公众要求解密了大量有关危地马拉的文件。然而，这些报告的重点是危地马拉针对美国人的大约30起侵犯人权案件。危地马拉人类学家米尔娜·麦克（Myrna Mack）和游击队领袖埃夫兰·巴马卡（Efrain Bamaca），美国律师詹妮弗·哈伯里（Jennifer Harbury）的丈夫的案件是例外。今年5月，中央情报局还发布了一批重要文件，涉及其1954年在危地马拉的秘密行动。然而，澄清委员会可能感兴趣的数千份关于侵犯人权行为的文件仍然保密。许多已经解密的文件都经过了大量删减，而且，与洪都拉斯的案件一样，情报和国防机构也没有国务院那么主动。主席先生，我希望我的同事能和我一起投票支持《人权信息法》。这将发出一个非常有力的信号，表明支持在整个半球加强民主和法治的努力。它还将极大地帮助拉丁美洲人，他们目前正勇敢地努力揭示他们最近过去的黑暗时期，以便他们能够防止今后发生这种令人发指的虐待行为。主席先生，我要求全体议员同意将条例草案的文本印在纪录内。在没有人反对的情况下，该法案被下令记录在案，内容如下：第1220条，由美利坚合众国参众两院在国会通过，第1节。简称。该法可引称为《人权信息法》。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 record that an individual named in the [[Page S9972]] 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. ______