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SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

The Congress finds the following:
(1) The commitment to the promotion and protection of human
rights, democracy, and the rule of law around the world has led
the United States to undertake tremendous diplomatic, economic,
and military efforts to end systematic gross human rights
violations abroad, consistent with the national interests and
international leadership role of the United States. Such
efforts are thwarted if the cycle of impunity for human rights
violations in countries other than the United States is not
broken, and the likelihood of the need for renewed United
States engagements in those countries remains.
(2) The United States has a significant interest that newly
established or reestablished democratic societies take credible
steps to fully investigate and prosecute human rights
violations. Such steps could include the creation of a national
or international truth commission or tribunal, the appointment
of a human rights officer, or the leading of official national
investigations by credible sections of the civil society,
including religious institutions and nongovernmental
organizations.
(3) Executive agencies are in possession of documents
pertaining to gross human rights violations abroad that are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(4) The overwhelming importance to the United States of
investigations by foreign authorities of gross human rights
violations and the urgency of requests for legal assistance
which the United States will continue to receive from foreign
entities require a systematic process of expedited
declassification and disclosure of documents pertaining to such
gross human rights violations.
(5) After a 36-year history of being open to foreign
requesters, the Freedom of Information Act (section 552 of
title 5, United States Code) was amended in the 107th Congress
by the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306) to prohibit agencies within the
intelligence community from making records available to foreign
entities or their representatives.
(6) Only an expedited systematic process can help ensure
timely investigations of perpetrators of gross and systematic
human rights violations and provide families with urgently
needed information regarding the fate of relatives, including
information making possible the location, identification, and
burial of the remains of family members who have been killed,
helping to bring closure for those families and beginning the
process of national reconciliation.

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
violations of internationally recognized human rights committed
in a country other than the United States, except that such
term does not include any record submitted to or compiled by
the Immigration and Naturalization Service or its successors
(including the Bureau of Border Security and the Bureau of
Citizenship and Immigration Services).
(2) Agency.--The term ''agency'' means the National
Archives and Records Administration (and all the Presidential
libraries it maintains), the National Security Council, the
Office of National Drug Control Policy, and any executive
agency of the United States Government charged with the conduct
of foreign policy or foreign intelligence, including, but not
limited to, the Department of State, the Department of Justice, the
Department of Defense, the Central Intelligence Agency, the Agency for
International Development, and the National Reconnaissance Office,
except that such term does not include the Immigration and
Naturalization Service or its successors (including the Bureau of
Border Security and the Bureau of Citizenship and Immigration
Services).
(3) Appeals panel.--The term ''Appeals Panel'' means the
Interagency Security Classification Appeals Panel created by
Executive Order number 12958 (or any successor entity or review
procedure).
(4) Gross violations of internationally recognized human
rights.--The term ''gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
(5) International bona fide request.--The term
''international bona fide request'' means a request for a human
rights record from an individual or entity (such as an entity
created by the United Nations, a regional international
organization, a national truth commission, or the principal
justice or human rights official of a country) that is carrying
out an official mandate to investigate a pattern of gross
violations of internationally recognized human rights, pursuant
to a proceeding that--
(A) is a credible examination or investigation
conducted in accordance with the mandate of the entity
or official;
(B) is carried out in accordance with international
law, including laws regarding appropriate jurisdiction
of the person or entity carrying out the proceeding;
and
(C) does not threaten to violate due process or
other internationally recognized human rights.
(6) International law.--The term ''international law''
means the rules and principles of general application dealing
with the conduct and relations of nations and international
organizations.

SEC. 4. DETERMINATIONS REQUIRED REGARDING REQUESTS FOR HUMAN RIGHTS
RECORDS.

(a) Determination Required.--If the President or the head of an
agency receives a request for a human rights record from an individual
or entity (such as an entity created by the United Nations, a regional
international organization, a national truth commission, or the
principal justice or human rights official of a country) that is
carrying out an official mandate to investigate a pattern of gross
violations of internationally recognized human rights, not later than
60 days after the receipt of such request the President (or the
Attorney General on behalf of the President) shall make a determination
whether such request is an international bona fide request.
(b) Procedures in Case of Positive Determination.--If the President
(or the Attorney General on behalf of the President) makes a
determination that a request under subsection (a) is an international
bona fide request, not later than 120 days after the date that the
President or Attorney General makes such determination, the heads of
the appropriate agencies shall identify, review, and organize all human
rights records with respect to such request for the purpose of
declassifying and disclosing the records to the public. Except as
provided in section 5 and subsection (d), all records described in the
preceding sentence shall be made available to the public not later than
30 days after the date that a review under this subsection is
completed.
(c) Procedures in Case of Negative Determination.--If the President
(or the Attorney General on behalf of the President) makes a
determination that a request under subsection (a) is not an
international bona fide request, such determination, and a detailed
explanation regarding such determination, shall be published in the
Federal Register not later than 90 days after the date that such
request is received.
(d) Confidentiality To Protect Ongoing Investigations.--
(1) Disclosure of records on confidential basis.--The head
of an agency disclosing human rights records as a result of a
positive determination under subsection (b) may, at the agency
head's initiative or at the request of the individual or entity
that submitted the request for records, disclose such records
to the individual or entity on a confidential basis if the
agency head determines that confidential disclosure is
necessary to avoid jeopardizing an ongoing investigation.
(2) Delayed public disclosure of records.--If the agency
head determines that confidential disclosure of records under
paragraph (1) is necessary, the agency head may withhold such
records from public disclosure until the agency head
determines, in consultation with the individual or entity that
submitted the request, that the need for confidentiality no
longer exists.

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

(a) In General.--The head of an agency may postpone disclosure of a
human rights record or particular information in a human rights record
under this Act only if the head of 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 that would result from disclosure of the human rights
record is of such gravity that it outweighs the public
interest, and such disclosure would reveal--
(A) an intelligence agent whose identity 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 disclosure of the human rights record--
(A) would reveal the name or identity of a living
individual who provided confidential information to the
United States; and
(B) would pose a substantial risk of harm to such
individual or to any member of the family, friend, or
associate of such individual;
(3) the disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy would be so
substantial that it outweighs the public interest; or
(4) the disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
requiring protection between a United States Government agent
and a cooperating individual or a foreign government, and
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 human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if any of the criteria set forth in
subsection (a) are met. For purposes of the preceding sentence, the
term ''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. REVIEW OF DETERMINATIONS TO WITHHOLD RECORDS.

(a) Duties of the Appeals Panel.--The Appeals Panel shall review
all determinations by the head of an agency to postpone disclosure of a
record under this Act.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel may uphold a
determination by the head of an agency to postpone disclosure
of a record under this Act only if the Appeals Panel determines
that there is clear and convincing evidence that--
(A) the record is not a human rights record; or
(B) the record or particular information in the
record qualifies for postponement of disclosure under
section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a record under this Act, the Appeals Panel shall determine, in
consultation with the head of the 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 under this paragraph are the following:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1)(B).
(B) Disclosure of a record that is a substitute for
information that is not disclosed.
(C) Disclosure of a summary of the information in
the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of a review under
this section, the Appeals Panel shall notify the head
of the agency in control or possession of the 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 a determination under this
section. The notice shall contain a written
unclassified justification for the determination,
including an explanation of the application of the
criteria set forth in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals under this section.
(c) Presidential Review of Appeals Panel Determinations.--
(1) Disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the criteria set forth in
section 5. If the Appeals Panel overturns the determination of
the head of an agency to withhold records from
declassification, not later than 30 days after the Appeals
Panel's determination and notification to the head of the
agency under subsection (b)(4), the President shall provide the
Appeals Panel with an unclassified written certification
specifying the President's determination and stating the
reasons for the decision, including, in the case of a
determination to postpone disclosure, the criteria set forth in
section 5 that 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 record under this Act.

SEC. 7. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF CERTAIN HUMAN
RIGHTS RECORDS.

(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the head of each agency shall identify, review,
and organize all human rights records regarding activities occurring in
Guatemala and Honduras for the purpose of declassifying and disclosing
such 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 the date that a review under
this section is completed.
(b) Report to Congress.--Not later than 150 days after the date of
the enactment of this Act, the President shall report to Congress
regarding each agency's compliance with the provisions of this section.

SEC. 8. RULES OF CONSTRUCTION.

(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by executive agencies.
(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.
For purposes of this Act, determinations by the Attorney General made
on behalf of the President under section 4(a) shall be subject to the
same standard of judicial review as determinations by the President.

SEC. 9. CREATION OF ADDITIONAL POSITIONS FOR APPEALS PANEL.

Two additional positions shall be created for the Appeals Panel
solely for purposes of carrying out the provisions of this Act. In
filling such positions, the President--
(1) shall appoint individuals who--
(A) were not involved in making determinations that
could be reviewed by the Appeals Panel;
(B) have demonstrated substantial human rights
expertise; and
(C) are able to meet the security requirements for
such positions; and
(2) shall seek recommendations with respect to such
positions from nongovernmental human rights organizations.
Output:
Human Rights Information Act - Requires certain Federal agencies to identify, review, and organize all human rights records, for declassification and public disclosure, if the President determines bona fide a request for them by an individual or entity carrying an official mandate to investigate a pattern of gross violations of internationally recognized human rights.Prescribes guidelines under which the Interagency Security Classification Appeals Panel shall review agency determinations to postpone disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds.Requires each Federal agency to identify, review, and organize all human rights records regarding activities occurring in Guatemala and Honduras for declassification and public disclosure.