Legislative Watch
| Legislative Watch reports on pending U.S. legislation relevant to human rights and humanitarian law. This list is not meant to be comprehensive. |
The Human Rights Information Act, H.R. 1152
Major Sponsor: Rep. Tom Lantos (D-CA)
Status: Forwarded to the House Committee on Government Reform as amended by the Subcommittee on Government Efficiency, Financial Management and Intergovernmental Relations on September 17, 2002.
Substance: This legislation aims to promote human rights, democracy, and the rule of law by providing a process for U.S. agencies to expedite declassification and disclosure of documents relating to systematic human rights abuses in countries other than the United States. Upon receipt of a bona fide request from an individual or entity carrying out an official mandate to investigate a pattern of gross violations of internationally recognized human rights, federal executive agencies involved in foreign policy or foreign intelligence, such as the U.S. Department of State, the U.S. Department of Defense, and the Central Intelligence Agency, must identify, review, and organize requested human rights records for declassification and public disclosure in order to assist in such investigations. The Act also prescribes guidelines for postponing disclosure of human rights records on specified grounds, such as a threat to the military defense of the United States that outweighs the public interest in revealing the records. Additionally, the Act specifically requires agencies to identify, review, and organize all human rights records regarding activities in Guatemala and Honduras for declassification and public disclosure.
Expressing the Sense of the Congress regarding So-Called “Honor
Killings,” H. Con. Res. 496
Major Sponsor: Rep. Jerrold Nadler (D-NY)
Status: Referred to the House Committee on International Relations on October 2, 2002.
This resolution expresses the sense of Congress that the United States should work to put an end to so-called “honor crimes,” described in the legislation as instances where women are killed or maimed in the name of family honor. The resolution calls on the U.S. government to work with foreign law enforcement and judicial agencies to enact reforms to address more effectively the investigation and prosecution of such crimes, and to make resources available to provide refuge and rehabilitation for victims and their children. Specifically, the resolution calls for the U.S. Department of State to include in its yearly Country Reports on Human Rights Practices incidences of honor killings and related violence in foreign countries, the steps taken by foreign governments to address the problem, and all relevant actions taken by the United States to reduce the incidence of such violence and increase investigation and prosecution of such crimes. The resolution also calls for the president and secretary of state to communicate U.S. concerns over these human rights violations directly to leaders in countries where honor killings, dowry deaths, and related practices occur, and to urge these leaders to investigate and prosecute such acts as murder.
Russian Democracy Act of 2002, H.R. 2121 (P.L. 107-246)
Major Sponsor: Rep. Tom Lantos (D-CA)
Status: Passed into law on October 23, 2002.
This Act appropriates necessary funding to facilitate Russia’s integration into the Western community of nations, including the establishment of a stable democracy and a market economy within the framework of the rule of law and respect for individual rights. The Act also seeks to engage the government of the Russian Federation and Russian society in strengthening democratic reform and institutions, and in promoting the principles of transparency and good governance. These principles encompass fair and honest business practices, accessible and open legal systems, freedom of religion, and respect for human rights. Additionally, the Act encourages the Russian government to address cross-border issues, including nonproliferation of weapons of mass destruction, environmental degradation, crime, trafficking, and corruption in a cooperative and transparent manner consistent with internationally recognized principles.
The Day Laborer Fairness and Protection Act, H.R. 2755
Major Sponsor: Rep. Luis Gutierrez (D-IL)
Status: Referred to the House Subcommittee on Workforce Protections on March 11, 2002.
This Act provides employment protections to day laborers by regulating day labor service agencies. The Act requires that such agencies provide notice of the expected wages to be paid by each third-party employer using their services. Wages for day laborers, who are often employed to perform manual labor such as construction work on a daily or short-term basis, must equal those paid to permanent employees who perform substantially equivalent work. Additionally, the Act establishes requirements for day laborer services agencies and employers including: civil damages and criminal penalties for certain employer violations of the Act; itemized wage statements, annual earnings summaries, and optional payment schedules; protection mechanisms for day laborers alleging violations of the Act; adequate seating, restrooms, and water in waiting areas; health care liability for injuries on the job or in transit; equitable expenses for day laborer meals, transportation, and equipment; and agency registration with the secretary of labor.
The Homeland Security Act of 2002, H.R. 5005 (P.L. 107-296)
Major Sponsor: Rep. Richard K. Armey (R-TX)
Status: Passed into law on November 25, 2002.
This comprehensive Act establishes a U.S. Department of Homeland Security (DHS) to prevent terrorist attacks within the United States and to minimize the potential damage and assist in the recovery effort stemming from possible future attacks. The Act also abolishes the Immigration and Naturalization Service (INS) and transfers INS functions, including the Border Patrol, detention and removal, intelligence, investigations, and inspections programs to DHS. The Office of Refugee Resettlement of the Department of Health and Human Services is designated to care for unaccompanied immigrant children. Additionally, the Act requires the secretary of DHS to appoint an officer for civil rights and civil liberties to assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by DHS employees and officials. The Act explicitly prohibits implementation of Operation TIPS (Terrorism Information and Prevention System), a proposed program that would have recruited letter carriers, utility workers, and others with access to private residences to report suspicious activity to law enforcement. Finally, the Act expresses the sense of Congress reaffirming the continued importance of the Posse Comitatus Act, which prohibits the use of the Armed Forces for civilian law enforcement except as authorized by the U.S. Constitution or Congress.
The proper citation for this article in the Human Rights Brief Volume 10, Issue 2, beginning at page 36 is: 10 No. 2 Hum. Rts. Brief 36 (2003).