[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2875 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2875

To provide that certain photographic records relating to the treatment 
 of any individual engaged, captured, or detained after September 11, 
 2001, by the Armed Forces of the United States in operations outside 
the United States shall not be subject to disclosure under section 552 
of title 5, United States Code (commonly referred to as the Freedom of 
                           Information Act).


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2009

Mr. Conaway (for himself, Mr. Boehner, Mr. Cantor, Mr. Wilson of South 
Carolina, Mr. Shuster, Mr. Rooney, Mr. Miller of Florida, Ms. Granger, 
Mr. McKeon, Mr. Pence, Mr. Wittman, Mr. Hunter, Mr. Akin, Mr. Kline of 
  Minnesota, Mr. Fleming, Mr. Bartlett, Mr. Forbes, Mr. Lamborn, Mr. 
 Bishop of Utah, Mr. Platts, Mr. Coffman of Colorado, Ms. Fallin, Mr. 
Franks of Arizona, Mr. Turner, Mr. Boozman, Mr. Latta, Mr. McCaul, Mr. 
  Price of Georgia, Mr. Smith of Texas, Mr. Sam Johnson of Texas, Mr. 
Thornberry, Mr. Carter, Mr. Gerlach, Mr. Buyer, Mr. Campbell, Mr. Wamp, 
 Mr. Westmoreland, Mr. Roskam, Mr. McHenry, and Mr. Smith of Nebraska) 
 introduced the following bill; which was referred to the Committee on 
 Oversight and Government Reform, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide that certain photographic records relating to the treatment 
 of any individual engaged, captured, or detained after September 11, 
 2001, by the Armed Forces of the United States in operations outside 
the United States shall not be subject to disclosure under section 552 
of title 5, United States Code (commonly referred to as the Freedom of 
                           Information Act).

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DETAINEE PHOTOGRAPHIC RECORDS PROTECTION.

    (a) Short Title.--This Act may be cited as the ``Detainee 
Photographic Records Protection Act of 2009''.
    (b) Definitions.--In this section:
            (1) Covered record.--The term ``covered record'' means any 
        record--
                    (A) that is a photograph that--
                            (i) was taken during the period beginning 
                        on September 11, 2001, through January 22, 
                        2009; and
                            (ii) relates to the treatment of 
                        individuals engaged, captured, or detained 
                        after September 11, 2001, by the Armed Forces 
                        of the United States in operations outside of 
                        the United States; and
                    (B) for which a certification by the Secretary of 
                Defense under subsection (c) is in effect.
            (2) Photograph.--The term ``photograph'' encompasses all 
        photographic images, whether originals or copies, including 
        still photographs, negatives, digital images, films, video 
        tapes, and motion pictures.
    (c) Certification.--
            (1) In general.--For any photograph described under 
        subsection (b)(1)(A), the Secretary of Defense shall submit a 
        certification to the President, if the Secretary of Defense, in 
        consultation with the Chairman of the Joint Chiefs of Staff, 
        determines that the disclosure of that photograph would 
        endanger--
                    (A) citizens of the United States; or
                    (B) members of the Armed Forces or employees of the 
                United States Government deployed outside the United 
                States.
            (2) Certification expiration.--A certification submitted 
        under paragraph (1) and a renewal of a certification submitted 
        under paragraph (3) shall expire 3 years after the date on 
        which the certification or renewal, as the case may be, is 
        submitted to the President.
            (3) Certification renewal.--The Secretary of Defense may 
        submit to the President--
                    (A) a renewal of a certification in accordance with 
                paragraph (1) at any time; and
                    (B) more than 1 renewal of a certification.
            (4) Notice to congress.--A timely notice of the Secretary's 
        certification shall be submitted to Congress.
    (d) Nondisclosure of Detainee Records.--A covered record shall not 
be subject to--
            (1) disclosure under section 552 of title 5, United States 
        Code (commonly referred to as the Freedom of Information Act); 
        or
            (2) disclosure under any proceeding under that section.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to preclude the voluntary disclosure of a covered record.
    (f) Effective Date.--This section shall take effect on the date of 
enactment of this Act and apply to any photograph created before, on, 
or after that date that is a covered record.
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