II 111th CONGRESS 1st Session S. 1100 IN THE SENATE OF THE UNITED STATES May 20, 2009 Mr. Lieberman (for himself, Mr. Graham, and Mr. McCain) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 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).

1.

Short title

This Act may be cited as the Detainee Photographic Records Protection Act of 2009.

2.

Definitions

In this Act: (1)

Covered record

The term covered record means any record— (A)that is a photograph relating 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 section 3 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.

3.

Certification

(a)

In General

For any photograph described under section 2(1)(A), the Secretary of Defense shall submit a certification, in classified form to the extent appropriate, 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— (1)citizens of the United States; or (2)members of the Armed Forces or employees of the United States Government deployed outside the United States. (b)

Certification expiration

A certification submitted under subsection (a) and a renewal of a certification submitted under subsection (c) shall expire 5 years after the date on which the certification or renewal, as the case may be, is submitted to the President. (c)

Certification renewal

The Secretary of Defense may submit to the President— (1)a renewal of a certification in accordance with subsection (a) at any time; and (2)more than 1 renewal of a certification.

4.

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.

5.

Effective date

This Act 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.