[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1285 Referred in House (RFH)]
111th CONGRESS
1st Session
S. 1285
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2009
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
_______________________________________________________________________
AN ACT
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), to amend section 552(b)(3) of title 5, United States
Code (commonly referred to as the Freedom of Information Act) to
provide that statutory exemptions to the disclosure requirements of
that Act shall specifically cite to the provision of that Act
authorizing such exemptions, to ensure an open and deliberative process
in Congress by providing for related legislative proposals to
explicitly state such required citations, and for other purposes.
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 section 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 certify,
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.
SEC. 2. OPEN FREEDOM OF INFORMATION ACT.
(a) Short Title.--This section may be cited as the ``OPEN FOIA Act
of 2009''.
(b) Specific Citations in Statutory Exemptions.--Section 552(b) of
title 5, United States Code, is amended by striking paragraph (3) and
inserting the following:
``(3) specifically exempted from disclosure by statute
(other than section 552b of this title), if that statute--
``(A)(i) requires that the matters be withheld from
the public in such a manner as to leave no discretion
on the issue; or
``(ii) establishes particular criteria for
withholding or refers to particular types of matters to
be withheld; and
``(B) if enacted after the date of enactment of the
OPEN FOIA Act of 2009, specifically cites to this
paragraph.''.
Passed the Senate June 17, 2009.
Attest:
NANCY ERICKSON,
Secretary.