[Congressional Record (Bound Edition), Volume 155 (2009), Part 11]
[Senate]
[Pages 15412-15413]
[From the U.S. Government Publishing Office, www.gpo.gov]




          DETAINEE PHOTOGRAPHIC RECORDS PROTECTION ACT OF 2009

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of S. 1285.
  The PRESIDING OFFICER. The clerk will report the bill by title.

       A bill (S. 1285) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. I ask unanimous consent the bill be read a third time, 
passed, the motion to reconsider be laid on the table, and any 
statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1285) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1285

       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''.

[[Page 15413]]

       (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.''.

                          ____________________