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Shown Here: Introduced in House (06/15/2009)
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.