II 

111TH CONGRESS 

1ST SESSION S. 1260 

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 SENATE OF THE UNITED STATES 

JUNE 15, 2009 

Mr. LIEBERMAN (for himself and Mr. GRAHAM) 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 1260 IS

1 SECTION 1. DETAINEE PHOTOGRAPHIC RECORDS PROTEC2 TION. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Detainee Photographic Records Protection Act of 2009’’. 

5 (b) DEFINITIONS.—In this section: 

6 (1) COVERED RECORD.—The term ‘‘covered 

7 record’’ means any record— 

8 (A) that is a photograph that— 

9 (i) was taken during the period begin10 ning on September 11, 2001, through Jan11 uary 22, 2009; and 

12 (ii) relates to the treatment of individ13 uals engaged, captured, or detained after 

14 September 11, 2001, by the Armed Forces 

15 of the United States in operations outside 

16 of the United States; and 

17 (B) for which a certification by the Sec18 retary of Defense under subsection (c) is in ef19 fect. 

20 (2) PHOTOGRAPH.—The term ‘‘photograph’’ en21 compasses all photographic images, whether origi22 nals or copies, including still photographs, negatives, 

23 digital images, films, video tapes, and motion pic24 tures. 

25 (c) CERTIFICATION.— 


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•S 1260 IS

1 (1) IN GENERAL.—For any photograph de2 scribed under subsection (b)(1)(A), the Secretary of 

3 Defense shall submit a certification to the President, 

4 if the Secretary of Defense, in consultation with the 

5 Chairman of the Joint Chiefs of Staff, determines 

6 that the disclosure of that photograph would endan7 ger— 

8 (A) citizens of the United States; or 

9 (B) members of the Armed Forces or em10 ployees of the United States Government de11 ployed outside the United States. 

12 (2) CERTIFICATION EXPIRATION.—A certifi13 cation submitted under paragraph (1) and a renewal 

14 of a certification submitted under paragraph (3) 

15 shall expire 3 years after the date on which the cer16 tification or renewal, as the case may be, is sub17 mitted to the President. 

18 (3) CERTIFICATION RENEWAL.—The Secretary 

19 of Defense may submit to the President— 

20 (A) a renewal of a certification in accord21 ance with paragraph (1) at any time; and 

22 (B) more than 1 renewal of a certification. 

23 (4) NOTICE TO CONGRESS.—A timely notice of 

24 the Secretary’s certification shall be submitted to 

25 Congress. 


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•S 1260 IS

1 (d) NONDISCLOSURE OF DETAINEE RECORDS.—A 

2 covered record shall not be subject to— 

3 (1) disclosure under section 552 of title 5, 

4 United States Code (commonly referred to as the 

5 Freedom of Information Act); or 

6 (2) disclosure under any proceeding under that 

7 section. 

8 (e) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to preclude the voluntary disclosure 

10 of a covered record. 

11 (f) EFFECTIVE DATE.—This section shall take effect 

12 on the date of enactment of this Act and apply to any 

13 photograph created before, on, or after that date that is 

14 a covered record. 

Æ 


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