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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1285 Engrossed in Senate (ES)]

111th CONGRESS
  1st Session
                                S. 1285

_______________________________________________________________________

                                 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:

                                                             Secretary.
111th CONGRESS

  1st Session

                                S. 1285

_______________________________________________________________________

                                 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.
```