II 

111TH CONGRESS 

1ST SESSION S. 1100 

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 

MAY 20, 2009 

Mr. LIEBERMAN (for himself, Mr. GRAHAM, and Mr. MCCAIN) 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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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Detainee Photographic 

3 Records Protection Act of 2009’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 record’’ means any record— 

8 (A) that is a photograph relating to the 

9 treatment of individuals engaged, captured, or 

10 detained after September 11, 2001, by the 

11 Armed Forces of the United States in oper12 ations outside of the United States; and 

13 (B) for which a certification by the Sec14 retary of Defense under section 3 is in effect. 

15 (2) PHOTOGRAPH.—The term ‘‘photograph’’ en16 compasses all photographic images, whether origi17 nals or copies, including still photographs, negatives, 

18 digital images, films, video tapes, and motion pic19 tures. 

20 SEC. 3. CERTIFICATION. 

21 (a) IN GENERAL.—For any photograph described 

22 under section 2(1)(A), the Secretary of Defense shall sub23 mit a certification, in classified form to the extent appro24 priate, to the President, if the Secretary of Defense, in 

25 consultation with the Chairman of the Joint Chiefs of 


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1 Staff, determines that the disclosure of that photograph 

2 would endanger— 

3 (1) citizens of the United States; or 

4 (2) members of the Armed Forces or employees 

5 of the United States Government deployed outside 

6 the United States. 

7 (b) CERTIFICATION EXPIRATION.—A certification 

8 submitted under subsection (a) and a renewal of a certifi9 cation submitted under subsection (c) shall expire 5 years 

10 after the date on which the certification or renewal, as 

11 the case may be, is submitted to the President. 

12 (c) CERTIFICATION RENEWAL.—The Secretary of 

13 Defense may submit to the President— 

14 (1) a renewal of a certification in accordance 

15 with subsection (a) at any time; and 

16 (2) more than 1 renewal of a certification. 

17 SEC. 4. NONDISCLOSURE OF DETAINEE RECORDS. 

18 A covered record shall not be subject to— 

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

20 United States Code (commonly referred to as the 

21 Freedom of Information Act); or 

22 (2) disclosure under any proceeding under that 

23 section. 


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1 SEC. 5. EFFECTIVE DATE. 

2 This Act shall take effect on the date of enactment 

3 of this Act and apply to any photograph created before, 

4 on, or after that date that is a covered record. 

Æ 


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