I 

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 


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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, 

3 SECTION 1. DETAINEE PHOTOGRAPHIC RECORDS PROTEC4 TION. 

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

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

7 (b) DEFINITIONS.—In this section: 

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

9 record’’ means any record— 

10 (A) that is a photograph that— 

11 (i) was taken during the period begin12 ning on September 11, 2001, through Jan13 uary 22, 2009; and 

14 (ii) relates to the treatment of individ15 uals engaged, captured, or detained after 

16 September 11, 2001, by the Armed Forces 

17 of the United States in operations outside 

18 of the United States; and 

19 (B) for which a certification by the Sec20 retary of Defense under subsection (c) is in ef21 fect. 

22 (2) PHOTOGRAPH.—The term ‘‘photograph’’ en23 compasses all photographic images, whether origi24 nals or copies, including still photographs, negatives, 


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1 digital images, films, video tapes, and motion pic2 tures. 

3 (c) CERTIFICATION.— 

4 (1) IN GENERAL.—For any photograph de5 scribed under subsection (b)(1)(A), the Secretary of 

6 Defense shall submit a certification to the President, 

7 if the Secretary of Defense, in consultation with the 

8 Chairman of the Joint Chiefs of Staff, determines 

9 that the disclosure of that photograph would endan10 ger— 

11 (A) citizens of the United States; or 

12 (B) members of the Armed Forces or em13 ployees of the United States Government de14 ployed outside the United States. 

15 (2) CERTIFICATION EXPIRATION.—A certifi16 cation submitted under paragraph (1) and a renewal 

17 of a certification submitted under paragraph (3) 

18 shall expire 3 years after the date on which the cer19 tification or renewal, as the case may be, is sub20 mitted to the President. 

21 (3) CERTIFICATION RENEWAL.—The Secretary 

22 of Defense may submit to the President— 

23 (A) a renewal of a certification in accord24 ance with paragraph (1) at any time; and 

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


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

2 the Secretary’s certification shall be submitted to 

3 Congress. 

4 (d) NONDISCLOSURE OF DETAINEE RECORDS.—A 

5 covered record shall not be subject to— 

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

7 United States Code (commonly referred to as the 

8 Freedom of Information Act); or 

9 (2) disclosure under any proceeding under that 

10 section. 

11 (e) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to preclude the voluntary disclosure 

13 of a covered record. 

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

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

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

17 a covered record. 

Æ 


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