I 
111TH CONGRESS 
1ST SESSION H. R. 3015 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2009 
Mr. CONAWAY introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform, and in addition to the 
Committee on Armed Services, for a period to be subsequently deter-
mined 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 de-
tained 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 
VerDate Nov 24 2008 
07:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H3015.IH
H3015
wwoods2 on PRODPC68 with BILLS
552(b)(3) of title 5, United States Code (commonly re-
ferred 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 re-
quired citations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DETAINEE PHOTOGRAPHIC RECORDS PROTEC-
TION. 
(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 begin-
ning on September 11, 2001, through Jan-
uary 22, 2009; and 
(ii) relates to the treatment of individ-
uals engaged, captured, or detained after 
September 11, 2001, by the Armed Forces 
of the United States in operations outside 
of the United States; and 
VerDate Nov 24 2008 
07:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3015.IH
H3015
wwoods2 on PRODPC68 with BILLS
(B) for which a certification by the Sec-
retary of Defense under subsection (c) is in ef-
fect. 
(2) PHOTOGRAPH.—The term ‘‘photograph’’ en-
compasses all photographic images, whether origi-
nals or copies, including still photographs, negatives, 
digital images, films, video tapes, and motion pic-
tures. 
(c) CERTIFICATION.— 
(1) IN
GENERAL.—For any photograph de-
scribed 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 pho-
tograph would endanger— 
(A) citizens of the United States; or 
(B) members of the Armed Forces or em-
ployees of the United States Government de-
ployed outside the United States. 
(2) CERTIFICATION
EXPIRATION.—A certifi-
cation submitted under paragraph (1) and a renewal 
of a certification submitted under paragraph (3) 
shall expire 3 years after the date on which the cer-
tification or renewal, as the case may be, is sub-
mitted to the President. 
VerDate Nov 24 2008 
07:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3015.IH
H3015
wwoods2 on PRODPC68 with BILLS
(3) CERTIFICATION RENEWAL.—The Secretary 
of Defense may submit to the President— 
(A) a renewal of a certification in accord-
ance 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 sec-
tion 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’’. 
VerDate Nov 24 2008 
07:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3015.IH
H3015
wwoods2 on PRODPC68 with BILLS
(b) SPECIFIC CITATIONS
IN STATUTORY EXEMP-
TIONS.—Section 552(b) of title 5, United States Code, is 
amended by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) specifically exempted from disclosure by 
statute (other than section 552b of this title), if that 
statute— 
‘‘(A)(i) requires that the matters be with-
held 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 mat-
ters to be withheld; and 
‘‘(B) if enacted after the date of enactment 
of the OPEN FOIA Act of 2009, specifically 
cites to this paragraph.’’. 
Æ 
VerDate Nov 24 2008 
07:17 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H3015.IH
H3015
wwoods2 on PRODPC68 with BILLS