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plementary resources are needed to forestall or cope 
with an impairment of the international monetary 
system and whether the Fund has fully explored other 
means of funding, to remain available until expended 
to meet calls by the Fund. Any payments made to the 
United States by the Fund as a repayment on ac-
count of the principal of a loan made under this sec-
tion shall continue to be available for loans to the 
Fund.’’. 
SEC. 1302. The Bretton Woods Agreements Act (22 
U.S.C. 286 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES 
OF AGREEMENT OF THE FUND. 
‘‘The United States Governor of the Fund may agree 
to and accept the amendments to the Articles of Agreement 
of the Fund as proposed in the resolutions numbered 63– 
2 and 63–3 of the Board of Governors of the Fund which 
were approved by such Board on April 28, 2008 and May 
5, 2008, respectively. 
‘‘SEC. 65. QUOTA INCREASE. 
‘‘(a) IN GENERAL.—The United States Governor of the 
Fund may consent to an increase in the quota of the United 
States in the Fund equivalent to 4,973,100,000 Special 
Drawing Rights. 
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‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority 
provided by subsection (a) shall be effective only to such 
extent or in such amounts as are provided in advance in 
appropriations Acts. 
‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE 
FUND’S GOLD. 
‘‘(a) The Secretary of the Treasury is authorized to 
instruct the United States Executive Director of the Fund 
to vote to approve the sale of up to 12,965,649 ounces of 
the Fund’s gold acquired since the second Amendment to 
the Fund’s Articles of Agreement, only if such sales are con-
sistent with the guidelines agreed to by the Executive Board 
of the Fund described in the Report of the Managing Direc-
tor to the International Monetary and Financial Committee 
on a New Income and Expenditure Framework for the 
International Monetary Fund (April 9, 2008) to prevent 
disruption to the world gold market: Provided, That at least 
30 days prior to any such vote, the Secretary shall consult 
with the Committee on Foreign Relations and the Com-
mittee on Banking, Housing, and Urban Affairs of the Sen-
ate and the Committee on Financial Services of the House 
of Representatives regarding the use of proceeds from the 
sale of such gold: Provided further, That the Secretary of 
the Treasury shall seek to ensure that: 
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‘‘(1) the Fund will provide support to low-in-
come countries that are eligible for the Poverty Reduc-
tion and Growth Facility or other low-income lending 
from the Fund by making available Fund resources of 
not less than $4 billion; 
‘‘(2) such Fund resources referenced above will be 
used to leverage additional support by a significant 
multiple 
to 
provide 
loans 
with 
substantial 
concessionality and debt service payment relief and/ 
or grants, as appropriate to a country’s cir-
cumstances: 
‘‘(3) support provided through forgiveness of in-
terest on concessional loans will be provided for not 
less than two years; and 
‘‘(4) the support provided to low-income coun-
tries occurs within six years, a substantial amount of 
which shall occur within the initial two years. 
‘‘(b) In addition to agreeing to and accepting the 
amendments referred to in section 64 of this Act relating 
to the use of proceeds from the sale of such gold, the United 
States Governor is authorized, consistent with subsection 
(a), to take such actions as may be necessary, including 
those referred to in section 5(e) of this Act, to also use such 
proceeds for the purpose of assisting low-income countries. 
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‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES 
OF AGREEMENT OF THE FUND. 
‘‘The United States Governor of the Fund may agree 
to and accept the amendment to the Articles of Agreement 
of the Fund as proposed in the resolution numbered 54– 
4 of the Board of Governors of the Fund which was ap-
proved by such Board on October 22, 1997: Provided, That 
not more than one year after the acceptance of such amend-
ments to the Fund’s Articles of Agreement, the Secretary 
of the Treasury shall submit a report to the Committee on 
Foreign Relations and the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate and the Committee 
on Financial Services of the House of Representatives ana-
lyzing Special Drawing Rights, to include a discussion of 
how those countries that significantly use or acquire Special 
Drawing Rights in accordance with Article XIX, Section 
2(c), use or acquire them; the extent to which countries expe-
riencing balance of payment difficulties exchange or use 
their Special Drawing Rights to acquire reserve currencies; 
and the manner in which those reserve currencies are ac-
quired when utilizing Special Drawing Rights.’’. 
SEC. 1303. (a) Not later than 30 days after enactment 
of this Act, the Secretary of the Treasury, in consultation 
with the Executive Director of the World Bank and the Ex-
ecutive Board of the International Monetary Fund (IMF), 
shall submit a report to the appropriate congressional com-
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mittees detailing the steps taken to coordinate the activities 
of the World Bank and the IMF to avoid duplication of 
missions and programs, and steps taken by the Department 
of the Treasury and the IMF to increase the oversight and 
accountability of IMF activities. 
(b) For the purposes of this section, the ‘‘appropriate 
congressional committees’’ means the Committees on Appro-
priations, Banking, Housing, and Urban Affairs, and For-
eign Relations of the Senate, and the Committees on Appro-
priations, Foreign Affairs, and Ways and Means of the 
House of Representatives. 
(c) In the next report to Congress on international eco-
nomic and exchange rate policies, the Secretary of the 
Treasury shall: (1) report on ways in which the IMF’s sur-
veillance function under Article IV could be enhanced and 
made more effective in terms of avoiding currency manipu-
lation; (2) report on the feasibility and usefulness of pub-
lishing the IMF’s internal calculations of indicative ex-
change rates; and (3) provide recommendations on the steps 
that the IMF can take to promote global financial stability 
and conduct effective multilateral surveillance. 
(d) The Secretary of the Treasury shall instruct the 
United States Executive Director of the International Mon-
etary Fund to use the voice and vote of the United States 
to oppose any loan, project, agreement, memorandum, in-
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strument, plan, or other program of the Fund to a Heavily 
Indebted Poor Country that imposes budget caps or re-
straints that do not allow the maintenance of or an increase 
in governmental spending on health care or education; and 
to promote government spending on health care, education, 
food aid, or other critical safety net programs in all of the 
Fund’s activities with respect to Heavily Indebted Poor 
Countries. 
SEC. 1304. Each amount in this title is designated as 
being for overseas deployments and other activities pursu-
ant to sections 401(c)(4) and 423(a) of S. Con. Res. 13 
(111th Congress), the concurrent resolution on the budget 
for fiscal year 2010. 
DETAINEE PHOTOGRAPHIC RECORDS PROTECTION 
SEC. 1305. (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 was taken be-
tween September 11, 2001 and January 22, 2009 
relating to the treatment of individuals engaged, 
captured, or detained after September 11, 2001, 
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by the Armed Forces of the United States in op-
erations outside of the United States; and 
(B) for which a certification by the Sec-
retary of Defense under subsection (c) is in effect. 
(2) PHOTOGRAPH.—The term ‘‘photograph’’ en-
compasses all photographic images, whether originals 
or copies, including still photographs, negatives, dig-
ital 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 consulta-
tion 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 em-
ployees of the United States Government de-
ployed outside the United States. 
(2) CERTIFICATION EXPIRATION.—A certification 
submitted under paragraph (1) and a renewal of a 
certification submitted under paragraph (3) shall ex-
pire 3 years after the date on which the certification 
or renewal, as the case may be, is submitted to the 
President. 
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(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) CERTIFICATION RENEWAL.—A timely notice 
of the Secretary’s certification shall be provided to 
Congress. 
(d) NONDISCLOSURE OF DETAINEE RECORDS.—A cov-
ered 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) Nothing in this section shall be construed to pre-
clude 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 photo-
graph created before, on, or after that date that is a covered 
record. 
SHORT TITLE 
SEC. 1306. This section may be cited as the ‘‘OPEN 
FOIA Act of 2009’’. 
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SPECIFIC CITATIONS IN STATUTORY EXEMPTIONS 
SEC. 1307. 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.’’. 
GENERAL PROVISION—THIS ACT 
AVAILABILITY OF FUNDS 
SEC. 1308. No part of any appropriation contained 
in this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
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This Act may be cited as the ‘‘Supplemental Appro-
priations Act, 2009’’. 
Passed the House of Representatives May 14, 2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
Passed the Senate May 21, 2009. 
Attest: 
NANCY ERICKSON, 
Secretary. 
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