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. TURN-
ER, 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 Ne-
braska) 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 
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552 of title 5, United States Code (commonly referred 
to as the Freedom of Information Act). 
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 Act 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 
(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, 
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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 submit a certification to the President, 
if the Secretary of Defense, in consultation with the 
Chairman of the Joint Chiefs of Staff, determines 
that the disclosure of that photograph would endan-
ger— 
(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. 
(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. 
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(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. 
Æ 
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