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).
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Detainee
Photographic Records Protection Act of 2009'.
SEC. 2. DEFINITIONS.
In this Act:
(1)
COVERED RECORD- The term `covered record' means any record--
(A) that is a photograph relating to the treatment of individuals
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 Secretary of Defense under section
3 is in effect.
(2)
PHOTOGRAPH- The term `photograph' encompasses all photographic images,
whether originals or copies, including still photographs, negatives,
digital images, films, video tapes, and motion pictures.
SEC. 3. CERTIFICATION.
(a) In General- For any photograph
described under section 2(1)(A), the Secretary of Defense shall submit
a certification, in classified form to the extent appropriate, 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 endanger--
(1)
citizens of the United States; or
(2)
members of the Armed Forces or employees of the United States
Government deployed outside the United States.
(b) Certification Expiration- A
certification submitted under subsection (a) and a renewal of a
certification submitted under subsection (c) shall expire 5 years after
the date on which the certification or renewal, as the case may be, is
submitted to the President.
(c) Certification Renewal- The Secretary
of Defense may submit to the President--
(1)
a renewal of a certification in accordance with subsection (a) at any
time; and
(2)
more than 1 renewal of a certification.
SEC. 4. 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.
SEC. 5. EFFECTIVE DATE.
This Act 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.