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Ban on Releasing Torture Photos and Videos Included in War Supplemental


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 between September 11, 2001 and January 22, 2009 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 subsection (c) 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.
(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 consultation 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 employees of the United States Government deployed outside the United States.
HR 2346 PP
(2) CERTIFICATION EXPIRATION.—A certification submitted under paragraph (1) and a renewal of a certification submitted under paragraph (3) shall expire 3 years after the date on which the certification or renewal, as the case may be, is submitted to the
President.
(3) CERTIFICATION RENEWAL.—The Secretary of Defense may submit to the President—
(A) a renewal of a certification in accordance 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 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) Nothing in this section shall be construed to preclude the voluntary disclosure of a covered record.
(f) EFFECTIVE DATE.—This section shall take effect on HR 2346 PP
the date of enactment of this Act and apply to any photograph 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’’.
194 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.’’.

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