S.Amdt. 1274
What it does: Adds TITLE ___--DETAINEE PHOTOGRAPHIC RECORDS PROTECTION at the end of division B
Sen. Joseph I. Lieberman (D-CT)What it changes
1 change to H.R. 1256 · shown in the bill's text
Adds TITLE ___--DETAINEE PHOTOGRAPHIC RECORDS PROTECTION at the end of division B
Adds a titleIn H.R. 1256 · Placed on Calendar Senate
Passed the House of Representatives April 2, 2009.
Inserted: TITLE ___--DETAINEE PHOTOGRAPHIC RECORDS PROTECTION
Inserted: SEC. ___. DETAINEE PHOTOGRAPHIC RECORDS PROTECTION.
Inserted: (a) Short Title.--This section may be cited as the "Detainee Photographic Records Protection Act of 2009".
Inserted: (b) Definitions.--In this section:
Inserted: (1) Covered record.--The term "covered record" means any record--
Inserted: (A) that is a photograph that--
Inserted: (i) was taken during the period beginning on September 11, 2001, through January 22, 2009; and
Inserted: (ii) relates 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
Inserted: (B) for which a certification by the Secretary of Defense under subsection (c) is in effect.
Inserted: (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.
Inserted: (c) Certification.--
Inserted: (1) In general.--For any photograph described 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 endanger--
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Inserted: (A) citizens of the United States; or
Inserted: (B) members of the Armed Forces or employees of the United States Government deployed outside the United States.
Inserted: (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.
Inserted: (3) Certification renewal.--The Secretary of Defense may submit to the President--
Inserted: (A) a renewal of a certification in accordance with paragraph (1) at any time; and
Inserted: (B) more than 1 renewal of a certification.
Inserted: (4) Notice to congress.--A timely notice of the Secretary's certification shall be submitted to Congress.
Inserted: (d) Nondisclosure of Detainee Records.--A covered record shall not be subject to--
Inserted: (1) disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act); or
Inserted: (2) disclosure under any proceeding under that section.
Inserted: (e) Rule of Construction.--Nothing in ths section shall be construed to preclude the voluntary disclosure of a covered record.
Inserted: (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.
Original wording
At the end of division B, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1274. Mr. LIEBERMAN (for himself and Mr. Graham) submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division B, add the following:
TITLE ___--DETAINEE PHOTOGRAPHIC RECORDS PROTECTION
SEC. ___. DETAINEE PHOTOGRAPHIC RECORDS PROTECTION.
(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 beginning on September 11, 2001, through January 22, 2009; and
(ii) relates 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 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 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.
(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) 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 ths section 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.
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Senate amendment submitted
June 8, 2009