[Congressional Record: October 13, 2009 (House)]
[Page H11195-H11257]


    CONFERENCE REPORT ON H.R. 2892, DEPARTMENT OF HOMELAND SECURITY
                        APPROPRIATIONS ACT, 2010

  Mr. PRICE of North Carolina (during consideration of H.R. 1327)
submitted the following conference report and statement on the bill
(H.R. 2892) making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2010, and for other
purposes:

                  Conference Report (H. Rept. 111-298)

[...]

       Sec. 565. (a) Short Title.--This section may be cited as
     the ``Protected National Security Documents Act of 2009''.
       (b) Notwithstanding any other provision of the law to the
     contrary, no protected document, as defined in subsection
     (c), shall be subject to disclosure under section 552 of
     title 5, United States Code or any proceeding under that
     section.
       (c) Definitions.--In this section:
       (1) Protected document.--The term ``protected document''
     means any record--
       (A) for which the Secretary of Defense has issued a
     certification, as described in subsection (d), stating that
     disclosure of that record would endanger citizens of the
     United States, members of the United States Armed Forces, or
     employees of the United States Government deployed outside
     the United States; and
       (B) 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.
       (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.
       (d) Certification.--
       (1) In general.--For any photograph described under
     subsection (c)(1), the Secretary of Defense shall issue a
     certification if the Secretary of Defense determines that
     disclosure of that photograph would endanger citizens of the
     United States, members of the United States Armed Forces, or
     employees of the United States Government deployed outside
     the United States.
       (2) Certification expiration.--A certification and a
     renewal of a certification issued pursuant to subsection
     (d)(3) shall expire 3 years after the date on which the
     certification or renewal, is issued by the Secretary of
     Defense.
       (3) Certification renewal.--The Secretary of Defense may
     issue--
       (A) a renewal of a certification at any time; and
       (B) more than 1 renewal of a certification.
       (4) Notice to congress.--The Secretary of Defense shall
     provide Congress a timely notice of the Secretary's issuance
     of a certification and of a renewal of a certification.
       (e) Rule of Construction.--Nothing in this section shall be
     construed to preclude the voluntary disclosure of a protected
     document.
       (f) Effective Date.--This section shall take effect on the
     date of enactment of this Act and apply to any protected
     document.

[...]

                      Joint Explanatory Statement



      Section 565. The conference agreement includes and modifies
     a new provision proposed by the Senate on the release of
     protected national security documents. The House proposed no
     similar provision.