123STA T . 21 84PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9‘ ‘ (B)AP P LICAB ILI TY.—This s ub s ect i on sh al lbecon - st r ue d toa p pl y to any loan or discount m ade , or note, bill o f e x chan g e, financing transaction, or other e v idence of debt, originated by an insured depository institution, a governmental entity located in such S tate, or a person that is not a depository institution described in subpara- graph (A) doing business in such State. ’ ’. (c) EF F E CTI V E P E R I OD .—The amendments made by this section shall apply w ith respect to contracts consummated during the period beginning on the date of enactment of this Act and ending on D ecember 31 , 20 10. SEC. 564 . (a) S H ORT TITLE.—This section may be cited as the ‘‘ O PE NF O I AActof200 9 ’’. (b) SPECIFIC C ITATIO NS IN STAT U TORY E X E M PTIONS.—Section 552(b) of title 5, U nited States Code, is amended by stri k ing para- graph (3) and inserting the following
‘‘(3) specifically exempted from disclosure by statute (other than section 552b of this title), if that statute— ‘‘(A)(i) re q uires 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.’’. 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 con- trary, no protected document, as defined in subsection (c), shall be sub j ect 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 citi z ens of the United States, members of the United States Armed Forces, or employees of the United States G overnment deployed outside the United States; and (B) that is a photograph that— (i) was taken during the period beginning on Sep- tember 11, 2001, through J anuary 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) PHOTO G RAPH.—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 sub- section (c)(1), the Secretary of Defense shall issue a certification if the Secretary of Defense determines that disclosure of that Protec te dNa t i o n a lS ec u rit yD ocu m ent sA cto f20 0 9.5U S C 552 note. O P E N F O I A Act of 2009. 5 USC 1 01 note. A p plica b ility. Contracts. 12USC1 83 1u note. L oans.
