This was neatly done by placing the determination of those photos within the H.R. 2892, The Department of Homeland Security Appropriations Act, 2010

http://www.washingtonwatch.com/bills/show/...

(Sec. 567) Detainee Photographic Records Protection Act of 2009 - Requires the Secretary of Defense to: (1) certify any photograph taken between September 11, 2001, and January 22, 2009, that relates to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the U.S. Armed Forces in operations outside of the United States if the Secretary determines that disclosure of such photograph would endanger U.S. citizens or members of the Armed Forces or U.S. government employees deployed outside the United States; and (2) submit timely notice of such certification to Congress. Authorizes the Secretary to submit a renewal of a certification at any time. Provides that a certification or a renewal shall expire after three years. Exempts such a certified photograph from disclosure under the Freedom of Information Act (FOIA), but does not preclude voluntary disclosure.

OPEN FOIA Act of 2009 - Amends FOIA to require statutory exemptions to its disclosure requirements to specifically cite its provision that authorizes such exemptions.

http://www.truthout.org/101709A

Rep. Louise Slaughter (D-New York) said in a floor statement that the provision to amend the Freedom of Information Act was stripped from an earlier version of the bill, but the language was quietly reinserted in recent weeks, "apparently under direct orders from the administration."

Rep. Louise Slaughter's House Floor Speech
http://www.youtube.com/watch?v=qADMDj1lk0o

Rep. Slaughter is one of the best members of Congress we have.