fee of not more than $0.005 per page classified by each 
agency. The Archivist shall use the fees retained under 
this section to fund the activities of the Board. Fees re-
ceived in a fiscal year and retained under this section shall 
remain available for obligation until expended.’’. 
(b) SUNSET.—Subsection (b) of section 710 of such 
Act is amended to read as follows: 
‘‘(b) SUNSET.—The provisions of this title shall ex-
pire 8 years after the date of the enactment of the Restore 
Open Government Act of 2005.’’. 
SEC. 9. IMPROVEMENTS TO OPERATION OF FREEDOM OF 
INFORMATION ACT. 
(a) RESTORATION OF THE INTEGRITY OF THE FREE-
DOM OF INFORMATION ACT BY LIMITING THE BROAD EX-
EMPTION FOR CRITICAL INFRASTRUCTURE INFORMATION 
UNDER THE HOMELAND SECURITY ACT OF 2002.— 
(1) IN GENERAL.—Title II of the Homeland Se-
curity Act of 2002 (Public Law 107–296) is amend-
ed by striking subtitle B and inserting the following: 
‘‘Subtitle B—Protection of Volun-
tarily 
Furnished 
Confidential 
Information 
‘‘SEC. 211. PROTECTION OF VOLUNTARILY FURNISHED 
CONFIDENTIAL INFORMATION. 
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CRITICAL
INFRASTRUCTURE.—The term 
‘critical infrastructure’ has the meaning given that 
term in section 1016(e) of the USA PATRIOT ACT 
of 2001 (42 U.S.C. 5195c(e)). 
‘‘(2) FURNISHED VOLUNTARILY.— 
‘‘(A) DEFINITION.—The term ‘furnished 
voluntarily’ means a submission of a record 
that— 
‘‘(i) is made to the Department in the 
absence of authority of the Department re-
quiring that record to be submitted; and 
‘‘(ii) is not submitted or used to sat-
isfy any legal requirement or obligation or 
to obtain any grant, permit, benefit (such 
as agency forbearance, loans, or reduction 
or modifications of agency penalties or rul-
ings), or other approval from the Govern-
ment. 
‘‘(B) BENEFIT.—In this paragraph, the 
term ‘benefit’ does not include any warning, 
alert, or other risk analysis by the Department. 
‘‘(b) IN GENERAL.—Notwithstanding any other pro-
vision of law, a record pertaining to the vulnerability of 
and threats to critical infrastructure (such as attacks, re-
sponse, and recovery efforts) that is furnished voluntarily
to the Department shall not be made available under sec-
tion 552 of title 5, United States Code, if— 
‘‘(1) the provider would not customarily make 
the record available to the public; and 
‘‘(2) the record is designated and certified by 
the provider, in a manner specified by the Depart-
ment, as confidential and not customarily made 
available to the public. 
‘‘(c) RECORDS SHARED WITH OTHER AGENCIES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) RESPONSE TO REQUEST.—An agency 
in receipt of a record that was furnished volun-
tarily to the Department and subsequently 
shared with the agency shall, upon receipt of a 
request under section 552 of title 5, United 
States Code, for the record— 
‘‘(i) not make the record available; 
and 
‘‘(ii) refer the request to the Depart-
ment for processing and response in ac-
cordance with this section. 
‘‘(B) 
SEGREGABLE
PORTION
OF 
RECORD.—Any reasonably segregable portion of 
a record shall be provided to the person re-
questing the record after deletion of any portion 
which is exempt under this section. 
‘‘(2) DISCLOSURE
OF
INDEPENDENTLY
FUR-
NISHED RECORDS.—Notwithstanding paragraph (1), 
nothing in this section shall prohibit an agency from 
making available under section 552 of title 5, United 
States Code, any record that the agency receives 
independently of the Department, regardless of 
whether or not the Department has a similar or 
identical record. 
‘‘(d) WITHDRAWAL
OF CONFIDENTIAL DESIGNA-
TION.—The provider of a record that is furnished volun-
tarily to the Department under subsection (b) may at any 
time withdraw, in a manner specified by the Department, 
the confidential designation. 
‘‘(e) PROCEDURES.—The Secretary shall prescribe 
procedures for— 
‘‘(1) the acknowledgement of receipt of records 
furnished voluntarily; 
‘‘(2) the designation, certification, and marking 
of records furnished voluntarily as confidential and 
not customarily made available to the public; 
‘‘(3) the care and storage of records furnished 
voluntarily;
‘‘(4) the protection and maintenance of the con-
fidentiality of records furnished voluntarily; and 
‘‘(5) the withdrawal of the confidential designa-
tion of records under subsection (d). 
‘‘(f) EFFECT ON STATE AND LOCAL LAW.—Nothing 
in this section shall be construed as preempting or other-
wise modifying State or local law concerning the disclosure 
of any information that a State or local government re-
ceives independently of the Department. 
‘‘(g) REPORT.— 
‘‘(1) 
REQUIREMENT.—Not 
later 
than 
months after the date of the enactment of the Re-
store Open Government Act of 2005, the Comp-
troller General of the United States shall submit to 
the committees of Congress specified in paragraph 
(2) a report on the implementation and use of this 
section, including— 
‘‘(A) the number of persons in the private 
sector, and the number of State and local agen-
cies, that furnished voluntarily records to the 
Department under this section; 
‘‘(B) the number of requests for access to 
records granted or denied under this section; 
and
‘‘(C) such recommendations as the Comp-
troller General considers appropriate regarding 
improvements in the collection and analysis of 
sensitive information held by persons in the pri-
vate sector, or by State and local agencies, re-
lating to vulnerabilities of and threats to critical 
infrastructure, including the response to such 
vulnerabilities and threats. 
‘‘(2) COMMITTEES
OF
CONGRESS.—The com-
mittees of Congress specified in this paragraph 
are— 
‘‘(A) the Committees on the Judiciary and 
Homeland Security and Governmental Affairs 
of the Senate; and 
‘‘(B) the Committees on the Judiciary and 
Government Reform of the House of Represent-
atives. 
‘‘(3) FORM.—The report shall be submitted in 
unclassified form, but may include a classified 
annex.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of contents for the Homeland Se-
curity Act of 2002 (Public Law 107–296) is amend-
ed by striking the items relating to subtitle B of title
II and sections 211 through 215 and inserting the 
following: 
‘‘Subtitle B—Protection of Voluntarily Furnished Confidential Information 
‘‘Sec. 211. Protection of voluntarily furnished confidential information.’’. 
(b) CREATION OF TRANSPARENCY IN AGENCY COM-
PLIANCE WITH THE FREEDOM OF INFORMATION ACT.— 
(1) ADDITIONAL
MATTERS
COVERED
BY
RE-
PORT.—Section 552(e)(1) of title 5, United States 
Code, is amended— 
(A) by striking ‘‘fiscal year and which’’ 
and inserting ‘‘fiscal year. Information in the 
report shall be expressed in terms of each prin-
cipal component of the agency and’’; 
(B) in subparagraph (E), by inserting be-
fore the semicolon ‘‘, based on the date on 
which the requests were originally filed with the 
agency’’; and 
(C) by redesignating subparagraphs (F) 
and (G) as subparagraphs (L) and (M), respec-
tively, and inserting after subparagraph (E) the 
following new subparagraphs: 
‘‘(F) based on the number of business days 
that have elapsed since each request was origi-
nally filed with the agency— 
‘‘(i) the number of requests for 
records for which the agency has re-
sponded with a determination up to and 
including 20 days, and in 20 day incre-
ments up to and including 200 days; 
‘‘(ii) the number of requests for 
records for which the agency has re-
sponded with a determination greater than 
200 days and less than 301 days; 
‘‘(iii) the number of requests for 
records for which the agency has re-
sponded with a determination greater than 
300 days and less than 401 days; 
‘‘(iv) the number of requests for 
records for which the agency has re-
sponded with a determination greater than 
400 days; 
‘‘(v) the average number of days for 
the agency to respond to a request; 
‘‘(G) data on the 10 requests for records 
with the earliest filing dates pending before the 
agency as of September 30 of the preceding 
year, including the number of business days 
that have elapsed since each of the requests was 
originally filed with the agency; 
‘‘(H) data on the 10 active administrative 
appeals with the earliest filing dates pending
before the agency as of September 30 of the 
preceding year, including the number of busi-
ness days that have elapsed since the requests 
were originally filed with the agency; 
‘‘(I) the median and average number of 
days for the agency to respond to administra-
tive appeals based on the date on which the ap-
peals originally were filed with the agency; the 
highest number of business days taken by the 
agency to respond to an administrative appeal; 
and the lowest number of business days taken 
by the agency to respond to an administrative 
appeal; 
‘‘(J) the number of fee status requests 
that are granted and denied, and the average 
number of days for adjudicating fee status de-
terminations; 
‘‘(K) the number of expedited review re-
quests that are granted and denied, and the av-
erage number of days for adjudicating expe-
dited review requests;’’. 
(2) NO
AGGREGATION
OF
REPORTS.—Section 
552(e) of such title is further amended by adding at 
the end the following new paragraph:
‘‘(6) The reports required by this section shall not 
aggregate requests for records to the agency made under 
subsection (a) with requests for records to the agency 
made by first parties under section 552a of this title.’’. 
(c) INCREASED FEASIBILITY
OF CITIZEN GROUP 
CHALLENGES TO IMPROPER WITHHOLDING OF GOVERN-
MENT INFORMATION.—Section 552(a)(4)(E) of title 5, 
United States Code, is amended— 
(1) by inserting ‘‘, or in any case seeking infor-
mation from a Federal agency or official under any 
other Federal law,’’ after ‘‘case under this section’’; 
and 
(2) by adding at the end the following: ‘‘For 
purposes of this section, a complainant has ‘substan-
tially prevailed’ if the complainant has obtained 
some of its requested relief through a judicial or ad-
ministrative order or an enforceable written agree-
ment, or if the complainant’s pursuit of a nonfrivo-
lous claim or defense has been a catalyst for a vol-
untary or unilateral change in position by the oppos-
ing party that provides any significant part of the 
relief sought.’’. 
Æ