In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Invest in Energy Security Act''.

SEC. 2. STRATEGIC PETROLEUM RESERVE.

    (a) Petroleum Acquisition for the Strategic Petroleum Reserve.--
Section 301(e)(1) of the Energy Policy Act of 2005 (42 U.S.C. 6240 
note) is amended to read as follows:
            ``(1) In general.--The Secretary shall, as expeditiously as 
        practical, without incurring excessive cost or appreciably 
        affecting the price of petroleum products to consumers, acquire 
        petroleum in quantities sufficient to fill the available 
        capacity of the Strategic Petroleum Reserve, subject to the 
        following limitations:
                    ``(A) Suspension of royalty-in-kind transfers to 
                the strategic petroleum reserve.--No later than 
                September 30, 2008, the Secretary shall sell 13,000,000 
                barrels of petroleum received under the royalty-in-kind 
                program. Beginning October 1, 2008, the Secretary shall 
                suspend acquisition of petroleum for the Strategic 
                Petroleum Reserve under the Royalty-In-Kind program, 
                subject to resumption as provided in subparagraph (B).
                    ``(B) Resumption of petroleum acquisition for the 
                strategic petroleum reserve.--The Secretary may resume 
                acquisition of petroleum for the Strategic Petroleum 
                Reserve 30 days after notification to Congress that--
                            ``(i)(I) the Secretary projects that the 
                        United States will fall short of its 
                        commitments under the International Energy 
                        Program within a period of 24 months from the 
                        date of the projection; or
                            ``(II) the weighted average price of 
                        petroleum for the most recent 90 day period is 
                        at least 25 percent less than the 24-month 
                        historical average price; and
                            ``(ii) that resumption of Strategic 
                        Petroleum Reserve fill will not have an 
                        appreciable effect on the price of petroleum 
                        products to consumers within the following 12-
                        month period after the resumption of 
                        acquisition.
                    ``(C) Future suspension of strategic petroleum 
                reserve petroleum acquisition.--During any period in 
                which the Secretary is acquiring petroleum for the 
                Strategic Petroleum Reserve, the Secretary shall 
                suspend acquisition activities if--
                            ``(i) the monthly weighted average price of 
                        petroleum increases by more than 20 percent 
                        over any period of 6 months or less; or
                            ``(ii) the Secretary determines that 
                        continued Strategic Petroleum Reserve fill may 
                        have an appreciable impact on prices of 
                        petroleum products in future months.''.
    (b) Revised Procedures.--No later than 60 days after the date of 
the enactment of this section, the Secretary shall publish revised 
procedures under section 301(e)(2) of the Energy Policy Act of 2005 
consistent with the provisions contained in the amendment made by 
subsection (a).

SEC. 3. ENERGY INDEPENDENCE AND SECURITY FUND.

    (a) Establishment.--There is hereby established in the Treasury of 
the United States the ``Energy Independence and Security Fund'' 
(hereinafter in this section referred to as ``the Fund'').
    (b) Administration.--The Secretary of Energy shall be responsible 
for administering the Fund for the purpose of carrying out this 
section.
    (c) Deposits.--All proceeds from sales of petroleum from the 
Strategic Petroleum Reserve, as authorized in section 301(e)(1) of the 
Energy Policy Act of 2005 (as amended by section 2 of this Act), after 
deduction of the direct administrative costs associated with such 
sales, shall be deposited in the Fund.
    (d) Distribution of Funds.--The Secretary shall make available for 
obligation, without further appropriation and without fiscal year 
limitation, the following amounts from the Fund:
            (1) Advanced research projects agency--energy.--For fiscal 
        year 2008, the Secretary shall transfer $100,000,000 to the 
        ``Energy Transformation Acceleration Fund'', as authorized in 
        section 5012(m) of the America COMPETES Act (42 U.S.C. 
        16538(m)), to remain available until expended. Of the funds 
        transferred, the Secretary shall further allocate the amounts 
        made available for obligation as follows:
                    (A) $50,000,000 shall be available for university-
                based research projects.
                    (B) $10,000,000 shall be available for program 
                direction expenses.
            (2) Rural wind energy.--For fiscal year 2008, the Secretary 
        shall transfer $15,000,000 to the account ``Energy Efficiency 
        and Renewable Energy'', to remain available until expended, for 
        necessary expenses for a program to support the development of 
        infrastructure necessary for deployment of wind energy systems 
        in rural areas, as authorized in section 931(f)(1) of the 
        Energy Policy Act of 2005 (42 U.S.C. 16231(f)(1)).
            (3) Solar energy research and development.--For fiscal year 
        2008, the Secretary shall transfer $30,000,000 to the account 
        ``Energy Efficiency and Renewable Energy'', to remain available 
        until expended, for necessary expenses for a program to 
        accelerate the research, development, demonstration, and 
        deployment of solar energy technologies, as authorized by 
        section 931(a)(2)(A) of the Energy Policy Act of 2005 (42 
        U.S.C. 16231(a)(2)(A)).
            (4) Low income weatherization.--For fiscal year 2008, the 
        Secretary shall transfer $100,000,000 to the account 
        ``Weatherization Assistance Program'', to remain available 
        until expended, for necessary expenses for a program to 
        weatherize low income housing, as authorized by section 411 of 
        the Energy Independence and Security Act of 2007 (Public Law 
        110-140).
            (5) Marine and hydrokinetic renewable electric energy.--For 
        fiscal year 2008, the Secretary shall transfer $30,000,000 to 
        the account ``Energy Efficiency and Renewable Energy'', to 
        remain available until expended, for necessary expenses for a 
        program to accelerate the research, development, demonstration, 
        and deployment of ocean and wave energy, including hydrokinetic 
        renewable energy, as authorized by section 931 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16231) and section 636 of the 
        Energy Independence and Security Act of 2007 (Public Law 110-
        140).
            (6) Industrial energy efficiency research and 
        development.--For fiscal year 2008, the Secretary shall 
        transfer $110,000,000 to the account ``Energy Efficiency and 
        Renewable Energy'', to remain available until expended, for 
        necessary expenses for a program to accelerate the research, 
        development, demonstration, and deployment of new technologies 
        to improve the energy efficiency and reduce greenhouse gas 
        emissions from industrial processes, as authorized in section 
        911(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 
        16191(a)(2)(C)) and in section 452 of the Energy Independence 
        and Security Act of 2007 (Public Law 110-140).
            (7) Building energy efficiency research and development.--
        For fiscal year 2008, the Secretary shall transfer $70,000,000 
        to the account ``Energy Efficiency and Renewable Energy'', to 
        remain available until expended, for necessary expenses for a 
        program to accelerate the research, development, demonstration, 
        and deployment of new technologies to improve the energy 
        efficiency and reduce greenhouse gas emissions from buildings, 
        as authorized in section 422 of the Energy Independence and 
        Security Act of 2007 (Public Law 110-140).
            (8) Energy storage for transportation and electric power 
        applications.--For fiscal year 2008, the Secretary shall 
        transfer $30,000,000 to the account ``Energy Efficiency and 
        Renewable Energy'', to remain available until expended, for 
        necessary expenses for a program to accelerate the research, 
        development, demonstration, and deployment of new materials for 
        improving the energy efficiency of transportation, electric 
        power and other technologies, as authorized by section 641 of 
        the Energy Independence and Security Act of 2007 (Public Law 
        110-140).
            (9) Geothermal energy development.--(A) For fiscal year 
        2008, the Secretary shall transfer $30,000,000 to the account 
        ``Energy Efficiency and Renewable Energy'', to remain available 
        until expended, for necessary expenses for a program for 
        geothermal research and development activities to be managed by 
        the National Renewable Energy Laboratory, as authorized by 
        section 931(a)(2)(C) of the Energy Policy Act of 2005 (42 
        U.S.C. 16231(a)(2)(C)); and
            (B) For fiscal year 2008, the Secretary shall transfer 
        $30,000,000 to the account ``Fossil Energy Research and 
        Development'', to remain available until expended, for 
        necessary expenses for a program of advanced geothermal 
        drilling and resource characterization to be managed by the 
        National Energy Technology Laboratory.
            (10) Carbon capture and storage.--For fiscal year 2008, the 
        Secretary shall transfer $385,000,000 to the account ``Fossil 
        Energy Research and Development'', to remain available until 
        expended, for necessary expenses for a program of demonstration 
        projects of carbon capture and storage, as authorized by 
        sections 702 and 703 of the Energy Independence and Security 
        Act of 2007 (Public Law 110-140). Notwithstanding any other 
        provision of law, one of the demonstration projects shall be a 
        component of the FutureGen project.
            (11) Nonconventional domestic natural gas and petroleum 
        production and environmental research.--
                    (A) For fiscal year 2008, the Secretary shall 
                transfer $50,000,000 to the ``Ultra-Deepwater and 
                Unconventional Natural Gas and Other Petroleum Research 
                Fund'', to remain available until expended, as 
                authorized by section 999H(e) of the Energy Policy Act 
                of 2005 (42 U.S.C. 16378(e)).
                    (B) For fiscal year 2008, the Secretary shall 
                transfer $15,000,000 to the account ``Fossil Energy 
                Research and Development'', to remain available until 
                expended, for necessary expenses for a program of 
                environmental research in support of small producers of 
                domestic petroleum and natural gas, for regulatory 
                analysis and for support for the stripper well 
                consortium.
            (12) Hydrogen research and development.--For fiscal year 
        2008, the Secretary shall transfer $5,000,000 to the account 
        ``Energy Efficiency and Renewable Energy'', to remain available 
        until expended, for necessary expenses for the Department's H-
        Prize Program, as authorized by section 654 of the Energy 
        Independence and Security Act of 2007 (Public Law 110-140).
    (e) Amendments.--(1) Section 999F of the Energy Policy Act of 2005 
(42 U.S.C. 16376) is amended by striking ``2014'' and inserting 
``2017''.
    (2) Section 999B(e) of that Act (42 U.S.C.16372(e)) is amended by 
striking paragraph (3) and inserting the following:
            ``(3) Publication.--The Secretary shall publish in the 
        Federal Register the annual plan, along with any written 
        comments received under paragraph (2)(A) and (B).''.
    (3) Section 999H(b) of that Act (42 U.S.C.16378(b)) is amended by 
inserting ``, and shall be exempt from subchapter II of chapter 15 of 
title 31, United States Code'' after ``available until expended''.
    (f) Transfer Procedures.--The Secretary shall make an initial 
transfer from the Fund no later than 30 days after the initial deposit 
of monies into the Fund. The Secretary shall make additional transfers 
no later than 30 days after subsequent deposits, until the full amounts 
authorized for fiscal 2008 have been transferred. To the extent that 
any transfer in fiscal 2008 is less than the authorized total, the 
transfers shall be made on a pro rata basis.
    (g) Management and Oversight.--
            (1) Additionality of fiscal year 2008 transfers.--All 
        amounts transferred under subsection (d)(1) shall be in 
        addition to, and shall not be substituted for, any funds 
        appropriated for the same or similar purposes in the 
        Consolidated Appropriations Act, 2008.
            (2) Program plans and performance measures.--The Secretary 
        shall prepare and publish in the Federal Register a plan for 
        the proposed use of all funds authorized in subsection (d). The 
        plan also shall identify how the use of these funds will be 
        additive to, and not displace annual appropriations. The plans 
        also shall identify performance measures to assess the 
        additional benefits that may be realized from the application 
        of the additional funding provided under this section. The 
        initial plan shall be published in the Federal Register within 
        90 days from enactment of this section, and shall be updated 
        annually and submitted to Congress together with the 
        President's budget.
            (3) Congressional oversight and review.--Nothing in this 
        section shall limit or restrict the review and oversight of 
        program plans by the appropriate committees of Congress. 
        Nothing in this section shall limit or restrict the authority 
        of Congress to set alternative spending limitations in annual 
        appropriations Acts.
            (4) Apportionment.--All transactions of the Fund shall be 
        exempt from apportionment under the provisions of subchapter II 
        of chapter 15 of title 31, United States Code.
            (5) Use of other transactions authority.--(A) Any 
        solicitation for research, development, or demonstration 
        project proposals to be funded under this section shall provide 
        for and encourage the use of Other Transactions Authority, 
        including Technology Investment Agreements as authorized by 
        section 646(g) of the Department of Energy Organization Act (42 
        U.S.C. 7256) and Part 603 of the Department of Energy 
        Acquisition Regulation.
            (B) Any solicitation for a commercial demonstration project 
        under this section shall require the use of Other Transactions 
        Authority, including Technology Investment Agreements, as 
        authorized by section 646(g) of the Department of Energy 
        Organization Act (42 U.S.C. 7256) and Part 603 of the 
        Department of Energy Acquisition Regulation.
[EX A]: Invest in Energy Security Act - Amends the Energy Policy Act of 2005 governing petroleum acquisition for the Strategic Petroleum Reserve (SPR) to direct the Secretary of Energy to: (1) sell specified quantities of petroleum received under the royalty-in-kind program; and (2) suspend petroleum acquisition for the SPR under such program.

Authorizes the Secretary to resume such acquisition upon notifying Congress that specified circumstances exist, and to suspend acquisition again if certain other circumstances arise.



Establishes the Energy Independence and Security Fund to receive all proceeds from sales of SPR petroleum.

Allocates amounts from such Fund for: (1) the Energy Transformation Acceleration Fund for university-based research projects and program direction expenses; (2) Energy Efficiency and Renewable Energy account for rural wind energy systems; (3) solar energy technologies; (4) weatherization assistance for low-income housing; (5) ocean and wave energy, including hydrokinetic renewable energy; (6) technologies to improve the energy efficiency and reduce greenhouse gas emissions from industrial processes and from buildings; (7) improvements to the energy efficiency of transportation and electric power; (8) geothermal research and development managed by the National Renewable Energy Laboratory; (9) advanced geothermal drilling and resource characterization managed by National Energy Technology Laboratory; (10) carbon capture and storage; (11) Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund; (12) environmental research in support of small producers of domestic petroleum and natural gas, for regulatory analysis and for support for the stripper well consortium; and (13) the H-Prize Program of the Department of Energy.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Citizen Petition Fairness and 
Accuracy Act of 2006''.

SEC. 2. CITIZEN PETITIONS AND PETITIONS FOR STAY OF AGENCY ACTION.

    Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(j)(5)) is amended by adding at the end the following:
    ``(G)(i) Notwithstanding any other provision of law, any petition 
submitted under section 10.30 or section 10.35 of title 21, Code of 
Federal Regulations (or any successor regulation), shall include a 
statement that to the petitioner's best knowledge and belief, the 
petition--
            ``(I) includes all information and views on which the 
        petitioner relies, including all representative data and 
        information known to the petitioner that is favorable or 
        unfavorable to the petition;
            ``(II) is well grounded in fact and is warranted by law;
            ``(III) is not submitted for an improper purpose, such as 
        to harass or cause unnecessary delay (including unnecessary 
        delay of competition or agency action); and
            ``(IV) does not contain a materially false, misleading, or 
        fraudulent statement.
    ``(ii) The Secretary shall investigate, on receipt of a complaint, 
a request under clause (vi), or on its own initiative, any petition 
submitted under such section 10.30 or section 10.35 (or any successor 
regulation), that--
            ``(I) does not comply with the requirements of clause (i);
            ``(II) may have been submitted for an improper purpose as 
        described in clause (i)(III); or
            ``(III) may contain a materially false, misleading, or 
        fraudulent statement as described in clause (i)(IV).
    ``(iii) If the Secretary finds that the petitioner has knowingly 
and willingly submitted the petition for an improper purpose as 
described in clause (i)(III), or which contains a materially false, 
misleading, or fraudulent statement as described in clause (i)(IV), the 
Secretary may--
            ``(I) impose a civil penalty of not more than $1,000,000, 
        plus attorneys fees and costs of reviewing the petition and any 
        related proceedings;
            ``(II) suspend the authority of the petitioner to submit a 
        petition under such section 10.30 or section 10.35 (or any 
        successor regulation), for a period of not more than 10 years;
            ``(III) revoke permanently the authority of the petitioner 
        to submit a petition under such section 10.30 or section 10.35 
        (or any successor regulation); or
            ``(IV) dismiss the petition at issue in its entirety.
    ``(iv) If the Secretary takes an enforcement action described in 
subclause (I), (II), (III), or (IV) of clause (iii) with respect to a 
petition, the Secretary shall refer that petition to the Federal Trade 
Commission for further action as the Federal Trade Commission finds 
appropriate.
    ``(v) In determining whether to take an enforcement action 
described in subclause (I), (II), (III), or (IV) of clause (iii) with 
respect to a petition, and in determining the amount of any civil 
penalty or the length of any suspension imposed under that clause, the 
Secretary shall consider the specific circumstances of the situation, 
such as the gravity and seriousness of the violation involved, the 
amount of resources expended in reviewing the petition at issue, the 
effect on marketing of competing drugs of the pendency of the 
improperly submitted petition, including whether the timing of the 
submission of the petition appears to have been calculated to cause 
delay in the marketing of any drug awaiting approval, and whether the 
petitioner has a history of submitting petitions in violation of this 
subparagraph.
    ``(vi)(I) Any person aggrieved by a petition filed under such 
section 10.30 or section 10.35 (or any successor regulation), including 
a person filing an application under subsection (b)(2) or (j) of this 
section to which such petition relates, may request that the Secretary 
initiate an investigation described under clause (ii) for an 
enforcement action described under clause (iii).
    ``(II) The aggrieved person shall specify the basis for its belief 
that the petition at issue is false, misleading, fraudulent, or 
submitted for an improper purpose. The aggrieved person shall certify 
that the request is submitted in good faith, is well grounded in fact, 
and not submitted for any improper purpose. Any aggrieved person who 
knowingly and intentionally violates the preceding sentence shall be 
subject to the civil penalty described under clause (iii)(I).
    ``(vii) The Secretary shall take final agency action with respect 
to a petition filed under such section 10.30 or section 10.35 (or any 
successor regulation) within 6 months of receipt of such petition. The 
Secretary shall not extend such 6-month review period, even with 
consent of the petitioner, for any reason, including based upon the 
submission of comments relating to a petition or supplemental 
information supplied by the petitioner. If the Secretary has not taken 
final agency action on a petition by the date that is 6 months after 
the date of receipt of the petition, such petition shall be deemed to 
have been denied on such date.
    ``(viii) The Secretary may promulgate regulations to carry out this 
subparagraph, including to determine whether petitions filed under such 
section 10.30 or section 10.35 (or any successor regulation) merit 
enforcement action by the Secretary under this subparagraph.''.
[EX A]: Citizen Petition Fairness and Accuracy Act of 2006 - Amends the Federal Food, Drug, and Cosmetic Act to require that any citizen petition or request for stay of action related to an abbreviated new drug application include a statement that the petition: (1) includes all information and views on which the petitioner relies; (2) is well grounded in fact and warranted by law; (3) is not submitted for an improper purpose; and (4) does not contain a materially false, misleading, or fraudulent statement. Requires the Secretary of Health and Human Services to investigate any petition that does not comply.

Allows the Secretary to impose penalties for knowingly and willfully submitting a petition for an improper purpose or that contains a materially false, misleading, or fraudulent statement. Provides that such penalties may include: (1) civil penalty; (2) suspension or revocation of the authority to submit a petition; and (3) dismissal of the petition. Requires the Secretary to refer such a violative petition to the Federal Trade Commission (FTC) for further action. Sets forth the factors that the Secretary shall consider in taking an enforcement action or determining the penalty.

Permits any person aggrieved by a petition that may contain violations to request the Secretary to investigate. Subjects knowing and intentional violative requests to civil penalties.

Requires the Secretary to take final agency action on such a petition within six months.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Open Government Act of 
2004''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of Contents.
                    TITLE I--FREEDOM OF INFORMATION

Sec. 101. Revocation of the Ashcroft Memo and the Card Memo.
Sec. 102. Findings and policy relating to disclosure of information 
                            under the Freedom of Information Act.
Sec. 103. Protection of voluntarily furnished confidential information.
                     TITLE II--PRESIDENTIAL RECORDS

Sec. 201. Revocation of Executive Order of November 1, 2001.
                     TITLE III--ADVISORY COMMITTEES

Sec. 301. Presidential inter-agency advisory committees.
                TITLE IV--CLASSIFICATION OF INFORMATION

Sec. 401. Reducing excessive classification of information.
                       TITLE V--OTHER PROVISIONS

Sec. 501. Citizen actions.

                    TITLE I--FREEDOM OF INFORMATION

SEC. 101. REVOCATION OF THE ASHCROFT MEMO AND THE CARD MEMO.

    The ``Memorandum for Heads of all Federal Departments and 
Agencies'' on ``The Freedom of Information Act'' issued by Attorney 
General John Ashcroft on October 12, 2001, and the ``Memorandum for the 
Heads of Executive Department and Agencies'' on ``Action to Safeguard 
Information Regarding Weapons of Mass Destruction and Other Sensitive 
Documents Related to Homeland Security'' issued by Andrew H. Card, Jr., 
Assistant to the President and Chief of Staff on March 19, 2002, shall 
have no force or effect.

SEC. 102. FINDINGS AND POLICY RELATING TO DISCLOSURE OF INFORMATION 
              UNDER THE FREEDOM OF INFORMATION ACT.

    (a) Findings.--Congress finds the following:
            (1) Public access to information held by the Federal 
        Government is vitally important to the functioning of a 
        democratic society.
            (2) The Freedom of Information Act was enacted to ensure 
        such public access to information.
            (3) The Freedom of Information Act specifies limited 
        exemptions to the general requirement for disclosure, where 
        disclosure could potentially threaten other important public 
        policy goals.
            (4) In establishing the categories of exempt information 
        under the Freedom of Information Act, Congress allowed agencies 
        to withhold information in those categories, but did not in any 
        way mandate or encourage such withholding.
    (b) Policy.--The policy of the Federal Government is to release 
information to the public in response to a request under the Freedom of 
Information Act--
            (1) if such release is required by law; or
            (2) if such release is allowed by law and the agency 
        concerned does not reasonably foresee that disclosure would be 
        harmful to an interest protected by an applicable exemption.
    (c) Guidance.--All guidance provided to Federal Government 
employees responsible for carrying out the Freedom of Information Act 
shall be consistent with the policy set forth in subsection (b).

SEC. 103. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION.

    (a) In General.--Title II of the Homeland Security Act of 2002 
(Public Law 107-296) is amended by striking subtitle B and inserting 
the following:

    ``Subtitle B--Protection of Voluntarily 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 
                        requiring that record to be submitted; and
                            ``(ii) is not submitted or used to satisfy 
                        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 rulings), 
                        or other approval from the Government.
                    ``(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 provision of law, a 
record pertaining to the vulnerability of and threats to critical 
infrastructure (such as attacks, response, and recovery efforts) that 
is furnished voluntarily to the Department shall not be made available 
under section 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 Department, 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 voluntarily 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 Department 
                        for processing and response in accordance with 
                        this section.
                    ``(B) Segregable portion of record.--Any reasonably 
                segregable portion of a record shall be provided to the 
                person requesting the record after deletion of any 
                portion which is exempt under this section.
            ``(2) Disclosure of independently furnished 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 Designation.--The provider of a 
record that is furnished voluntarily 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 confidentiality 
        of records furnished voluntarily; and
            ``(5) the withdrawal of the confidential designation of 
        records under subsection (d).
    ``(f) Effect on State and Local Law.--Nothing in this section shall 
be construed as preempting or otherwise modifying State or local law 
concerning the disclosure of any information that a State or local 
government receives independently of the Department.
    ``(g) Report.--
            ``(1) Requirement.--Not later than 18 months after the date 
        of the enactment of the Restore Open Government Act of 2004, 
        the Comptroller 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 agencies, 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 Comptroller 
                General considers appropriate regarding improvements in 
                the collection and analysis of sensitive information 
                held by persons in the private sector, or by State and 
                local agencies, relating to vulnerabilities of and 
                threats to critical infrastructure, including the 
                response to such vulnerabilities and threats.
            ``(2) Committees of congress.--The committees of Congress 
        specified in this paragraph are--
                    ``(A) the Committees on the Judiciary and 
                Governmental Affairs of the Senate; and
                    ``(B) the Committees on the Judiciary and 
                Government Reform and Oversight of the House of 
                Representatives.
            ``(3) Form.--The report shall be submitted in unclassified 
        form, but may include a classified annex.''.
    (b) Technical and Conforming Amendment.--The table of contents for 
the Homeland Security Act of 2002 (Public Law 107-296) is amended 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.''.

                     TITLE II--PRESIDENTIAL RECORDS

SEC. 201. REVOCATION OF EXECUTIVE ORDER OF NOVEMBER 1, 2001.

    Executive Order number 13233, dated November 1, 2001 (66 Fed. Reg. 
56025), shall have no force or effect, and Executive Order number 
12667, dated January 18, 1989 (54 Fed. Reg. 3403), shall apply by its 
terms.

                     TITLE III--ADVISORY COMMITTEES

SEC. 301. PRESIDENTIAL INTER-AGENCY ADVISORY COMMITTEES.

    (a) Definition.--The term ``Presidential inter-agency advisory 
committee'' is any committee or task force that--
            (1) is composed wholly of full-time, or permanent part-
        time, officers or employees of the Federal Government;
            (2) includes officers or employees of at least two separate 
        Federal agencies;
            (3) is established or utilized to provide advice, ideas, or 
        recommendations to the President or Vice President on a 
        specified topic or topics; and
            (4) has at least one officer or employee assigned full-time 
        as a staff member of the committee to support the functions of 
        the committee.
    (b) Requirements.--
            (1) The President shall ensure that the names of the 
        members of the committee are published in the Federal Register.
            (2) The committee must make public each substantive contact 
        between the advisory committee, or individual members of the 
        advisory committee acting on the committee's behalf, and any 
        person who is not a full-time or permanent part-time officer or 
        employee of the Federal Government, including--
                    (A) the date of the contact;
                    (B) the form of the contact (in person, by 
                telephone, by e-mail, or in writing);
                    (C) the names and affiliations of the parties 
                involved; and
                    (D) the substance of the communication and the 
                communication itself, if in electronic or written form.
            (3) For purposes of this subsection, a contact shall be 
        considered substantive if the information conveyed influenced 
        or was reflected in any way in the committee's advice, 
        recommendations, or report to the President or Vice President.

                TITLE IV--CLASSIFICATION OF INFORMATION

SEC. 401. REDUCING EXCESSIVE CLASSIFICATION OF INFORMATION.

    As soon as possible, but in no event later than 180 days after the 
date of the enactment of this Act, the President shall require Federal 
departments and agencies to promote a culture of information sharing by 
reducing disincentives to information sharing, including 
overclassification of information and unnecessary requirements for 
originator approval.

                       TITLE V--OTHER PROVISIONS

SEC. 501. CITIZEN ACTIONS.

    Section 552(a)(4)(E) of title 5, United States Code, is amended--
            (1) by inserting ``, or in any case seeking information 
        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 `substantially prevailed' if 
        the complainant has obtained some of its requested relief 
        through a judicial or administrative order or an enforceable 
        written agreement, or if the complainant's pursuit of a 
        nonfrivolous claim or defense has been a catalyst for a 
        voluntary or unilateral change in position by the opposing 
        party that provides any significant part of the relief 
        sought.''.
[EX A]:
Restore Open Government Act of 2004 - Revokes: (1) the " Memorandum for Heads of all Federal Departments and Agencies" on "The Freedom of Information Act" issued by Attorney General John Ashcroft on October 12, 2001; and (2) the "Memorandum for the Heads of Executive Department and Agencies" on "Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security" issued by Andrew H. Card, Jr., Assistant to the President and Chief of Staff on March 19, 2002.

Declares that the policy of the Federal Government is to release information to the public in response to a request under the Freedom of Information Act (FOIA) if such release is: (1) required by law; or (2) allowed by law and the agency concerned does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption. Instructs that all guidance provided to Federal agencies shall be consistent with such policy.

 Prohibits a record pertaining to the vulnerability of and threats to critical infrastructure that is furnished voluntarily to the Department of Homeland Security (DHS) from being made available under the FOIA 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 as confidential and not customarily made available to the public. (Allows the provider of such a record at any time to to withdraw the confidential designation.) Requires a Federal agency in receipt of a record that was furnished voluntarily to DHS and subsequently shared with that agency, upon receipt of a FOIA request, to: (1) not make the record available; and (2) refer the request to DHS for processing and response in accordance with this Act.

Revokes Executive Order 13233 (relating to further implementation of the Presidential Records Act), dated November 1, 2001 and makes effective Executive Order 12667 (relating to Presidential records), dated January 18, 1989.

Directs the President to ensure that the names of Presidential interagency advisory committee members are published in the Federal Register. Mandates that such a committee must make public each substantive contact between the advisory committee, or individual committee members acting on the committee's behalf, and any person who is not a full-time or permanent part-time officer or employee of the Government.

Directs the President to require Federal departments and agencies to promote a culture of information sharing by reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval.

Amends the FOIA to permit a U.S. district court to assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case seeking information from a Federal agency or official under any other Federal law in which the complainant has substantially prevailed.