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