,,ii #aacth ,,congress #ast ,session ,s4 #edi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ac1 #bjac ,mr4 ,tester introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to establish an advisory committee to issue nonbinding governmentwide guidelines on making public information available on the ,internet1 to require publicly available ,government information held by the executive branch to be made available on the ,internet1 to express the sense of ,congress that publicly available information held by the legislative and judicial branches should be available on the ,internet1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,online ,information ,act of #bjac4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,purposes4 ,sec4 #e4 ,findings of ,congress4 ,sec4 #f4 ,establishment of ,public ,online ,information ,advisory ,committee4 ,sec4 #g4 ,executive branch ,internet publication mandate4 ,sec4 #h4 ,legislative and judicial information4 ,sec4 #i4 ,government ,printing ,office4 #c4 ,definitions ,in this ,act3 7#a7 ,advisory ,committee ,the term advisory committee means the ,public ,online ,information ,advisory ,committee established under section #f4 7#b7 ,agency ,the term agency means an executive agency or an independent regulatory agency4 7#c7 ,,cio ,the term ,,cio means a chief information officer of an independent regulatory agency4 7#d7 ,executive agency ,the term executive agency means any of the following3 7,a7 ,an executive department1 as defined in section #aja of title #e1 ,united ,states ,code4 7,b7 ,a military department1 as defined in section #ajb of such title4 7,c7 ,a ,government corporation1 as defined in section #ajc of such title4 7,d7 ,any other establishment in the executive branch of the ,government 7including the ,executive ,office of the ,president71 other than an independent regulatory agency4 7#e7 ,independent ,regulatory ,agency ,the term independent regulatory agency means an independent establishment1 as defined in section #ajd of title #e1 ,united ,states ,code4 7#f7 ,record ,the term record-- 7,a7 has the meaning provided the term records in section #ccja of title #dd1 ,united ,states ,code2 and 7,b7 includes contracts entered into by persons working as agents of the ,federal ,government1 including records in the possession of ,government contractors4 7#g7 ,public ,record ,the term public record means any record1 regardless of form or format1 that an agency discloses1 publishes1 disseminates1 or makes available to the public4 7#h7 ,e-,government ,administrator ,the term ,e-,government ,administrator means the ,administrator of the ,office of ,electronic ,government established under section #cfjb of title #dd1 ,united ,states ,code4 #d4 ,purposes ,the purposes of this ,act include the following3 7#a7 ,to establish an advisory committee to issue nonbinding guidelines for all three branches of ,government regarding making public information available on the ,internet1 with sufficient flexibility to adapt to changes in technology4 7#b7 ,to empower the ,e-,government ,administrator to establish binding rules concerning making publicly available ,government information held by executive agencies to be made available on the ,internet1 and to empower independent regulatory agencies to do the same4 7#c7 ,to express the sense of ,congress that publicly available information held by the legislative and judicial branches should be available on the ,internet4 7#d7 ,to encourage the ,government ,printing ,office to make all of its publications available on the ,internet in the formats most useful to the public1 after having considered the formats identified by the ,advisory ,committee4 #e4 ,findings of ,congress ,congress finds the following3 7#a7 ,the ,federal ,government holds a vast repository of public information4 ,throughout the history of the ,united ,states1 the ,government has attempted to make that information available to the public1 whether through the ,united ,states ,postal ,service1 the ,federal ,depository ,library ,program1 the ,presidential ,library ,system1 ,agency ,reading ,rooms1 under section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act71 or by other means4 ,providing this information to the general public is a public good3 ,informed citizens are informed voters4 ,however1 even with these efforts1 ,government information is too often hard to find1 difficult to understand1 expensive to obtain in useful formats1 and available in only a few locations4 7#b7 ,the advent of the ,internet presents the opportunity for the ,government to make information readily available to many more people in the ,united ,states4 ,the ,internet is ubiquitous1 turning every computer into a portal to the largest library in the world4 ,the ,government has made some efforts to take advantage of this new medium4 ,as the public moves online1 the ,government must do so as well4 7#c7 ,in addition to the traditional means of disseminating public information1 the ,federal ,government should make all of its public information available on the ,internet4 ,it should do so in ways that take advantage of modern technology1 that anticipate the needs of the public1 and that provide access to the greatest number of people4 ,the ,government should strive to make its information available on the ,internet in real-time and in machine processable formats4 7#d7 ,the creation of this vast new information library will empower citizens of the ,united ,states to gain a better understanding of how their ,government functions and what it does in their name4 ,it will also give innovators new tools to build on this information and provide better goods and services to the people of the ,united ,states4 ,government services will be provided more efficiently1 saving the taxpayers money and allowing them to be more involved in the lives of their communities4 7#e7 ,accomplishing these goals requires significant coordination4 ,it also requires the creation of new authorities and responsibilities within the ,government1 and the identification of appropriate technology standards4 #f4 ,establishment of ,public ,online ,information ,advisory ,committee 7a7 ,establishment ,there is established an advisory committee to be known as the ,public ,online ,information ,advisory ,committee4 7b7 ,purposes ,the purposes of the ,advisory ,committee are-- 7#a7 to coordinate and encourage the efforts of the ,government to make ,government information from all three branches of ,government available on the ,internet2 and 7#b7 to issue nonbinding guidelines on how the ,government should make public information available on the ,internet1 and update the guidelines as appropriate4 7c7 ,membership 7#a7 ,in general ,the ,advisory ,committee shall be composed of #ai members 7including the ,chair71 of whom-- 7,a7 #f members shall be appointed by the ,e-,government ,administrator2 7,b7 #f members shall be appointed by the ,director of the ,administrative ,office of the ,courts2 7,c7 #c members shall be appointed by the ,chairman1 in consultation with the ,ranking ,member1 of the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 with not more than #b members chosen being from the party in the majority of the ,senate at the time of appointment2 and 7,d7 #c members shall be appointed by the ,chair1 in consultation with the ,ranking ,member1 of the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 with not more than #b members chosen being from the party in the majority of the ,house of ,representatives at the time of appointment4 7#b7 ,diversity of experience ,the members of the ,advisory ,committee shall represent a diverse range of perspectives1 including members-- 7,a7 from non-profit organizations2 and 7,b7 with expertise in relevant subject areas4 7#c7 ,chair ,the ,chair shall be appointed by the ,administrator of ,general ,services1 after conferring with the ,e-,government ,administrator1 the ,director of the ,administrative ,office of the ,courts1 the ,chairman of the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,chair of the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7#d7 ,vice chair ,a ,vice ,chair shall be selected from among the members of the ,advisory ,committee by the ,chair4 7#e7 ,limitation on ,government employee members ,not more than #f members of the ,advisory ,committee may be ,government employees4 7#f7 ,terms of office ,each member of the ,advisory ,committee shall be appointed for a renewable term of #e years1 except that-- 7,a7 #a_/c of the members initially appointed shall be appointed for a #c-year term2 7,b7 #a_/c of the members initially appointed shall be appointed for a #d-year term2 and 7,c7 #a_/c of the members initially appointed and the ,chair shall be appointed for a #e-year term4 7#g7 ,initial appointments ,the initial appointments of members of the ,advisory ,committee shall be made not later than #ij days after the date of the enactment of this ,act4 7#h7 ,meetings ,the ,advisory ,committee shall meet not less than #f times per year4 7d7 ,powers of ,advisory ,committee 7#a7 ,in general ,from time to time1 the ,advisory ,committee shall-- 7,a7 examine its legislative charter1 structure1 and funding2 and 7,b7 make recommendations to ,congress1 the ,president1 and the ,courts regarding how the ,advisory ,committee could be restructured to better accomplish its mission of making ,government information available to the public on the ,internet4 7#b7 ,publication of recommendations ,the recommendations required under paragraph 7#a7 shall be published in print and on the ,internet4 7#c7 ,specific powers ,in order to carry out the purposes described in subsection 7b71 the ,advisory ,committee is authorized to-- 7,a7 hold hearings2 7,b7 issue recommendations to ,congress2 7,c7 issue recommendations to agencies2 7,d7 issue reports1 guidelines1 and memoranda2 7,e7 articulate guidelines on how the ,government should make public records available on the ,internet1 update the guidelines as appropriate1 and inquire into ,government compliance with the guidelines2 7,f7 hold or host conferences and symposia2 7,g7 enter into cooperative agreements with outside experts to obtain relevant advice or expertise1 and oversee staff2 7,h7 establish subcommittees2 and 7,i7 establish rules of procedure4 7#d7 ,relationship to ,,faca ,the ,advisory ,committee shall not be subject to the control of any advisory committee management officer designated under section #h7;b77#a7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7e7 ,operations 7#a7 ,open ,government procedures ,in addition to the rules in the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 in the interest of improving transparency1 the ,advisory ,committee shall adhere to the following rules that supplement and modify that ,act 7in accordance with section #d7;a7 of that ,act73 7,a7 ,subcommittees shall have the same duties and obligations as the full committee as delineated under sections #aj through #ac of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 ,subcommittees shall similarly be bound by the terms of this section4 7,b7 ,all information made available on the ,internet shall be done so by state-of-the-art methods that are compatible with widely used1 publicly available programs and equipment4 7,c7 ,information required to be made available on the ,internet shall be done so in a timely fashion4 7,d7 ,notice of all meetings shall be available on the website of the ,advisory ,committee1 with agendas available on the ,internet not later than #c days prior to any meeting4 7,e7 ,all records available for public copying under section #aj of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall also be made available on the website of the ,advisory ,committee4 7,f7 ,the ,advisory ,committee shall make available on the ,internet and to any person1 at no cost1 transcripts of ,advisory ,committee proceedings4 7,g7 ,videos recordings of proceedings shall be made available on the ,internet4 7,h7 ,documents submitted to the ,advisory ,committee shall be made publicly available unless the ,advisory ,committee determines that those materials would disclose matters described in section #eeb7;b7 of title #e1 ,united ,states ,code4 7,i7 ,the ,advisory ,committee shall make publicly available the names and brief biographies of its members4 7,j7 ,all members of the ,advisory ,committee shall file financial disclosure forms1 which shall be made available on the ,advisory ,committee website after redactions to remove personally identifiable information1 such as social security numbers4 7,k7 ,all members of the ,advisory ,committee shall have to state and publicly disclose conflicts of interest4 ,these statements shall be updated whenever new conflicts arise or on an annual basis1 whichever is more frequent1 and shall be published on the ,internet4 7#b7 ,support services ,the ,general ,services ,administration shall be responsible for providing all support services to the ,advisory ,committee1 including quarters and staff1 and for requesting funds from ,congress on behalf of the ,advisory ,committee4 7#c7 ,communication with ,congress ,nothing in this section shall be construed to prevent the ,advisory ,committee from communicating with ,congress directly regarding funding or other matters4 7#d7 ,duration ,the ,advisory ,committee is a continuing body and is not subject to termination as provided in section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#e7 ,application of ,,faca ,except as otherwise provided in this section1 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,advisory ,committee4 7f7 ,reports ,the ,advisory ,committee shall issue a report on its activities every #b years1 or as appropriate1 whichever is more frequent4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,general ,services ,administration such sums as may be necessary for the operations of the ,advisory ,committee4 #g4 ,executive branch ,internet publication mandate 7a7 ,online ,publication ,requirements 7#a7 ,free availability 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,government shall make public records available on the ,internet at no charge 7including a charge for recovery of costs7 to the public4 7,b7 ,exception ,subparagraph 7,a7 shall not apply in the case of a charge imposed by ,federal law before the date of the enactment of this ,act4 7#b7 ,permanence ,public records shall be permanently available on the ,internet4 7#c7 ,current technology 7,a7 ,in general ,current information technology capabilities shall be applied to the means by which records are made available on the ,internet1 and the formats in which they are available4 7,b7 ,public accessibility ,public records shall be made accessible through programs and equipment that are readily available to the general public4 7#d7 ,searchable list 7,a7 ,in general ,each agency shall publish on the ,internet a comprehensive1 searchable1 machine processable list of all records it makes publicly available4 7,b7 ,requirements ,with respect to the records described in subparagraph 7,a71 the list shall include1 at a minimum-- 7i7 where the records can be found2 7ii7 whether the records are available to the public at no cost or for a fee 7and the amount of the fee1 if applicable72 and 7iii7 brief descriptions of the records4 7b7 ,rulemaking ,authority 7#a7 ,in general ,nothing in the grant of authority in this subsection shall be construed to limit the obligation of the ,government to make records publicly available as required by law4 7#b7 ,executive ,agencies 7,a7 ,responsibilities of the ,director of ,,omb 7i7 ,in general ,the ,director of the ,office of ,management and ,budget shall delegate to the ,e-,government ,administrator the authority to administer all functions under this section1 except that any such delegation shall not relieve the ,director of responsibility for the administration of such functions4 7ii7 ,staffing ,the ,director of the ,office of ,management and ,budget shall ensure that the ,e-,government ,administrator has adequate staff and resources to properly fulfill all the functions of the ,administrator under this ,act4 7,b7 ,rulemaking 7i7 ,in general ,the ,e-,government ,administrator1 after consulting with the ,office of ,information and ,regulatory ,policy1 shall promulgate such regulations as are necessary to ensure that all public records held by executive agencies are available on the ,internet in the formats and by the means the ,e-,government ,administrator designates4 7ii7 ,consideration of guidelines ,in promulgating the regulations required under clause 7i71 the ,e-,government ,administrator shall consider the guidelines issued by the ,advisory ,committee4 7,c7 ,rulemaking requirements ,in the regulations promulgated under subparagraph 7,b71 the ,e-,government ,administrator shall include-- 7i7 rules on how executive agencies shall publish records on the ,internet1 including the format and timeframe2 and 7ii7 procedures through which executive agencies may object to placing public records on the ,internet1 in accordance with the exceptions under paragraph 7#d71 and a method by which the objections can be reviewed4 7,d7 ,additional availability of records 7i7 ,in general ,the regulations promulgated under subparagraph 7,b7 shall not preclude executive agencies from making additional records available on the ,internet beyond those required by the regulations1 or in additional formats beyond those required by the regulations1 or on a more rapid timeframe than required by the regulations4 7ii7 ,designation of responsibility ,each head of an executive agency shall designate a person within the agency responsible for ,internet publication of public records4 7#c7 ,independent ,regulatory ,agencies 7,a7 ,rulemaking 7i7 ,in general ,a ,,cio or an official designated by the head of an independent regulatory agency shall promulgate such regulations as are necessary to ensure that public records are available on the ,internet in the formats and by the means the ,,cio designates4 7ii7 ,consideration of guidelines ,in promulgating the regulations required under clause 7i71 the ,,cio or other official shall consider the guidelines issued by the ,advisory ,committee1 as well as regulations promulgated by the ,e-,government ,administrator under paragraph 7#a74 7,b7 ,additional availability of records ,the regulations promulgated under subparagraph 7,a7 shall not preclude the heads of offices within an independent regulatory agency from making additional records available on the ,internet beyond those required by the regulations1 or in additional formats beyond those required by the regulations1 or on a more rapid timeframe than required by the regulations4 7,c7 ,staffing ,the head of the independent regulatory agency shall ensure that the ,,cio or the official designated by the head of the independent regulatory agency has adequate staff and resources to properly fulfill all of the functions of the ,,cio under this ,act4 7#d7 ,exceptions 7,a7 ,in general ,the regulations promulgated under this subsection may contain exceptions1 in accordance with this paragraph1 to the requirement that all public records be made available on the ,internet4 7,b7 ,scope of exceptions ,the exceptions may be no broader than the exceptions recognized under section #eeb of title #e1 ,united ,states ,code4 7,c7 ,additional exceptions by request ,in addition to the exceptions provided under subparagraph 7,b71 the regulations shall provide for the ,e-,government ,administrator or1 in the case of an independent regulatory agency1 the ,,cio or official designated by the head of the agency1 to grant narrow case-by-case exceptions to the ,internet publication requirement if an agency requests an exception and the agency demonstrates that-- 7i7 there is clear and convincing evidence that the record should not be made available on the ,internet2 and 7ii7 on balance1 the harm caused by disclosure significantly outweighs the interest of the public in having the record available on the ,internet4 7,d7 ,availability of segregable portions 7i7 ,in general ,if the ,e-,government ,administrator1 ,,cio1 or official designated by the head of an independent regulatory agency approves a request for an exception with respect to a public record under this paragraph1 any reasonably segregable portion of the public record shall be made available on the ,internet in a timely fashion after redaction of the portions that are subject to the exception4 7ii7 ,publication of amount of redacted information ,the amount of information redacted shall be indicated on the portion of the record that is made available on the ,internet1 unless including that indication would significantly harm the interest protected by the exception1 and1 if technically feasible1 the amount of the information redacted shall be indicated at the place in the record where such redactions are made4 7,e7 ,disclosure of withheld records ,the ,e-,government ,administrator1 ,,cio1 or official designated by the head of an independent regulatory agency shall-- 7i7 maintain a list of records not made available on the ,internet by reason of an exception under this section2 and 7ii7 publish the list on the ,internet1 excluding any records the identification of which would significantly harm the interest protected by the exception4 7#e7 ,publication ,regulations promulgated under this subsection shall be published-- 7,a7 in the ,federal ,register2 and 7,b7 on the relevant agency website4 7#f7 ,applicability ,regulations promulgated under this subsection shall apply only to public records generated1 updated1 or released after the date of the enactment of this ,act4 7#g7 ,effective date ,regulations promulgated under this subsection shall take effect not earlier than #c years after the date of the enactment of this ,act4 7c7 ,reports to ,congress 7#a7 ,in general ,not less than once every #d years1 the ,e-,government ,administrator and each ,,cio shall-- 7,a7 review the exceptions provided under subsection 7b77#d7 to making public records available on the ,internet2 and 7,b7 if warranted1 make recommendations to the ,president and to ,congress regarding whether ,federal law should be changed4 7#b7 ,publication ,the reports required under paragraph 7#a7 shall be made publicly available1 including being published on the ,internet4 7d7 ,inspector ,general reviews 7#a7 ,in general ,not less than once every #d years1 the ,inspector ,general of each agency shall conduct periodic reviews regarding compliance by the agency with ,internet publication requirements4 7#b7 ,publication ,the reviews required under paragraph 7#a7 shall be published on the ,internet4 7e7 ,enforcement of ,public ,access by ,private ,individuals or ,organizations 7#a7 ,requests 7,a7 ,in general ,private individuals or organizations may request that an agency place public records on the ,internet1 including the comprehensive searchable list of publicly available records referred to in section #g7;a77#d71 in accordance with ,federal regulations4 7,b7 ,response required within #cj days ,an agency has #cj days to respond to a request made under subparagraph 7,a7 in writing or to place the record on the ,internet4 7,c7 ,denial of request ,if an agency denies the request in whole or in part1 the private individual or organization may file a complaint in ,federal court4 7#b7 ,jurisdiction 7,a7 ,in general ,on complaint filed under paragraph 7#a77;,c71 the district court of the ,united ,states in the district in which the complainant resides1 or has his principal place of business1 or in which the agency records are situated1 or in the ,district of ,columbia1 has jurisdiction to-- 7i7 enjoin the agency from refusing to publish agency records on the ,internet1 or refusing to publish it in an appropriate format2 and 7ii7 order the ,internet online publication of any agency records improperly withheld4 7,b7 ,de novo review ,in a case brought under paragraph 7#a77;,c71 the court shall determine the matter de novo1 and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exceptions provided under subsection 7b77#d71 and the burden is on the agency to sustain its action4 7,c7 ,filing deadline ,notwithstanding any other provision of law1 the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within #cj days after service upon the defendant of the pleading in which such complaint is made1 unless the court otherwise directs for good cause shown4 7#c7 ,attorney fees ,in any case brought under this subsection in which the complainant has substantially prevailed1 the court may assess against the ,united ,states-- 7,a7 reasonable attorney fees2 and 7,b7 other litigation costs reasonably incurred4 7#d7 ,special ,counsel 7,a7 ,in general ,a ,special ,counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding if a court-- 7i7 orders the production of any agency records improperly withheld from the complainant and assesses against the ,united ,states reasonable attorney fees1 litigation costs1 and interest under this subsection2 and 7ii7 issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding4 7,b7 ,findings and recommendations ,a ,special ,counsel1 after investigation and consideration of the evidence submitted under subparagraph 7,a71 shall-- 7i7 submit findings and recommendations based on the evidence to the administrative authority of the agency concerned2 and 7ii7 send copies of the findings and recommendations to the officer or employee or his representative described in subparagraph 7,a74 7,c7 ,corrective action ,the administrative authority described in subparagraph 7,b7 shall take the corrective action that the ,special ,counsel recommends4 7#e7 ,contempt ,in the event of noncompliance with the order of the court issued under this subsection1 the district court may punish for contempt the responsible employee1 and in the case of a uniformed service1 the responsible member4 #h4 ,legislative and judicial information ,it is the sense of ,congress that judicial and legislative agencies 7within the meaning of section #cgja of title #ca1 ,united ,states ,code7 should adopt or adapt the recommendations of the ,advisory ,committee for their own use4 ,in addition1 judicial and legislative agencies are encouraged to consider the guidelines issued by the ,advisory ,committee and the regulations promulgated by the ,e-,government ,administrator4 #i4 ,government ,printing ,office ,it is the sense of ,congress that the ,government ,printing ,office should make all of its publications permanently available on the ,internet in a multiplicity of formats that best meet the needs of the public4 ,in doing so1 the ,government ,printing ,office is strongly encouraged to consider the recommendations of the ,advisory ,committee and the ,e-,government ,administrator4