[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3484 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3484

 To establish an advisory committee to issue nonbinding governmentwide 
 guidelines on making public information available on the Internet, to 
require publicly available Government information held by the executive 
 branch to be made available on the Internet, to express the sense of 
 Congress that publicly available information held by the legislative 
  and judicial branches should be available on the Internet, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2016

  Mr. Tester introduced the following bill; 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 Internet, to 
require publicly available Government information held by the executive 
 branch to be made available on the Internet, to express the sense of 
 Congress that publicly available information held by the legislative 
  and judicial branches should be available on the Internet, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Online Information Act of 
2016''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Purposes.
Sec. 5. Findings of Congress.
Sec. 6. Establishment of Public Online Information Advisory Committee.
Sec. 7. Executive branch Internet publication mandate.
Sec. 8. Legislative and judicial information.
Sec. 9. Government Publishing Office.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' means an Executive agency 
        or an independent regulatory agency.
            (2) Executive agency.--The term ``Executive agency'' 
        means--
                    (A) an Executive department, as defined in section 
                101 of title 5, United States Code;
                    (B) a military department, as defined in section 
                102 of such title;
                    (C) a Government corporation, as defined in section 
                103 of such title; or
                    (D) any other establishment in the executive branch 
                of the Government (including the Executive Office of 
                the President), other than an independent regulatory 
                agency.
            (3) Independent regulatory agency.--The term ``independent 
        regulatory agency'' has the meaning given the term 
        ``independent establishment'' in section 104 of title 5, United 
        States Code.
            (4) Record.--The term ``record'' has the meaning given the 
        term ``records'' in section 3301 of title 44, United States 
        Code.
            (5) Public record.--The term ``public record'' means any 
        record, regardless of form or format, that an agency discloses, 
        publishes, disseminates, or makes available to the public.
            (6) E-government administrator.--The term ``E-Government 
        Administrator'' means the Administrator of the Office of 
        Electronic Government established under section 3602 of title 
        44, United States Code.

SEC. 4. PURPOSES.

    The purposes of this Act are--
            (1) to establish an advisory committee to issue nonbinding 
        guidelines for all three branches of Government regarding 
        making public information available on the Internet, with 
        sufficient flexibility to adapt to changes in technology;
            (2) 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 Internet, and to empower independent regulatory agencies to 
        do the same;
            (3) to express the sense of Congress that publicly 
        available information held by the legislative and judicial 
        branches should be available on the Internet; and
            (4) to encourage the Government Publishing Office to make 
        all of its publications available on the Internet in the 
        formats most useful to the public, after having considered the 
        formats identified by the Public Online Information Advisory 
        Committee.

SEC. 5. FINDINGS.

    Congress finds the following:
            (1) The Federal Government holds a vast repository of 
        public information. Throughout the Nation's history, the 
        Government has attempted to make that information available to 
        the public, whether through the United States Postal Service, 
        the Federal Depository Library Program, the Presidential 
        Library System, Agency Reading Rooms, under the Freedom of 
        Information Act, or by other means. Providing this information 
        to the general public is a public good: Informed citizens are 
        informed voters. However, even with these efforts, Government 
        information is too often hard to find, difficult to understand, 
        expensive to obtain in useful formats, and available in only a 
        few locations.
            (2) The advent of the Internet presents the opportunity for 
        the Government to make information readily available to many 
        more Americans. The Internet is ubiquitous, turning every 
        computer into a portal to the world's largest library. The 
        Government has made some efforts to take advantage of this new 
        medium. As the public moves online, the Government must do so 
        as well.
            (3) In addition to the traditional means of disseminating 
        public information, the Federal Government should make all of 
        its public information available on the Internet. It should do 
        so in ways that take advantage of modern technology, that 
        anticipate the public's needs, and that provide access to the 
        greatest number of people. The Government should strive to make 
        its information available on the Internet in real-time and in 
        machine processable formats.
            (4) The creation of this vast new information library will 
        empower citizens to gain a better understanding of how their 
        Government functions and what it does in their name. It will 
        also give innovators new tools to build on this information and 
        provide better goods and services to the American people. 
        Government services will be provided more efficiently, saving 
        the taxpayers money and allowing them to be more involved in 
        the lives of their communities.
            (5) Accomplishing these goals requires significant 
        coordination. It also requires the creation of new authorities 
        and responsibilities within the Government, and the 
        identification of appropriate technology standards.

SEC. 6. ESTABLISHMENT OF PUBLIC ONLINE INFORMATION ADVISORY COMMITTEE.

    (a) Establishment.--There is hereby established an advisory 
committee to be known as the ``Public Online Information Advisory 
Committee'' (in this Act referred to as the ``Advisory Committee'').
    (b) Purposes.--The purposes of the Advisory Committee are--
            (1) to coordinate and encourage the Government's efforts to 
        make Government information from all three branches of 
        Government available on the Internet; and
            (2) to issue nonbinding guidelines on how the Government 
        should make public information available on the Internet, and 
        update those guidelines as appropriate.
    (c) Membership.--
            (1) In general.--The Advisory Committee shall be composed 
        of 19 members (including the Chair), as follows:
                    (A) Six members shall be appointed by the E-
                Government Administrator.
                    (B) Six members shall be appointed by the Director 
                of the Administrative Office of the Courts.
                    (C) Three members shall be appointed by the 
                Chairman, in consultation with the Ranking Member, of 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate.
                    (D) Three members shall be appointed by the Chair, 
                in consultation with the Ranking Member, of the 
                Committee on Oversight and Government Reform of the 
                House of Representatives.
                    (E) The Chair shall be appointed by the 
                Administrator of General Services, after conferring 
                with the E-Government Administrator, the Director of 
                the Administrative Office of the Courts, the Chairman 
                of the Committee on Homeland Security and Governmental 
                Affairs of the Senate, and the Chair of the Committee 
                on Oversight and Government Reform of the House of 
                Representatives.
            (2) Vice chair.--A Vice Chair shall be selected from among 
        the members of the Advisory Committee by the Chair.
            (3) Limitation on government employee members.--Not more 
        than 6 members of the Advisory Committee may be Government 
        employees.
            (4) Terms of office.--Each member of the Advisory Committee 
        shall be appointed for a renewable term of 5 years, except that 
        one-third of the members initially appointed shall be appointed 
        for a 3-year term, one-third of such members shall be appointed 
        for a 4-year term, and one-third of such members and the Chair 
        shall be appointed for a 5-year term.
            (5) Initial appointments.--The initial appointments of 
        members of the Advisory Committee shall be made not later than 
        90 days after the date of enactment of this Act.
            (6) Meetings.--The Advisory Committee shall meet not fewer 
        than 6 times per year.
    (d) Powers of Advisory Committee.--
            (1) In general.--From time to time, the Advisory Committee 
        shall examine its legislative charter, structure, and funding, 
        and shall make recommendations to Congress, the President, and 
        the Courts regarding how the Advisory Committee could be 
        restructured to better accomplish the mission of making 
        Government information available to the public on the Internet. 
        The recommendations shall be published in print and on the 
        Internet.
            (2) Specific powers.--To carry out the purposes of the 
        Advisory Committee, the Advisory Committee may--
                    (A) hold hearings;
                    (B) issue recommendations to Congress;
                    (C) issue recommendations to agencies;
                    (D) issue reports, guidelines, and memoranda;
                    (E) articulate guidelines on how the Government 
                should make public records available on the Internet, 
                update those guidelines as appropriate, and inquire 
                into Government compliance with those guidelines;
                    (F) hold or host conferences and symposia;
                    (G) enter into cooperative agreements with outside 
                experts to obtain relevant advice or expertise, and 
                oversee staff;
                    (H) establish subcommittees; and
                    (I) establish rules of procedure.
            (3) Relationship to faca.--The Advisory Committee shall not 
        be subject to the control of any Advisory Committee Management 
        Officer designated under section 8(b)(1) of the Federal 
        Advisory Committee Act (5 U.S.C. App.).
    (e) Operations.--
            (1) Open government procedures.--In addition to the rules 
        in the Federal Advisory Committee Act (5 U.S.C. App.), in the 
        interest of improving transparency, the Advisory Committee 
        shall adhere to the following rules that supplement and modify 
        such Act (in accordance with section 4(a) of such Act):
                    (A) Subcommittees shall have the same duties and 
                obligations as the full committee as delineated under 
                sections 10 through 13 of such Act. Subcommittees shall 
                similarly be bound by the terms of this section.
                    (B) All information made available on the Internet 
                shall be done so by state-of-the-art methods.
                    (C) Information required to be made available on 
                the Internet shall be done so in a timely fashion.
                    (D) Notice of all meetings shall be available on 
                the website of the Advisory Committee's website, with 
                agendas available on the Internet not less than 3 days 
                prior to any meeting.
                    (E) All records available for public copying under 
                section 10 of such Act shall be made available on the 
                website of the Advisory Committee.
                    (F) The Advisory Committee shall make available on 
                the Internet and to any person, at no cost, transcripts 
                of Advisory Committee proceedings.
                    (G) Videos recordings of proceedings shall be made 
                available on the Internet.
                    (H) 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 552(b) of title 
                5, United States Code (commonly known as the ``Freedom 
                of Information Act'').
                    (I) The Advisory Committee shall make publicly 
                available the names and brief biographies of the 
                members of the Advisory Committee.
                    (J) All members of the Advisory Committee shall 
                file financial disclosure forms, which shall be made 
                available on the Advisory Committee website after 
                redactions to remove personally identifiable 
                information, such as social security numbers.
                    (K) All members of the Advisory Committee shall 
                have to state and publicly disclose conflicts of 
                interest. These statements must be updated whenever new 
                conflicts arise or on an annual basis, whichever is 
                more frequent. These disclosures shall be placed on the 
                Internet.
            (2) Support services.--The General Services Administration 
        shall be responsible for providing all support services to the 
        Advisory Committee, including quarters and staff, and for 
        requesting funds from Congress on behalf of the Advisory 
        Committee. Nothing in this section shall prevent the Advisory 
        Committee from communicating with Congress directly regarding 
        funding or other matters.
            (3) Duration.--The Advisory Committee is a continuing body 
        and is not subject to termination as provided in section 14 of 
        the Federal Advisory Committee Act (5 U.S.C. App.).
            (4) Application of faca.--Except as otherwise provided in 
        this section, the Federal Advisory Committee Act (5 U.S.C. 
        App.) shall apply to the Advisory Committee.
    (f) Reports.--The Advisory Committee shall issue a report on the 
activities of the Advisory Committee every 2 years, or as appropriate, 
whichever is more frequent.
    (g) Authorization.--There is authorized to be appropriated to the 
General Services Administration such sums as may be necessary for the 
operations of the Advisory Committee.

SEC. 7. EXECUTIVE BRANCH INTERNET PUBLICATION MANDATE.

    (a) Online Publication Requirements.--
            (1) Free availability.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Government shall make public records available 
                on the Internet at no charge (including a charge for 
                recovery of costs) to the public.
                    (B) Exception.--Subparagraph (A) shall not apply in 
                the case of a charge imposed by Federal law before the 
                date of enactment of this Act.
            (2) Permanence.--Public records shall be permanently 
        available on the Internet.
            (3) Current technology.--Current information technology 
        capabilities shall be applied to the means by which records are 
        made available on the Internet, and the formats in which they 
        are available.
            (4) Searchable list.--Each agency shall publish on the 
        Internet a comprehensive, searchable, machine processable list 
        of all records it makes publicly available. With respect to 
        those records, the list shall include at least the following 
        information:
                    (A) Where the records can be found.
                    (B) Whether the records are available to the public 
                at no cost or for a fee (and the amount of the fee, if 
                applicable).
                    (C) Brief descriptions of the records.
    (b) Rulemaking Authority.--
            (1) 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 
        law.
            (2) Executive agencies.--
                    (A) The Director of the Office of Management and 
                Budget shall delegate to the E-Government Administrator 
                the authority to administer all functions under this 
                section, except that any such delegation shall not 
                relieve the Director of responsibility for the 
                administration of such functions.
                    (B) The E-Government Administrator, after 
                consulting with the Office of Information and 
                Regulatory Policy, 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 
                designates. In promulgating the regulations, the E-
                Government Administrator shall consider the guidelines 
                issued by the Public Online Information Advisory 
                Committee.
                    (C) In the regulations promulgated under 
                subparagraph (B), the E-Government Administrator shall 
                include--
                            (i) rules on how Executive agencies shall 
                        publish records on the Internet, including the 
                        format and timeframe; and
                            (ii) procedures through which Executive 
                        agencies may object to placing public records 
                        on the Internet, in accordance with the 
                        exceptions under paragraph (4), and a method by 
                        which the objections can be reviewed.
                    (D) The regulations promulgated under subparagraph 
                (B) shall not preclude Executive agencies from making 
                additional records available on the Internet beyond 
                those required by the regulations, or in additional 
                formats beyond those required by the regulations, or on 
                a more rapid timeframe than required by the 
                regulations. In addition, each Executive agency head 
                shall designate a person within the agency responsible 
                for Internet publication of public records.
                    (E) 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 Administrator's functions under this Act.
            (3) Independent regulatory agencies.--
                    (A) A Chief Information Officer of an independent 
                regulatory agency (hereafter in this section referred 
                to as 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 designates. In promulgating 
                the regulations, the CIO or other official shall 
                consider the guidelines issued by the Public Online 
                Information Advisory Committee, as well as regulations 
                promulgated by the E-Government Administrator under 
                paragraph (1).
                    (B) The regulations promulgated under subparagraph 
                (A) 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 regulations, or in additional formats beyond 
                those required by the regulations, or on a more rapid 
                timeframe than required by the regulations.
                    (C) 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 Act.
            (4) Exceptions.--
                    (A) In general.--The regulations promulgated under 
                this subsection may contain exceptions, in accordance 
                with this paragraph, to the requirement that all public 
                records be made available on the Internet.
                    (B) Scope of exceptions.--The exceptions may be no 
                broader than the exceptions recognized under section 
                552 of title 5, United States Code (commonly known as 
                the ``Freedom of Information Act'').
                    (C) Additional exceptions by request.--In addition 
                to the exceptions provided under subparagraph (B), the 
                regulations shall provide for the E-Government 
                Administrator or, in the case of an independent 
                regulatory agency, the CIO or official designated by 
                the head of the agency, to grant narrow case-by-case 
                exceptions to the Internet publication requirement if 
                an agency requests an exception and the agency 
                demonstrates that--
                            (i) there is a clear and convincing reason 
                        for the record to not be made available on the 
                        Internet; and
                            (ii) on balance, the harm caused by 
                        disclosure significantly outweighs the public's 
                        interest in having the record available on the 
                        Internet.
                    (D) Availability of segregable portions.--If the E-
                Government Administrator, CIO, or official designated 
                by the head of an independent regulatory agency 
                approves a request for an exception with respect to a 
                public record under subparagraph (C), any reasonably 
                segregable portion of the public record shall be made 
                available on the Internet in a timely fashion after 
                deletion of the portions that are subject to the 
                exception. The amount of information deleted shall be 
                indicated on the portion of the record that is made 
                available on the Internet, unless including that 
                indication would significantly harm the interest 
                protected by the exception. If technically feasible, 
                the amount of the information deleted shall be 
                indicated at the place in the record where such 
                deletion is made.
                    (E) Disclosure of withheld records.--The E-
                Government Administrator, CIO, or official designated 
                by the head of an independent regulatory agency shall 
                maintain a list of records not made available on the 
                Internet by reason of an exception under subparagraph 
                (C) and publish such list on the Internet, excluding 
                any records the identification of which would 
                significantly harm the interest protected by the 
                exception.
            (5) Publication.--Regulations promulgated under this 
        subsection shall be published in the Federal Register and on 
        the relevant agency website.
            (6) Applicability.--Regulations promulgated under this 
        subsection shall apply only to public records generated, 
        updated, or released after the date of enactment of this Act.
            (7) Effective date.--Regulations promulgated under this 
        subsection shall take effect no sooner than 3 years after the 
        date of enactment of this Act.
    (c) Reports to Congress.--At least once every 4 years, the E-
Government Administrator and each independent regulatory agency CIO 
shall review the exceptions provided under subsection (b)(4) to making 
public records available on the Internet and, if warranted, make 
recommendations to the President and to Congress regarding whether 
Federal law should be changed. The report shall be made publicly 
available, including being published on the Internet.
    (d) Inspector General Reviews.--The Inspector General of each 
agency shall conduct periodic reviews regarding agency compliance with 
Internet publication requirements, not less often than once every 4 
years. The reviews shall be published on the Internet.
    (e) Enforcement of Public Access by Private Individuals or 
Organizations.--
            (1) Requests.--Private individuals or organizations may 
        request that an Executive agency place public records on the 
        Internet, including the comprehensive searchable list of 
        publicly available records referred to in subsection (a)(4), in 
        accordance with Federal regulations. An agency has 30 days to 
        respond to the request in writing or to place the record on the 
        Internet. If an agency denies the request in whole or in part, 
        the private individual or organization may file a complaint in 
        Federal court.
            (2) Jurisdiction.--(A) On complaint, the district court of 
        the United States in the district in which the complainant 
        resides, or has his principal place of business, or in which 
        the agency records are situated, or in the District of 
        Columbia, has jurisdiction to enjoin the agency from refusing 
        to publish agency records on the Internet, or refusing to 
        publish it in an appropriate format, and to order the Internet 
        online publication of any agency records improperly withheld. 
        In such a case the court shall determine the matter de novo, 
        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 
        (b)(4), and the burden is on the agency to sustain its action.
            (B) Notwithstanding any other provision of law, the 
        defendant shall serve an answer or otherwise plead to any 
        complaint made under this subsection within 30 days after 
        service upon the defendant of the pleading in which such 
        complaint is made, unless the court otherwise directs for good 
        cause shown.
            (3) Attorney fees.--The court may assess against the United 
        States reasonable attorney fees and other litigation costs 
        reasonably incurred in any case under this subsection in which 
        the complainant has substantially prevailed.
            (4) Special counsel.--Whenever the court orders the 
        production of any agency records improperly withheld from the 
        complainant and assesses against the United States reasonable 
        attorney fees, litigation costs, and interest, and the court 
        additionally issues a written finding that the circumstances 
        surrounding the withholding raise questions whether agency 
        personnel acted arbitrarily or capriciously with respect to the 
        withholding, 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. A Special Counsel, after 
        investigation and consideration of the evidence submitted, 
        shall submit his findings and recommendations to the 
        administrative authority of the agency concerned and shall send 
        copies of the findings and recommendations to the officer or 
        employee or his representative. The administrative authority 
        shall take the corrective action that the Special Counsel 
        recommends.
            (5) Contempt.--In the event of noncompliance with the order 
        of the court, the district court may punish for contempt the 
        responsible employee, and in the case of a uniformed service, 
        the responsible member.

SEC. 8. LEGISLATIVE AND JUDICIAL INFORMATION.

    It is the sense of Congress that judicial and legislative agencies 
(within the meaning of section 3701 of title 31, United States Code) 
should adopt or adapt the recommendations of the Advisory Committee for 
their own use. In addition, judicial and legislative agencies are 
encouraged to consider the guidelines issued by the Public Online 
Information Advisory Committee and the regulations promulgated by the 
E-Government Administrator.

SEC. 9. GOVERNMENT PUBLISHING OFFICE.

    It is the sense of Congress that the Government Publishing Office 
should make all of its publications permanently available on the 
Internet in a multiplicity of formats that best meet the needs of the 
public. In doing so, the Government Publishing Office is strongly 
encouraged to consider the recommendations of the Public Online 
Information Advisory Committee and the E-Government Administrator.
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