SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Online Informa-
tion Act of 2010’’. 
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 Printing Office. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ means an 
Executive agency or an independent regulatory agen-
cy. 
(2) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’ means any of the following: 
(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. 
(D) Any other establishment in the execu-
tive branch of the Government (including the 
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Executive Office of the President), other than 
an independent regulatory agency. 
(3) INDEPENDENT REGULATORY AGENCY.—The 
term ‘‘independent regulatory agency’’ means an 
independent establishment, as defined in section 104 
of title 5, United States Code. 
(4) RECORD.—The term ‘‘record’’ has the 
meaning provided 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 for-
mat, that an agency discloses, publishes, dissemi-
nates, or makes available to the public. 
(6) 
E-GOVERNMENT
ADMINISTRATOR.—The 
term ‘‘E-Government Administrator’’ means the Ad-
ministrator of the Office of Electronic Government 
established under section 3602 of title 44, United 
States Code. 
SEC. 4. PURPOSES. 
The purposes of this Act include the following: 
(1) To establish an advisory committee to issue 
nonbinding guidelines for all three branches of Gov-
ernment regarding making public information avail-
able on the Internet, with sufficient flexibility to 
adapt to changes in technology. 
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(2) To empower the E-Government Adminis-
trator 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 pub-
licly available information held by the legislative and 
judicial branches should be available on the Internet. 
(4) To encourage the Government Printing Of-
fice 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 OF CONGRESS. 
Congress finds the following: 
(1) The Federal Government holds a vast re-
pository of public information. Throughout the Na-
tion’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 Presi-
dential Library System, Agency Reading Rooms, 
under the Freedom of Information Act, or by other 
means. Providing this information to the general 
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public is a public good: Informed citizens are in-
formed 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 op-
portunity 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 Govern-
ment 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 dis-
seminating public information, the Federal Govern-
ment should make all of its public information avail-
able on the Internet. It should do so in ways that 
take advantage of modern technology, that antici-
pate 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 li-
brary will empower citizens to gain a better under-
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standing 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 Amer-
ican people. Government services will be provided 
more efficiently, saving the taxpayers money and al-
lowing them to be more involved in the lives of their 
communities. 
(5) Accomplishing these goals requires signifi-
cant coordination. It also requires the creation of 
new authorities and responsibilities within the Gov-
ernment, and the identification of appropriate tech-
nology 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’’ (hereafter in this Act 
referred to as the ‘‘Advisory Committee’’). 
(b) PURPOSES.— The purposes of the Advisory Com-
mittee are— 
(1) to coordinate and encourage the Govern-
ment’s efforts to make Government information 
from all three branches of Government available on 
the Internet; and 
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(2) to issue nonbinding guidelines on how the 
Government should make public information avail-
able 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 Secu-
rity 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 Represent-
atives. 
(E) The Chair shall be appointed by the 
Administrator of General Services, after confer-
ring with the E-Government Administrator, the 
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(6) MEETINGS.—The Advisory Committee shall 
meet no fewer than six times per year. 
(d) POWERS OF ADVISORY COMMITTEE.— 
(1) IN GENERAL.—From time to time, the Ad-
visory Committee shall examine its legislative char-
ter, structure, and funding, and shall make rec-
ommendations to Congress, the President, and the 
Courts regarding how it could be restructured to 
better accomplish its 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.—In order to carry out 
its purposes, the Advisory Committee is authorized 
to do the following: 
(A) Hold hearings. 
(B) Issue recommendations to Congress. 
(C) Issue recommendations to agencies. 
(D) Issue reports, guidelines, and memo-
randa. 
(E) Articulate guidelines on how the Gov-
ernment should make public records available 
on the Internet, update those guidelines as ap-
propriate, and inquire into Government compli-
ance with those guidelines. 
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(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. 
(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 Com-
mittee Act. 
(e) OPERATIONS.— 
(1) OPEN GOVERNMENT PROCEDURES.—In ad-
dition to the rules in the Federal Advisory Com-
mittee Act (5 U.S.C. App.), in the interest of im-
proving 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 du-
ties and obligations as the full committee as de-
lineated under sections 10 through 13 of such 
Act. Subcommittees shall similarly be bound by 
the terms of this section. 
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(B) All information made available on the 
Internet shall be done so by state-of-the-art 
methods. 
(C) Information required to be made avail-
able on the Internet shall be done so in a timely 
fashion. 
(D) Notice of all meetings shall be avail-
able on the Advisory Committee’s website, with 
agendas available on the Internet at least 3 
days prior to any meeting. 
(E) All records available for public copying 
under section 10 of the Act shall also be made 
available on the website of the Advisory Com-
mittee. 
(F) The Advisory Committee shall make 
available on the Internet and to any person, at 
no cost, transcripts of Advisory Committee pro-
ceedings. 
(G) Videos recordings of proceedings shall 
be made available on the Internet. 
(H) Documents submitted to the Advisory 
Committee shall be made publicly available un-
less the Advisory Committee determines that 
those materials would disclose matters de-
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scribed in section 552(b) of title 5, United 
States Code. 
(I) The Advisory Committee shall make 
publicly available the names and brief biog-
raphies of its members. 
(J) All members of the Advisory Com-
mittee shall file financial disclosure forms, 
which shall be made available on the Advisory 
Committee website after redactions to remove 
personally identifiable information, such as so-
cial security numbers. 
(K) All members of the Advisory Com-
mittee 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, includ-
ing 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 di-
rectly regarding funding or other matters. 
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(3) DURATION.—The Advisory Committee is a 
continuing body and is not subject to termination as 
provided in section 14 of the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
(4) APPLICATION OF FACA.—Except as other-
wise 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 its activities every two years, or as appro-
priate, whichever is more frequent. 
(g) AUTHORIZATION.—There is authorized to be ap-
propriated to the General Services Administration such 
sums as may be necessary for the operations of the Advi-
sory Committee. 
SEC. 7. EXECUTIVE BRANCH INTERNET PUBLICATION MAN-
DATE. 
(a) ONLINE PUBLICATION REQUIREMENTS.— 
(1) FREE AVAILABILITY.— 
(A) Except as provided in subparagraph 
(B), the Government shall make public records 
available on the Internet at no charge (includ-
ing a charge for recovery of costs) to the public. 
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(B) Subparagraph (A) shall not apply in 
the case of a charge imposed by Federal law be-
fore the date of the enactment of this Act. 
(2) PERMANENCE.—Public records shall be per-
manently available on the Internet. 
(3) CURRENT TECHNOLOGY.—Current informa-
tion technology capabilities shall be applied to the 
means by which records are made available on the 
Internet, and the formats in which they are avail-
able. 
(4) SEARCHABLE
LIST.—Each agency shall 
publish on the Internet a comprehensive, searchable, 
machine processable list of all records it makes pub-
licly 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 au-
thority in this subsection shall be construed to limit 
the Government’s obligation to make records pub-
licly available as required by law. 
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(ii) procedures through which Execu-
tive 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 re-
viewed. 
(D) The regulations promulgated under 
subparagraph (B) shall not preclude Executive 
agencies from making additional records avail-
able 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 regula-
tions. In addition, each Executive agency head 
shall designate a person within the agency re-
sponsible for Internet publication of public 
records. 
(E) The Director of the Office of Manage-
ment and Budget shall ensure that the E-Gov-
ernment Administrator has adequate staff and 
resources to properly fulfill all the Administra-
tor’s functions under this Act. 
(3) INDEPENDENT REGULATORY AGENCIES.— 
(A) A Chief Information Officer of an 
independent regulatory agency (hereafter in this 
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section referred to as a ‘‘CIO’’) or an official 
designated by the head of an independent regu-
latory 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 promul-
gating the regulations, the CIO or other official 
shall consider the guidelines issued by the Pub-
lic Online Information Advisory Committee, as 
well as regulations promulgated by the E-Gov-
ernment 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 regula-
tions. 
(C) The head of the independent regu-
latory agency shall ensure that the CIO or the 
official designated by the head of the inde-
pendent regulatory agency has adequate staff 
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and resources to properly fulfill all of the CIO’s 
functions under this Act. 
(4) EXCEPTIONS.— 
(A) IN
GENERAL.—The regulations pro-
mulgated under this subsection may contain ex-
ceptions, in accordance with this paragraph, to 
the requirement that all public records be made 
available on the Internet. 
(B) SCOPE OF EXCEPTIONS.—The excep-
tions may be no broader than the exceptions 
recognized under section 552 of title 5, United 
States Code (popularly referred to as the 
‘‘Freedom of Information Act’’). 
(C) ADDITIONAL
EXCEPTIONS
BY
RE-
QUEST.—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 agen-
cy, the CIO or official designated by the head 
of the agency, to grant narrow case-by-case ex-
ceptions to the Internet publication requirement 
if an agency requests an exception and the 
agency demonstrates that— 
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(i) there is a clear and convincing rea-
son for the record to not be made available 
on the Internet; and 
(ii) on balance, the harm cause by dis-
closure significantly outweighs the public’s 
interest in having the record available on 
the Internet. 
(D) AVAILABILITY OF SEGREGABLE POR-
TIONS.—If the E-Government Administrator, 
CIO, or official designated by the head of an 
independent regulatory agency approves a re-
quest 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 fash-
ion after deletion of the portions that are sub-
ject to the exception. The amount of informa-
tion deleted shall be indicated on the portion of 
the record that is made available on the Inter-
net, unless including that indication would sig-
nificantly harm the interest protected by the ex-
ception. If technically feasible, the amount of 
the information deleted shall be indicated at the 
place in the record where such deletion is made. 
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(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 Inter-
net by reason of an exception under subpara-
graph (C) and publish such list on the Internet, 
excluding any records the identification of 
which would significantly harm the interest pro-
tected by the exception. 
(5) PUBLICATION.—Regulations promulgated 
under this subsection shall be published in the Fed-
eral 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 the enactment of this Act. 
(7) EFFECTIVE
DATE.—Regulations promul-
gated under this subsection shall take effect no 
sooner than 3 years after the date of the enactment 
of this Act. 
(c) REPORTS TO CONGRESS.—At least once every 
four years, the E-Government Administrator and each 
independent regulatory agency CIO shall review the excep-
tions provided under subsection (b)(4) to making public 
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records available on the Internet and, if warranted, make 
recommendations to the President and to Congress re-
garding whether Federal law should be changed. The re-
port shall be made publicly available, including being pub-
lished on the Internet. 
(d) INSPECTOR GENERAL REVIEWS.—The Inspector 
General of each agency shall conduct periodic reviews re-
garding agency compliance with Internet publication re-
quirements, no less often than once every four years. The 
reviews shall be published on the Internet. 
(e) ENFORCEMENT OF PUBLIC ACCESS BY PRIVATE 
INDIVIDUALS OR ORGANIZATIONS.— 
(1) REQUESTS.—Private individuals or organi-
zations may request that an Executive agency place 
public records on the Internet, including the com-
prehensive searchable list of publicly available 
records referred to in section 7(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 re-
quest in whole or in part, the private individual or 
organization may file a complaint in Federal court. 
(2) JURISDICTION.—(A) On complaint, the dis-
trict court of the United States in the district in 
which the complainant resides, or has his principal 
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place of business, or in which the agency records are 
situated, or in the District of Columbia, has jurisdic-
tion to enjoin the agency from refusing to publish 
agency records on the Internet, or refusing to pub-
lish it in an appropriate format, and to order the 
Internet online publication of any agency records im-
properly withheld. In such a case the court shall de-
termine the matter de novo, and may examine the 
contents of such agency records in camera to deter-
mine 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. 
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(4) SPECIAL
COUNSEL.—Whenever the court 
orders the production of any agency records improp-
erly withheld from the complainant and assesses 
against the United States reasonable attorney fees, 
litigation costs, and interest, and the court addition-
ally 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 inves-
tigation 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 rec-
ommendations to the officer or employee or his rep-
resentative. The administrative authority shall take 
the corrective action that the Special Counsel rec-
ommends. 
(5) CONTEMPT.—In the event of noncompliance 
with the order of the court, the district court may 
punish for contempt the responsible employee, and 
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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 rec-
ommendations of the Advisory Committee for their own 
use. In addition, judicial and legislative agencies are en-
couraged to consider the guidelines issued by the Public 
Online Information Advisory Committee and the regula-
tions promulgated by the E-Government Administrator. 
SEC. 9. GOVERNMENT PRINTING OFFICE. 
It is the sense of Congress that the Government 
Printing Office should make all of its publications perma-
nently available on the Internet in a multiplicity of for-
mats that best meet the needs of the public. In doing so, 
the Government Printing Office is strongly encouraged to 
consider the recommendations of the Public Online Infor-
mation Advisory Committee and the E-Government Ad-
ministrator. 
Æ 
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