Congress votes to make open government data the default in the United States

On December 21, 2018, the United States House of Representatives voted to enact H.R. 4174, the Foundations for Evidence-Based Policymaking Act of 2017, in a historic win for open government in the United States of America.

The Open, Public, Electronic, and Necessary Government Data Act (AKA the OPEN Government Data Act) is about to become law as a result. This codifies two canonical principles for democracy in the 21st century:

  1. public information should be open by default to the public in a machine-readable format, where such publication doesn’t harm privacy or security
  2. federal agencies should use evidence when they make public policy

For the full backstory on what’s in the bill and how it came to pass, read yesterday’s feature.

It’s worth noting that last minute objection did result in two amendments that the Senate had to act upon. Thankfully, on Saturday, December 22nd, the Senate acted, passing the resolution required to send the bill onwards to the president’s desk.

Here’s what changed: First, the text of Title I was amended so that it only applied to CFO Act agencies, not the Federal Reserve or smaller agencies. Title II (the Open Government Act) still applies to all federal agencies.

Second, there was a carve out in Title I “for data that does not concern monetary policy,” which relates to the Federal Reserve, among others.

 

While the shift weakened the first title of the bill a bit, this was still a historic moment: Congress has passed a law to make open data part of of the US Code.

While the United States is not the first or even the second democracy to pass an open data law –  France and  Germany have that distinction – this is a welcome advance, codifying the open government data policies, practices, roles and websites (looking at you, Data.gov) that the federal government had adopted over the past decade.

Open government activists, advocates and champions continue to celebrate, online and off.

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“The bipartisan passage of the Foundations for Evidence-Based Policymaking Act is a significant step toward a more efficient, more effective government that uses evidence and data to improve results for the American people,” said Michele Jolin, CEO and co-founder of Results for America, in a statement. “We commend Speaker Ryan, Senator Murray and their bipartisan colleagues in both chambers for advancing legislation that will help build evidence about the federally-funded practices, policies and programs that deliver the best outcomes. By ensuring that each federal agency has an evaluation officer, an evaluation policy and evidence-building plans, we can maximize the impact of public investments.”

“The OPEN Government Data Act will ensure that the federal government releases valuable data sets, follows best practices in data management, and commits to making data available to the public in a non-proprietary and electronic format,” said Daniel Castro, in a statement. “Today’s vote marks a major bipartisan victory for open data. This legislation will generate substantial returns for the public and private sectors alike in the years to come.”

“The passage of the OPEN Government Data Act is a win for the open data community”, said Sarah Joy Hays, Acting Executive Director of the Data Coalition, in a statement. “The Data Coalition has proudly supported this legislation for over three years, along with dozens of other organizations. The bill sets a presumption that all government information should be open data by default: machine-readable and freely-reusable. Ultimately, it will improve the way our government runs and serves its citizens. This would not have been possible without the support of Speaker Paul Ryan (WI-1-R), Senators Patty Murray (WA-D), Brian Schatz (HI-D), Ben Sasse (NE-R), and Rep. Derek Kilmer (WA-6-D). Our Coalition urges the President to promptly sign this open data bill into law.”

Congratulations to everyone who has pushed for this outcome for years.

[Image Credit: Sunlight Foundation]

This post has been updated, and corrected: France was ahead of Germany in enacting an open data law.

Senate passes evidence-based policymaking bill, setting up historic win for open government data

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The arc of open government in United States is long, but perhaps it will bend towards transparency and accountability as 2018 comes to a close, in an unlikely moment in our history. After years of dedicated effort by advocates and bipartisan leadership in both houses of Congress, the Open, Public, Electronic, and Necessary Government Data Act (AKA the OPEN Government Data Act) is about to become law after the United States Senate passed the bill as part of H.R. 4174 on December 19.

Senator Brian Schatz (D-HI) shared the news in a tweet last night:

…followed by Representative Derek Killmer (D-

Here’s Schatz speaking about the bill at a Data Coalition event last winter:

Two steps remain: passage of the bill in the House and President Donald J. Trump signing it into law. Barring a scheduling issue or unexpected change (keep an eye out for shenanigans on the House floor today), the nation is close to a historic codification of two powerful principles:

  1. public information should be open by default to the public in a machine-readable format, where such publication doesn’t harm privacy or security
  2. federal agencies should use evidence to make public policy

Along with making open government data the default in U.S. government and requiring the White House Office of Management and Budget to oversee enterprise data inventories for every agency, the bill would require federal agencies to do the following, as listed in the summary from the Law Library of Congress:

This bill requires departments and agencies identified in the Chief Financial Officers Act to submit annually to the Office of Management and Budget (OMB) and Congress a plan for identifying and addressing policy questions relevant to the programs, policies, and regulations of such departments and agencies.

The plan must include: (1) a list of policy-relevant questions for developing evidence to support policymaking, and (2) a list of data for facilitating the use of evidence in policymaking.

The OMB shall consolidate such plans into a unified evidence building plan.

The bill establishes an Interagency Council on Evaluation Policy to assist the OMB in supporting government-wide evaluation activities and policies. The bill defines “evaluation” to mean an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.

Each department or agency shall designate a Chief Evaluation Officer to coordinate evidence-building activities and an official with statistical expertise to advise on statistical policy, techniques, and procedures.

The OMB shall establish an Advisory Committee on Data for Evidence Building to advise on expanding access to and use of federal data for evidence building.

Open, Public, Electronic, and Necessary Government Data Act or the OPEN Government Data Act

This bill requires open government data assets to be published as machine-readable data.

Each agency shall: (1) develop and maintain a comprehensive data inventory for all data assets created by or collected by the agency, and (2) designate a Chief Data Officer who shall be responsible for lifecycle data management and other specified functions.

The bill establishes in the OMB a Chief Data Officer Council for establishing government-wide best practices for the use, protection, dissemination, and generation of data and for promoting data sharing agreements among agencies.

While the United States would not be not the first democracy to pass such a law, it would be a welcome advance, codifying many aspects of the open government data policies that have been developed and promulgated in the federal government over the past decade.

How did open government data get into the US Code?

This was no accident of fate or circumstance: This bill, which was previously passed by the House last month, was sponsored by the Speaker of the House, Paul Ryan. It’s an important element of his legislative legacy, and one that can and should earn praise – unlike other aspects of his time with the gavel.

It’s taken years of advocacy and activism by a broad coalition to get here, including the Sunlight Foundation, the EFF, Business Software Alliance, Center for Data Innovation, the Scholarly Publishing and Academic Resources Coalition, American Library Association, the R Street Institute, among many others, and bipartisan efforts on both sides of the aisle. Senator Ben Sasse (R-NE) co-sponsored the OGDA in the Senate, with 5 others, and former Representative Blake Farenthold (R-TX) cosponsored it in House, with 12 others.

That original bill almost made it into law in 2016, when the Senate passed OGDA by unanimous consent, but the House didn’t move it before the end of the 115th Congress. In September 2017, when it was poised to pass Congress as part of the National Defense Authorization Act., before it was stripped from the final version.

In October 2017, the text of the Open Government Data Act, however, was incorporated into H.R. 4174, the Foundations for Evidence-Based Policymaking Act of 2017,

The new bipartisan, bicameral companion legislation was introduced on October 31, 2017 by Speaker of the House Paul Ryan (R-WI) and Senator Patty Murray (D-WA) to enact the recommendations contained in the final report from the Commission of Evidenced-Based Policy.

While it has been watered down a bit, what I argued then is still true today: the bill “offers a genuine opportunity to not only improve how the nation makes decisions but embed more openness into how the federal government conducts the public’s business.”

The addition of OGDA into that bill was “an important endorsement of open government data by one of the most powerful politicians in the world” and “a milestone for the open movement, an important validation of this way of making public policy, and the fundamental principles of data-driven 21st century governance.”

The OGDA was one of the primary legislative priorities for me during my years as a senior analyst and then deputy director at the Sunlight Foundation, along with Freedom of Information Act Reform and Honest Ads Act.

I picked up the transparency baton on OGDA from former Sunlight analyst Matt Rumsey, Sunlight federal policy manager Sean Vitka, OpenGov Foundation founder Seamus Kraft, and Data Coalition founder Hudson Hollister, who drafted the original open data bill, working to make the principle that “public data created with taxpayer dollars should be available to the public in open, machine-readable forms when doing so does not damage privacy or national security” the law.

This is a huge win for public access to public information that every American can and should celebrate today. Special thanks for this victory are due to Christian Hoehner, policy director for the Data Coalition, who did extraordinary yeoman’s work getting this through Congress, Sasha Moss of the R Street Institute, Hollister, Daniel Schuman of Demand Progress, Daniel Castro and Joshua New at the Center for Data Innovation, and Gavin Baker from the American Library Association, some with whom I went to Congress with me to meet with staff over the years and advocated for the bill on and offline.

The passage of this bill won’t mean that the scanned images of spreadsheets that agencies still send in response to FOIA requests will magically go away tomorrow, but journalists, watchdogs and the public can now tell civil servants that they’re now behind the times: open government data is now the default in the USA! Please publish our data on the agency website in a structured format and let the public know.

[Image Credit: Sunlight Foundation]

US CIO says White House OMB will continue to explore selling public data

When I asked whether when or if it is acceptable for the United States government to charge companies, journalists and the public for government data, citing the example of paywalled immigration data, the chief information officer of the United States told me that “it’s part of the commercial equation” and that it was “actually a discussion point for the strategy” in her office in the White House Office of Management and Budget.

“I don’t have a specific answer,” Suzette Kent went on. “That is something that we’re looking at because there’s many tenets of it. There’s some data the government collects & document on behalf of the american public that may have the mode. There’s other types of data, that people are asking for. It’s a broad spectrum and one we are going to continue to explore.” Kent was speaking at the Data Coalition’s Data Demo Day on June 6 in Washington, DC. Video of the keynote speech she gave on data is embedded below:

When asked about the continued disclosure of data in PDFs and non-machine readable forms by federal agencies, despite President Barack Obama’s 2013 executive order, Kent said simply that she advocates compliance with every executive order and law and cited a Cross-Agency Priority goal to remove paper from agency systems.

Charging for public data is not a new topic or debate, but it has continued to be relevant during the Trump administration, when new concerns have grown about government data access, collection, and quality.

As I wrote back in 2014, local, state and national governments across the United States and around the world can and do charge for access to government data.

While some developers in Europe advocate charging for public sector information (PSI) as a way to ensure higher service levels and quality, adding fees does effectively charge the public for public access and has frequently been used as a barrier to press requests:

A city hall, state house or government agency charging the press or general public to access or download data that they have already paid for with their tax revenues, however, remains problematic.

It may make more sense for policy makers to pursue a course where they always make bulk government data available for free to the general public and look to third parties to stand up and maintain high quality APIs, based upon those datasets, with service level agreements for uptime for high-volume commercial customers.

Instead of exploring a well-trodden path, the United States government should follow the money and determine which data is agencies are currently charging for under public records requests or other means, using FOIA demand to drive open data disclosure.

United States opens public comment on commitments for a new national open government plan

Last fall, the U.S. government delayed formation of the fourth national action plan after committing to participation with a public consultation – despite historic regressions on open government across federal agencies under the Trump administration. This May, the White House quietly … Continue reading

VA rejects Freedom of Information Act request for missing open government plan

The VA is being neither open nor transparent about its missing open government plans or policies. On March 29, 2018, I made a Freedom of Information Act request to the United States Department of Veterans Affairs (VA) in which I … Continue reading

Why I’m joining the Sunlight Foundation

I won’t bury the lede on this story: today is my first day at the Sunlight Foundation as a senior analyst. I’m enormously excited to be joining an organization that’s been at the heart of a global movement towards opening governments to the people they serve with technology, from open source to open data.

If you’ve followed my writing and interests over the past decade, you know that I’m passionate about open government in all of its forms. I’ve been humbled to meet thousands of people around the world who are deeply committed to public service and improving how government functions.

This is a natural fit. From improving public access to information to civic engagement to collaboration around code to participation in democratic governance processes, from regulations to legislation, the Sunlight Foundation has been at the cutting edge of making government more open, effective and accountable.

There’s also a personal reason I made this decision: Jake Brewer, a former Sunlighter and White House staffer who we lost far too early last year, frequently urged me to to make the most of my short time on Earth. This is the right place for me to be.

Long-time readers should expect me to continue writing and participating in this role, creating acts of advocacy journalism in the public interest.

I believe that people have a right to know what is being done in their name by their elected governments. Implicit in that view is the notion that representative democracy is the worst form of government, save for all the rest. It’s up to us to protect and improve the states that we have founded and fought to preserve.

As people who have been paying close attention to Sunlight know, it’s an organization in transition. I’m proud to join up with this open government “restartup”, pitching in where ever my talents are helpful. I believe 2016 is going to be a dynamic year at Sunlight, which is why I’ve thrown in my lot with the extraordinary folks on staff.

I hope that you will continue to send your thoughts, feedback, suggestions, tips and ideas my way in the days and months to come.

Obama Administration Secretly Lobbied Against FOIA Reform In Congress

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A Freedom of Information Act lawsuit showed that the Obama administration vigorously lobbied against Freedom of Information Act reform in Congress.  The documents and correspondence, which were obtained through the Freedom of the Press Foundation’s lawsuit against the Justice Department and reported out by Jason Leopold at Vice Media, showed that the administration was literally lobbying against its own policy becoming law.

The Department of Justice’s six page memorandum shows that the agency opposed Congress making the exact language in Attorney General Eric Holder and President Obama’s 2009 memorandums on FOIA law.

The Justice Department opposing FOIA reform direct conflicts commitments made in the U.S. National Action Plan on Open Government required as part of its participation in  the Open Government Partnership.

I asked Ambassador Power how the United States can be a credible leader on open government if the White House and DoJ does this. In an alternate universe, she and the administration would respond publicly.

Unfortunately, it’s easy to predict the outcome of this news: publicly committing to open government reforms and then undermining them privately will erode abysmal levels of trust in government even more.

In the face of hypocrisy from the Justice Department on this count, the public should  call on their Senators to make the Freedom of Information Act reform legislation the House of Representatives passed in January into law.

Congress releases open data on bill status

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Imagine searching Facebook, Google or Twitter for the status of a bill before Congress and getting an instant result. That future is now here, but it’s not evenly implemented yet.

When the Library of Congress launched Congress.gov in 2012, they failed to release the data behind it. Yesterday, that changed when the United States Congress started releasing data online about the status of bills.

For the open government advocates, activists and civic hackers that have been working for over a decade for this moment, seeing Congress turn on the data tap was a historic shift.

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Congressional leaders from both sides of the aisle applauded the release of House and Senate bill status information by the U.S. Government Printing Office and Library of Congress.

“Today’s release of bill status information via bulk download is a watershed moment for Congressional transparency,” said House Majority Leader Kevin McCarthy (R-CA), in a statement. “By modernizing our approach to government and increasing public access to information, we can begin to repair the relationship between the people and their democratic institutions. The entire Congressional community applauds the dedication of the Legislative Branch Bulk Data Task Force, the Office of the Clerk, the House Appropriations Committee, GPO, and the Library of Congress, which worked together to make this progress possible.”

“Building off previous releases of bills and summaries, today’s release of bill status information largely completes the overarching goal of providing bulk access to all the legislative data that traditionally has been housed on Thomas.gov and now also resides on Congress.gov,” said Democratic Whip Steny Hoyer (D-MD). “This is a major accomplishment that has been many years in the making. It goes a long way toward making Congress more transparent and accessible to innovation through third party apps and systems. I applaud the dedicated civil servants who made this possible at the Legislative Branch service agencies, and I want to thank the Bulk Data Task Force for their leadership in this effort. While this largely completes a major goal of the Task Force, I look forward to continuing to workwith them to further modernize the U.S. Congress.”

The impact of open government data releases depend upon publicy and political agency. Releasing the states of bills before Congress in a way that can be baked in by third party apps and services is a critical, laudable step in that direction, but much more remains to be done in making the data more open and putting it to use and re-use. If the Library of Congress opens up an application programming interface for the data that supplies both Congress.gov and the public, it would help to reduce the asynchrony of legislative information between the public and elites who can afford to pay for Politico’s Legislative Compass or Quorum Analytics that is the status quo today.

In an era when Congress job approval ratings and trust in government are at historic lows, the shift didn’t make news beyond the Beltway. Govtrack.us, which is based upon data scraped from the Library of Congress, has been online for years. Until this XML data is used by media and technology companies in ways that provide the public with more understanding of what Congress is doing on their behalf and give them more influence in that legislative process, that’s unlikely to change quickly.

New Freedom of Information Act Reform Bill Introduced In Congress

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On Tuesday, the U.S. House of Representatives will once again weigh reforming the Freedom of Information Act to improve how the most important open government law of the United States is honored.

The FOIA Reform Act,  authored by Rep. Darrell Issa (R-CA) is once again on the Congressional Calendar, with an additional 22 page report, H.R. 391.

According to government transparency advocate Lisette Garcia, an expert on FOIA law, the new FOIA bill (H.R. 653) was “heavily negotiated between both parties throughout the drafting stages.” She expects it to be considered in suspension of ordinary debate rules and fast-tracked with little opportunity for public input.

Garcia, who alerted us to the new bill text via email, said that Congressman Jason Chaffetz (R-CO) gave her an advance copy of the bill last December in exchange for her feedback as an experienced FOIA requester.

“Now is the time to register any objection or endorsement you may want to offer regarding any specific provisions,” she wrote.”Feedback to your representative, or any member of the Oversight Committee, may be submitted by calling the U.S. House switchboard at (202) 224-3121.”
That feedback matters because of the way that FOIA reform died in 2014.

Alert readers may recall that Congress was poised to enact historic Freedom of Information Act reforms in late 2014, only to see FOIA reform die as the press looked the other way and lobbying by the financial industry scuttled it at the last minute.

That was a huge loss for the public interest and a giant missed opportunity for public engagement around public access to public information.

Despite FOIA reform passing both Houses of Congress unanimously, the government transparency bill expired when federal agencies, including the Justice Department and the Federal Trade Agency, reportedly lobbied against the bill when it came before the House one final time and Speaker of the House John Boehner failed to put it on the legislative calendar.

The fiasco led press freedom advocates to criticize the Obama administration for failing to support making the same FOIA policy the President introduced and endorsed publicly in 2009 the law of the land.

Over the past several years, the Obama administration has committed and recommitted to modernizing how the federal government complies with the Freedom of Information Act for years.

On the one hand, there has been progress on a new website for requests and pilot projects for ‘release to one, release to all’ policies. The administration has also released  vast amounts of public data online and used technology to inform and engage the public in governance and science in unprecedented ways, from crowdsourcing and challenges to social media.

On the other, there’s a gap between what the Obama administration says about open government and how it follows through when informed members of the public ask tough questions.

The “presumption of openness” presented with such hope on the first day of President Barack Obama’s presidency in 2009 hasn’t led to the change that the public wished to see in 2016.

Researchers at the FOIA Project at Syracuse University found last week that there was a record number of pending FOIA lawsuits in 2015.

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FOIA reform may face higher barriers to passing in the 114th Congress, but it’s more sorely needed than ever.

Here’s one way to give it some more attention. At the end of 2015, the Obama administration outlined 45 different ways it’s working to make the U.S. government more open and accountable to the people it serves.

If the White House intends to fulfill the open government promise it made in January 2009, President Barack Obama could start by adding a single sentence endorsing FOIA reform in Congress during his final State of the Union speech tomorrow night, making the “presumption of openness” law.

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If President Obama still believes that he has led the “most transparent administration in history,” maybe it’s time to ask the public and Congress to make his public policies permanent so that the next inhabitant of the People’s House cannot easily reverse them.

Updates: 

  1. Yes, FOIA is still broken, but for more reasons than you might think. 

    The Washington Times and The Blaze  reported on today’s House Oversight Committee’s report, which lambasted the Obama administration’s handling of FOIA requests as “hobbled” and “broken.”What both publications left out — along with Congressman Issa, who wrote an op-ed in the Daily Caller about the FOIA Oversight and Implementation Act he sponsored — is important. As the Wall Street Journal reported in 2013 and the New York Times reported today, the private sector is a huge user of this open government law. Consulting groups and hedge funds use FOIA requests for business intelligence.

    In fact, according to a 2015 study by Margaret B. Kwoka, an assistant professor at the University of Denver Sturm College of Law, cited by the Times, commercial resellers of data make the majority of FOIA requests at some federal agencies: 75%+ at the FDA, 9% at the Defense Logistics Agency.

    In theory, a “release to one, release to all” policy would address this issue, if FOIA officers and agencies worked to reconcile it with complementary efforts to proactive disclosure of open data online across the federal government — and the Department of Justice was willing to hold agencies and itself to a higher standard.

  2. This reform could weaken the current Freedom of Information Act.
    While they’re supportive of the core reforms that are preserved from the original FOIA Reform Act, open government advocates are decrying the addition of new language that would exempt the U.S. intelligence community from certain provisions of the Freedom of Information Act, including the consultation process that the bill would create.

    Yep: this FOIA reform bill could enable a vast portion of the federal government to be more secretive, not less.

    “The changes to the House FOIA bill, added as a result of a last-minute demand of HPSCI, is a pattern that is becoming all too familiar and objectionable” said Patrice McDermott, the executive director of OpenTheGovernment.org, in a statement.

    “The efforts to exempt the Intelligence Community are not acceptable. They are particularly offensive in this bill intended to promote openness across the federal government.”

  3. FOIA reform passed the House but the bill is not law yet.

     The Hill reported that the House is poised to approve the FOIA reform bill on Tuesday, Jan.12.

    In fact, the House moved to consider H.R. 653 “as amended” on Monday night, under suspension of the rules, and passed the bill under voice vote.

    Now that the House has passed FOIA reform (again), it’s on to the Senate.

 

U.S. Civil Society Groups release model National Open Government Action Plan

This is the week for seeking feedback on open government in the United States. 4 days ago, the White House published a collaborative online document that digitized the notes from an open government workshop held during Sunshine Week in March. Today, Abby Paulson from OpenTheGovernment.org uploaded a final draft of a Model National Action Plan to the Internet, as a .doc. I’ve uploaded it to Scribd and embedded it below for easy browsing.

Nelson shared the document over email with people who contributed to the online draft.

Thank you so much for contributing to the civil society model National Action Plan. The Plan has made its way from Google Site to Word doc (attached)! We will share these recommendations with the White House, and I encourage you to share your commitments with any government contacts you have. If you notice any errors made in the transition from web to document, please let me know. If there are any other organizations that should be named as contributors, we will certainly add them as well. The White House’s consultation for their plan will continue throughout the summer, so there are still opportunities to weigh in. Additional recommendations on surveillance transparency and beneficial ownership are in development. We will work to secure meetings with the relevant agencies and officials to discuss these recommendations and make a push for their inclusion in the official government plan. So, expect to hear from us in the coming weeks!