U.S. House Transparency Caucus forum features civic technologies and open government champions

On June 7, the Transparency Caucus of the U.S. House of Representatives hosted a remarkable forum inside of the United States Capitol that featured ten presentations from government officials and members of civil society on innovative tools and technologies. Following … Continue reading

Sunshine and comity featured at US House Modernization Committee hearing

On May 10, the Select Committee on the Modernization of Congress in the United States House of Representatives held a hearing on “opening up the process,” at which 4 different experts talked with Congress about making legislative information more transparent,” from ongoing efforts to proposed reforms to the effect of sunshine laws passed decades ago.

If you’re not up to speed on this committee, it was established on January 4, 2019 the House voted in favor of establishing the Select Committee by an overwhelming margin (418-12) by adopting of Title II of H.Res.6, the Rules of the House of Representatives for the One Hundred Sixteenth Congress, with a sole authority of investigating, studying, holding public hearings, making finding, and developing recommendations to modernize Congress – but no legislative jurisdiction nor ability to take legislative action. The committee has has been fairly described by IssueOne as “the best opportunity in decades” for Congress to improve itself, by looking inward.

The two hours of discussion on May 10 mostly added up to good news for good government, with useful summaries of progress opening up Congress to date from the deputy clerk of the House, proposed recommendations and reforms from GovTrack founder Josh Tauberer and DemandProgress policy director Daniel Schuman that would build on that progress, and some skepticism of sunshine in the legislative process from University of Maryland professor Frances Lee.

I attended the hearing and tweeted from it, as has been my practice for nearly a decade in DC:

The thread of tweets above, however is not meant to be comprehensive, nor could it be fully contextualized in the moment. For that, watch the hearing on YouTube, in the video embedded below:

…and read a summary of the hearing from the Congressional Institute, reporting from Federal Computer Week on “transparency through technology” and Roll Call on ongoing development of an “artificial intelligence engine” (applying machine-learning to structured legislative data), and the latest edition of Demand Progress’ First Branch Forecast, in which Schuman summarizes his testimony and aspects of the hearing.

He and Tauberer recommended from appointing a legislative branch Chief Data Officer, releasing structured data that would feed into the clerk’s tool to show how proposed amendments would change bills, and enact a mandate and open standards for a unique identifier for lobbyists across the U.S. government. Whether those ideas make it into the committee’s recommendations remains to be seen, but they’re worth weighing – along with further studying of the value or risk of increasing or decreasing public access to various aspects of the deliberative processes that constitute legislative and oversight activities.

On a meta note, the process on display at this forum was notable for comity between witnesses and members, openness to the public and press, and engagement online.

The medium is still the message, when it comes showing (not telling) how open a given institution is.

While paying attention to the digital component has become downright mundane in 2019, the Committee demonstrated admirable competence, streaming the hearing online at YouTube, publicized it on social media prior to the event, engaged with the public during the hearing, and published testimony on its website afterwards. (Unfortunately, there’s no text transcription of the hearing on the hearing page. Given the committee’s acknowledgement of the importance of accessibility, it should make sure to get transcripts online.)

As at the most recent “Congressional hackathons,” Members of Congress were able to show good government, ethics and transparency, far away from partisan rancor over white hot political issues or Congressional attempts to conduct constitutional oversight of a corrupt administration.

If you’re interested in following the activities of the committee or providing feedback, visit Modernizecongress.House.gov and scrub in: the People’s House will only be as open, accessible, accountable, and effective as we make it – or demand it to be. There’s no one else coming to help.

After years of delays and democratic regression, USA releases weak open government plan

If the American public wants to see meaningful progress on transparency, accountability or ethics in U.S. government, it should call on Congress to act, not the Trump White House. With little fanfare or notice, the United States of America has … Continue reading

The state of open government (data) remains divided, at risk, and underfunded

What’s next for open data in the United States? That was the open question posed at the Center for Data Innovation (CDI) last week, where a panel of industry analysts and experts gathered to discuss the historic open government data … Continue reading

Livestreaming ban in Tennessee House shows how power can limit the right to record

Livestreaming is not new to American politics in 2019. presidential candidates started using uStream in 2008. But it is much easier than ever before. Recent advances in smartphones and wirelesss Internet access have radically improved the capacity of politicians and … Continue reading

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]

The FCC Should Avoid Regulatory CAPTCHA

This morning, James Grimaldi reported that Ajit Pai, chairman of the Federal Communications Commission, has told two U.S. Senators that he has proposed “to rebuild and re-engineer” the agency’s online electronic comment system “to institute appropriate safeguards against abusive conduct.” … Continue reading

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.