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EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF MANAGEMENT AND BUDGET

WASHINGTON, D.C. 20503

T HE DI REC T O R

December 8, 2008

M-10-06

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

FROM:

Peter R. Orszag

Director

SUBJECT:

Open Government Directive

In the Memorandum on Transparency and Open Government, issued on January 21,

2009, the President instructed the Director of the Office of Management and Budget (OMB) to

issue an Open Government Directive. Responding to that instruction, this memorandum is

intended to direct executive departments and agencies to take specific actions to implement the

principles of transparency, participation, and collaboration set forth in the President’s

Memorandum. This Directive was informed by recommendations from the Federal Chief

Technology Officer, who solicited public comment through the White House Open Government

Initiative.

The three principles of transparency, participation, and collaboration form the

cornerstone of an open government. Transparency promotes accountability by providing the

public with information about what the Government is doing. Participation allows members of

the public to contribute ideas and expertise so that their government can make policies with the

benefit of information that is widely dispersed in society. Collaboration improves the

effectiveness of Government by encouraging partnerships and cooperation within the Federal

Government, across levels of government, and between the Government and private institutions.

This Open Government Directive establishes deadlines for action. But because of the

presumption of openness that the President has endorsed, agencies are encouraged to advance

their open government initiatives well ahead of those deadlines. In addition to the steps

delineated in this memorandum, Attorney General Eric Holder earlier this year issued new

guidelines

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for agencies with regard to the Freedom of Information Act (FOIA). With those

guidelines, the Attorney General reinforced the principle that openness is the Federal

Government’s default position for FOIA issues.

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This memorandum requires executive departments and agencies to take the following

steps toward the goal of creating a more open government:

To increase accountability, promote informed participation by the public, and create

economic opportunity, each agency shall take prompt steps to expand access to

information by making it available online in open formats.

a. Agencies shall respect the presumption of openness by publishing information

online (in addition to any other planned or mandated publication methods) and by

preserving and maintaining electronic information, consistent with the Federal

Records Act and other applicable law and policy. Timely publication of

information is an essential component of transparency. Delays should not be

viewed as an inevitable and insurmountable consequence of high demand.

With respect to information,

the presumption shall be in favor of openness (to the extent permitted by law and subject

to valid privacy, confidentiality, security, or other restrictions).

b. To the extent practicable and subject to valid restrictions, agencies should publish

information online in an open format that can be retrieved, downloaded, indexed,

and searched by commonly used web search applications. An open format is one

that is platform independent, machine readable, and made available to the public

without restrictions that would impede the re-use of that information.

c. To the extent practical and subject to valid restrictions, agencies should

proactively use modern technology to disseminate useful information, rather than

waiting for specific requests under FOIA.

d. Within 45 days, each agency shall identify and publish online in an open format at

least three high-value data sets (see attachment section 3.a.i) and register those

data sets via Data.gov. These must be data sets not previously available online or

in a downloadable format.

e. Within 60 days, each agency shall create an Open Government Webpage located

at http://www.[agency].gov/open to serve as the gateway for agency activities

related to the Open Government Directive and shall maintain and update that

webpage in a timely fashion.

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The Federal Government has defined information in OMB Circular A-130, “Management of Federal Information

Resources,” as any communication or representation of knowledge such as facts, data, or opinions presented in any

medium or format.

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f. Each Open Government Webpage shall incorporate a mechanism for the public

to:

i. Give feedback on and assessment of the quality of published information;

ii. Provide input about which information to prioritize for publication; and

iii. Provide input on the agency’s Open Government Plan (see 3.a.).

g. Each agency shall respond to public input received on its Open Government

Webpage on a regular basis.

h. Each agency shall publish its annual Freedom of Information Act Report in an

open format on its Open Government Webpage in addition to any other planned

dissemination methods.

i. Each agency with a significant pending backlog of outstanding Freedom of

Information requests shall take steps to reduce any such backlog by ten percent

each year.

j. Each agency shall comply with guidance on implementing specific Presidential

open government initiatives, such as Data.gov, eRulemaking, IT Dashboard,

Recovery.gov, and USAspending.gov.

To improve the quality of government information available to the public, senior leaders

should make certain that the information conforms to OMB guidance on information

quality

a. Within 45 days, each agency, in consultation with OMB, shall designate a high-

level senior official to be accountable for the quality and objectivity

and that adequate systems and processes are in place within the agencies to

promote such conformity.

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Information Quality Act, Pub. L. No. 106-554, section 515; see also, “Guidelines for Ensuring and Maximizing

the Quality, Objectivity, Utility, and Integrity of Information Disseminated by Federal Agencies” (67 FR 8452) and

your agency’s Information Quality Act guidelines.

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The Federal Government has defined quality and objectivity in, “Guidelines for Ensuring and Maximizing the

Quality, Objectivity, Utility, and Integrity of Information Disseminated by Federal Agencies” (67 FR 8452).

Quality is “…the encompassing term, of which ‘utility,’ ‘objectivity,’ and ‘integrity’ are the constituents.”

“‘Objectivity’ focuses on whether the disseminated information is being presented in an accurate, clear, complete,

and unbiased manner, and as a matter of substance, is accurate, reliable, and unbiased.”

of, and

internal controls over, the Federal spending information publicly disseminated

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through such public venues as USAspending.gov or other similar websites. The

official shall participate in the agency’s Senior Management Council, or similar

governance structure, for the agency-wide internal control assessment pursuant to

the Federal Managers’ Financial Integrity Act.

b. Within 60 days, the Deputy Director for Management at OMB will issue, through

separate guidance or as part of any planned comprehensive management

guidance, a framework for the quality of Federal spending information publicly

disseminated through such public venues as USAspending.gov or other similar

websites. The framework shall require agencies to submit plans with details of

the internal controls implemented over information quality, including system and

process changes, and the integration of these controls within the agency’s existing

infrastructure. An assessment will later be made as to whether additional guidance

on implementing OMB guidance on information quality is necessary to cover

other types of government information disseminated to the public.

c. Within 120 days, the Deputy Director for Management at OMB will issue,

through separate guidance or as part of any planned comprehensive management

guidance, a longer-term comprehensive strategy for Federal spending

transparency, including the Federal Funding Accountability Transparency Act and

the American Reinvestment and Recovery Act. This guidance will identify the

method for agencies to report quarterly on their progress toward improving their

information quality.

To create an unprecedented and sustained level of openness and accountability in every

agency, senior leaders should strive to incorporate the values of transparency,

participation, and collaboration into the ongoing work of their agency. Achieving a more

open government will require the various professional disciplines within the Government

– such as policy, legal, procurement, finance, and technology operations – to work

together to define and to develop open government solutions. Integration of various

disciplines facilitates organization-wide and lasting change in the way that Government

works.

a. Within 120 days, each agency shall develop and publish on its Open Government

Webpage an Open Government Plan that will describe how it will improve

transparency and integrate public participation and collaboration into its activities.

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The implementing guidance for the Federal Managers’ Financial Integrity Act can be found in OMB Circular A-

123, “Management’s Responsibility for Internal Control.”

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Additional details on the required content of this plan are attached. Each agency’s

plan shall be updated every two years.

b. Within 60 days, the Federal Chief Information Officer and the Federal Chief

Technology Officer shall create an Open Government Dashboard on

available each agency’s Open Government Plan, together with aggregate statistics

and visualizations designed to provide an assessment of the state of open

government in the Executive Branch and progress over time toward meeting the

deadlines for action outlined in this Directive.

c. Within 45 days, the Deputy Director for Management at OMB, the Federal Chief

Information Officer, and the Federal Chief Technology Officer will establish a

working group that focuses on transparency, accountability, participation, and

collaboration within the Federal Government. This group, with senior level

representation from program and management offices throughout the

Government, will serve several critical functions, including:

i. Providing a forum to share best practices on innovative ideas to promote

transparency, including system and process solutions for information

collection, aggregation, validation, and dissemination;

ii. Coordinating efforts to implement existing mandates for Federal spending

transparency, including the Federal Funding Accountability Transparency

Act and the American Reinvestment and Recovery Act; and

iii. Providing a forum to share best practices on innovative ideas to promote

participation and collaboration, including how to experiment with new

technologies, take advantage of the expertise and insight of people both

inside and outside the Federal Government, and form high-impact

collaborations with researchers, the private sector, and civil society.

d. Within 90 days, the Deputy Director for Management at OMB will issue, through

separate guidance or as part of any planned comprehensive management

guidance, a framework for how agencies can use challenges, prizes, and other

incentive-backed strategies to find innovative or cost-effective solutions to

improving open government.

Emerging technologies open new forms of communication between a government and the

people. It is important that policies evolve to realize the potential of technology for open

government.

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a. Within 120 days, the Administrator of the Office of Information and Regulatory

Affairs (OIRA), in consultation with the Federal Chief Information Officer and

the Federal Chief Technology Officer, will review existing OMB policies, such as

Paperwork Reduction Act guidance and privacy guidance, to identify

impediments to open government and to the use of new technologies and, where

necessary, issue clarifying guidance and/or propose revisions to such policies, to

promote greater openness in government.

Nothing in this Directive shall be construed to supersede existing requirements for review

and clearance of pre-decisional information by the Director of the Office of Management and

Budget relating to legislative, budgetary, administrative, and regulatory materials. Moreover,

nothing in this Directive shall be construed to suggest that the presumption of openness

precludes the legitimate protection of information whose release would threaten national

security, invade personal privacy, breach confidentiality, or damage other genuinely compelling

interests.

If you have any questions regarding this memorandum, please direct them to

Information and Regulatory Affairs, Office of Management and Budget at (202) 395-3785.

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Attachment

1. Formulating the Plan: Your agency’s Open Government Plan is the public roadmap

that details how your agency will incorporate the principles of the President’s January

21, 2009, Memorandum on Transparency and Open Government into the core

mission objectives of your agency. The Plan should reflect the input of (a) senior

policy, legal, and technology leadership in your agency and (b) the general public and

open government experts. It should detail the specific actions that your agency will

undertake and the timeline on which it will do so.

2. Publishing the Plan: Consistent with the deadlines set forth in this Directive, the

Plan should be published online on the agency’s Open Government Webpage in an

open format that enables the public to download, analyze, and visualize any

information and data in the Plan.

a. Transparency: Your agency’s Open Government Plan should explain in

detail how your agency will improve transparency. It should describe steps

the agency will take to conduct its work more openly and publish its

information online, including any proposed changes to internal management

and administrative policies to improve transparency. Specifically, as part of

your Plan to enhance information dissemination, your agency should describe

how it is currently meeting its legal information dissemination obligations,

i. A strategic action plan for transparency that (1) inventories agency

high-value information currently available for download; (2) fosters

the public’s use of this information to increase public knowledge and

promote public scrutiny of agency services; and (3) identifies high

value information not yet available and establishes a reasonable

timeline for publication online in open formats with specific target

dates. High-value information is information that can be used to

increase agency accountability and responsiveness; improve public

knowledge of the agency and its operations; further the core mission of

and how it plans to improve its existing information dissemination practices

by providing:

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Paperwork Reduction Act, Pub L. No. 104-13, section 3506(d).

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the agency; create economic opportunity; or respond to need and

demand as identified through public consultation.

ii. In cases where the agency provides public information maintained in

electronic format, a plan for timely publication of the underlying data.

This underlying data should be in an open format and as granular as

possible, consistent with statutory responsibilities and subject to valid

privacy, confidentiality, security, or other restrictions. Your agency

should also identify key audiences for its information and their needs,

and endeavor to publish high-value information for each of those

audiences in the most accessible forms and formats. In particular,

information created or commissioned by the Government for

educational use by teachers or students and made available online

should clearly demarcate the public’s right to use, modify, and

distribute the information.

iii. Details as to how your agency is complying with transparency

initiative guidance such as Data.gov, eRulemaking, IT Dashboard,

Recovery.gov, and USAspending.gov. Where gaps exist, the agency

should detail the steps the agency is taking and the timing to meet the

requirements for each initiative.

iv. Details of proposed actions to be taken, with clear milestones, to

inform the public of significant actions and business of your agency,

such as through agency public meetings, briefings, press conferences

on the Internet, and periodic national town hall meetings.

v. A link to a publicly available website that shows how your agency is

meeting its existing records management requirements.

These

requirements serve as the foundation for your agency’s records

management program, which includes such activities as identifying

and scheduling all electronic records,

vi. A link to a website that includes (1) a description of your staffing,

organizational structure, and process for analyzing and responding to

FOIA requests; (2) an assessment of your agency’s capacity to

analyze, coordinate, and respond to such requests in a timely manner,

and ensuring the timely transfer

of all permanently valuable records to the National Archives.

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36 CFR Subchapter B – Records Management.

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E-Government Act of 2002, Pub L. No. 107-347, section 207(e).

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together with proposed changes, technological resources, or reforms

that your agency determines are needed to strengthen your response

processes; and (3) if your agency has a significant backlog, milestones

that detail how your agency will reduce its pending backlog of

outstanding FOIA requests by at least ten percent each year.

Providing prompt responses to FOIA requests keeps the public

apprised of specific informational matters they seek.

vii. A description or link to a webpage that describes your staffing,

organizational structure, and process for analyzing and responding to

Congressional requests for information.

viii. A link to a publicly available webpage where the public can learn

about your agency’s declassification programs, learn how to access

declassified materials, and provide input about what types of

information should be prioritized for declassification, as appropriate.

Declassification of government information that no longer needs

protection, in accordance with established procedures, is essential to

the free flow of information.

b. Participation: To create more informed and effective policies, the Federal

Government should promote opportunities for the public to participate

throughout the decision-making process. Your agency’s Open Government

Plan should explain in detail how your agency will improve participation,

including steps your agency will take to revise its current practices to increase

opportunities for public participation in and feedback on the agency’s core

mission activities. The specific details should include proposed changes to

internal management and administrative policies to improve participation.

i. The Plan should include descriptions of and links to appropriate

websites where the public can engage in existing participatory

processes of your agency.

ii. The Plan should include proposals for new feedback mechanisms,

including innovative tools and practices that create new and easier

methods for public engagement.

c. Collaboration: Your agency’s Open Government Plan should explain in

detail how your agency will improve collaboration, including steps the agency

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Executive Order 12958, Classified National Security Information.

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will take to revise its current practices to further cooperation with other

Federal and non-Federal governmental agencies, the public, and non-profit

and private entities in fulfilling the agency’s core mission activities. The

specific details should include proposed changes to internal management and

administrative policies to improve collaboration.

i. The Plan should include proposals to use technology platforms to

improve collaboration among people within and outside your agency.

ii. The Plan should include descriptions of and links to appropriate

websites where the public can learn about existing collaboration

efforts of your agency.

iii. The Plan should include innovative methods, such as prizes and

competitions, to obtain ideas from and to increase collaboration with

those in the private sector, non-profit, and academic communities.

d. Flagship Initiative: Each agency’s Open Government Plan should describe

at least one specific, new transparency, participation, or collaboration

initiative that your agency is currently implementing (or that will be

implemented before the next update of the Open Government Plan). That

description should include:

i. An overview of the initiative, how it addresses one or more of the

three openness principles, and how it aims to improve agency

operations;

ii. An explanation of how your agency engages or plans to engage the

public and maintain dialogue with interested parties who could

contribute innovative ideas to the initiative;

iii. If appropriate, identification of any partners external to your agency

with whom you directly collaborate on the initiative;

iv. An account of how your agency plans to measure improved

transparency, participation, and/or collaboration through this initiative;

and

v. An explanation of the steps your agency is taking to make the initiative

sustainable and allow for continued improvement.

e. Public and Agency Involvement: Your agency’s Open Government Plan

should include, but not be limited to, the requirements set forth in this

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attachment. Extensive public and employee engagement should take place

during the formation of this plan, which should lead to the incorporation of

relevant and useful ideas developed in that dialogue. Public engagement

should continue to be part of your agency’s periodic review and modification

of its plan. Your agency should respond to public feedback on a regular basis.