Tracking OGP Implementation (US0080)
Overview
At-a-Glance
Action Plan: United States Action Plan 2015-2017
Action Plan Cycle: 2015
Status: Inactive
Institutions
Lead Institution: The Office of Management and Budget and the Office of Science and Technology Policy
Support Institution(s): NA
Policy Areas
Public ParticipationIRM Review
IRM Report: United States End-of-Term IRM Report 2015-2017, United States Mid-Term Report 2015-2017
Starred: No
Early Results: Marginal
Design i
Verifiable: Yes
Relevant to OGP Values: Access to Information , Civic Participation
Implementation i
Description
The Office of Management and Budget and the Office of Science and Technology Policy will work with an existing interagency open government group made up of individuals from across the Executive Branch to develop guidelines for Federal agencies as they update their Open Government Plans in 2016. These guidelines will require agencies to publish annual progress reports describing implementation progress and will include updating agencies’ Open Government web pages. The Administration will solicit input from civil society organizations for the updated guidance.
IRM Midterm Status Summary
For details of these commitments, see the report: https://www.opengovpartnership.org/documents/united-states-mid-term-report-2015-2017/
IRM End of Term Status Summary
Commitment 28. Track Implementation of Open Government Plans
Commitment Text:
Track Agency Progress of Open Government Plan Implementation
The Office of Management and Budget and the Office of Science and Technology Policy will work with an existing interagency open government group made up of individuals from across the Executive Branch to develop guidelines for Federal agencies as they update their Open Government Plans in 2016. These guidelines will require agencies to publish annual progress reports describing implementation progress and will include updating agencies’ Open Government web pages. The Administration will solicit input from civil society organizations for the updated guidance.
Responsible Institutions: Office of Management and Budget, the Office of Science and Technology Policy
Supporting Institutions: Civil society organizations
Start Date: Not Specified ....... End Date: Not Specified
Commitment Aim
This commitment aimed to leverage an interagency open government group to develop guidelines for agencies working on agency-specific Open Government Plans in 2016, specifically by requiring agencies to update their open government webpages and publishing progress reports annually.
Status
Midterm: Limited
At the midterm, the government had made limited progress on this commitment, as the government did not issue the Guidelines referenced under the commitment until July 2016. [397]
End of term: Complete
This commitment is complete at the end of term.
On 14 July 2016, the government issued “Memorandum for the Heads of Executive Departments and Agencies” (hereafter M-16-16). [398] The memorandum comprises the guidelines described in the commitment text, and requires federal agencies to update their open government webpages to include their open government plans no later than 16 September 2016. The memorandum also requires that agencies “publish progress reports… at least annually,” with agencies soliciting “public input and feedback” on their open government plans. The memorandum applies to all federal agencies subject to the Chief Financial Officers Act of 1990, which includes 15 federal cabinet agencies and nine federal non-cabinet agencies. [399] As far as civic engagement, a request for comments on the guidance was sent out previously to civil society organizations via the US Open Government Google Group in January 2016. [400]
Did It Open Government?
Access to Information: Did Not Change
Civic Participation: Marginal
At the agency-level, compliance with the new guidelines has been inconsistent. With respect to the online publication of agencies’ open government plans, a Sunlight Foundation study
[397] For government confirmation, see Open Government Partnership. “United States of America Midterm Self-Assessment Report for the Open Government Partnership: Third Open Government National Action Plan, 2015–2017.” p.30. September 2016. https://www.opengovpartnership.org/sites/default/files/USA_NAP3_self-assessment-report_20160916.pdf. Consulted 2 October 2017.
[398] Scott, Tony and Megan Smith. Executive Office of the President; Office of Management and Budget. 14 July 2016. “Memorandum for the Heads of Executive Departments and Agencies.” M-16-16. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2016/m-16-16.pdf. . Consulted 17 September 2017.
[399] For a discussion of this act in the context of agencies’ requirements to publish open government plans, see Howard, Alex. “Federal Agencies Subject to CFO Act Near Full Compliance with Open Government Directive.” Sunlight Foundation. 4 January 2017. https://sunlightfoundation.com/2017/01/04/federal-agencies-subject-to-cfo-act-near-full-compliance-with-open-government-directive/. Consulted 17 September 2017. For the text of the act, see “Chief Financial Officers Act of 1990.” HR5697. https://www.congress.gov/bill/101st-congress/house-bill/5687. Consulted 17 September 2017.
[400] US Open Government Google Group, 8 January 2016, https://groups.google.com/forum/#!topic/us-open-government/7hy0hN4gR_M.
[401] found that eight out of 15 federal cabinet agencies had not published them as of 16 September 2016, as required under the 2009 Open Government Directive and the 2016 Memorandum. By the end of 2016, an updated study by the Sunlight Foundation found that plans were available for 13 of out of 15 agencies, with plans outstanding for the Department of Veteran Affairs and the Department of the Interior. [402] At the close of the end-of-term evaluation period, neither department had posted its open government plan online. [403] Per this same study, all nine non-cabinet agencies had published their 2016 open government plans online by the end of 2016. [404] However, given that these plans represent an updating of agencies’ intentions and practices with respect to open government on a bi-annual basis—a requirement that agencies have largely compiled with in the past—the progress in publishing the plans does not constitute a change in government practice as it relates to access to information.Progress reports documenting implementation progress for federal agencies’ 2016 open government plans, as required under M-16-16, were not publicly available for any federal cabinet agencies at the end of term. However, as all agencies’ current plans date from September or October 2016, [405] any such reports are not required to be released until after the close of the end-of-term reporting period. The improved tracking of the implementation of open government plans—the main intended outcome of this commitment—will therefore take place after the period of this action plan.
With respect to civic participation, this commitment marginally opened government with respect to civic participation. As noted in the US Open Government Google Group, four government agencies—the Department of State, the Environmental Protection Agency, the National Archives, and NASA—all solicited inputs for potential inclusion in their open government plans via online fora, [406] representing an opportunity for civil society to engage with government. Relatedly, during an Open Government Consultation Session held on 23 August 2016, the government provided civil society organizations with an opportunity to provide recommendations pertaining to federal agencies open government plans through a series of “lighting talks.” [407]
However, the IRM researcher did not observe evidence of any further engagement with civil society beyond the aforementioned calls for comments and lightning talks, with the former covering a small number of agencies and the latter perceived as rushed and insufficiently interactive [408] by at least one civil society participant. Moreover, a related study by the Sunlight Foundation indicated that only three out of 15 federal cabinet agencies (the Departments of State, Health and Human Services, and Transportation) actually provided a draft plan for public comment, [409] further highlighting the limited magnitude of civic participation under this commitment.
Carried Forward?
At the time of writing, the US government had not published its fourth national action plan, so it is unclear if this commitment will be carried forward. Federal agencies should nevertheless make attempts to comply with the M-16-16 in order to offer the public a fuller view of agencies’ open government activities. In light of the limited opportunities for civil society to engage with government agencies on the development of their open government plans, the federal government should further aim to broaden opportunities for inputs by members of civil society (both in-person and online), and develop a public-facing online platform that contains a centralized listing of all opportunities for public commenting on agencies’ open government plans. Further advancements could also include real-time reporting on agencies’ implementation of their open government plans, representing an improvement in access to information regarding agencies’ progress on this front.
[401] Howard, Alex. “Half of US Cabinet agencies fail to comply with Open Government Directive.” Sunlight Foundation.16 September 2016. https://sunlightfoundation.com/2016/09/16/half-of-u-s-cabinet-agencies-fail-to-comply-with-open-government-directive/. Consulted 17 September 2017.
[402] Howard, Alex. “Federal Agencies Subject to CFO Act Near Full Compliance with Open Government Directive.” Sunlight Foundation. 4 January 2017. https://sunlightfoundation.com/2017/01/04/federal-agencies-subject-to-cfo-act-near-full-compliance-with-open-government-directive/. Consulted 17 September 2017.
[403] The most recent available plan for the Department of Veteran Affairs dates from 2010. See US Department of Veteran Affairs “Open Government.” https://www.va.gov/open/. Consulted 17 September 2017.The most recent plan for the Department of Veteran Affairs dates from June 2014. See US Department of the Interior “Open Government Initiative.” https://www.doi.gov/open. Consulted 27 September 2017.
[404] These agencies include the Agency for International Development, the Environmental Protection Agency, the General Services Administration, the National Aeronautics and Space Administration, the National Science Foundation, the Nuclear Regulatory Commission, the Office of Personnel Management, the Small Business Administration, and the Social Security Administration. For the complete list and plan tabulation, see Howard, Alex. “Federal Agencies Subject to CFO Act Near Full Compliance with Open Government Directive.” Sunlight Foundation. 4 January 2017. https://sunlightfoundation.com/2017/01/04/federal-agencies-subject-to-cfo-act-near-full-compliance-with-open-government-directive/. Consulted 17 September 2017.
[405] The months indicated here derive from the IRM Researcher’s review of agencies’ 2016 open government plans on an agency-by-agency basis.
[406] US Open Government Google Group. “Public Participation Regarding Open Government Plan Updates: Which Agencies are Consulting?” 22 August 2016. https://groups.google.com/forum/#!topic/us-open-government/_zTju6CB1sc. Consulted 17 March 2018.
[407] US Open Government Google Group. “RE: Open Gov Plan Consultation Session.” 24 August 2016. https://groups.google.com/forum/#!topic/us-open-government/q9GAPmEyUQY. Consulted 17 March 2018.
[408] Ibid.
[409] Howard, Alex. “Federal Agencies Subject to CFO Act Near Full Compliance with Open Government Directive.” Sunlight Foundation. 4 January 2017. https://sunlightfoundation.com/2017/01/04/federal-agencies-subject-to-cfo-act-near-full-compliance-with-open-government-directive/. Consulted 17 September 2017.
Commitments
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Federal Data Strategy
US0105, 2019, E-Government
-
Grants Accountability
US0106, 2019, E-Government
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Public Access to Federally Funded Research
US0107, 2019, Access to Information
-
Workforce Data Standards
US0108, 2019, E-Government
-
Chief Data Officers
US0109, 2019, Access to Information
-
Open Data for Public Health
US0110, 2019, Access to Information
-
Enterprise Objective
US0111, 2019, Capacity Building
-
Developing Future Action Plans
US0112, 2019, Public Participation
-
Reconstitution of the USA.gov
US0053, 2015, E-Government
-
Accessibility of Government Information Online
US0054, 2015, Marginalized Communities
-
Access to Educational Resources
US0055, 2015, Access to Information
-
Public Listing of Every Address in the US
US0056, 2015, Access to Information
-
Informed Decisions About Higher Education.
US0057, 2015, Access to Information
-
New Authentication Tools to Protect Individual Privacy and Ensure That Personal Records Go Only to the Intended Recipients.
US0058, 2015,
-
Transparency of Open311
US0059, 2015, E-Government
-
Support Medicine Research Throught Opening up Relevant Data of the Field
US0060, 2015, Access to Information
-
Access to Workforce Data
US0061, 2015, Access to Information
-
Using Evidence and Concrete Data to Improve Public Service Delivery
US0062, 2015, Capacity Building
-
Expand Use of the Federal Infrastructure Permitting Dashboard
US0063, 2015,
-
Consolidation of Import and Export Systems
US0064, 2015, E-Government
-
Improving Government Records
US0065, 2015, Access to Information
-
Ammendments to FOIA
US0066, 2015, Access to Information
-
Streamline the Declassification Process
US0067, 2015, Capacity Building
-
Implement the Controlled Unclassified Information Program
US0068, 2015, Access to Information
-
Transparency of Privacy Programs and Practices
US0069, 2015, Capacity Building
-
Transparency of Federal Use of Investigative Technologies
US0070, 2015, E-Government
-
Increase Transparency of the Intelligence Community
US0071, 2015, Access to Information
-
Open Science Through Open Data
US0072, 2015, Access to Information
-
Open Data Portal
US0073, 2015, E-Government
-
Increase Transparency of Trade Policy and Negotiations
US0074, 2015, E-Government
-
Develop a Machine Readable Government Organizational Chart
US0075, 2015, Access to Information
-
Improving Public Participation
US0076, 2015, Public Participation
-
Expand Public Participation in the Development of Regulations
US0077, 2015, Public Participation
-
Civic Engagement in Decision-Making Processes
US0078, 2015, Public Participation
-
Open Mapping
US0079, 2015, Access to Information
-
Tracking OGP Implementation
US0080, 2015, Public Participation
-
Strengthening Whistleblower Protection
US0081, 2015, Anti-Corruption
-
Transparency of Legal Entities
US0082, 2015, Anti-Corruption
-
Extractive Industries Transparency
US0083, 2015, Anti-Corruption
-
Spending Transparency
US0084, 2015, Access to Information
-
Enhance the Use of U.S. Foreign Assistance Information
US0085, 2015, Aid
-
Participatory Budgets and Responsive Spending
US0086, 2015, Fiscal Openness
-
Expand Access to Justice to Promote Federal Programs
US0087, 2015, Access to Justice
-
Build Safer Communities with Police Open Data
US0088, 2015, Access to Information
-
Open Federal Data to Benefit Local Communities
US0089, 2015, Access to Information
-
Support the Municipal Data Network
US0090, 2015, Access to Information
-
Foster Data Ecosystems
US0091, 2015, Capacity Building
-
Extend Digital, Data-Driven Government to Federal Government’S Support for Communities
US0092, 2015, Capacity Building
-
Promote Implementation of SDGs
US0093, 2015, Access to Information
-
Promote Open Climate Data
US0094, 2015, Access to Information
-
Air Quality Data Available
US0095, 2015, Access to Information
-
Promote Food Security and Data Sharing for Agriculture and Nutrition
US0096, 2015, Access to Information
-
Promote Data Sharing About Global Preparedness for Epidemic Threats
US0097, 2015, Capacity Building
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Promote Global Interconnectivity
US0098, 2015, Aid
-
Open Contracting
US0099, 2015, Access to Information
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Harness the Data Revolution for Sustainable Development
US0100, 2015, Access to Information
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Open Government to Support Global Sustainable Development
US0101, 2015, Anti-Corruption
-
Open Collaboration Onf the Arctic
US0102, 2015, Environment and Climate
-
Support Capacity Building for Extractives Transparency
US0103, 2015, Anti-Corruption
-
Support Responsible Investment and Business Practices for Companies
US0104, 2015, Private Sector
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Improve Public Participation in Government
US0027, 2013, Capacity Building
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Modernize Management of Government Records
US0028, 2013, Records Management
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Modernize the Freedom of Information Act
US0029, 2013, Access to Information
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Transform the Security Classification System
US0030, 2013, Records Management
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Implement the Controlled Unclassified Information Program
US0031, 2013, Security & Public Safety
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Increase Transparency of Foreign Intelligence Surveillance Activities
US0032, 2013, Data Stewardship and Privacy
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Make Privacy Compliance Information More Accessible
US0033, 2013, E-Government
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Support and Improve Agency Implementation of Open Government Plans
US0034, 2013,
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Strengthen and Expand Whistleblower Protections for Government Personnel
US0035, 2013, Anti-Corruption
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Increase Transparency of Legal Entities Formed in the United States
US0036, 2013, Fiscal Openness
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Implement the Extractive Industries Transparency Initiative
US0037, 2013, Access to Information
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Make Fossil Fuel Subsidies More Transparent
US0038, 2013, Anti-Corruption
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Increase Transparency in Spending
US0039, 2013, Access to Information
-
Increase Transparency of Foreign Assistance
US0040, 2013, Aid
-
Continue to Improve Performance.Gov
US0041, 2013, E-Government
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Consolidate Import and Export Systems to Curb Corruption
US0042, 2013, Private Sector
-
Promote Public Participation in Community Spending Decisions
US0043, 2013, Fiscal Openness
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Expand Visa Sanctions to Combat Corruption
US0044, 2013, Anti-Corruption
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Further Expand Public Participation in the Development of Regulations
US0045, 2013, Capacity Building
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Open Data to the Public
US0046, 2013, Access to Information
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Continue to Pilot Expert Networking Platforms
US0047, 2013, Public Participation
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Reform Government Websites
US0048, 2013, E-Government
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Promote Innovation Through Collaboration and Harness the Ingenuity of the American Public
US0049, 2013, Capacity Building
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Promote Open Education to Increase Awareness and Engagement
US0050, 2013, E-Government
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Deliver Government Services More Effectively Through Information Technology
US0051, 2013, E-Government
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Increase Transparency in Spending
US0052, 2013, Access to Information
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Reform Records Management
US0001, 2011, Public Participation
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Lead a Multi-Agency Effort
US0002, 2011, Capacity Building
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Monitor Agency Implementation of Plans
US0003, 2011, Public Participation
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Provide Enforcement and Compliance Data Online
US0004, 2011, Access to Information
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Advocate for Legislation Requiring Meaningful Disclosure
US0005, 2011, Legislation & Regulation
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Apply Lessons from Recovery Act to Increate Spending Transparency
US0006, 2011, Fiscal Openness
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Government-Wide Reporting Requirements for Foreign Aid
US0007, 2011, Access to Information
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Use Performanc.Gov to Improve Government Performance and Accountability
US0008, 2011, Public Participation
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Overhaul the Public Participation Interface on Regulations.Gov
US0009, 2011, Legislation & Regulation
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Launch Expertnet
US0010, 2011, E-Government
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Launch International Space Apps Competition
US0011, 2011, E-Government
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Launch “We the People”
US0012, 2011, E-petitions
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Open Source “We the People”
US0013, 2011, E-petitions
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Develop Best Practices and Metrics for Public Participation
US0014, 2011, Capacity Building
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Professionalize the FOIA Administration
US0015, 2011, Access to Information
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Harness the Power of Technology
US0016, 2011, Access to Information
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Advocate for Legislation on Whistleblower Protection
US0017, 2011, Anti-Corruption
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Explore Executive Authority to Protect Whistleblowers
US0018, 2011, Anti-Corruption
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Implement the EITI
US0019, 2011, Anti-Corruption
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Partnership to Build on Recent Progress
US0020, 2011, Anti-Corruption
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Promote Data.Gov to Spur Innovation Through Open Sourcing
US0021, 2011, Access to Information
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Data.Gov: Foster Communities on Data.Gov
US0022, 2011, Access to Information
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Begin Online National Dialogue with the American Public
US0023, 2011, Public Participation
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Update Government-Wide Policies for Websites
US0024, 2011, Public Participation
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Promote Smart Disclosure to Ensure Timely Release of Information
US0025, 2011, Access to Information
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Publish Guidelines on Scientific Data
US0026, 2011, Access to Information