Regulatory Compliance

This memorandum directs executive agencies with broad regulatory compliance responsibilities to develop plans within 120 days to make their enforcement and compliance data publicly accessible, downloadable, and searchable online. It also instructs the Federal CIO and CTO to work with agencies to publish this data on centralized platforms like Data.gov and to explore cross-agency data sharing for risk-based enforcement.

Federal Register Open PDF 76 FR 3825

Impact dates

May 18, 2011
Agencies develop plans to make regulatory compliance and enforcement information publicly accessible online

Key directives

Agencies with broad regulatory compliance responsibilities shall develop plans within 120 days to make compliance/enforcement data accessible, downloadable, and searchable online
Agencies should prioritize most useful public information and consider real-time data technologies
Independent agencies encouraged to comply
Federal CIO and CTO shall work with agencies to publish data on centralized platforms like data.gov
Federal CIO and CTO, with OMB Director, shall explore cross-agency enforcement data sharing

Who is ordered

Timeline

Immediate

Memorandum issued to agency heads
OMB Director authorized to publish in Federal Register

Near term (90d)

Agencies must develop plans for online disclosure of compliance/enforcement data (120 days)

Long term

Implementation of online public data platforms
Cross-agency data sharing mechanisms
Potential expansion to independent agencies

Risks & tensions

Phrase 'to the extent feasible and permitted by law' creates substantial flexibility and potential non-compliance
Independent agencies only 'encouraged,' not directed, limiting uniformity
Exclusion of 'law enforcement or otherwise sensitive information' leaves significant room for agency discretion
Cross-agency data sharing raises privacy and inter-agency coordination challenges