Transparency and Open Government

This memorandum establishes principles of transparency, participation, and collaboration as core values for the Obama Administration and directs the CTO, OMB Director, and GSA Administrator to develop within 120 days recommendations for an Open Government Directive that would instruct agencies to take specific implementing actions.

Federal Register Open PDF 74 FR 4685

Impact dates

May 21, 2009
Recommendations for Open Government Directive due

Key directives

Chief Technology Officer to coordinate with OMB Director and GSA Administrator
Develop recommendations for Open Government Directive within 120 days
Open Government Directive to instruct agencies to take specific actions implementing transparency, participation, and collaboration principles
Independent agencies should comply with the Open Government Directive
Executive departments and agencies should harness new technologies to put information online
Executive departments and agencies should solicit public feedback on information utility and participation opportunities
Executive departments and agencies should use innovative tools for cross-sector collaboration

Who is ordered

Timeline

Immediate

Memorandum issued establishing transparency principles
CTO directed to begin coordination with OMB and GSA

Near term (90d)

Recommendations for Open Government Directive due within 120 days (by May 21, 2009)
OMB to issue Open Government Directive based on recommendations

Long term

Implementation of specific agency actions under future Directive
Long-term cultural shift in government openness and public engagement

Risks & tensions

Memorandum explicitly disclaims creating enforceable rights or benefits, limiting legal leverage
Vague 'appropriate action, consistent with law and policy' qualifier may allow broad agency discretion
Actual binding effect depends on future OMB Directive not yet issued
'Independent agencies should comply' uses permissive 'should' rather than mandatory 'shall'