Blog Posts in Government Openness

Standing Up for Credit Card Customers' Right to Know

 
CFPB logo

Yesterday, the comment period ended on the Consumer Financial Protection Bureau's (CFPB) proposal to create an online database of customer complaints about credit card companies. Here's an update on where things stand:

We delivered more than 800 of your comments to the CFPB in response to our action alert. Thank you to everyone who stood up to support government transparency and consumers' right to know.

OMB Watch also filed detailed comments on the proposal. Above all, we emphasized how the CFPB's innovative proposal would benefit the public:

We applaud the CFPB's proposal as a thoughtful and innovative mechanism to empower consumers, improve market functioning, encourage corporate accountability, and uphold government transparency.

We also described some of the ways the database would help consumers. For instance, customers shopping for a credit card would be able to read about other customers' experiences and make more informed choices. Ultimately, transparency could foster competition by encouraging companies to change disliked practices or become more responsive to their customers.

Our comments also recommended a few changes to make the policy even stronger. Most importantly, we urged that the public be able to read a customer's actual complaint and the credit card company's response, which would allow the public to better understand and evaluate the complaints.

In addition to our filing, OMB Watch also signed onto a joint set of comments, spearheaded by Consumer Action and endorsed by 21 organizations, including the NAACP. The joint comments demonstrate the broad agreement that this proposal does right by consumers. We hope the CFPB will move forward expeditiously to turn this important idea into reality.

(Gavin Baker 01/31/12; 2 comments)

Farewell to an Outstanding Public Servant

 

On Dec. 31, 2011, Recovery Accountability and Transparency Board Chairman Earl Devaney stepped down after leading the Board for almost three years. Devaney did more than anyone else to ensure Recovery Act spending was as transparent as it was, and his presence will be sorely missed.

While he didn't create the transparency provisions in the Recovery Act (those were written into the law or created by the Office of Management and Budget (OMB)), Devaney implemented the law's requirements. He and his team created the Recovery.gov website from scratch in remarkably little time and did a great deal to ensure that recipients understood their reporting responsibilities under the law. As a former inspector general (for the Department of the Interior), Devaney placed a strong emphasis on finding and preventing fraudulent contracting and wasteful spending, creating the Recovery Operations Center. He also insisted on making maps of Recovery Act spending the focal point of Recovery.gov, arguing that the government needed to do more to display information in useful ways.

Devaney understood the importance of providing information to the public and talked of empowering an army of citizen inspectors general. We appreciated the fact that he frequently reached out to the transparency community to get feedback and guidance. When we raised concerns about the quality of the data from the first rounds of recipient reporting, the Board moved quickly to fix the problems it could, such as automatically filling in some data fields for recipients (for example, pulling in company information from existing contracting databases) and creating algorithms to spot potential red flags (such as recipients reporting that they had spent more money than they had received).

Devaney also championed transparency beyond the Recovery Act. He has been a vocal supporter of unique identifiers for recipients of federal funds, a thorny problem that has long plagued federal spending transparency. For the past six months or so, he has also been the head of the Government Accountability and Transparency (GAT) Board, created by President Obama last year to "provide strategic direction for enhancing the transparency of Federal spending and advance efforts to detect and remediate fraud, waste, and abuse." The GAT Board's recent report advocated for many reforms, most importantly centralizing spending databases and streamlining reporting obligations, in addition to calling for a universal system of unique identifiers for contracts and grants throughout the federal government.

Devaney will be replaced by current Education Department Inspector General Kathleen Tighe. Tighe has been on the Recovery Board since March 2010, serving as the chair of the Board's Accountability Committee since March 2011. Interestingly, Tighe will not be stepping down from her inspector general role, which possibly indicates a diminution of the position of Recovery Board chair. The chair was a full-time job for Devaney, who stepped away from his Department of the Interior position to lead the Board, and Devaney clearly had Vice President Biden's ear, meeting frequently with him to discuss various issues related to the Board's work.

The chair's reduced prominence is likely a reflection of the administration's desire to move on from the Recovery Act. With most of the Recovery Act money already spent, Tighe's job will largely be overseeing the dissolution of the Board and the application of lessons learned from the Recovery Act to the entire federal government, a process Devaney has already started with the GAT Board. There's still much to be done to improve federal spending transparency, but hopefully, even in a part-time role, Tighe will bring to her new position just as much passion and success as Devaney.

Image by Flickr user OversightandReform.

(Sam Rosen-Amy 01/06/12; 2 comments)

House "Megabus" Contains Modest Boost to E-Gov Fund

 

Late Wednesday, the House Appropriations Committee released its proposed "megabus" spending bill, packaging the nine appropriations bills that have not yet been completed for Fiscal Year (FY) 2012. The House and Senate have been in negotiations to finish the nine bills before a stopgap spending bill expires on Friday.

The release of the House bill, H.R. 3671, brings the latest news of the fate of the Electronic Government Fund. OMB Watch has been working with the Sunlight Foundation and others to make the case for fully funding the E-Gov Fund, which pays for flagship transparency projects such as USAspending.gov and Data.gov.

The details of the House proposal are mixed. First, the unequivocally good news: the House proposal would preserve the E-Gov Fund as an independent budget line, retaining the E-Government Act's authorization and reporting requirements. Previously, both the House and the Senate appropriations committees had proposed to combine the E-Gov Fund with the Federal Citizen Services Fund, which might have resulted in e-gov dollars being used for other purposes.

The appropriations levels in H.R. 3671 are also partially good news. The E-Gov Fund would receive a modest boost, from the $8 million it received in FY 11 to $12.4 million. (The Citizen Services Fund remains essentially level.)

However, the combined appropriation for the funds in H.R. 3671, $46.5 million, is actually a slight decrease from the $50 million that the House appropriations committee approved previously. The E-Gov Fund's share of that $50 million would have amounted to $15.8 million, or $3.4 million more than the newest House proposal. And the number still falls far short of President Obama's recommended $34 million, which OMB Watch and Sunlight endorsed to best continue the fund's track record of successful transparency and efficiency innovations.

Nevertheless, in the current budgetary environment – the bill containing the E-Gov Fund declines by $222 million overall – any increase is remarkable. That Congress is now poised to partially reverse the steep cuts it hastily made in April reflects a growing understanding of the value of transparency.

(Gavin Baker 12/15/11; 1 comment)

Open Government Leaders Support Funding for Key Transparency Initiatives

 

OMB Watch and the Sunlight Foundation today released an open letter to the U.S. Senate supporting continued funding for the Electronic Government Fund's important transparency projects. The letter echoes the Obama administration's policy statement issued Nov. 10.

The letter calls for full funding for the E-Gov Fund, which pays for flagship projects such as USAspending.gov and Data.gov. In April, Congress short-sightedly slashed the E-Gov Fund by 75 percent, from $34 million to $8 million, drastically reducing the fund’s ability to maintain current transparency tools or develop new ones. The House Appropriations Committee has proposed a slight increase for the fund next year, but Senate appropriators proposed an additional cut.

The Senate proposal may now be moving toward a floor vote as part of the second so-called "minibus" of spending bills packaged with H.R. 2354. We're hopeful that senators will take this opportunity to reverse the cuts that Sen. Tom Carper (D-DE) and a coalition of open government groups called "penny-wise and pound-foolish."

In addition to the drastic spending cuts, the bill contains another provision that would endanger the effectiveness of the E-Gov Fund. Both the House and the Senate proposals would eliminate the E-Gov Fund as a separate budget line, instead combining it with the Federal Citizen Services Fund to create a new "Information and Engagement for Citizens" account. Although the same office in the General Services Administration (GSA) oversees both funds, they have separate purposes and authorizations. Specifically, the E-Government Act of 2002 created the E-Gov Fund and detailed its functions and procedures, including requirements to report on how the funds are being spent and what results are being achieved. These reporting requirements increase the transparency and accountability of the E-Gov Fund – but they might not apply to a new budget line not authorized by any law.

At a time when Congress is scrounging for every last penny, it would be counterproductive to cut short the very tools that shed light on federal spending and performance. Congress should provide adequate resources for the E-Gov Fund in order to give the American people the transparency they deserve.

(Gavin Baker 11/16/11; 1 comment)

National Archives Launches Initial CUI Registry

 

The National Archives and Records Administration (NARA) today launched the initial registry of controlled unclassified information (CUI) categories that agencies can use to safeguard sensitive but unclassified information. President Obama called for the registry in his executive order on CUI, which he signed one year ago today.

Document stamped FOUO

When fully implemented, the categories listed in the CUI registry will be the only labels that agencies can use to identify unclassified information that requires safeguarding or dissemination controls. This will limit the proliferation of such categories. Over the years, the haphazard expansion in the number of categories has resulted in confusion as well as the creation of unjustified labels, such as "For Official Use Only (FOUO)." This, in turn, stymied public access and information sharing.

The initial registry comprises 15 categories, in addition to their sub-categories. These categories of information, while unclassified, are deemed to warrant safeguarding – such as storage on a secure server – or conditions on dissemination – such as limitations on information sharing between agencies. According to the executive order, CUI categories have no bearing on decisions about public disclosure.

Agencies are required to submit their plans to implement the new categories to NARA by Dec. 6.

That implementation, however, is unlikely to begin soon. While the initial registry lists each category's description and authorizing law, regulation, or government-wide policy, it does not yet list the safeguards that each category will require. NARA also has not yet determined how agencies will mark documents containing CUI, how long each category will be subject to controls, or how information will be decontrolled. Until those crucial pieces are completed, implementation cannot begin.

Nevertheless, today's launch gives a sense of the categories that will be in use once the new system is operational, as well as how the registry will function. OMB Watch will publish a more detailed analysis in the Nov. 8 issue of The Watcher.

Image in the public domain, via Wikipedia.

(Gavin Baker 11/04/11; 2 comments)

Public Meetings of Super Committee Few and Far Between

 

It's been 48 days since the Super Committee's last public meeting on Sept. 8 (and over a month passed between the Super Committee's second and third public hearings). For those of us who have been watching the Super Committee since day one, eagerly awaiting information on the specifics of its proposal for cutting $1.5 trillion dollars from the federal deficit, 48 days of radio silence not only has us on edge, it also has us questioning the Super Committee's commitment to transparency and the democratic process.

In early August, when President Obama signed the Budget Control Act of 2011 (aka the debt ceiling deal) into law, he also approved the creation of a 12-member Super Committee charged with finding $1.5 trillion in cuts over the next 10 years. In response, OMB Watch joined other public interest groups in demanding transparency from the Super Committee. We created SuperCommitteeWatch.org as a clearinghouse for information about the committee and its pending deficit-reduction proposal, and we wrote up a list of specific transparency asks. We asked for access to:

  • Live and archived webcasts of all meetings and hearings
  • Witness lists and hearing agendas
  • Proposals and supporting documentation
  • A means to collect and aggregate public feedback and reactions to the proposals being considered

Despite the requests of the open government community, we've seen only one public meeting and three public hearings (the third held yesterday). While we acknowledge that the Super Committee has taken initiative by archiving videos of the hearings on their official website, we can't help but feel disappointed at what little effort they've made thus far to include the American people in their decision-making process. Considering the effect the final proposal will have on the lives of Americans nationwide, we think the nation deserves Super Committee transparency on a much larger scale.

Reporters at The New York Times attempted on Tuesday to give us a progress report on the Super Committee's activities. Most of what they managed to uncover, however, were vague references to an apparent stalemate between parties from anonymous sources.

With a Nov. 23 deadline looming over them, the Super Committee is in need of a solution to their apparent stalemate. Rep. Barney Frank (D-MA) told The New York Times that the members of the Super Committee are "no more autonomous than your left thumb. They need some guidance from the White House and from the leadership of Congress."

Here's an idea – how about some guidance from the American people? The Los Angeles Times reported that the Super Committee has received more than 180,000 recommendations from "lawmakers, advocacy groups and ordinary Americans." We'd like to know exactly what these recommendations are, who is making them, and whether or not the committee is taking them into account as they work toward a deficit-reduction plan.

We urge the Super Committee to make public these recommendations, as well as more of its meetings between now and Nov. 23. Let the American people weigh in on what revenue options or spending cuts they'd like to see. Allow them to actively participate in the decisions that will, no doubt, have a huge impact on their lives. Restore some credibility to our democracy. Help the American people participate in their own governance.

If you're interested in getting involved, our colleagues at the Sunlight Foundation have organized a great way for you to have your voice heard. Join them as they "Haunt the House" on October 31. They'll be heading to Super Committee members' offices all around the country to remind them who they work for, and they want you to be there!

The Super Committee has 27 days until its final proposal is due. Let's hope these next 27 days are more transparent than the last 48.

(Craig Jennings 10/27/11; 6 comments)

Senate Committee Proposes Transparency Cuts

 

There’s a grand tradition in DC: the Friday afternoon news dump. Press secretaries from across the District save up any bad news, and then release it on Friday after the major news deadlines have passed. That way, articles won’t show up until the weekend, when most people aren't paying attention. In yet another example of this, the Senate Appropriations Committee, responsible for the government’s yearly funding bills, released four bills this afternoon, all of which had passed out of committee yesterday. And, sure enough, there, buried in one of the bills, is the Senate effectively slashing funding for transparency projects.

The cut in question is to the Electronic Government fund, which pays for projects such as USAspending.gov and the IT Dashboard (more about the fund and the effect of cuts here). The fund is overseen by the General Services Administration (GSA), specifically the same team which manages USA.gov, the federal government’s main information portal. Earlier this year, Congress cut the E-Gov fund from $34 million to $8 million, drastically reducing the fund’s ability to maintain current transparency tools, never mind create new ones.

The resulting outcry was heartening. A broad coalition of transparency and good-government groups pressed Congress to restore the funding, and Sen. Tom Carper (D-DE) called the cuts “penny wise and pound foolish.”

A few months ago, the House of Representatives responded to the criticism in their appropriations bill by partially restoring the funding. The House bill combined the E-Gov fund with the Office of Citizen Services and Innovative Technologies (OCSIT), the GSA unit responsible for the E-Gov fund, and increased the new joint fund by $8 million. While this move increased the total level of funding to $50 million, the two funds used to have a combined budget of $71 million and President Obama called for $74 million for the two funds this year, so the total funding for important transparency projects was cut by about 30 percent.

The Senate appropriators' proposal released today reduces this funding even more, to $39 million for next year. Like the House, the Senate's bill also combines the two GSA funds, but it leaves the joint fund $3 million lower than the total amount allocated to the two funds this year, $42 million. This means there could be less money next year for projects such as Data.gov or Performance.gov, sites which allow public access to federal data sets and program performance information, and which help make the government more open and accessible.

It's unfortunate the Senate Appropriations Committee is trying to cut spending for transparency projects, some of which save the government millions of dollars a year and could easily pay for themselves, and even worse that it did so when it thought no one was looking. Ironically, at a time when Congress is scrounging for every last penny, both houses are about to underfund the very tools that will tell them how federal money is being spent.

The E-Gov fund should have robust funding to give the American people the transparency they deserve. The full Senate still needs to approve the bill, and OMB Watch strongly encourages it to restore the full amount of funding from the president's request.

(Sam Rosen-Amy 09/16/11; 5 comments)

New Database Sheds Light on Anti-Environment Congress as Attacks on Public Protections Continue

 

Rep. Henry Waxman (D-CA), ranking member of the House Energy and Commerce Committee, unveiled on Monday a database of anti-environment votes by the 112th Congress. According to the minority page of the Committee's website, "the most anti-environment House in the history of Congress" has voted 125 times "to block action to address climate change, to halt efforts to reduce air and water pollution, to undermine protections for public lands and coastal areas, and to weaken the protection of the environment in other ways." The votes are searchable by legislation, topic, statute, or agency, and the database provides the American people with information about each bill or amendment, including a summary, the sponsoring member, and the outcome of the final vote.

The 125 anti-environment votes include 31 to block actions to prevent air and water pollution, 33 to undermine protections for public lands and coastal areas (including funding cuts), and 20 to block actions to address climate change, according to information compiled by the committee’s Democratic minority staff. Unsurprisingly, the votes fell largely along party lines. A staff summary of the votes finds that, on average, 96 percent of Republicans voted anti-environment, while 84 percent of Democrats took the pro-environment position.

Included in the database are votes on the Interior and Environment Appropriations bill (H.R. 2584) taken on or before July 28. The appropriations bill, which has been called "one of the most extreme attacks on our environment and public health in modern history," made it to the House floor in July with 39 policy riders that would hamper efforts to protect our health, air, water, and wildlife. The floor vote on H.R. 2584 is expected to resume this month.

The database launch comes just before the majority plans to continue a slew of legislative attacks on environmental regulations, including Clean Air Act rules that are expected to prevent thousands of premature deaths and produce billions of dollars in benefits annually. The U.S. Environmental Protection Agency (EPA) has become a favorite target for some members of Congress, despite evidence showing that environmental regulations save lives, produce economic benefits that outweigh their costs, and can prompt job creation.

The new database does not give an in-depth analysis of each bill’s impact on public health and the environment, but it does help viewers understand the magnitude of Congress’ anti-environment movement. It also provides the public with a one-stop-shop for viewing bills and amendments that would undermine crucial protections and identifying which members of Congress are responsible. As the contentious debate over environmental regulations draws out, let’s hope efforts like these continue and that we do not allow our public protections to be destroyed without a fight.

(Katie Greenhaw 09/14/11; 3 comments)

EPA Scientific Integrity Proposal Missing Critical Elements

 

The U.S. Environmental Protection Agency’s (EPA) draft scientific integrity policy is missing critical elements needed to effectively safeguard science at the agency, OMB Watch said in comments filed yesterday. The policy must be improved if the agency is to ensure that the best science informs policy decisions that affect the health and environmental quality of all Americans.

The Obama administration recognizes that sound, uncensored science is critically important to protecting our health, economy, and environment. Consequently, President Obama issued a memo shortly after taking office, establishing protections for scientific integrity and directing agencies to implement them. Unfortunately, implementation of that memo has been sluggish and uneven. However, there have been some bright spots, such as the draft policy at the National Oceanic and Atmospheric Administration (NOAA), which OMB Watch praised.

EPA's efforts have been more mixed. For example, the process to develop a policy at EPA has been mostly open: the agency posted a draft policy and solicited public comment. But the openness has been less than full-fledged, as important appendices and references are missing from the policy posted. EPA should be sure the public has an opportunity to comment on a complete version of the policy before finalizing it.

The content of EPA's draft policy is also flawed. The draft policy moves in the right direction but stops short of what's needed to adequately protect scientific integrity. Fundamentally, an effective scientific integrity policy must do two things: prevent political interference with science and protect the free flow of scientific information. EPA's draft policy is inadequate on both counts. As we say in our comments:

In general, the portions of EPA’s draft policy that have been released to date establish the appropriate principles for scientific integrity, particularly in striving to keep science free from political interference and to foster a culture of scientific openness. However, the translation of these principles into effective policies is lacking, and we recommend that EPA make significant changes to the draft policy to address this gap.

To improve EPA's draft policy, OMB Watch makes these recommendations in our comments:

  1. Make the prohibitions on political interference with science enforceable;
  2. Strengthen protections for the free flow of scientific information;
  3. Protect personnel who blow the whistle on scientific integrity violations;
  4. Improve scientific integrity in peer review and federal advisory committees;
  5. Expand the role and responsibilities of the Scientific Integrity Committee; and
  6. Strengthen scientific integrity in interagency processes.

EPA's draft suggests that the agency understands the central role of scientific integrity in achieving its critical work to protect Americans' health and natural resources. But EPA needs more than just principles in order to have a policy that effectively upholds scientific integrity. Luckily, EPA has a great model to draw from: the draft NOAA policy. We're hopeful that EPA will make the revisions necessary to ensure that EPA science continues to be top-caliber research that Americans can trust.

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(Gavin Baker 09/07/11; 2 comments)

How to Strengthen Transparency in the U.S. Open Government Plan

 

Yesterday, OMB Watch submitted its recommendations for the Obama administration's national plan for the Open Government Partnership (OGP). The administration will unveil its plan, with new concrete commitments to increase transparency, at the international OGP meeting on Sept. 20.

Seven other countries will also announce their national open government plans at that summit, organized around the United Nations General Assembly meeting. For the U.S. as well as the other participants, OGP has been an impetus to action for transparency. The national plan to be released in September is an important opportunity for the administration to expand on its progress in strengthening open government in order to empower Americans and build a better democracy.

In blog posts on Aug. 8 and Aug. 22, the administration asked for feedback on six topics to inform the development of its national plan. Reforms in these areas, including improving federal websites and promoting corporate accountability, would constitute a positive agenda for the U.S. Open Government Plan.

Our comments offer recommendations on each of the six topics. Among the ideas offered, OMB Watch encouraged the administration to:

  1. Transform Regulations.gov into a one-stop shop for citizens to learn about rulemaking
  2. Establish federal website standards that encourage proactive disclosure, identification of public priorities, and visualization tools
  3. Improve Data.gov with common data formats, identifiers, and user-friendly interfaces
  4. Strengthen records management with smarter IT investments and email policy
  5. Make regulatory compliance information more user-friendly
  6. Promote corporate accountability with better disclosure

In addition to these comments, OMB Watch has consulted with the administration on other topics that would make excellent contributions to the U.S. Open Government Plan. Meaningful reforms to the six consultation topics would be a significant step forward, but we hope that the administration will consider additional initiatives as well. For instance, the White House could establish an award, similar to the SAVE Award, to recognize the best contributions to open government by federal employees. Such an award could be an important way to foster a culture of openness within government and would be a helpful complement to the policy reforms the administration is considering.

We invite readers to join the discussion by sending their thoughts on the six topics by email to opengov@ostp.gov.

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(Gavin Baker 09/01/11; 3 comments)