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Oversight Committee Endorses Public Access to Agency Reports to Congress

Legislation that would require virtually all agency reports to Congress be available online in one central location advanced out of the House Oversight and Government Reform Committee yesterday on a voice vote. The Access to Congressionally Mandated Reports Act, originally sponsored by Rep. Mike Quigley and enjoying the bipartisan support of Committee Chairman Darrell Issa and ranking member Elijah Cummings, will need the sign-off of the Committee on House Administration before it can get a vote on the House floor. In March, 26 organizations wrote to the Oversight Committee to express their support for ACMRA.

The legislation, which garnered the approval of both committees last Congress but did not receive a vote last Congress before time ran out last session, would make agency reports to Congress more transparent. It directs agencies to give the Government Printing Office the reports they file with Congress (with appropriate redactions), and for GPO to make those reports available online in open formats for bulk download after a short time. GPO has expressed support for taking on this role. The legislation was tweaked slightly so that the repository will not include mention of reports whose very existence is classified.

Companion legislation was introduced last Congress by Senate Homeland Security and Governmental Affairs Chairman Joseph Lieberman and ranking member Susan Collins as well as committee member Tom Coburn. It is hoped that current HSGAC Chairman Tom Carper and ranking member Tom Coburn, along with other senators, will re-introduce legislation in the Senate. Earlier this year, Senator Coburn attempted to attach a version of ACMRA as an amendment to the budget resolution.

The common-sense measure will make it easier for members of Congress, their staff, federal agencies, and the public to gain access to these reports that help reveal how the government functions.

The amended legislation is available here.

Calls for Reform of IRS Rules Face Resistance from Dark Money Advocates

Eight groups, including the Sunlight Foundation, sent letters to the House and Senate, urging Members of Congress to adopt legislation closing down the loophole that allows so-called social welfare organizations to engage in political activities. The murky law was at the root of the controversies surrounding the IRS’s improper targeting of certain groups’ applications for 501(c)(4) status.

At congressional hearings this week, many members of the Senate Finance Committee and House Oversight and Government Reform Committee raised the issue of fixing the broken IRS rules that allow social welfare organizations to engage in substantial electioneering activities. Many noted that engaging in campaign activities is explicitly contrary to the law that says such organizations must engage “exclusively” in social welfare activities. Campaign activities are not “social welfare” activities.

If it results in a clarification of the law, the IRS debacle will have a silver lining. But there is still a great deal of resistance to efforts that would ensure that groups that engage in political activities disclose their donors. Chairman Issa of the House Oversight and Government Reform Committee rejected the idea that it was appropriate for his committee to address the question of any possible fixes—begging the question: what happened to the “reform” part of his committee? And in the Washington Post today, Senator Mitch McConnell uses the IRS case as a twisted justification to endorse dark money in our elections. His sanctimonious criticism of transparency measures ignores Supreme Court precedent as well as decades of support (including his own) for disclosure as a narrowly tailored method to address political corruption.

(It’s also remarkably hypocritical that McConnell would use the 1958 Supreme Court decision in Alabama v. NAACP to justify his position. That case prohibited government mandated disclosure of membership lists--not campaign finance records--when, on balance, threats to the group’s first amendment rights were thought to outweigh the public’s interest in disclosure. McConnell was less than concerned about the NAACP precedent when, under his direction, he repeatedly blocked an electronic filing bill in the Senate by insisting on an amendment that would require membership organizations disclose their members’ names any time a group filed an ethics complaint against a sitting senator. Apparently McConnell has his own balancing test, heavily weighted towards his own interest as opposed to the public interest.)

Narrow changes to tax law would ensure that groups intending to impact our elections disclose their donors, while fully protecting the anonymous speech of organizations that are legitimately engaged in social welfare activities. Clarifying the laws would also decrease the likelihood of future instances of improper targeting by the IRS.

Committee on House Administration Supports Public's Right to Gov't Docs

The influential Committee on House Administration released a letter yesterday that endorsed the principle that "the documents of our democracy should be available to all Americans electronically, in perpetuity, and for free." The letter, signed by every member of the committee, rejected a recommendation made in a flawed report issued by the National Academy of Public Administration, which had called for the Government Printing Office to consider charging "end uses" for online access to government documents made available through the online portal FDsys.

The Committee on House Administration oversees GPO, and the letter is a clear signal as to how GPO should proceed. The letter is also another example of the Committee's deepening emphasis on making the government transparent and accessible.

The NAPA report was requested by Congress as part of a long-range operational review of GPO. Unfortunately, despite dozens of interviews and a ten-month study, NAPA failed to contact key "end-users" who are responsible for republishing and widely disseminating public information, such as GovTrack.us, WashingtonWatch.com, the Sunlight Foundation, the Center for Effective Government, the Internet Archive, Public.Resource.Org, and the Legal Information Institute. These organizations are leaders in disseminating government-held information online to the public at no cost, and NAPA would have done well to learn from their expertise and see whether it could be applied to GPO.

Instead, NAPA's report misstated and omitted parts of the history regarding imposing fees on public access to electronic information. It omitted a discussion of how third parties, like the non-profits identified above, further GPO's mission to "produce, protect, preserve, and distribute documents of our democracy." It failed to examine how charging end users for electronic access would destroy the ability of non-profit organizations to obtain and re-transmit the information, thereby placing greater burdens on GPO to fill the gap and weakening public access to crucial information.

We applaud the Committee on House Administration's continued support for public access to governmental information. While it is unknown whether the letter has broader applicability to data being sold by GPO outside of FDsys, such as that listed here, it is important that information on FDsys remain available to the public at no cost, a position affirmed by the Committee.

The Landscape of Municipal Zoning Data

Zoning impacts the most physical elements of communities and impacts people's daily lives. When it comes to being transparent about the zoning process and its outcomes, many local governments are posting information -- one way or another -- on their websites. It's a varied landscape, but it is worth assessing to see where there might be room for improvement.

WHAT WE TALK ABOUT WHEN WE TALK ABOUT ZONING

It's not surprising, in a way, that so many local governments choose to proactively release various kinds of information related to zoning. Zoning regulations can impact everything from what can be built and where it can be built to how it can be built and more. How a lot is zoned doesn't just determine whether that land can be used for commercial or residential purposes (or something else entirely) -- it can also determine the very structure of buildings down to details like height and square footage. Zoning and planning ordinances can even impact how close certain kinds of buildings may be to one another -- schools and liquor stores are one example of a spatial relationship that is sometimes regulated. Zoning has an impact on many of the most concrete aspects of a municipality, and this makes it an issue that's of interest to residents, business owners, developers, and many other groups. This means zoning can also be a prime target for people who want to game the system to obtain influence over this important aspect of cities.

Madison-street-viewThe zoning process generally consists of elected or appointed officials making decisions about how land can be used and the specifications of structures. It has a direct impact on the shape communities take. The zoning process, and what it controls, however, varies from place to place. That means it's important for each municipality to be clear about what its process is so policymakers, residents, and businesses alike can all understand this powerful issue. For this look into the landscape of zoning data, we're including information most directly related to the process and its outcomes. We're not including other data that might be tied to land parcels, like data about tax breaks or special tax zones.

Not all zoning data is created equal, of course. Some cities simply release a list of the ordinances related to zoning, others release PDF maps of how land parcels are zoned, and some have interactive maps with layers of information. To have open zoning data, a municipality should have structured data available online that makes it easy for people to analyze and reuse -- in addition to information that enables people to understand the zoning process.

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2Day in #OpenGov 5/23/2013

 NEWS:

  • Conservative members of the House are continuing their ill advised crusade against the Census Bureau, and Stephen Colbert had some things to say about recently introduced legislation that would effect business' ability to plan for the short and long term. (Government Executive)
  • Following revelations that the Justice Department obtained a wide range of records about several journalists a bipartisan group of House members is pushing for legislation that would require federal entities to meet certain conditions before taking personal information from a journalist. (POLITICO)
  • The Australian government admitted last week that they unintentionally censored more than 1,200 websites while trying to take one allegedly fraudulent site offline. Australia requires ISPs to block sites suspected of illegal activity if asked by the government. (Tech President)
  • Remember Buck McKeon (R-CA), the Armed Services Committee chairman whose wife's run for California state assembly was bankrolled by defense contractors? His family is back and trying to use his power for their financial gain. Golden Oak Consulting, run by three of McKeon's relatives, is lobbying for a couple of companies with armed services interests. (Roll Call)
  • As immigration reform legislation gains steam in Congress lobbyists are picking up their pace. The Chamber of Commerce, labor groups, and Silicon Valley are making major headlines and a host of other groups are staying under the radar but lobbying hard nonetheless. (The Hill)
  • Prosecutors are planning to seek a retrial against five former officials in Bell, California who are accused of rampant corruption. A judge declared a mistrial in March after jurors failed to come to consensus on several counts. (AP/Yahoo)
  • The DATA Act was reintroduced in the House and Senate last week. The legislation, which has been slightly simplified from the version that failed to pass through the 112th Congress, was passed out of the House Committee on Oversight and Government Reform yesterday. (Federal Computer Week, POGO)
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OpenGov Voices: Network, collaborate, and innovate at CityCamp NC

Disclaimer: The opinions expressed by the guest blogger and those providing comments are theirs alone and do not reflect Screen Shot 2013-02-25 at 3.40.01 PMthe opinions of the Sunlight Foundation or any employee thereof. Sunlight Foundation is not responsible for the accuracy of any of the information within the guest blog.

Jason Hibbets is the project manager at Red Hat and lead administrator for opensource.com. He has been applying opensource principles in neighborhood organizations in Raleigh, NC  for several years, highlighting the importance of transparency, collaboration, and community building. Follow the rest of his thoughts at @jhibbets.

Have a great idea to improve your city? Want to flex your creative and/or techie muscles? Want to spend two days networking, collaborating and maybe win some cash?

citicampncCityCamp NC, an event to promote citizen participation and innovation, will be held on May 30-31 at the James B. Hunt Jr. Library on the NC State University Campus in Raleigh. CityCamp NC will be followed by a Nation Day of Civic Hacking event hosted by Raleigh’s Code for America Brigade on June 1. Alisha Green and Rebecca Williams from Sunlight’s Policy team will also be in attendance.

This year, CityCamp NC will award a top prize of $3000 plus a consulting session with Jason Caplain at Bull City Venture Partners to the winning team. A second and third team will be awarded prizes of $1000 and $500, respectively.

Screen Shot 2013-05-22 at 2.39.00 PM

Photo credit: City of Raleigh, NC

The event is $5 for students and government employees (appropriate ID must be shown at the door) and $10 for all others.

Time is running out! For more information and to register, visit http://citycampnc.org.

Disclaimer: Sunlight Foundation is one of the sponsors for CityCamp NC 2013.


Interested in writing a guest blog for Sunlight? Email us at guestblog@sunlightfoundation.com

2Day in #OpenGov 5/22/2013

NEWS:

  • A new paper on the UK's open government data policies looks into ways that open data can be monetized and recommends an National Data Strategy. Groups have weighed in questioning the paper's focus on economic growth at the expense of transparency.  (Tech President)
  • The NRA PAC kept up a strong fundraising pace during the first quarter, pulling n more than $1.2 million. They have nearly $7 million cash on hand. (Roll Call)
  • A day after asserting that his office is exempt from state public records laws Virginia Attorney General, and candidate for governor, Ken Cuccinelli is backing off the controversial statement. Staff attorneys had been claiming the exemption when they responded to public records requests and Cuccinelli has asked them to stop the practice. (Washington Post)
  • K street isn't letting the string of scandals stinging the Obama administration, and sucking up lots of oxygen in Congress, get in the way of their priorities. Lobbyists are still working on issues like the farm bill, immigration, and the internet sales tax. (The Hill)
  • A new database put together by the Sarasota Herald-Tribune tracks travel by Members of Congress during 2012. While Afghanistan was the most popular destination, members also spent a lot of time in Spain and France, tending to take a few extra days in those more scenic locales. (Washington Post)
  • Citizens for Responsibility and Ethics in Washington is suing the IRS over the agencies internal rules on reviewing 501(c)(4)'s for nonprofit status. The suit would force the IRS to bring its rules in line with federal law that says 501(c)(4)'s need to be exclusively "social welfare" organizations. (POLITICO)
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The Political Spending of 501(c)(4) Nonprofits in the 2012 Election

Throughout the 2012 election cycle, Sunlight followed the unlimited money. From super PACs and corporations to unions and “dark money” we collected, in real time, the political spending reported by these outside groups.

With the 501(c)(4) social welfare nonprofits back in the news again (and the IRS’s enforcement of them), we wanted to take a closer look at how these organizations spent money to influence the 2012 election. We often use the term “dark money” to describe these groups since they can spend an unlimited amount on independent expenditures and electioneering communications yet they do not have to disclose their donors. For more information on how to track all types of federal campaign finance disclosures, check out this handy infographic.

Overall, dark money groups reported $300 million in independent expenditures in 2012. Of the 50 groups who spent the most, 15 are 501(c)(4) nonprofits. Using our Follow The Unlimited Money tracker, Political Ad Sleuth, Ad Hawk and return on investment calculations, here is how they made an impact in the race for the White House and Congress.

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Watch TransparencyCamp ideas grow!

TransparencyCamp has come and gone, but the ideas that sprouted at TCamp are just beginning to come to life.

Steve Spiker from OpenOakland shared his insight about the transparency movement in the TCamp wrap up video below, “We’re saying things need to be different in our country and that’s only going to happen if you care enough to persist on it.”

The transparency community understands that progress starts at TCamp but it doesn’t end when you go home.

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Integrating the US' Documents

A few weeks ago, we integrated the full text of federal bills and regulations into our alert system, Scout. Now, if you visit CISPA or a fascinating cotton rule, you'll see the original document - nicely formatted, but also well-integrated into Scout's layout. There are a lot of good reasons to integrate the text this way: we want you to see why we alerted you to a document without having to jump off-site, and without clunky iframes.

As importantly, we wanted to do this in a way that would be easily reusable by other projects and people. So we built a tool called us-documents that makes it possible for anyone to do this with federal bills and regulations. It's available as a Ruby gem, and comes with a command line tool so that you can use it with Python, Node, or any other language. It lives inside the unitedstates project at unitedstates/documents, and is entirely public domain.

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