20 May 2009

White House Document on Delivering on Change: Ethics

First series of documents describe issues central to Obama administration

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DELIVERING ON CHANGE: ETHICS

THE PRESIDENT ARRIVED FACING AN UNPRECEDENTED ARRAY OF CHALLENGES, AND HAS MET THEM WITH A BOLD, COMPREHENSIVE PLAN.  HE PASSED THE MOST AMBITIOUS RECOVERY PACKAGE IN HISTORY TO ADDRESS THE ECONOMIC CRISIS.  HE KEPT FAITH WITH THE AMERICAN PEOPLE THROUGH A GOVERNMENT THAT IS OPEN, TRANSPARENT, AND ACCOUNTABLE.  AND HE RESTORED AMERICA’S ALLIANCES ABROAD, AS WELL AS OUR AMERICAN VALUES HERE AT HOME.

THIS IS FIRST IN A SERIES OF DOCUMENTS THAT DESCRIBES ISSUES THAT ARE CENTRAL TO THE OBAMA ADMINISTRATION’S AGENDA OF CHANGE.  THEY CAN BE FOUND AT HTTP://WWW.WHITEHOUSE.GOV/ISSUES/

ETHICS

President Obama has consistently made clear that he will strive to lead the most open, transparent, and accountable government in history.  Whether it is reigning in the influence of lobbyists in Washington, bringing unprecedented accountability to federal spending, opening doors to engagement with the American public, or shutting down the "revolving door" that carries special interest influence in and out of the government, the highest standards will be sought in everything the federal government does.

In accordance with all of these principles, the President signed two Executive Orders and three Presidential Memoranda the day after his inauguration. These five documents represent a bold first step and a guide to every action carried out in the service of the American people.

The Presidential Memorandum Regarding Pay Freeze states that the President will freeze his White House senior staff pay at current levels to the full extent allowed by law, ensuring that the budget will go as far as possible and signalizing that service in this administration should not be motivated by personal gain.

The Presidential Memorandum on Transparency and Open Government mandates an Open Government Directive within 120 days directing specific actions to achieve transparency, openness, and engagement.

The Presidential Memorandum on the Freedom of Information Act instructs the Attorney General to issue new guidelines to the government implementing those same principles of openness and transparency in the processing of FOIA requests.

The Executive Order on Presidential Records brings those principles to presidential records by giving the American people greater access to these historic documents, severely curtailing the ability to use executive privilege to shield those documents.

And finally, the Executive Order on Ethics Commitments by Executive Branch Personnel laid out tough rules in a comprehensive guide on how executive branch employees are to conduct themselves.  Read the full executive order at this URL:

Pay Freeze

MEMORANDUM FOR THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF

SUBJECT:      Pay Freeze

The United States is in a period of severe economic stress. Too many Americans have lost their jobs, their homes, their health insurance, or a substantial part of their retirement savings, and many more feel uncertain about the future.

In these circumstances, Government must act forcefully and creatively to stimulate our economic recovery, investing in infrastructure, innovative energy technologies, and education. It must act quickly to provide assistance to average Americans.

Many have accepted the call to serve in Government and to assist me in restoring a sound economy and in improving the lives of average Americans. In this challenging economic period, it is only appropriate that senior officials on the White House staff forgo pay increases until further notice.

Accordingly, as a signal of our shared commitment to restoring the country's economic vitality and because of the serious economic conditions we are facing, I intend to freeze the salaries of senior members of the White House staff, to the extent permitted by law. I direct you to report back to me within 30 days with recommendations for actions to implement this freeze.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

This memorandum shall be published in the Federal Register.

BARACK OBAMA

Transparency and Open Government

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT:      Transparency and Open Government

My Administration is committed to creating an unprecedented level of openness in Government.  We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government.

Government should be transparent.  Transparency promotes accountability and provides information for citizens about what their Government is doing.  Information maintained by the Federal Government is a national asset. My Administration will take appropriate action, consistent with law and policy, to disclose information rapidly in forms that the public can readily find and use. Executive departments and agencies should harness new technologies to put information about their operations and decisions online and readily available to the public. Executive departments and agencies should also solicit public feedback to identify information of greatest use to the public.

Government should be participatory. Public engagement enhances the Government's effectiveness and improves the quality of its decisions. Knowledge is widely dispersed in society, and public officials benefit from having access to that dispersed knowledge. Executive departments and agencies should offer Americans increased opportunities to participate in policymaking and to provide their Government with the benefits of their collective expertise and information. Executive departments and agencies should also solicit public input on how we can increase and improve opportunities for public participation in Government.

Government should be collaborative.  Collaboration actively engages Americans in the work of their Government. Executive departments and agencies should use innovative tools, methods, and systems to cooperate among themselves, across all levels of Government, and with nonprofit organizations, businesses, and individuals in the private sector.  Executive departments and agencies should solicit public feedback to assess and improve their level of collaboration and to identify new opportunities for cooperation.

I direct the Chief Technology Officer, in coordination with the Director of the Office of Management and Budget (OMB) and the Administrator of General Services, to coordinate the development by appropriate executive departments and agencies, within 120 days, of recommendations for an Open Government Directive, to be issued by the Director of OMB, that instructs executive departments and agencies to take specific actions implementing the principles set forth in this memorandum. The independent agencies should comply with the Open Government Directive.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

This memorandum shall be published in the Federal Register.

BARACK OBAMA

Freedom of Information Act

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT:      Freedom of Information Act

A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, "sunlight is said to be the best of disinfectants." In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government.  The presumption of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.

I direct the Attorney General to issue new guidelines governing the FOIA to the heads of executive departments and agencies, reaffirming the commitment to accountability and transparency, and to publish such guidelines in the Federal Register. In doing so, the Attorney General should review FOIA reports produced by the agencies under Executive Order 13392 of December 14, 2005. I also direct the Director of the Office of Management and Budget to update guidance to the agencies to increase and improve information dissemination to the public, including through the use of new technologies, and to publish such guidance in the Federal Register.

This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

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