	Introduction

From the inception of the American federal government, Congress has required executive branch agencies to make certain information and records publicly available to make the actions and information of the government transparent to the public. Some scholars and statesmen, including James Madison, described information access as an essential cornerstone of democratic governance. Access to government actions and information is often in tension with information protection. Among the congressional powers available to enforce federal transparency and to protect certain other materials from public release are the powers to legislate, hold hearings, issue subpoenas, and control the federal budget. Among these laws are the Federal Register Act, the Administrative Procedure Act (APA), the Freedom of Information Act (FOIA), the Federal Advisory Committee Act (FACA), the Government In the Sunshine Act, and the Privacy Act. Transparency , however, may be defined as not only the disclosure of government information, but the access, comprehension, and use of it by the public. Accordingly, this report assesses scholarly and practical definitions of transparency and provides an analysis of the concept of transparency, with a focus on transparency in the executive branch of the federal government. It also examines how the release of large amounts of public data may make the operations of government more or, counter-intuitively, less transparent. This report examines statutes, initiatives, and other items that seek to make information more available to the public as well as those that seek to protect certain information from release to the public. This report examines transparency and secrecy from the standpoint of how the public historically has and can currently access government information. Finally, this report analyzes whether existing transparency initiatives are effective in reaching their stated goals. What Is Transparency? Transparency, as such, requires a public that can acquire, understand, and use the information that it receives from the federal government. Private watchdog organizations have had mixed reviews of this initiative. The American republic, therefore, has to balance access to government information with protection of personal and national security interests. These exemptions allow agencies to close meetings when an agency properly determines that such a portion or portions of its meeting or the disclosure of such information is likely to
1. disclose matters that are specifically authorized by an executive order to be kept secret in the interests of national defense or foreign policy and are properly classified pursuant to such an executive order; 2. relate solely to the internal personnel rules and practices of an agency; 3. disclose matters specifically exempted from disclosure by statute (other than FOIA), provided that such statute leaves no discretion on the issue, establishes particular criteria for withholding, or refers to particular types of matters to be withheld; 4. disclose trade secrets and commercial or financial information obtained from a person; 5. involve accusing any person of a crime, or the formal censuring any person; 6. disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; 7. disclose investigatory records compiled for law enforcement purposes, or information which, if written, would be contained in such records; 8. disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; 9. disclose information which, if prematurely disclosed, would in the case of an agency which regulates currencies, securities, commodities, or financial institutions, be likely to lead to significant financial speculation in currencies, securities, or commodities, or significantly endanger the stability of any financial institution; or in the case of any agency, be likely to significantly frustrate implementation of a proposed agency action; or 10. specifically concern the agency's issuance of a subpoena, or the agency's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the agency of a particular case of formal agency adjudication. The Evolution of Transparency in the Federal Government and Its Potential Effects on Access and Participation

Public access to government information and operations has changed over time.
From the beginnings of the American federal government, Congress has required executive branch agencies to release or otherwise make available government information and records. Some scholars and statesmen, including James Madison, thought access to information—commonly referred to in contemporary vernacular as "transparency"—was an essential cornerstone of democratic governance. Today, the federal government attempts to balance access to information with the need to protect certain information (including national security information and trade secrets) in order to achieve transparency. As a consequence, access and protection are often in tension with one another.
Congress has the authority to determine what information can and should be publicly available as well as what should be protected. Congressional powers that may be used to address federal transparency include the powers to legislate, hold hearings, issue subpoenas, and control the federal budget. Statutes that grant access to government information include the Federal Register Act, the Administrative Procedure Act (APA), and the Freedom of Information Act (FOIA). Among the laws enacted to protect information are the Privacy Act and FOIA. Agencies also use security classifications, which are governed largely by executive orders, to protect certain records from public release. Records may be protected for national security purposes, personal privacy concerns, or other reasons.
The Obama Administration has undertaken its own transparency initiative, known as the Open Government Initiative, to make executive branch agencies more transparent, publicly accessible, and collaborative than they have historically been. Watchdog organizations have offered mixed reviews of the initiative's ability to promote and institute government transparency.
Transparency may be defined as the disclosure of government information and its use by the public. Transparency, under this definition, requires a public that can access, understand, and use the information it receives from the federal government. This report first assesses the meaning of transparency and discusses its scholarly and practical definitions. It also provides an analysis of the concept of transparency, with a focus on federal government transparency in the executive branch.
This report subsequently examines the statutes, initiatives, requirements, and other actions that make information more available to the public or protect it from public release. It also examines transparency and secrecy from the standpoint of how the public accesses government information, and whether the release of government data and information may make operation of the federal government more or, counter-intuitively, less transparent. Finally, this report analyzes whether existing transparency initiatives are effective in reaching their stated goals.