[Federal Register Volume 68, Number 87 (Tuesday, May 6, 2003)]
[Notices]
[Page 24023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11147]


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


National Endowment for the Arts; Determination of the Chairperson 
of the National Endowment for the Arts Regarding Potential Closure of 
Portions of Meetings of the National Council on the Arts

    Section 6(f) of the National Foundation on the Arts and the 
Humanities Act of 1965, as amended (20 U.S.C. 951 et seq.) authorizes 
the National Council on the Arts to review applications for assistance 
to the National Endowment for the Arts and make recommendations to the 
Chairperson.
    The Federal Advisory Committee Act (FACA), as amended (Pub. L. 92-
463) governs the formation, use, conduct, management, and accessibility 
to the public of committees formed to advise the Federal Government. 
Section 10 of that Act directs meetings of advisory committees to be 
open to the public, except where the head of the agency to which the 
advisory committee reports determines in writing that a portion of a 
meeting may be closed to the public consistent with subsection (c) of 
section 552b of Title 5, United States Code (the Government in the 
Sunshine Act.)
    It is the policy of the National Endowment for the Arts that 
meetings of the National Council on the Arts be conducted in open 
session, including those parts during which applications are reviewed. 
However, in recognition that the Endowment receives as part of some 
grant applications non-public proprietary or financial information, I 
have determined to reserve the right to close limited portions of 
Council application reviews at which such protected information is 
specifically discussed. The purpose of closure is to protect the 
confidentiality of protected information. Closure for this purpose is 
authorized by subsection (c)(4) of section 552b of Title 5 United 
States code.
    Additionally, at one of its meetings, the Council will consider 
prospective nominees for the National Medal of Arts award in order to 
advise the President of the United States in his final selection of 
National Medal of Arts recipients. During this session information of a 
personal nature may be discussed. Disclosure of this information about 
individuals who are unaware that they are under consideration for the 
award would constitute a clearly unwarranted invasion of personal 
privacy. Moreover, the premature disclosure of this information would 
significantly frustrate the nomination and selection of National Medal 
of Arts recipients.
    Therefore, in light of the above, I have determined that the above 
referenced portion of the July 2003 Council meeting, devoted to 
consideration of prospective nominees for the National Medal of Arts 
award, may be closed to the public. Closure for these purposes is 
authorized by subsections (c)(6) and (9)(B) of section 552b of Title 5, 
United States Code. A record shall be maintained of any closed portion 
of the Council meeting. Further, in accordance with the FACA, a notice 
of any intent to close any portion of the Council meeting will be 
published in the Federal Register.

    Dated: April 30, 2003.
Dana Gioia,
Chairman, National Endowment for the Arts.
[FR Doc. 03-11147 Filed 5-5-03; 8:45 am]
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