[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Notices]
[Pages 21869-21870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9090]


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


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 financial 
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 is required to consider the 
artistic excellence and artistic merit of applications for financial 
assistance and that consideration of individual applications may 
require a discussion of matters such as an individual artist's 
abilities, reputation among colleagues, or professional background and 
performance, I have determined to reserve the right to close limited 
portions of Council meetings if such information is to be discussed. 
The purpose of the closure is to protect information of a personal 
nature where disclosure would constitute a clearly unwarranted invasion 
of personal privacy. Closure for this purpose is authorized by 
subsection (c)(6) 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, similar 
information of a personal nature will be discussed. As with 
applications for financial assistance, disclosure of this information 
about individuals who are under consideration for the award would 
constitute a clearly unwarranted invasion of personal privacy.
    Therefore, in light of the above, I have determined that the 
portion of the July 2004 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) 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.


[[Page 21870]]


    Dated: April 14, 2004.
Dana Gioia, Chairman,
National Endowment for the Arts.
[FR Doc. 04-9090 Filed 4-21-04; 8:45 am]
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