[Federal Register Volume 70, Number 51 (Thursday, March 17, 2005)]
[Notices]
[Page 13049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5361]


=======================================================================
-----------------------------------------------------------------------

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 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, 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 these sessions, 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 those 
portions of Council meetings 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.

    Dated: March 10, 2005.
Dana Gioia,
Chairman, National Endowment for the Arts.
[FR Doc. 05-5361 Filed 3-16-05; 8:45 am]
BILLING CODE 7535-01-P