[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66380-66381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29788]


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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 20 U.S.C. 955(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 and assist 
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 recommendations for funding 
are considered. However, in recognition that the Endowment is required 
to consider the artistic excellence and artistic merit of applications 
for financial assistance and that

[[Page 66381]]

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.
    All other portions of the meetings of the National Council on the 
Arts shall be open to the public unless the Chairperson of the National 
Endowment for the Arts or a designee determines otherwise in accordance 
with section 10(d) of the Act.
    Further, in accordance with the FACA, the Panel Coordinator shall 
be responsible for publication in the Federal Register of a notice of 
all advisory committee meetings including the intent to close any 
portion of the Council meeting. Such notice shall be published in 
advance of the meetings and contain:
    1. Name of the committee and its purposes;
    2. Date and time of the meeting, and, if the meeting is open to the 
public, its location and agenda; and
    3. A statement that the meeting is open to the public, or, if the 
meeting or any portion thereof is not to be open to the public, a 
statement to that effect.
    A record shall be maintained of any closed portion of the Council 
meeting.
    The Director of Council Operations is designated as the person from 
whom lists of committee members may be obtained and from whom minutes 
of open meetings or open portions thereof may be requested. On November 
10, 2009, Chairman of the National Endowment for the Arts Rocco 
Landesman approved the determination to close the meetings.

    Dated: December 10, 2009.
Kathy Plowitz-Worden,
Committee Management Officer.
[FR Doc. E9-29788 Filed 12-14-09; 8:45 am]
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