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, 66380-66381 [E9-29788]
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Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Notices
indicators. Where appropriate, the Board
took into account additional quantitative and
qualitative information, such as evidence of
a country’s commitment to fighting
corruption and promoting democratic
governance, and its effective protection of
human rights. For countries that graduated
from the LIC group to the LMIC group in
FY10 due to an increase in their per capita
gross national income, the Board also took
into account supplemental information that
showed how the new LMIC country would
have performed in comparison to the LIC
group. In addition, the Board considered the
opportunity to reduce poverty and promote
economic growth in a country, in light of the
overall context of the information available,
as well as the availability of appropriated
funds.
This was the first year the Board
considered countries for eligibility for second
compacts, which is permissible under section
609(k) of the Act. In determining second
compact eligibility, the Board considered—in
addition to the criteria outlined above—the
country’s performance implementing its first
compact, including the nature of the country
partnership with MCC, the degree to which
the country has demonstrated a commitment
and capacity to achieve program results, and
the degree to which the country has
implemented the compact in accordance
with MCC’s core policies and standards.
There were no countries selected as
eligible for the first time in FY10. However,
Cape Verde, an LMIC, was selected as eligible
for MCA assistance for a second compact
under section 606(b) (22 U.S.C. 7705(b)) of
the Act.
Cape Verde meets MCC’s indicator criteria
this year for the first time since it advanced
from the LIC group to the LMIC group four
years ago. Cape Verde has been an economic
reformer over the past two decades and has
consistently displayed good economic and
political governance. Since becoming an
LMIC, the Government of Cape Verde has
worked hard to raise its indicator
performance to meet the standards of its
more competitive peer group. It has worked
over the past four years on ongoing reforms
to streamline business registration, as well as
on efforts to improve the accuracy of its
indicator data. These efforts are now
reflected on Cape Verde’s MCC scorecard.
Cape Verde’s current compact is due to
conclude in October 2010. Cape Verde
corrected some early compact
implementation difficulties and is now a
relatively strong performer on the
implementation of its compact.
Country partners that are developing or
implementing compacts must also show a
commitment to maintaining and improving
their policy performance. While MCC’s
indicators work well as a transparent way of
identifying those countries that are most
committed to sound development policies
and for discerning trends over the mediumterm, they are not as well-suited for tracking
incremental progress from year-to-year.
Countries may be generally maintaining
performance but not meet the criteria in a
given year due to factors such as:
• Graduation from the LIC category to the
LMIC category,
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17:23 Dec 14, 2009
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• Data improvements or revisions,
• MCC’s introduction of two new
indicators in fiscal year 2008 and the
accompanying requirement that countries
pass three of the five indicators in the
Investing in People category,
• Increases in peer-group medians, and
• Slight declines in performance.
Six countries selected as eligible for MCA
assistance in FY10 were previously selected
as eligible in at least one prior fiscal year.
Because they have not yet signed a compact
agreement, they needed to be reselected as
eligible for FY10 funds to continue compact
development. Three of these countries are in
the LIC category: Malawi, Moldova, and
Zambia. Three countries, Indonesia, Jordan,
and the Philippines, are in the LMIC
category.
The Board reselected these countries based
on their continued performance since their
prior selection. The Board determined that
no material change has occurred in their
performance on the indicator criteria since
the fiscal year 2009 selection that indicates
a serious decline in policy performance.
While two of the countries—Indonesia and
the Philippines—graduated to the more
competitive LMIC category this year and fare
less well against the higher standards, both
countries would have met MCC’s indicator
criteria as LICs.
The Board also reviewed the policy
performance of countries that are
implementing compacts. However, these
countries do not need to be reselected each
year in order to continue implementation.
Once MCC makes a commitment to a country
through a compact agreement, MCC will not
consider the country for reselection on an
annual basis during the term of its compact.
MCC will continue to work with a country—
even if it does not meet the indicator criteria
each year—as long as the country has not
demonstrated a pattern of actions
inconsistent with the eligibility criteria. If it
is determined that a country has
demonstrated a significant policy reversal,
the Board can hold it accountable by
applying MCC’s Suspension and Termination
Policy.
For those countries that have not
demonstrated a significant policy reversal but
do not meet the indicator criteria, MCC will
invite these countries to participate or
continue their participation in MCC’s policy
improvement process. Countries
participating in the policy improvement
process are asked to develop and implement
a forward-looking action plan that outlines
the steps they plan to take to improve
performance on certain policy criteria. They
then periodically report on progress made on
the plan.
Finally, a number of countries that
performed well on the quantitative elements
of the selection criteria (i.e., on the policy
indicators) were not chosen as eligible
countries for FY10. As discussed above, the
Board considered a variety of factors in
addition to the country’s performance on the
policy indicators in determining whether it
was an appropriate candidate for assistance
(e.g., the country’s commitment to fighting
corruption and promoting democratic
governance; the availability of appropriated
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funds; and where MCC would likely have the
best opportunity to reduce poverty and
generate economic growth).
Selection To Initiate the Compact Process
The Board also authorized MCC to invite
Cape Verde to submit a proposal for a second
compact, as described in section 609 of the
Act (22 U.S.C. 7708) (previously eligible
countries that were reselected but have not
yet signed a compact will not be asked to
submit another proposal for FY10 assistance).
Submission of a proposal is not a guarantee
that MCC will finalize a compact with an
eligible country. Any MCA assistance
provided under section 605 of the Act will
be contingent on the successful negotiation of
a mutually agreeable compact between the
eligible country and MCC, approval of the
compact by the Board, and the availability of
funds.
[FR Doc. E9–29941 Filed 12–11–09; 4:15 pm]
BILLING CODE 9211–03–P
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
E:\FR\FM\15DEN1.SGM
15DEN1
sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Notices
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
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17:23 Dec 14, 2009
Jkt 220001
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]
BILLING CODE 7537–01–P
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 Closure of Portions of
Meetings of Advisory Committees
(Advisory Panels)
Section 20 U.S.C. 959(c) of the
National Foundation on the Arts and the
Humanities Act of 1965, as amended (20
U.S.C. 951 et seq.) requires the
Chairperson of the Endowment to
utilize advisory panels 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 to make the
fullest possible disclosure of records to
the public, limited only by obligations
of confidentiality and administrative
necessity. 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 the portions of
advisory committee meetings involving
the review, discussion, evaluation, and
PO 00000
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Fmt 4703
Sfmt 4703
66381
ranking of grant applications. 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.
All other portions of the meetings of
these advisory committees 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 FACA,
the Panel Coordinator shall be
responsible for publication in the
Federal Register of a notice of all
advisory committee meetings. 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 portions of panel meetings.
The Panel Coordinator 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. E9–29790 Filed 12–14–09; 8:45 am]
BILLING CODE 7537–01–P
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I. Background
Pursuant to section 189a. (2) of the
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[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66380-66381]
From the Federal Register Online via the Government Printing 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]
BILLING CODE 7537-01-P