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Federal Management Regulation; Art in Architecture rule (2022)
| What is a significant rule? Significant regulatory action is a term used to describe an agency rule that has had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. As part of its role in the regulatory review process, the Office of Information and Regulatory Affairs (OIRA) determines which rules meet this definition. |
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The Federal Management Regulation; Art in Architecture rule is a significant rule issued by the General Services Administration (GSA) effective January 31, 2022, that opened the federal Art in Architecture program to a broader range of artists and styles and revoked previous requirements prioritizing the commissioning of realistic artwork depicting historically significant American events and figures.[1]
Timeline
The following timeline details key rulemaking activity:
- April 4, 2022: The comment period closed.[1]
- February 2, 2022: The final rule was published in the Federal Register.[1]
- January 31, 2022: The final rule took effect and the comment period opened.[1]
- May 14, 2021: President Joe Biden (D) issued Executive Order 14029 titled “Revocation of Certain Presidential Actions and Technical Amendment,” which rescinded a previous executive order that required agencies to prioritize the commissioning of realistic artwork depicting historically significant American events and figures.[1]
- January 20, 2021: President Joe Biden (D) issued Executive Order 13985 titled “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” which directed all federal agencies to promote what Biden called equitable opportunities in their programs and services.[1]
Background
The Art in Architecture program dates back to the 1930s and commissions artwork for federal buildings with the aim of enhancing their civic significance. The final rule said it aimed to promote diversity and equity in the program (in compliance with Executive Order 13985 titled “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” issued January 20, 2021) by opening it to a broader range of artists and styles. The rule also implemented Executive Order 14029—which was issued May 14, 2021, and titled “Revocation of Certain Presidential Actions and Technical Amendment”—and revoked previous requirements prioritizing the commissioning of realistic artwork depicting historically significant American events and figures in certain circumstances.[1]
Summary of the rule
The following is a summary of the rule from the rule's entry in the Federal Register:
| “ | GSA is issuing a final rule amending the Federal Management Regulation (FMR) to update certain provisions of the Art in Architecture program. These revisions clarify the policies to collect, manage, fund, and commission visual art in Federal buildings. The rule updates policies consistent with the requirements of the Executive Order (E.O.) issued May 14, 2021, titled “Revocation of Certain Presidential Actions and Technical Amendment.” The rule also supports the goals of the E.O. issued January 20, 2021, titled “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.”[1][2] | ” |
Summary of provisions
The following is a summary of the provisions from the rule's entry in the Federal Register:[1]
| “ | The elements GSA proposes to rescind are described in detail below together with the policy explanation in each instance. Section 1 of E.O. 14029, “Revocation of Certain Presidential Actions and Technical Amendment,” revoked E.O. 13934, “Building and Rebuilding Monuments to American Heroes.”
Section 2 directed GSA to consider rescinding any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing E.O. 13934. Id. To implement E.O. 13934, GSA issued a final rule on September 25, 2020. GSA has now made a determination, consistent with E.O. 14029, to revoke the regulatory amendments that implemented subsections 4(c), (d) and (e) of E.O. 13934 and restore the policies that were previously contained in part 102–77 of the FMR. Subsection 4(c) of E.O. 13934 directed GSA, to the extent appropriate and consistent with applicable law, to prioritize projects resulting in the installation of a publicly accessible statue of historically significant Americans in communities where a statue depicting a historically significant American was removed or destroyed in 2020. Subsection 4(d) of E.O. 13934 required GSA, in consultation with the Interagency Task Force for Building and Rebuilding Monuments to American Heroes, to revise its Art in Architecture program regulations to prioritize the commission of works of art that portray historically significant Americans or events of American historical significance or illustrate the ideals upon which our Nation was founded. Priority should be given to public-facing monuments to former Presidents of the United States and to individuals and events relating to the discovery of America, the founding of the United States, and the abolition of slavery. Such works of art should be designed to be appreciated by the general public and by those who use and interact with Federal buildings. Subsection 4(e) of E.O. 13934 further required, “When a statue or work of art commissioned pursuant to this section is meant to depict a historically significant American, the statue or work of art shall be a lifelike or realistic representation of that person, not an abstract or modernist representation.” GSA Art in Architecture policy documents outline the specific process by which the Federal Government commissions a work of art for a Federal building. These policy documents detail when an artwork is commissioned, the makeup of the panel that will recommend and review artist candidates, how artists can participate in the program, the criteria for evaluating candidates, and the artist's development of an art concept. With this rule, §§ 102–77.21, 102–77.22, and 102–77.23 are removed in their entirety to comply with the direction in E.O. 14029 to consider revoking regulations that implemented the provisions of E.O. 13934. The title of part 102–77 remains as “Art in Architecture” instead of “Art-in-Architecture.” GSA has not used the hyphens when referring to this program for more than 15 years, including in publications, online and in correspondence. The change reflects this usage. GSA is also updating the definitions to be more inclusive of different visual arts styles and removing references to “fine arts,” which may be interpreted by some to exclude certain styles and mediums of art and, therefore, many artists from consideration for commission. The broader definition of “visual arts” better reflects current practice in the arts community and supports the goals of E.O. 13985.[2] |
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Significant impact
- See also: Significant regulatory action
Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.
Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]
The text of the Federal Management Regulation; Art in Architecture rule states that OMB deemed this rule significant but not economically significant:
| “ | This final rule is a significant regulatory action and, therefore, was subject to review under subsection 6(b) of E.O. 12866, “Regulatory Planning and Review,” dated September 30, 1993.[2] | ” |
Text of the rule
The full text of the rule is available below:[1]
See also
External links
Footnotes
