Page images
PDF
EPUB

CHAPTER XI-NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

SUBCHAPTER A-GENERAL

Part

1100 Statement for the guidance of the public-organization, procedure and availability of information.........

Page

494

[blocks in formation]

1150

1151 1152

1160

SUBCHAPTER B-NATIONAL ENDOWMENT FOR THE ARTS

Collection of claims under the Federal Claims
Collection Act of 1966
Nondiscrimination on the basis of handicap ............
Intergovernmental review of National Endowment
for the Arts programs and activities......

SUBCHAPTER C-FEDERAL COUNCIL ON THE ARTS AND THE

HUMANITIES

Indemnities under the Arts and Artifacts Indem-
nity Act ....

522

524

533

537

SUBCHAPTER D-NATIONAL ENDOWMENT FOR THE HUMANITIES

1170

1176

Nondiscrimination on the basis of handicap in
federally assisted programs and activities.............
Part-time career employment ....

541

553

SUBCHAPTER E-INSTITUTE OF MUSEUM SERVICES

1180

Grants regulations.......

555

SUBCHAPTER A-GENERAL

PART 1100-STATEMENT FOR THE GUIDANCE OF THE PUBLIC-ORGANIZATION, PROCEDURE AND AVAILABILITY OF INFORMATION

[blocks in formation]

(a) The National Foundation on the Arts and the Humanities was established by the National Foundation on the Arts and the Humanities Act of 1965 (79 Stat. 845; 20 U.S.C. 951). The Foundation is composed of a National Endowment for the Arts, a National Endowment for the Humanities, and a Federal Council on the Arts and the Humanities. Each Endowment headed by a Chairman and has a National Council composed of 26 Presidential appointees, with the Chairman of the Endowment also serving as Chairman of the Council. The purpose of the Foundation is to develop and promote a broadly conceived national policy of support for the humanities and the arts in the United States.

is

(b) The Endowments accomplish their missions primarily by providing financial assistance for projects in the arts and the humanities, including the making of fellowship and other awards to individuals as well as awards to nonprofit organizations. By statute, awards made to organizations by the National Endowment for the Arts may not exceed one-half the cost of the project, except that a percentage of the Arts Endowment's funds may be

used for nonmatching grants to organizations which show that they have attempted unsuccessfully to funds equal to the amounts applied for.

secure

(c) The organizational arrangement of the Foundation is as follows:

(1) National Endowment for the Arts-(i) Office of the Chairman. The Endowment is headed by the Chairman, who is also Chairman of the National Council on the Arts and a member of the Federal Council on the Arts and the Humanities. The Chairman, with the advice of the National Council on the Arts and the Federal Council on the Arts and the Humanities, is responsible for establishing Endownment policies and for developing and carrying out programs to provide support for projects and productions in the arts. The Chairman is assisted by two Deputy Chairmen, who are appointed by him. They are the Deputy Chairman for Policy and Planning and the Deputy Chairman for Programs.

(ii) Program Activities of the Arts Endowment. The activities of the Endowment are carried out with the aid of the following program offices: (A) Architecture, Planning Design

(B) Dance

(C) Education

(D) Expansion Arts

(E) Federal State Partnership (F) Folk Arts

(G) Literature
(H) Media Arts
(I) Museums
(J) Music

(K) Special Projects
(L) Theatre

(M) Visual Arts

and

Each of the above offices assists the Chairman in developing programs to provide support for activities in its area of interest.

(2) National Endowment for the Humanities—(i) Office of the Chairman. The Endowment is headed by the Chairman, who is also Chairman of the National Council on the Humanities and a member of the Federal Council on the Arts and the Human

ities. The Chairman, with the advice of the National Council on the Humanities and the Federal Council on the Arts and the Humanities, is responsible for establishing Endowment policies and for developing and carrying out programs to provide support for research in the humanities, for strengthening the research potential of the United States in the humanities, or providing fellowships for training in the humanities, for fostering the interchange of information in the humanities and for fostering public understanding and appreciation of the humanities. The Chairman is assisted by a Deputy Chairman, who is appointed by him.

(ii) Program Activities of the Humanities Endowment.

(A) The program activities of the Endowment are carried out through three divisions:

(1) The Division of Research and Publication.

(2) The Division of Fellowships and Stipends.

(3) The Division of Education and Special Projects.

(B) The Division of Research and Publication supports research and programs to strengthen the research potential of the United States, as well as to encourage the preparation of scholarly works in the humanities.

(C) The Division of Fellowships and Stipends supports individual scholarship and training by providing individuals with time uninterrupted by other responsibilities.

(D) The Division of Education and Special Projects provides support primarily to institutions-schools, colleges, universities, museums, public agencies, and private nonprofit groups to increase public understanding and appreciation of the humanities.

§ 1100.2 Procedures and transaction of business.

(a) Inquiries and transaction of business. All inquiries, submittals or requests should be addressed as follows: (1) Those involving the work of the National Endowment for the Arts should be addressed to the National Endowment for the Arts, Washington, D.C. 20506, or a member of the public may call at the Endowment's offices at

2401 E Street, N.W., Washington, D.C. during normal business hours which are 9 a.m. to 5:30 p.m., Monday through Friday; (2) requests involving the National Endowment for the Humanities should be addressed to the National Endowment for the Humanities, Washington, D.C. 20506, or a member of the public may call at the Endowment's offices at 806 15th Street, N.W., Washington, D.C. during normal business hours which are 9 a.m. to 5:30 p.m., Monday through Friday. If a person is uncertain as to which organization an inquiry should be addressed, he should address his inquiry to the National Foundation on the Arts and the Humanities, Washington, D.C. 20506.

(b) General method of functioning, procedures, forms, descriptions of programs. In general, the Endowments provide financial support for activities in the arts and humanities on the basis of applications submitted by the person or organization desiring support. In general, such awards are made on a merit basis after at review process involving staff members and outside experts. The endowments publish various announcements and booklets describing their programs and explaining their procedures. "Guide to ProgramsNational Endowment for the Arts, 1977/1978" provides a comprehensive description of the programs, functions and procedures of the National Endowment for the Arts. Forms or instructions for application to participate in the programs of the Endowment are obtainable on request. All program announcements, publications or application forms may be obtained by applying either to the National Endowment for the Arts or the National Endowment for the Humanities or by calling in person at their Washington offices.

§ 1100.3 Availability of information to the public.

§ 1100.3-1 Statement of policy.

(a) The Chairman of the National Endowment for the Arts and the Chairman of the National Endowment for the Humanities are responsible for effective administration of the provisions of Pub. L. 89-487, as amended.

The Chairman of each Endowment shall carry out this responsibility through the program and the officials as hereinafter provided in this Part.

(b) In addition, the Chairman of each Endowment, pursuant to his responsibility hereby directs that every effort be expended to facilitate the maximum expedited service to the public with respect to the obtaining of information and records. Accordingly, members of the public may make requests for information and records in accordance with the provisions of § 1100.3-3 of this part.

§ 1100.3-2 Current index.

(a) Each Endowment shall maintain and make available for public inspection and copying a current index providing identifying information for the public as to any matter which is issued, adopted, or promulgated and which is required to be made available pursuant to 5 U.S.C. 552(a) (1) and (2). Publication of such indices has been determined by the Foundation to be unnecessary and impracticable. The indices shall, nonetheless, be provided to any member of the public at a cost not in excess of the direct cost of duplication of any such index upon request therefore made in accordance with § 1100.3-3 of this Part.

(b) The index for each Endowment shall be available at the Office of the General Counsel, National Endowment for the Arts and the Office of the General Counsel, National Endowment for the Humanities respectively.

§ 1100.3-3 Requests for records.

(a) Requests for access to records of the National Endowment for the Arts and the National Endowment for the Humanities may be filed by mail or in person with the Deputy Chairman for Policy and Planning of the Arts Endowment or the Deputy Chairman of the Humanities Endowment between 9 a.m. and 5:30 p.m., Monday through Friday, except holidays.

(b) All requests should reasonably describe the record or records sought: and

(c) Any request submitted in writing should be clearly identified as a request made pursuant to the Freedom

of Information Act by labelling the envelope with the letters FOIA.

§ 1100.3-4 Procedures on requests for documents.

(a) Determination of compliance with requests for document. (1) Upon request by any member of the public for documents made in accordance with the rules of this part the Deputy Chairman for Policy and Planning of the Arts Endowment or the Deputy Chairman of the Humanities Endowment receiving the request or his delegate in his absence, shall determine whether or not such request shall be granted.

(2) Except as provided in paragraph (c) of this section, such determination shall be made by the Deputy Chairman for Policy and Planning of the Arts Endowment or the Deputy Chairman of the Humanities Endowment receiving the request within ten (10) days (excepting Saturdays, Sundays and legal public holidays) after receipt by the Endowment of such request.

(3) The Deputy Chairman for Policy and Planning of the Arts Endowment or the Deputy Chairman of the Humanities Endowment shall immediately notify the party making such request of the determination made, the reasons therefore, and, in the case of a denial of such request, shall notify the party of his right to appeal that determination to the Chairman of the involved Endowment.

(b) Appeals from adverse determination (denial of request). (1) Any party whose request for documents or other information pursuant to this part has been denied in whole or in part by the Deputy Chairman for Policy and Planning of the Arts Endowment or the Deputy Chairman of the Humanities Endowment may appeal such determination. Any such appeal shall be addressed to the Chairman, National Endowment for the Arts, Washington, D.C. 20506 or the Chairman, National Endowment for the Humanities, Washington, D.C. 20506, and shall be submitted within a reasonable time following receipt by the party of notification of the initial denial by the Deputy Chairman for Policy and Planning of the Arts Endowment or the

Deputy Chairman of the Humanities Endowment in the case of a total denial of the request or within a reasonable time following receipt of any of the records requested in the case of a partial denial. In no case shall an appeal be filed later than ten (10) working days following receipt of notification of denial or receipt of a part of the records requested.

the

(2) Upon appeal from any denial or partial denial of a request for documents by the Deputy Chairman for Policy and Planning of the Arts Endowment or the Deputy Chairman of the Humanities Endowment, Chairman of the involved Endowment or the Chairman's specific delegate in his absence, shall make a determination with respect to that appeal within twenty (20) days (excepting Saturdays, Sundays and legal public holidays) after receipt by the Endowment of such appeal, except as provided in paragraph (c) of this section. If, on appeal, the denial is upheld, either in whole or in part, the Chairman shall notify the party submitting the appeal and shall notify such person of the provisions of 5 U.S.C. 552(a)(4)(B), as amended, regarding judicial review of such determination upholding the deial. Notification shall also include the statement that the determination is that of the Chairman, National Endowment for the Arts, or the Chairman, National Endowment for the Humanities, and the name of the Chairman.

(c) Exception to time limitation. In unusual circumstances as specified in this paragraph, the time limits prescribed with respect to initial actions or actions on appeal may be extended by written notice from the Deputy Chairman for Policy and Planning of the Arts Endowment or the Deputy Chairman of the Humanities Endowment receiving the request to the person making the request. Such notice shall set forth the reason for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten working days. As used in this paragraph, “unusual circumstances" means, but only to the extent reasonably necessary to the

proper processing of the particular request

(1) The need to search for and collect the requested records from field facilities or other establishments that are separated from the office processing the request;

(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.

(d) Effect of failure by either Endowment to meet the time limitation. Failure by either Endowment to deny or grant any request for documents within the time limits prescribed by the FOIA (5 U.S.C. 552, as amended) and these regulations shall be deemed to be an exhaustion of the administrative remedies available to the person making the request.

§ 1100.3-5 Foundation report of actions.

On or before March 1 of each calendar year, the National Foundation on the Arts and the Humanities shall submit a report of its activities with regard to public information requests during the preceding calendar year to the Speaker of the House of Representatives and to the President of the Senate. The report shall include:

(a) The number of determinations made by the National Foundation on the Arts and the Humanities not to comply with requests for records made to the agency under the provisions of this part and the reasons for each such determination.

(b) The number of appeals made by persons under such provisions, the result of such appeals, and the reason for the action upon each appeal that results in the denial of information.

(c) The names and titles or positions of each person responsible for the denial of records requested under the provisions of this part and the number of instances of participation for each.

« PreviousContinue »