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CHAPTER XI-NATIONAL FOUNDATION ON

THE ARTS AND THE HUMANITIES

SUBCHAPTER A-GENERAL

Page

Part 1100

Statement for the guidance of the public-organi

zation, procedure and availability of informa

tion.........
Standards of conduct of employees ....
Nondiscrimination in federally assisted programs..
Privacy Act regulations

1105 1110 1115

569 573 582 593

SUBCHAPTER B-NATIONAL ENDOWMENT FOR THE ARTS

1150

597 599

1151 1152

608

1153

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...............
Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the National Endowment for the Arts Government debarment and suspension (nonpro

curement) and governmentwide requirements

for drug-free workplace (grants)........
Uniform administrative requirements for grants

and cooperative agreements to state and local
governments ........

611

1154

617

1157

633

SUBCHAPTER C-FEDERAL COUNCIL ON THE ARTS AND THE

HUMANITIES

1160

Indemnities under the Arts and Artifacts Indem

nity Act .........

662

SUBCHAPTER D-NATIONAL ENDOWMENT FOR THE HUMANITIES

1169

Governmentwide debarment and suspension (non

procurement) and governmentwide require-
ments for drug-free workplace (grants).

666

30-164 0-89--19

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the Arts and the Humanities Act of (b) The head of each agency is re. 1965, 20 U.S.C. 951 et seq. The Founda- sponsible for the effective administration is composed of the National En tion of the Freedom of Information dowment for the Arts, the National Act. The head of each agency pursu

tikin Endowment for the Humanities, the ant to this responsibility hereby di a $ Institute of Museum Services, and the rects that every effort be expended to Federal Council on the Arts and the facilitate service to the public with re O The Humanities. The Institute of Museum spect to the obtaining of information dete Services became a part of the National and records.

* SUE Foundation on the Arts and the Hu (c) Requests for access to records of tied in manities pursuant to Pub. L. 97-394 the National Endowment for the Arts, il (December 30, 1982) and Pub. L. 98 the National Endowment for the Hu 1 appe 306 (May 31, 1984). Each Endowment manities, or the Institute of Museum

od of is headed by a Chairman and has an

| (XL)

Services may be filed by mail with the advisory national council composed of General Counsel of the National Encimera 26 presidential appointees. The Insti dowment for the Arts, the Deputy tute of Museum Services is headed by Chairman of the National Endowment a Director and has a National Museum

skipt for the Humanities, or the Public Af

. Services Board composed of 15 presi

fairs Officer of the Institute of Speals dential appointees. The Federal Coun Museum Services, as is appropriate

. cil on the Arts and the Humanities, Requests for access to records of the comprised of Executive branch offi Federal Council on the Arts and the cials and appointees of the legislative Humanities should be directed to the branch, is authorized to make agree attention of the National Endowment ments to indemnify against loss or for the Humanities. All requests damage for certain exhibitions and should reasonably describe the record advise on arts and humanities matters. or records sought. Requests submitted

should be clearly identified as being 8 1100.3 Availability of information to the

made pursuant to the Freedom of Inpublic.

formation Act. (a) All inquiries, or requests should be addressed to the appropriate

8 1100.4 Current index. agency. Descriptive brochures of the

Each agency shall maintain and organization, programs, and function make available for public inspection held of each agency are available upon re

and copying a current index providing quest. Inquiries involving work of the

identifying information for the public National Endowment for the Arts

as to any matter which is issued, should be addressed to the National

adopted, or promulgated and which is Endowment for the Arts, 1100 Penn

required to be made available pursusylvania Avenue, NW., Washington,

ant to 5 U.S.C. 552(a) (1) and (2). PubDC 20506. The telephone number of

lication and distribution of such indithe National Endowment for the Arts

ces has been determined by the Founis (202) 682-5400. Requests or inquiries

dation to be unnecessary and impractiinvolving the National Endowment for

cable. The indices will be provided the Humanities should be addressed to

upon

request at a cost not to exceed the National Endowment for the Hu

the dret cost of the duplication. manities, 1100 Pennsylvania Avenue, NW., Washington, DC 20506. The tele

81 phone number of the National Endowment for the Humanities is (202) 786

eivir 0310. Requests or inquiries involving

rdan the Institute of Museum Services

Fenet

Tts should be addressed to the Institute

men Museum Services, 1100 Pennsylv

of Avenue, NW., Washington, DC 2

Hur The telephone number of the r tute of Museum Services is (202)

es 0536.

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juest shall be granted in whole or in (1) The need to search for and col. part.

lect the requested records from field (1) The determination shall be made facilities or other establishments that within ten (10) days (excepting Satur are separate from the office processing days, Sundays, and legal holidays) the request; ifter receipt of such request.

(2) The need to search for, collect, (2) The requestor shall be notified of and appropriately examine a voluhe determination and the reasons mious amount of separate and distinct hat support it. When a request is records which are demanded in a lenied in whole or in part, the reques single request; or or, will be notified of his or her rights (3) The need for consultation, which o appeal the determination to the

shall be conducted with all practicable head of the agency.

speed, with another agency having a (b)(1) Any party whose request for substantial interest in the determinalocuments has been denied in whole

tion of the request or among two or ir in part may file an appeal no later

more components of the agency han ten (10) working days following having a substantial subject matter ineceipt of the notification of denial.

terest in the request. Appeals must be addressed to the Chairman, National Endowment for 8 1100.6 Fees. he Arts, Washington, DC 20506, the Chairman, National Endowment for

(a) Categories of fees. Fees will be he Humanities, Washington, DC

charged according to the Category of

the FOIA request. -0506, or the Director Institute of (useum Services, Washington, DC

(1) Commercial use requests. The 0506, as is appropriate.

agency will assess charges to recover (2) The head of the agency or his de

the full direct cost of searching for, reegatee shall make a determination

viewing, and duplicating the requested rith respect to the appeal within

document. The agency may recover wenty (20) days (excepting Saturdays,

the cost of searching for and reviewing Sundays, and legal holidays) after the

records even if there is ultimately no gency has received the appeal, except

disclosure. s provided in paragraph (c) of this

(2) Requests from educational and ection. If, on appeal, the denial is

non-commercial scientific institupheld either in whole or in part, the

tions. The agency will charge for dulead of the agency shall notify the

plication costs. To qualify for this catarty submitting the appeal of the ju

egory the requestor must show: (i) icial review provisions of 5 U.S.C.

That requested records are being 52(a)(4)(B).

sought under the auspices of a quali. (c) In unusual circumstances, the

fied institution as defined in § 1100.1 ime limits prescribed to determine a

(e) or (f) of this part; (ii) the records equest for documents with respect to

are not sought for commercial use; nitial actions or actions on appeal

and (iii) the records are being sought nay be extended by written notice

in furtherance of scholarly or scientifrom the General Counsel of the Na

ic research of the institution. ional Endowment for the Arts, the

(3) Requests by representatives of the Deputy Chairman of the National En

news media. The agency will charge owment for the Humanities, or the

duplication costs for the requests in ublic Affairs Officer of the Institute

this category. Museum Services as is appropriate.

(4) All other requests. All other renotice shall describe the reason quests shall be charged fees which, reextension and the date on cover the full reasonable cost for determination is expected searching for and duplicating the reYo notice shall specify a quested records. asult in an extension (b) General fee schedule. The agency 3 days (excepting shall use the most efficient and least

legal holi costly method to comply with requests egraph, for documents made under the FOIA.

The agency will charge fees to recover

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Part 1170

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1175

Page Nondiscrimination on the basis of handicap in

federally assisted programs and activities ............ 682 Uniform administrative requirements for grants

and cooperative agreements to state and local
governments .........

694 Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the National Endowment for the Humanities .... 721 Part-time career employment .............

727 Claims collection.........

.........

729 Use of penalty mail in the location and recovery of missing children....

732 Salary offset.

732

1176 1177 1178

1179

SUBCHAPTER E-INSTITUTE OF MUSEUM SERVICES

737

755

1180 Grants regulations ........
1181 Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by
the Institute of Museum Services ...

.....
1186–1199 (Reserved)
1183 Uniform administrative requirements for grants

and cooperative agreements to state and local

governments ...............
1185 Governmentwide debarment and suspension (non-

procurment) and governmentwide requirements
for drug-free workplace (grants).

761

789

SUBCHAPTER A GENERAL

PART 1100—-STATEMENT FOR THE

GUIDANCE OF THE PUBLIC-OR-
GANIZATION, PROCEDURE AND
AVAILABILITY OF INFORMATION

Sec. 1100.1 Definitions. 1100.2 Organization. 1100.3 Availability of information to the

public. 1100.4 Current index. 1100.5 Agency procedures for handling re

quests for documents. 1100.6 Fees. 1100.7 Foundation report of actions.

AUTHORITY: 5 U.S.C. 552, as amended by Pub. L. 99-570, 100 Stat. 3207.

SOURCE: 52 FR 48266, Dec. 21, 1987, unless otherwise noted.

8 1100.1 Definitions.

(a) “Agency” means the National Endownment for the Arts, the National Endowment for the Humanities, the Institute of Museum Services, or the Federal Council on the Arts and the Humanities.

(b) “Commercial use request” means a request by or on behalf of anyone who seeks information for a use or purpose that furthers the commercial trade or profit interests of the requestor (or the person on whose behalf the request is made.) The agency must determined the use to which a requestor will put the document. Where the agency has reasonable cause to doubt the use to which a requestor will put the records sought or the use is not clear from the request, the agency may seek additional clarification. The requestor fears the burden of demonstrating the use or purpose of the information requested.

(c) "Direct costs” mens those expenditures which an agency actually incurs in searching for and duplication documents to respond to a Freedom of Information Act (FOIA) request. In the case of commercial use requests, the term shall also include expendi. tures for reviewing documents.

(d) “Duplication" means the process of making a copy of a document necessary to respond to a FOIA request. Such copies may be in the form of

paper, microfilm, machine readable documents, or other materials.

(e) “Educational institution” means a preschool, elementary, or secondary school, an institution of graduate or undergraduate higher education, an institution of professional education, or an institution of vocational education, which operates a program or programs of scholarly research.

(f) "Non-commercial scientific institution" means an institution that is not operated on a "commercial use" basis as defined in paragraph (b) of this section and which is operated solely for the purposes of conducting scientific research the results of which are not intended to promote any particular product or industry.

(g) “Representative of the news media" means any person actively gathering news for an entity that is organized and operated to publish or broadcast information that is about current events or that would be of current interest to the public. Freelance journalists may be regarded as working for a news organization if they can demonstrate a sound basis for expecting publication though that organization, even though not actually employed by it.

(h) “Review" means the process of examining a document located in response to a commercial use request to determine whether any portion is permitted to be withheld. Review includes processing documents for disclosure, including all that is necessary to excise them and otherwise prepare them for release. Review does not include time spent resolving general legal or policy issues regarding the application of exemptions.

(i) “Search” means all the time that is spent looking for material that responds to a request, including page-bypage or line-by-line identification of material in documents. Searches may be done manually or by computer using exisiting programs. 8 1100.2 Organization.

The National Foundation on the Arts and the Humanities was established by the National Foundation on

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