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

615 619

1105 1110 1115

627 638

SUBCHAPTER B-NATIONAL ENDOWMENT FOR THE ARTS

1150

......

1151 1152

642 644

...

653

1153

656

1154

Collection of claims under the Federal Claims Col

lection 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 ........ Governmentwide debarment and suspension

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

and cooperative agreements to state and local

governments .........
New restrictions on lobbying .......
SUBCHAPTER C-FEDERAL COUNCIL ON THE ARTS AND THE

HUMANITIES

662

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Indemnities under the Arts and Artifacts Indem-
nity Act

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Page

Part 1169

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1170

752

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Governmentwide debarment and suspension

(nonprocurement) and governmentwide require

ments for drug-free workplace (grants)
Nondiscrimination on the basis of handicap in fed-

erally assisted programs and activities
Uniform administrative requirements for grants

and cooperative agreements to state and local

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

handicap in programs or activities conducted by

the National Endowment for the Humanities
Part-time career employment
Claims collection
Use of penalty mail in the location and recovery of

missing children
Salary offset

1175

1176 1177 1178

791 796 798

801 801

1179

806

827

SUBCHAPTER E INSTITUTE OF MUSEUM SERVICES 1180 Grants regulations ...... 1181 Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the Institute of Museum Services ..... 1183 Uniform administrative requirements for grants

and cooperative agreements to state and local

governments 1185 Governmentwide debarment and suspension

(nonprocurement) and governmentwide require

ments for drug-free workplace (grants) 1186—1199 [Reserved)

832

.......

859

PART 1100-STATEMENT FOR THE paper, microfilm, machine readable

GUIDANCE OF THE PUBLIC-OR documents, or other materials.
GANIZATION, PROCEDURE AND

(e) Educational institution means a AVAILABILITY OF INFORMATION

preschool, elementary, or secondary school, an institution of graduate or

undergraduate higher education, an inSec.

stitution of professional education, or 1100.1 Definitions. 1100.2 Organization.

an institution of vocational education, 1100.3 Availability of information to the

which operates a program or programs public.

of scholarly research. 1100.4 Current index.

(f) Non-commercial scientific institution 1100.5 Agency procedures for handling re

means an institution that is not operquests for documents.

ated on a "commercial use” basis as 1100.6 Fees. 1100.7 Foundation report of actions.

defined in paragraph (b) of this section

and which is operated solely for the AUTHORITY: 5 U.S.C. 552, as amended by purposes of conducting scientific rePub. L. 99-570, 100 Stat. 3207.

search the results of which are not inSOURCE: 52 FR 48266, Dec. 21, 1987, unless tended to promote any particular prodotherwise noted.

uct or industry.

(g) Representative of the news media $1100.1 Definitions.

means any person actively gathering (a) Agency means the National news for an entity that is organized Endownment for the Arts, the National and operated to publish or broadcast Endowment for the Humanities, the In information that is about current stitute of Museum Services, or the Fed events or that would be of current ineral Council on the Arts and the Hu terest to the public. Freelance journalmanities.

ists may be regarded as working for a (b) Commercial use request means a re news organization if they can demquest by or on behalf of anyone who onstrate a sound basis for expecting seeks information for a use or purpose publication though that organization, that furthers the commercial trade or even though not actually employed by profit interests of the requestor (or the it. person on whose behalf the request is (h) Review means the process of exmade.) The agency must determined amining a document located in rethe use to which a requestor will put sponse to a commercial use request to the document. Where the agency has determine whether any portion is perreasonable cause to doubt the use to mitted to be withheld. Review includes which a requestor will put the records processing documents for disclosure, sought or the use is not clear from the including all that is necessary to excise request, the agency may seek addi them and otherwise prepare them for tional clarification. The requestor release. Review does not include time fears the burden of demonstrating the spent resolving general legal or policy use or purpose of the information re issues regarding the application of exquested.

emptions. (c) Direct costs mens those expendi (i) Search means all the time that is tures which an agency actually incurs spent looking for material that rein searching for and duplication docu- sponds to a request, including page-byments to respond to a Freedom of In- page or line-by-line identification of formation Act (FOIA) request. In the material in documents. Searches may case of commercial use requests, the be done manually or by computer using term shall also include expenditures exisiting programs. for reviewing documents.

(d) Duplication means the process of $1100.2 Organization. making a copy of a document nec- The National Foundation on the Arts essary to respond to a FOIA request. and the Humanities was established by Such copies may be in the form of the National Foundation on the Arts and the Humanities Act of 1965, 20tion of the Freedom of Information U.S.C. 951 et seq. The Foundation is Act. The head of each agency pursuant composed of the National Endowment to this responsibility hereby directs for the Arts, the National Endowment that every effort be expended to facilifor the Humanities, the Institute of tate service to the public with respect Museum Services, and the Federal to the obtaining of information and Council on the Arts and the Human records. ities. The Institute of Museum Services (c) Requests for access to records of became a part of the National Founda- the National Endowment for the Arts, tion on the Arts and the Humanities the National Endowment for the Hupursuant to Pub. L. 97–394 (December manities, or the Institute of Museum 30, 1982) and Pub. L. 98-306 (May 31, Services may be filed by mail with the 1984). Each Endowment is headed by a General Counsel of the National EnChairman and has an advisory national dowment for the Arts, the Deputy council composed of 26 presidential ap Chairman of the National Endowment pointees. The Institute of Museum for the Humanities, or the Public AfServices is headed by a Director and fairs Officer of the Institute of Museum has a National Museum Services Board Services, as is appropriate. Requests composed of 15 presidential appointees. for access to records of the Federal The Federal Council on the Arts and Council on the Arts and the Humanthe Humanities, comprised of Execu- ities should be directed to the attentive branch officials and appointees of tion of the National Endowment for the legislative branch, is authorized to the Humanities. All requests should make agreements to indemnify against reasonably describe the record or loss or damage for certain exhibitions records sought. Requests submitted and advise on arts and humanities mat should be clearly identified as being ters.

made pursuant to the Freedom of In

formation Act. 81100.3 Availability of information to the public.

$ 1100.4 Current index. (a) All inquiries, or requests should Each agency shall maintain and be addressed to the appropriate agency. make available for public inspection Descriptive brochures of the organiza and copying a current index providing tion, programs, and function of each identifying information for the public agency are available upon request. In- as to any matter which is issued, quiries involving work of the National adopted, or promulgated and which is Endowment for the Arts should be ad required to be made available pursuant dressed to the National Endowment for to 5 U.S.C. 552(a) (1) and (2). Publicathe Arts, 1100 Pennsylvania Avenue, tion and distribution of such indices NW., Washington, DC 20506. The tele has been determined by the Foundation phone number of the National Endow- to be unnecessary and impracticable. ment for the Arts is (202) 682-5400. Re. The indices will be provided upon requests or inquiries involving the Na- quest at a cost not to exceed the direct tional Endowment for the Humanities cost of the duplication. should be addressed to the National Endowment for the Humanities, 1100 1100.5 Agency procedures for han. Pennsylvania Avenue, NW., Washing

dling requests for documents. ton, DC 20506. The telephone number of (a) Upon receiving a request for docuthe National Endowment for the Hu ments in accordance with the rules of manities is (202) 786-0310. Requests or this part, the General Counsel of the inquiries involving the Institute of Mu- National Endowment for the Arts, Depseum Services should be addressed to uty Chairman of the National Endowthe Institute of Museum Services, 1100 ment for the Humanities, or the Public Pennsylvania Avenue, NW., Washing- Affairs Officer of the Institute of Muton, DC 20506. The telephone number of seum Services, as is appropriate, shall the Institute of Museum Services is determine whether or not the request (202) 786-0536.

shall be granted in whole or in part. (b) The head of each agency is re- (1) The determination shall be made sponsible for the effective administra- within ten (10) days (excepting Satur

of

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days, Sundays, and legal holidays) after receipt of such request.

(2) The requestor shall be notified of the determination and the reasons that support it. When a request is denied in whole or in part, the requestor, will be notified of his or her rights to appeal the determination to the head of the agency.

(b)(1) Any party whose request for documents has been denied in whole or in part may file an appeal no later than ten (10) working days following receipt of the notification of denial. Appeals must be addressed to the Chairman, National Endowment for the Arts, Washington, DC 20506, the Chairman, National Endowment for the Humanities, Washington, DC 20506, or the Director Institute of Museum Services, Washington, DC 20506, as is appropriate.

(2) The head of the agency or his delegatee shall make a determination with respect to the appeal within twenty (20) days (excepting Saturdays, Sundays, and legal holidays) after the agency has received the appeal, except as provided in paragraph (c) of this section. If, on appeal, the denial is upheld either in whole or in part, the head of the agency shall notify the party submitting the appeal of the judicial review provisions of 5 U.S.C. 552(a)(4)(B).

(c) In unusual circumstances, the time limits prescribed to determine a request for documents with respect to initial actions or actions on appeal may be extended by written notice from the General Counsel of the National Endowment for the Arts, the Deputy Chairman of the National Endowment for the Humanities, or the Public Affairs Officer of the Institute of Museum Services as is appropriate. The notice shall describe the reason for the extension and the date on which the determination is expected to be made. No notice shall specify a date that would result in an extension of more than ten (10) days (excepting Saturdays, Sundays, and legal holidays). As is used in this paragraph, unusual circumstances means:

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

(2) The need to search for, collect, and appropriately examine a volumious amount 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 a substantial subject-matter interest in the request. 81100.6 Fees.

(a) Categories of fees. Fees will be charged according to the Category of the FOIA request.

(1) Commercial use requests. The agency will assess charges to recover the full direct cost of searching for, reviewing, and duplicating the requested document. The agency may recover the cost of searching for and reviewing records even if there is ultimately no disclosure.

(2) Requests from educational and noncommercial scientific institutions. The agency will charge for duplication costs. To qualify for this category the requestor must show: (1) That requested records are being sought under the auspices of a qualified institution as defined in $1100.1 (e) or (1) of this part; (ii) the records are not sought for commercial use; and (iii) the records are being sought in furtherance of scholarly or scientific research of the institution.

(3) Requests by representatives of the news media. The agency will charge duplication costs for the requests in this category.

(4) All other requests. All other requests shall be charged fees which, recover the full reasonable cost for searching for and duplicating the requested records.

(b) General fee schedule. The agency shall use the most efficient and least costly method to comply with requests for documents made under the FOIA. The agency will charge fees to recover all allowable direct costs incurred. The agency may charge fees for searching for and reviewing requested documents even if the documents are determined to be exempt from disclosure or cannot be located. If search charges are likely

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