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CHAPTER XI–NATIONAL FOUNDATION ON

THE ARTS AND THE HUMANITIES

EDITORIAL NOTE: Nomenclature changes to Chapter XI appear at 66 FR 47096, Sept. 11, 2001.

SUBCHAPTER A-GENERAL

Page

Part 1100

1105 1110 1115

341 345 353 364

1150 1151 1152

369 381

389

1153

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 .........
SUBCHAPTER B-NATIONAL ENDOWMENT FOR THE ARTS

Collection of claims .......
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) ......... Nondiscrimination on the basis of age ......... Uniform administrative requirements for grants

and cooperative agreements to state and local

governments .........
New restrictions on lobbying

Implementation of the Privacy Act of 1974 ........
SUBCHAPTER C-FEDERAL COUNCIL ON THE ARTS AND THE

HUMANITIES

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1158 1159

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SUBCHAPTER D-NATIONAL ENDOWMENT FOR THE HUMANITIES 1168 New restrictions on lobbying ........

.....

476

................................

........

.......

517

Part

Page 1169 Governmentwide debarment and suspension

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

487 1170 Nondiscrimination on the basis of handicap in federally assisted programs and activities

505 1174 Uniform administrative requirements for grants

and cooperative agreements to state and local

governments ......... 1175 Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the National Endowment for the Humanities ...... 544 1176 Part-time career employment ........

550 1177 Claims collection .......

551 1178 Use of penalty mail in the location and recovery of

missing children .... 1179 Salary offset .......

555 SUBCHAPTER E-INSTITUTE OF MUSEUM AND LIBRARY SERVICES 1180 Grants regulations ...........

560 1181 Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

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

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

586 1185 Governmentwide debarment and suspension

(nonprocurement) and governmentwide require

ments for drug-free workplace (grants) .......... 614 1186–1199[Reserved]

555

Sec.

PART 1100-STATEMENT FOR THE paper, microfilm, machine readable GUIDANCE OF THE PUBLIC-OR- documents, or other materials. GANIZATION, PROCEDURE AND (e)

(e) Educational institution means a AVAILABILITY OF INFORMATION

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

undergraduate higher education, an in1100.1 Definitions.

stitution of professional education, or 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.

defined in paragraph (b) of this section 1100.7 Foundation report of actions.

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 and Library Serv events or that would be of current inices, or the Federal Council on the Arts terest to the public. Freelance journaland the Humanities.

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 quested.

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, 20 (b) The head of each agency is reU.S.C. 951 et seq. The Foundation is sponsible for the effective administracomposed of the National Endowment tion of the Freedom of Information for the Arts, the National Endowment Act. The head of each agency pursuant for the Humanities, the Institute of to this responsibility hereby directs Museum and Library Services, and the that every effort be expended to faciliFederal Council on the Arts and the tate service to the public with respect Humanities. The Institute of Museum to the obtaining of information and and Library Services became a part of records. the National Foundation on the Arts (c) Requests for access to records of and the Humanities pursuant to Pub. the National Endowment for the Arts. L. 97-394 (December 30, 1982) and Pub.

the National Endowment for the HuL. 98-306 (May 31, 1984). Each Endow manities, or the Institute of Museum ment is headed by a Chairman and has

Chairman and has and Library Services may be filed by an advisory national council composed

mail with the General Counsel of the of 26 presidential appointees. The Insti- National Endowme

National Endowment for the Arts, the tute of Museum and Library Services is

Deputy Chairman of the National Enheaded by a Director and has a Na

dowment for the Humanities, or the tional Museum Services Board com

Public Affairs Officer of the Institute posed of 15 presidential appointees. The

of Museum and Library Services, as is Federal Council on the Arts and the

appropriate. Requests for access to Humanities, comprised of Executive

records of the Federal Council on the branch officials and appointees of the

Arts and the Humanities should be dilegislative branch, is authorized to

rected to the attention of the National make agreements to indemnify against

Endowment for the Humanities. All reloss or damage for certain exhibitions

quests should reasonably describe the and advise on arts and humanities mat

record or records sought. Requests subters.

mitted should be clearly identified as $1100.3 Availability of information to

being made pursuant to the Freedom of the public.

Information Act. (a) All inquiries, or requests should $1100.4 Current index. be addressed to the appropriate agency. Descriptive brochures of the organiza

Each agency shall maintain and tion, programs, and function of each

make available for public inspection agency are available upon request. In

and copying a current index providing quiries involving work of the National

identifying information for the public Endowment for the Arts should be ad as to any matter which is issued, dressed to the National Endowment for

adopted, or promulgated and which is the Arts, 1100 Pennsylvania Avenue,

required to be made available pursuant NW., Washington, DC 20506. The tele

to 5 U.S.C. 552(a) (1) and (2). Publicaphone number of the National Endow

tion and distribution of such indices ment for the Arts is (202) 682–5400. Re has been determined by the Foundation quests or inquiries involving the Na to be unnecessary and impracticable. tional Endowment for the Humanities The indices will be provided upon reshould be addressed to the National quest at a cost not to exceed the direct Endowment for the Humanities, 1100 cost of the duplication. Pennsylvania Avenue, NW., Washington, DC 20506. The telephone num

$ 1100.5 Agency procedures for hanber of the National Endowment for the

dling requests for documents. Humanities is (202) 786-0310. Requests (a) Upon receiving a request for docuor inquiries involving the Institute of ments in accordance with the rules of Museum and Library Services should this part, the General Counsel of the be addressed to the Institute of Mu National Endowment for the Arts, Depseum and Library Services, 1100 Penn- uty Chairman of the National Endowsylvania Avenue, NW., Washington, DC ment for the Humanities, or the Public 20506. The telephone number of the In Affairs Officer of the Institute of Mustitute of Museum and Library Serv- seum and Library Services, as is approices is (202) 786-0536.

priate, shall determine whether or not

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