kept which fairly and accurately reflect the business of the hearing, and the basic sides of any disputed questions or issues which arise. Written statements and affidavits shall be accepted for the record of hearing and shall be made public at the office of the applicant in accordance with paragraph (b)(2)(ii) of this section. Copies of all such minutes, written statements, and affidavits shall be sent to the Office of Economic Opportunity together with the application if the hearing was held under subparagraph (2) of this paragraph, or promptly after the conclusion of the hearing if the hearing was held under subparagraph (1) of this paragraph.

(6) Notice to OEO. Each application for a grant which is submitted to OEO

shall include a statement to the effect that public hearings were held as required in subparagraph (2) of this paragraph and that notice of such hearings was given in conformity with the regulations in this section. The application shall also state the respect in which the application submitted to OEO differs from the application which was made available for public inspection prior to the public hearing. In the case of each such change the application shall also state whether or not the change was responsive to the material adduced at the hearing, and, if so, the nature of the material adduced.

(Sec. 202, 78 Stat. 516; 42 U.S.C. 2782) [31 F.R. 4454, Mar. 16, 1966. Redesignated and amended at 33 F.R. 19180, Dec. 24, 1968]

Part

availability of information.

1105 Standards of conduct of employees.

(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 is 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.

99-197-69-47

(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 onehalf 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 secure funds equal to the amounts applied for.

(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 Endowment policies and for developing and carrying out programs to provide support for projects and productions in the arts. The Chairman is assisted by a Deputy Chairman, who is appointed by him.

(ii) Program Activities of the Arts Endowment. The activities of the Endow

ment are carried out with the aid of the following program offices:

(a) State and Community Operations. (b) Architecture, Planning and Design.

(c) Creative Writing.

(d) Education and Public Media.
(e) Music.

(f) Theater and Dance.
(g) Visual Arts.

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—(1) 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 Humanities. 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 Educational 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.

(3) Legal, financial and administrative activities. (1) These services are provided to the two Endowments on a shared basis. The Officers involved are (a) the General Counsel and (b) the Administrative Officer.

(ii) The General Counsel provides legal advice and counsel to the Chairmen of the National Endowment for the Arts and the National Endowment for the Humanities, to the National Council on the Arts and the National Council on the Humanities, and to the Federal Council on the Arts and the Humanities as well as to the divisions and offices of the Foundation.

(iii) The Administrative Officer is responsible for the administrative and financial procedures of the Foundation, including financial records, accounting and personnel matters.

§ 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 1800 G Street NW., 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 1800 G Street NW., 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 a review process involving staff members and outside experts. The Endowments publish various announcements and booklets describing their programs and explaining their procedures. For example, the booklet "National Endowment for the Humanities-Program Information 1968", provides a comprehensive description of the programs, functions and procedures of the National Endowment for the Humanities. Forms or instructions for application to participate in the programs of the Endowments 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.

(a) Statutory requirements. 5 U.S.C. 552(a)(3) requires each Agency, upon request for identifiable records made in accordance with published rules stating the time, place, fees to the extent authorized by statute, and procedure to be followed, to make such records promptly available to any person. 5 U.S.C. 552(b) exempts specified classes of records from the public access requirements of 5 U.S.C. 552(a)(3) and permits them to be withheld when the public interest so requires.

(b) Purpose. This section is designed to provide the rules referred to in 5 U.S.C. 552(a) (3) with respect to public access to records of the National Endowment for the Arts and the National Endowment for the Humanities.

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

(d) Procedure. (1) Upon receipt of a request for a record, the Deputy Chairman of the Endowment concerned, after determining that the record requested is sufficiently identified, shall determine whether the record is subject to exemption from public inspection under the provisions of 5 U.S.C. 552(b). If he determines it is subject to exemption and that the requested record should be withheld in the public interest, the requestor shall be notified that his request has been denied.

(2) If the appropriate Deputy Chairman concludes that an identified record exempt under 5 U.S.C. 552(b) need not be withheld from public inspection, it will be made available to the requestor for inspection at the office of the Endowment or a copy will be provided to him. In the latter case, an appropriate charge may be made, taking into account all relevant costs to the Endowment for providing such service. Such payment is payable in advance of fulfilling the request. In any event, provision of records, whether at the Endowments' offices or through the making of copies available, shall be on a facilities available basis, taking into account normal business activities of the Endowments.

(e) Appeals. Any person aggrieved by any determination made, or action taken, pursuant to the foregoing provisions of this part may, within 30 days, request the Chairman of the Endowment concerned to review that determination or action. A letter or other written statement setting forth the pertinent facts shall be sufficient for this purpose. Each Chairman reserves the right to request the person involved to provide additional information in support of his request for review. The Chairman concerned will promptly consider each such request for review and notify the person involved of his decision, which will constitute the final decision of the Endowment.

[32 F.R. 10514, July 18, 1967; 32 FR. 11215, Aug. 2, 1967]

of the National Endowment for the Arts and the National Endowment for the Humanities, it is essential to the Government and to the conduct of the business of the National Endowment for the Arts and the National Endowment for the Humanities that unusually high standards of honesty, integrity, impartiality, and conduct be maintained by employees of the Endowments. In accordance with these concepts, this part sets forth policies and procedures of the Endowments with respect to employee conduct, certain permissible and prohibited outside activities, and possible conflicts-of-interest situations.

§ 1105.735-2 Scope.

The policies and procedures contained in this part apply to all employees of the Endowments, except that specific provision is made in § 1105.735-6-(b) for the filing of Statements of Employment and Financial Interests by special Government employees.

§ 1105.735-3 Definitions.

In this part:

(a) "Employee" means an officer or employee of the National Endowment for the Arts or the National Endowment for the Humanities, or a member of the shared staff of both Endowments. The term "employee" includes a "special Government employee" unless expressly qualified.

(b) "Shared staff" and "joint employees" mean employees performing services for both Endowments on a shared basis.

(c) "Endowment" means either the National Endowment for the Arts, or the National Endowment for the Humanities.

the

(d) "Foundation" means the National Foundation on the Arts and Humanities.

(e) "Chairman" means the Chairman of the National Endowment for the Arts or the Chairman of the National Endowment for the Humanities.

(f) "Special Government employee" means a "special Government employee" as defined in section 202 of Title 18 of the United States Code who is employed by the National Endowment for the Arts or the National Endowment for the Humanities or by both Endowments jointly. § 1105.735-4 Statutory provisions.

Each employee is responsible for acquainting himself not only with the provisions of this part, but also with appli

cable portions of each Federal statute relating to his conduct as an employee of the National Endowment for the Arts or the National Endowment for the Humanities and of the U.S. Government. This part will be called to the attention of all employees by the Administrative Officer of the Foundation at least once a year and he will provide a copy of the part to each new employee who joins either the National Endowment for the Arts or the National Endowment for the Humanities or becomes a member of the shared staff. (A list of pertinent statutes is provided in the Appendix to this part.) § 1105.735-5 Conflicts-of-Interest Counselor.

(a) Conflicts-of-Interest Counselor. The General Counsel of the Foundation is designated the Conflicts-of-Interest Counselor, with responsibility for providing, on request from any employee, counsel regarding conflicts-of-interest regulations and requirements, as well as their applicability in particular situations. Each employee is responsible for seeking the advice of the Conflicts-ofInterest Counselor whenever it appears that he may be, or may become, involved in a possible conflicts-of-interest situation. Any supervisor may refer to the Conflicts-of-Interest Counselor any possible conflicts-of-interest situation involving a subordinate of his whenever he deems such action appropriate. In such cases, the subordinate concerned shall be informed that the matter has been referred for consideration and shall be afforded the opportunity to state his case. The General Counsel of the Foundation is responsible for reviewing conflicts-of-interest matters brought to his attention and for attempting to work with the employees concerned in resolving such situations, and for offering employees an opportunity to explain any conflict or appearance of conflict. Matters which cannot be satisfactorily resolved in this manner will be referred to the Chairman of the Endowment concerned, or, in the case of a share staff member, to the Chairmen of both Endowments, for decision and appropriate action. Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations.

(b) Disciplinary and other remedial actions. When there is a final decision