### NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for t h e Hum anities

45 CFR Ch. XI
Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY : National Endowment for the Humanities, NFAH.

ACTION : Se miann ual regulatory agenda.

SUMMARY : Pursuan t to the Regulatory Flexibility Act, 5 U.S.C. 601 to 612, and Executive Order 12866 "Regulatory Planning and Review," dated September 30, 1993, the National Endowment for the Humanities is required to publish, semiann ually, an agenda of proposed regulations that the Endowment has issued or expects to issue and current rules that are under agency review.

FOR FURTHER INFORMATION CONTACT: Mic hae l P. McDonald, General Counsel, National Endowment for the Humanities, 1100 Pennsyl vania Avenue NW., Room 529, Washington, DC 20506; (202) 606-8322.

NAME: Carole M. Watson, Deputy Chairman, National Endowment for the Humanities.The 6 Regulatory Agendas

National Endowment for the Humanities - Proposed Rule

Title Regulation Identifier Number Privacy Act Regulations 3136-AA18
Freedom of Information Act Regulations 3136-AA27

National Endowment for the Humanities - Long-term Action

Title Regulation Identifier Number Implementation of Title IX of the Education Act Amendments of 1972 3136-AA14

National Endowment for the Humanities - Completed Action

Title Regulation Identifier NumberNational Endowment for the Humanities Implementation of OMB Guidance on Governmentwide Requirements for DrugFree Workplace (Financial Assistance) 3136-AA30

Institute of Museum and Library Services - Long-term Action

Title Regulation Identifier Number Testimony by IMLS Employees Relating to Agency Information and Production of Records in Legal Proceedings 3137-AA20

Institute of Museum and Library Services - Completed Action

Title Regulation Identifier NumberInstitute of Museum and Library Services Implementation of OMB Guidance on Governmentwide Requirements for DrugFree Workplace (Financial Assistance) 3137-AA19

National Foundation on the Arts and the Humanities (ARTS) National Endowment for the Humanities ( NEH ) RIN: 3136-AA18

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Title: Privacy Act Regulations Abstract: This regulation will amend the current Privacy Act regulations to update the agency's system of records and to perform a general review and updating of the Privacy regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 45 CFR 1115 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552a(F) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011

Regulatory Flexibility AnalysisRequired: Undetermined Government Levels Affected: No

Federalism: No Agency Contact: Heather C. Gottry Deputy General Counsel National Foundation on the Arts and the Humanities National Endowment for the Humanities Room 529 1100 Pennsylvania Avenue NW. Washington , DC 20506 Phone: 202 606-8322 FAX: 202 606-8600 E-Mail: hgottry@neh.gov

National Foundation on the Arts and the Humanities (ARTS) National Endowment for the Humanities ( NEH ) RIN: 3136-AA27

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Title: Freedom of Information Act Regulations Abstract: This regulation will amend the current Freedom of Information Act regulations to implement the OPEN Government Act of 2007, and Electronic Freedom of Information Act Amendments of 1996.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 45 CFR 1100.5 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related Agencies: Joint : NEA; Joint : IMLS Agency Contact: Heather C. Gottry Deputy General Counsel National Foundation on the Arts and the Humanities National Endowment for the Humanities Room 529 1100 Pennsylvania Avenue NW. Washington , DC 20506 Phone: 202 606-8322 FAX: 202 606-8600 E-Mail: hgottry@neh.gov

National Foundation on the Arts and the Humanities (ARTS) National Endowment for the Humanities ( NEH ) RIN: 3136-AA14

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Title: Implementation of Title IX of the Education Act Amendments of 1972 Abstract: The proposed regulation implements title IX of the Education Act Amendments of 1972, which prohibit discrimination or denial of benefits on the basis of sex under any educational program or activity receiving Federal financial assistance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 45 CFR 1171 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: 20 USC 1681 Legal Deadline: None

Timetable:
Action Date FR Cite Next Action Undetermined
NPRM 10/29/1999 64 FR 58568 NPRM Comment Period End 12/28/1999

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: Heather C. Gottry Deputy General Counsel National Foundation on the Arts and the Humanities National Endowment for the Humanities Room 529 1100 Pennsylvania Avenue NW. Washington , DC 20506 Phone: 202 606-8322 FAX: 202 606-8600 E-Mail: hgottry@neh.gov

National Foundation on the Arts and the Humanities (ARTS) National Endowment for the Humanities ( NEH ) RIN: 3136-AA30

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Title: National Endowment for the Humanities Implementation of OMB Guidance on Governmentwide Requirements for DrugFree Workplace (Financial Assistance) Abstract: The National Endowment for the Humanities (NEH) is removing its regulation implementing the Governmentwide common rule on drug-free work place requirements for financial assistance, currently located in 45 CFR 1173, and is issuing a new regulation to adopt the Office of Management and Budget (OMB) guidance at 2 CFR 182. This regulatory action implements the OMB's initiative to streamline and consolidate into one title of the CFR all federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification that would make no substantive change in NEH's policy or procedures for drug-free workplace.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 45 CFR 1173; 2 CFR 3373 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 41 USC 701 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule 08/30/2010 75 FR 52857 Final Rule Comment Period End 09/29/2010 Final Rule Effective 10/29/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Federalism: No Agency Contact: Michael P. McDonald General Counsel National Foundation on the Arts and the Humanities National Endowment for the Humanities 1100 Pennsylvania Avenue NW. Washington , DC 20506 Phone: 202 606-8322 FAX: 202 606-8600 E-Mail: mmcdonald@neh.govNational Foundation on the Arts and the Humanities (ARTS) Institute of Museum and Library Services ( IMLS ) RIN: 3137-AA20

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Title: Testimony by IMLS Employees Relating to Agency Information and Production of Records in Legal Proceedings Abstract: The proposed regulation is intended to establish procedures governing the testimony and production of records by Institute personnel in proceedings in which the Institute is not a party. It is intended to promote efficiency; minimize the possibility of involving the Institute in issues not related to its functions; maintain the Institute’s impartiality among litigants; and protect sensitive information and the deliberative process.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite Next Action Undetermined

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal Federalism: No Energy Affected: No Agency Contact: Calvin Durand Trowbridge III Deputy General Counsel National Foundation on the Arts and the Humanities Institute of Museum and Library Services 9th Floor 1800 M Street NW. Washington , DC 20036 Phone: 202 653-4675 TDD Phone: 202 653-4614 FAX: 202 653-4610 E-Mail: ctrowbridge@imls.gov

National Foundation on the Arts and the Humanities (ARTS) Institute of Museum and Library Services ( IMLS ) RIN: 3137-AA19

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Title: Institute of Museum and Library Services Implementation of OMB Guidance on Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) Abstract: Pursuant to OMB guidance, the Institute of Museum and Library Services (IMLS) has issued a regulation to: (1) Remove from IMLS' own title in the CFR the part containing the full text of the drug-free workplace common rule that the agencies last updated in 2003; and (2) replace that common rule by issuing a brief part in the IMLS chapter of 2 CFR, subtitle B, (2 CFR part 3186) to adopt the new OMB guidance, address the matters specified in section 182.25 of 2 CFR part 182, and state any other agency-specific rules needed to supplement the OMB guidance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 45 CFR 1186; 2 CFR 3186 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 20 USC 9103(f); 74 FR 28149 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule Effective 09/07/2010 75 FR 39133 Final Rule 09/08/2010 75 FR 39133Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Federalism: No Energy Affected: No Agency Contact: Calvin Durand Trowbridge III Deputy General Counsel National Foundation on the Arts and the Humanities Institute of Museum and Library Services 9th Floor 1800 M Street NW. Washington , DC 20036 Phone: 202 653-4675 TDD Phone: 202 653-4614 FAX: 202 653-4610 E-Mail: ctrowbridge@imls.gov