Subtitle A-Office of the
Secretary, Department of




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19 21 30 31

Official seal.......
Service of process
Availability of information to the public pursuant

to Pub. L. 90-23...........
Privacy Act regulations ..............
Inventions and patents (general)
Employee inventions ...........
Advisory committee management .............
Disposal and utilization of surplus real property

for educational purposes........
Uniform relocation assistance and real property

acquisition for federal and federally assisted

National security information procedures
Equal access to justice ........
Debt collection .......
Salary offset for Federal employees who are in-

debted to the United States under programs ad

ministered by the Secretary of Education............. Salary offset to recover overpayments of pay or

allowances from Department of Education em

Program Fraud Civil Remedies Act
Tort claims against the Government...
U.S. Exchange Visitor Program-request for

waiver of the two-year foreign residence require-
Standards of conduct
Administration of grants to institutions of higher

education, hospitals, and nonprofit organiza-
tions (effective October 1, 1988)...

44 75 76 84



33 35 50

96 100 117

73 74

120 122

152 Page

Part 74

75 76 77 78 79

221 298 326 349 351


Administration of grants (effective until October

1, 1988).....
Direct grant programs
State-administered programs
Definitions that apply to Department regulations.
Education Appeal Board .............
Intergovernmental Review of Department of Edu-

cation programs and activities
Uniform administrative requirements for grants

and cooperative agreements to state and local

governments (eff. October 1, 1988).
Governmentwide debarment and suspension (non-

procurement) ............
Student rights in research, experimental pro-

grams, and testing .....
Family educational rights and privacy






415 417





3.1 Definitions.
3.2 Description.
3.3 Authority to affix seal.
3.4 Use of the seal.

AUTHORITY: 20 U.S.C. 3472 and 3485, unless otherwise noted.

SOURCE: 45 FR 86491, Dec. 31, 1980, unless otherwise noted.

$ 3.3 Authority to affix seal.

The Secretary and the Secretary's designees are authorized to affix the Official Seal, replicas, reproductions, and embossing seals to appropriate documents, certifications, and other material for all purposes as authorized by this section. (Authority: 20 U.S.C. 3474)

$ 3.1 Definitions.

For the purposes of this part:

(a) “ED” means all organizational units of the Department of Education.

(b) "Embossing Seal” means a display of the form and content of the Official Seal made on a die so that the Seal can be embossed on paper or other media.

(c) Official Seal” means the original(s) of the Seal showing the exact form, content, and colors.

(d) “Replica" means a copy of the Official Seal displaying the identical form, content, and colors.

(e) “Reproduction" means a copy of the Official Seal displaying the form and content, reproduced in only one color.

(f) “Secretary” means the Secretary of Education.

$ 3.2 Description.

The Official Seal of the Department of Education is described as follows: Standing upon a mound, an oak tree with black trunk and limbs and green foliage in front of a gold rising sun, issuing gold rays on a light blue disc, enclosed by a dark blue border with gold edges bearing the inscription “DEPARTMENT OF EDUCATION” above a star at either side of the words “UNITED STATES OF AMERICA” in smaller letters in the base; letters and stars in white. The Offical Seal of the Department is modified when used in reproductions in black and white and when embossed. As so modified, it appears below.

$ 3.4 Use of the seal.

(a) Use by any person or organization outside of the Department may be made only with the Department's prior written approval.

(b) Requests by any person or organization outside of the Department for permission to use the Seal must be made in writing to Deputy Under Secretary for Planning, Budget, and Evaluation, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, D.C. 20202, and must specify, in detail, the exact use to be made. Any permission granted applies only to the specific use for which it was granted and is not to be construed as permission for any other use.

(c) Replicas may be used only:

(1) For display in or adjacent to ED facilities, in Departmental auditoriums, presentation rooms, hearing rooms, lobbies, and public document rooms;

(2) In offices of senior officials;

(3) For official awards, certificates, medals, and plaques;

(4) For motion picture film, video tape and other audiovisual media prepared by or for ED and attributed thereto;

(5) On official publications which represent the achievements or mission of ED;

(6) In non-ED facilities in connection ject to the provisions of 18 U.S.C. with events and displays sponsored by 1017, which states penalties for the ED, and public appearances of the wrongful use of an Official Seal, and Secretary or other senior ED officials; to other provisions of law as applicaand

ble. (7) For other purposes as deter- (45 FR 86491, Dec. 31, 1980, as amended at mined by the Director of the Office of 53 FR 4620, Feb. 17, 1988) Administrative Resources Manage


(d) Reproductions may be used § 4.1 Service of process required to be only

served on or delivered to Secretary. (1) On ED letterhead stationery;

Summons, complaints, subpoenas, (2) On official ED identification

and other process which are required cards, security, and other approved

to be served on or delivered to the Seccredentials;

retary of Education shall be delivered (3) On business cards for ED em- to the General Counsel or a Deputy ployees;

General Counsel, by mail at 400 Mary(4) On official ED signs;

land Avenue SW., Washington, D.C. (5) On official publications or graph- 20202 or by personal service at that ics issued by and attributed to ED, or address. The persons above designated joint statements of ED with one or

are authorized to accept service of more other Federal agencies, State or such process. local governments, or foreign govern

(Authority: 5 U.S.C. 301) ments; (6) On official awards, certificates,

(47 FR 16780, Apr. 20, 1982) and medals;

PART 5-AVAILABILITY OF INFOR(7) On motion picture film, video

MATION TO THE PUBLIC PURSUtape, and other audiovisual media prepard by or for ED and attributed

ANT TO PUB. L. 90-23 thereto; and

Subpart A-Definitions (8) For other purposes as deter- Sec. mined by the Director of the Office of 5.1 Act. Administrative Resources Manage- 5.2 Department. ment.

5.5 Records. (e) Embossing seals may be used 5.6 Statutory definitions. only

Subpart B-What Rocords Are Available (1) On ED legal documents, includ

5.11 Purpose and scope. ing interagency or intergovernmental

5.12 General policy. agreements, agreements with State or

5.13 Records available. local governments, foreign patent ap

5.14 Published documents. plications, certification(s) of true

5.15 Creation of records. copies, and similar documents;

5.16 Deletion of identifying details. (2) On official awards and certifi- 5.17 Records in record centers. cates; and

5.18 Destroyed records. (3) For other purposes as deter- 5.19 Records of other departments and mined by the General Counsel or agencies. Deputy Under Secretary for Manage

Subpart C-Freedom of Information Officer ment.

5.32 Freedom of information officer. (f) Falsely making, forging, counterfeiting, mutilating, or altering the Of. Subpart D—Procedures for Requesting Access ficial Seal, replicas, reproductions, or

to Records embossing seals, or knowingly using or 5.51 Procedure. possessing with fraudulent intent and

5.52 Copies of records. altered official seal, replica, reproduc

5.53 Denial of requests for records. tion or embossing seal is punishable

Subpart E-Fees and Charges under 18 U.S.C. 506.

5.60 Schedule of fees. (g) Any person using the Official

5.61 Notification of estimated fees. Seal, replicas, reproductions, or em- 5.62 Advance payment of fees. bossing seals in a manner inconsistent 5.63 Payment of fees and interest. with the provisions of this part is sub- 5.64 Waiver or reduction of fees.

Subpart F-Availability of Specific Records 8 5.6 Statutory definitions. 5.70 Policy.

The definitions in the Act and the 5.71 Protection of personal privacy and Office of Management and Budget's proprietary information.

Uniform FOIA Fee Schedule and 5.72 Records available.

Guidelines,” 52 FR 10012 (March 27, 5.73 Records not available.

1987), apply to this part. 5.74 Further disclosure.

(52 FR 32525, Aug. 27, 1987) Subpart G—Administrative Review 5.80 Review of denial of a record.

Subpart B-What Records Are 5.81 Time for initiation of request for

Available review. 5.82 By whom review is made.

85.11 Purpose and scope. 5.83 Contents of request for review.

This part constitutes the regulation 5.84 Consideration on review. 5.85 Decisions on review.

of the Department respecting the

availability to the public, pursuant to APPENDIX

the Act, of records of the Department. AUTHORITY: 5 U.S.C. 552.

It informs the public what records are SOURCE: 45 FR 30803, May 9, 1980, unless generally available. otherwise noted.

8 5.12 General policy. Subpart A-Definitions

The Department's policy is one of 8 5.1 Act.

the fullest responsible disclosure limitAs used in this part, “Act” means

ed only by the obligations of confidensection 552 of Title 5, United States

tiality and the administrative necessiCode, as amended by Pub. L. 90-23,

ties recognized by the Act. Unless othcodifying the Act of July 4, 1966,

erwise exempted from disclosure pursometimes referred to as the “Free

suant to law, records of the Departdom of Information Act”.

ment shall be available for inspection

and copying in accordance with this 8 5.2 Department.

part. As used in this part, “Department”

8 5.13 Records available. means the Department of Education.

(a) Publication in the Federal Regis8 5.5 Records.

ter. The following shall be published As used in this part:

in the FEDERAL REGISTER: (a) "Record" includes books, bro- (1) Descriptions of the Department's chures, punch cards, magnetic tapes, central and field organization and the paper tapes, sound recordings, maps, established places at which, the offi. pamphlets, photographs, slides,

cers from whom, and the methods motion pictures, or other documentary

whereby, the public may secure informaterials, regardless of physical form

mation, make submittals or requests, or characteristics, made or received by

or obtain decisions; the Department pursuant to Federal

(2) Statements of the general course law or in connection with the transac

and method by which the Departtion of public business and preserved

ment's functions are channeled and by the Department as evidence of the organization, functions, policies, deci

determined, including the nature and

requirements of all formal and inforsions, procedures, operations, pro

mal procedures available; grams, or other activities. (b) "Record” does not include: Ob

(3) Rules of procedures, descriptions

of forms available or the places at jects or articles such as tangible exhibits, models, equipment, or processing

which forms may be obtained, and inmaterials; or formulae, designs, draw

structions as to the scope and contents ings, or other items of valuable proper

of all papers, reports, or examinations; ty; books, magazines, pamphlets, or

(4) Substantive rules of general apother reference material in formally

plicability adopted as authorized by organized and officially designated li- law, and statements of general policy braries of the Department, which are

or interpretations of general applicaavailable under the rules of the par

bility formulated and adopted by the ticular library concerned.


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