Page images
PDF
EPUB

Subtitle A-Office of the
Secretary, Department of

Education

[graphic]

Part 3 4 5

Page

5 6

5b

6 15 26 27

7 8

28

12

31

15

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
Demands for testimony or records in legal proceed-

ings
Disposal and utilization of surplus Federal real

property for educational purposes
Uniform relocation assistance and real property

acquisition for federal and federally assisted pro

grams
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 al-

lowances from Department of Education employ

ees
Program Fraud Civil Remedies Act
Tort claims against the Government
Indemnification of Department of Education em-

ployees
Standards of conduct
Administration of grants and agreements with in-

stitutions of higher education, hospitals, and
other non-profit organizations

39 40 41 50

61

32

33 35 60

68 72 89

92 93

73 74

94

PART 3 OFFICIAL SEAL

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

PARTMENT

[graphic]

TION

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

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

UNITED STATES OF AMERICA

83.1 Definitions.

$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.

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.

(a) 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.

(Authority: 20 U.S.C. 3474)

$ 3.4 Use of the seal.

$ 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.

(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 Assistant Secretary for Management and Budget/Chief Financial Officer, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 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;

(8) Any person using the Official Seal, replicas, reproductions, or embossing seals in a manner inconsistent with the provisions of this part is subject to the provisions of 18 U.S.C. 1017, which states penalties for the wrongful use of an Official Seal, and to other provisions of law as applicable.

[45 FR 86491, Dec. 31, 1980, as amended at 53 FR 4620, Feb. 17, 1988; 56 FR 65388, Dec. 16, 1991]

PART 4-SERVICE OF PROCESS

$ 4.1 Service of process required to be

served on or delivered to Secretary.

Summons, complaints, subpoenas, and other process which are required to be served on or delivered to the Secretary of Education shall be delivered to the General Counsel or a Deputy General Counsel, by mail at 400 Maryland Avenue SW., Washington, DC 20202 or by personal service at that address. The persons above designated are authorized to accept service of such process.

(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 with events and displays sponsored by ED, and public appearances of the Secretary or other senior ED officials; and

(7) For other purposes as determined by the Director of the Office of Administrative Resources Management;

(a) Reproductions may be used only(1) On ED letterhead stationery;

(2) On official ED identification cards, security, and other approved credentials;

(3) On business cards for ED employees;

(4) On official ED signs;

(5) On official publications or graphics issued by and attributed to ED, or joint statements of ED with one or more other Federal agencies, State or local governments, or foreign governments;

(6) On official awards, certificates, and medals;

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

(8) For other purposes as determined by the Director of the Office of Administrative Resources Management.

(e) Embossing seals may be used only

(1) On ED legal documents, including interagency

intergovernmental agreements, agreements with State or local governments, foreign patent applications, certification(s) of true copies, and similar documents;

(2) On official awards and certificates; and

(3) For other purposes as determined by the General Counsel or Assistant Secretary for Human Resources and Administration.

(f) Falsely making, forging, counterfeiting, mutilating, or altering the Official Seal, replicas, reproductions, or embossing seals, or knowingly using or possessing with fraudulent intent and altered official seal, replica, reproduction or embossing seal is punishable under 18 U.S.C. 506.

(Authority: 5 U.S.C. 301)

[47 FR 16780, Apr. 20, 1982]

PART 5-AVAILABILITY OF INFOR

MATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23

Subpart A-Definitions

or

Sec. 5.1 Act. 5.2 Department. 5.5 Records. 5.6 Statutory definitions.

Subpart B-What Records Are Available

5.11 Purpose and scope. 5.12 General policy. 5.13 Records available. 5.14 Published documents. 5.15 Creation of records. 5.16 Deletion of identifying details. 5.17 Records in record centers. 5.18 Destroyed records. 5.19 Records of other departments and agen

cies.

Subpart C-Freedom of Information Officer

5.32 Freedom of information officer.

Subpart D-Procedures for Requesting

Access to Records

5.51 Procedure. 5.52 Copies of records. 5.53 Denial of requests for records.

Subpart E-Fees and charges

5.60 Schedule of fees. 5.61 Notification of estimated fees. 5.62 Advance payment of fees. 5.63 Payment of fees and interest. 5.64 Waiver or reduction of fees.

connection with the transaction of public business and preserved by the Department as evidence of the organization, functions, policies, decisions, procedures, operations, programs, or other activities.

(b) Record does not include: Objects or articles such as tangible exhibits, models, equipment, or processing materials; or formulae, designs, drawings, or other items of valuable property; books, magazines, pamphlets, or other reference material in formally organized and officially designated libraries of the Department, which are available under the rules of the particular library concerned.

Subpart Availability of Specific Records

5.70 Policy. 5.71 Protection of personal privacy and pro

prietary information. 5.72 Records available. 5.73 Records not available. 5.74 Further disclosure.

Subpart G Administrative Review

$5.6 Statutory definitions.

The definitions in the Act and the Office of Management and Budget's “Uniform FOIA Fee Schedule and Guidelines,” 52 FR 10012 (March 27, 1987), apply to this part.

5.80 Review of denial of a record. 5.81 Time for initiation of request for re

view. 5.82 By whom review is made. 5.83 Contents of request for review. 5.84 Consideration on review. 5.85 Decisions on review.

[52 FR 32525, Aug. 27, 1987)

Subpart B-What Records Are

Available

APPENDIX TO PART 5

AUTHORITY: 5 U.S.C. 552.

$5.11 Purpose and scope.

[blocks in formation]
« PreviousContinue »