Page images

Subtitle A-Office
Secretary, Departme


Part 3 4 5

5b 6 7 11 12




Official seal.............
Service of process
Availability of information to the publ

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

for educational purposes........
Uniform relocation assistance and rea

acquisition for federal and federal

National security information procedur
Equal access to justice .........
Debt collection...
Salary offset for Federal employees w

debted to the United States under pro

ministered by the Secretary of Educat Salary offset to recover overpayments

allowances from Department of Educ

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

waiver of the two-year foreign resident
Indemnification of Department of Educ

ployees................ Standards of conduct..

30 31


33 35 50





Part 74

75 76 77 78 79

113 182 211 236 238



Administration of grants to institutions of higher

education, hospitals, and nonprofit organiza

tions ............
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 ..............
General Education Provisions Act-enforcement...
New restrictions on lobbying .............
Governmentwide debarment and suspension (non-

procurement) and governmentwide require

ments for drug-free workplace (grants)....
Drug-free schools and campuses
Protection of human subjects.. .....
Student rights in research, experimental pro-

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

253 287 298

82 85

86 97 98

310 330 341

[ocr errors]

352 354




Sec. 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.


8 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.

8 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)

8 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.

8 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, 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;

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

(g) 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)


(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;

(d) 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 prepard 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 or 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 Deputy Under Secretary for Management.

(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.

8 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. (Authority: 5 U.S.C. 301) [47 FR 16780, Apr. 20, 1982)



Subpart A-Definitions

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


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.

law or in 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 F-Availability of Specific Records 5.70 Policy. 5.71 Protection of personal privacy and

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

Subpart G–Administrative Review

8 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. (52 FR 32525, Aug. 27, 1987)

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

review. 5.82 By whom review is made. 5.83 Contents of request for review. 5.84 Consideration on review. 5.85 Decisions on review. APPENDIX TO PART 5

AUTHORITY: 5 U.S.C. 552.

SOURCE: 45 FR 30803, May 9, 1980, unless otherwise noted.

Subpart B-What Records Are


8 5.11 Purpose and scope.

This part constitutes the regulation of the Department respecting the availability to the public, pursuant to the Act, of records of the Department. It informs the public what records are generally available.

Subpart A-Definitions

8 5.1 Act.

As used in this part, Act means section 552 of Title 5, United States Code, as amended by Pub. L. 90-23, codifying the Act of July 4, 1966, sometimes referred to as the “Freedom of Information Act”.

8 5.12 General policy.

The Department's policy is one of the fullest responsible disclosure limited only by the obligations of confidentiality and the administrative necessities recognized by the Act. Unless otherwise exempted from disclosure pursuant to law, records of the Department shall be available for inspection and copying in accordance with this part.

8 5.2 Department.

As used in this part, Department means the Department of Education.

$ 5.5 Records.

As used in this part:

(a) Record includes books, brochures, punch cards, magnetic tapes, paper tapes, sound recordings, maps, pamphlets, photographs, slides, motion pictures, or other documentary materials, regardless of physical form or characteristics, made or received by the Department pursuant to Federal

$ 5.13 Records available.

(a) Publication in the Federal Register. The following shall be published in the FEDERAL REGISTER:

(1) Descriptions of the Department's central and field organization and the established places at which, the officers from whom, and the methods

« PreviousContinue »