(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 Manage ment; (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; possessing with fraudulent intent and (g) Any person using the Official [45 FR 86491, Dec. 31, 1980, as amended at Subpart B-Official Insignia— SOURCE: 56 FR 65388, Dec. 16, 1991, unless otherwise noted. §3.5 Scope. This subpart provides public notice of the establishment of the AMERICA 2000 insignia as an official insignia of the Department of Education and establishes the Department's policy gov (6) On official awards, certificates, erning its authorized use. 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 Manage ment. (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 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 §3.6 Policy. The Department of Education has established the AMERICA 2000 insignia as the official insignia of AMERICA 2000, which seeks to transform American education and move our Nation toward the six national educational goals adopted by the President and the Nation's governors. The AMERICA 2000 insignia is primarily intended for use by officers and employees of the Department as well as States, local educational agencies, and communities participating in AMERICA 2000. While use of the insignia by States, local educational agencies, and communities participating in AMERICA 2000 is intended to convey association with and support for the educational reform goals of AMERICA 2000, it does not constitute Federal endorsement of each element of a State or local AMERICA 2000 insignia activity. Authorized uses of the insignia are set forth in § 3.8. §3.7 Insignia description. The AMERICA 2000 insignia is a triangle containing a stylized American flag, bordered at the bottom with the term "AMERICA 2000." The stripes in the triangle are blue (left side) and red (right side) and the term "AMERICA 2000" is blue and red corresponding to the color of the stripe immediately above each component of the term. The AMERICA 2000 insignia is reproduced in black and white below. AMERICA 2000 §3.8 Authorized uses. (a) Except as provided in paragraph (b) of this section, the AMERICA 2000 insignia may be used only by (1) Officers and employees of the Department in connection with AMERICA 2000; (2) States, local educational agencies, and communities participating in AMERICA 2000 in communications directly related to AMERICA 2000; and (3) The news media in reporting on AMERICA 2000. (b) If the Secretary or his designee determines that other uses of the AMERICA 2000 insignia would promote the purposes of AMERICA 2000, the Secretary or his designee may authorize, in writing, these other uses. (c) Requests by any person or organization outside the Department for permission to use the AMERICA 2000 insignia pursuant to paragraph (b) of this section should be addressed to The Secretary, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202-0100. 83.9 Unauthorized uses. The AMERICA 2000 insignia may not be used (a) As part of an express or implied endorsement of a commercial product, service, or enterprise; or (b) In any context that expresses or implies (1) Support for any political party or candidate; or (2) Federal endorsement of activities or elements of State or local educational programs other than AMERICA 2000. § 3.10 Adaptation. The designation "AMERICA 2000" as used in the insignia may be modified by a State, local educational agency, or community described in §3.8(a)(2) to substitute the name of that State or community in lieu of the term "AMERICA," for uses authorized by that section. An authorized adaptation of the AMERICA 2000 insignia may read, for example, "New Mexico 2000," "Dallas 2000," or "Riverside ISD 2000." PART 4-SERVICE OF PROCESS 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) § 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 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. § 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] Subpart B-What Records Are Available § 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. § 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 oth 3 Office of the Secretary, Education erwise exempted from disclosure pursuant to law, records of the Department shall be available for inspection and copying in accordance with this part. 85.13 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 whereby, the public may secure information, make submittals or requests, or obtain decisions; (2) Statements of the general course and method by which the Department's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (3) Rules of procedures, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (4) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the Department; (5) Every amendment, revision, or repeal of the foregoing. (b) Agency opinions and orders. The Department shall, in accordance with this part and applicable regulations, make available for public inspection and copying: (1) All final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases (initial decisions and reconsiderations thereof in matters that are not the result of administrative proceedings such as hearings or formal appeals are not "opinions and orders in the adjudication of cases"); (2) Those statements of policy and which have been interpretations adopted by the agency and are not published in the FEDERAL REGISTER; (3) Administrative staff manuals and instructions to staff that affect any member of the public; unless such materials are promptly published and copies offered for sale. The Department shall maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter which is issued, adopted, or promulgated after July 4, 1967, and which is required by this paragraph (b) to be published or made available. (c) Availability of records on request. In addition to the records made available pursuant to paragraphs (a) and (b) of this section, the Department shall, upon request for identifiable records made in accordance with this part, make such records available to any person, unless it is determined that such records must be withheld from disclosure and are exempt under subsection (b) of the Act and Subpart F of this part. § 5.14 Published documents. Published records of the Department, whether or not available for purchase, shall be made available for examination. 85.15 Creation of records. Records are not required to be created by compiling selected items from the files, and records are not required to be created to provide the requester with such data as ratios, proportions, percentages, per capitas, frequency distributions, trends, correlations, and comparisons. If such data have been compiled and are available in the form of a record, the record shall be made available as provided in this part. 85.16 Deletion of identifying details. Whenever any final opinion, order, or other materials required to be made available pursuant to subsection (a)(2) of the Act relates to a private party or parties and the release of the name or names or other identifying details will constitute a clearly unwarranted invasion of personal privacy, the record shall be published or made available with such identifying details left blank, or shall be published or made available with obviously fictitious substitutes and with a notification such as the following as a preamble: Names of parties and certain other identifying details have been removed [and ficti (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; (2) The need to search for, collect and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein. If such extension is made, the requester will be notified in writing with an explanation of why the extension was necessary and the date on which a determination will be made. § 5.52 Copies of records. Copies of available records shall be produced as promptly as possible upon receipt of the fee therefor. Copying service shall be limited to not more than two copies of any single page, except that additional copies may be made where administrative considerations permit. Records which are published or available for sale need not be copied. |