[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR370.5]

[Page 393-394]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 370--CLIENT ASSISTANCE PROGRAM--Table of Contents
 
                           Subpart A--General
 
Sec.  370.5  What regulations apply?

    The following regulations apply to the expenditure of funds under 
the CAP:
    (a) The Education Department General Administrative Regulations 
(EDGAR) as follows:
    (1) 34 CFR part 74 (Administration of Grants to Institutions of 
Higher Education, Hospitals and Nonprofit Organizations) applies to the 
designated agency if the designated agency is not a State agency, local 
government agency, or Indian tribal organization. As the entity that 
eventually, if not directly, receives the CAP grant funds, the 
designated agency is considered a recipient for purposes of part 74.
    (2) 34 CFR part 76 (State-Administered Programs) applies to the 
State and, if the designated agency is a State or local government 
agency, to the designated agency, except for--
    (i) Sec.  76.103;
    (ii) Sec. Sec.  76.125 through 76.137;
    (iii) Sec. Sec.  76.300 through 76.401;
    (iv) Sec.  76.708;
    (v) Sec.  76.734; and
    (vi) Sec.  76.740.
    (3) 34 CFR part 77 (Definitions That Apply to Department 
Regulations).
    (4) 34 CFR part 79 (Intergovernmental Review of Department of 
Education Programs and Activities).
    (5) 34 CFR part 80 (Uniform Administrative Requirements for Grants 
and Cooperative Agreements to State and Local Governments) applies to 
the State and, if the designated agency is a State or local government 
agency, to the designated agency.
    (6) 34 CFR part 81 (General Education Provisions Act-Enforcement) 
applies to both the State and the designated agency, whether or not the 
designated agency is the actual recipient of the CAP grant. As the 
entity that eventually, if not directly, receives the CAP grant funds, 
the designated agency is considered a recipient for purposes of Part 81.
    (7) 34 CFR part 82 (New Restrictions on Lobbying).

[[Page 394]]

    (8) 34 CFR part 85 (Governmentwide Debarment and Suspension 
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace 
(Grants)).
    (b) The regulations in this part 370.
    (c) The regulations in 34 CFR 369.43, 369.46 and 369.48, relating to 
various conditions to be met by grantees.
    Note: Any funds made available to a State under this program that 
are transferred by a State to a designated agency do not comprise a 
subgrant as that term is defined in 34 CFR 77.1. The designated agency 
is not, therefore, in these circumstances a subgrantee, as that term is 
defined in that section or in 34 CFR part 74, 76, or 80.)

(Authority: 29 U.S.C. 711(c) and 732)