[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR5.72]

[Page 12]
 
                           TITLE 34--EDUCATION
 
PART 5_AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO 
PUB. L. 90-23--Table of Contents
 
               Subpart F_Availability of Specific Records
 
Sec. 5.72  Records available.

    The following records of the Department shall, subject to the 
exceptions set forth in Sec. Sec. 5.71 and 5.73, be available upon 
request for inspection and copying.
    (a) Correspondence. Correspondence, relating to or resulting from 
the conduct of the official business of the Department, between the 
Department and individuals or organizations which are not agencies 
within the meaning of 5 U.S.C. 551(1) and 552(e).
    (b) Records pertaining to grants. (1) Portions of funded initial 
research grant applications and portions of continuation, renewal or 
supplemental grant applications, whether funded or not, including 
interim progress reports and other supporting documents submitted by 
applicants, which are not otherwise exempted from disclosure by this 
subpart.
    (2) Grant award documents.
    (3) All State plans, amendments, and supplements thereto, including 
applications for the waiver of any provision thereof whether acted upon 
by the Department or not.
    (c) Contracts. (1) Contract instruments.
    (2) Portions of offers reflecting final prices submitted in 
negotiated procurements.
    (d) Reports on grantee, contractor, or provider performance. Final 
reports of audits, surveys, reviews, or evaluations by, for, or on 
behalf of the Department, of performance by any grantee, contractor, or 
provider under any departmentally financed or supported program or 
activity, which reports have been transmitted to the grantee, 
contractor, or provider.
    (e) Research, development, and demonstration project records. The 
reports of a grantee or a contractor of the performance under any 
research, development, or demonstration project, records, other than 
reports, produced in such projects, such as films, computer software, 
other copyrightable materials and reports of inventions, will be 
available, except that considerations relating to obtaining copyright 
and patent protection may require delay in disclosure for such period as 
necessary to accomplish such protection. Disclosure of records which are 
copyrightable or which reflect patentable inventions shall not confer 
upon the requester any license under any copyright or patent without 
regard to the holder or owner thereof.