[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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.