As used in this chapter (except as otherwise defined by an applicable statute or regulation):

"Acquisition" means assumption of ownership (including the receipt of gifts) and necessary delivery, and includes purchase, lease, or lease-purchase.

"Applicant" means an eligible party seeking Federal financial assistance. The term includes an offeror for a contract, as well as an applicant for a grant.

"Application" means applications for grants and offers from eligible parties to enter into contracts with the Federal Government.

"Budget period" means the interval of time into which an approved activity is divided for budgetary purposes. "Commissioner" means the U.S. Commissioner of Education.

"Department" means the U.S. Department of Health, Education, and Welfare.

"Elementary school" means a day or residential school which provides elementary education, as determined under State law, and "Elementary school level" means the educational level at which elementary education is provided, as determined under State law.

"Equipment" includes machinery and includes all other items of tangible personal property necessary for

the functioning of a particular facility as a facility for the provision of educational and related services, including items such as instructional equipment and necessary furniture, printed, published, and audiovisual instructional materials, and books, periodicals, documents, and other related materials. Equipment does not include "supplies" (as defined in this section).

"Expendable personal property" means all tangible personal property other than nonexpendable personal property (as defined in this section).

"Fiscal year" means a period beginning on July 1 and ending on the following June 30. (A fiscal year is designated in accordance with the calendar year in which the ending date of the fiscal year occurs.)

"GEPA” means the General Education Provisions Act, title IV of Public Law 90-247, as amended.

"Grant period" means the period during which costs may be charged against a grant.

"Materials" means those items which with reasonable care and use may be expected to last for more than 1 year and are suitable for and are to be used in providing instruction under approved activities receiving Federal assistance. The term includes such items as audio and video tapes; discs; slides and transparencies; films and filmstrips; books; models and mockups; pamphlets; periodicals for indefinite retention in reference collections, and other printed and published materials such as maps, globes, and charts. The term does not include such items as textbooks or chemicals, glassware and other supplies which are consumed in

use.

"Minor remodeling” means minor alterations in a previously completed building which are needed to make effective use of equipment or personnel. The term may also include the extension of utility lines, such as water and electricity, from points beyond the confines of the spaces in which the minor remodeling is undertaken but

within the confines of such previously completed building. The term does not include building construction, structural alterations to buildings, building maintenance, or repair.

"Nonexpendable personal property" means tangible personal property, including equipment, having a useful life of more than 1 year and an acquisition cost of $300 or more per unit.

"Nonprofit,' as applied to a school, agency, organization, or institution, means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

“Personal property” means property of any kind, tangible or intangible, except real property.

"Preschool" means the educational level from a child's birth to the time at which elementary education is provided as determined under State law.

"Private" means not under public supervision or control.

"Program" means an overall plan with respect to Federal funds made available during a fiscal year, which plan is intended to be put into effect by the recipient through one or more projects. The term does not include a Federal program of assistance.

"Project" means an activity, or set of activities designed to meet the purposes of the applicable Federal program.

"Project period" means the total period of time for which a project is approved for support with Federal funds.

"Public agency" means a legally constituted organization of government under public administrative control and direction, but does not include agencies of the Federal Government.

"Recipient" means the agency, institution, or organization receiving Federal financial assistance including subgrantees (as defined in this section) but does not include contractors who receive funds from the recipient pursuant to a grant or contract awarded by the Commissioner.

"Secondary school" means a day or residential school which provides secondary education, as determined

under State law, except that it does not include any education provided beyond grade 12, and "Secondary school level" means the educational level (not beyond grade 12) at which secondary education is provided, as determined under State law.

"Secretary" means the Secretary of Health, Education, and Welfare.

"Service function", with respect to a local educational agency, means an educational service which is performed by a legal entity, such as an intermediate agency, whose jurisdiction does not extend to the whole of the State and which is authorized to provide consultative, advisory, or educational program services to public elementary or secondary schools, or which has regulatory functions over agencies having administrative control or direction of public elementary or secondary schools, rather than a service which is performed by a cultural or educational resource.

As used in this subchapter the term "State and local governments" shall be determined according to the following definitions:

(a) "State" means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State exclusive of State institutions of higher education and hospitals.

"State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(b) "Local government" means a local unit of government including specifically a county, municipality, city, town, township, school district, local public authority, special district, intrastate district, council of governments, sponsor group representative organization, and other regional or interstate government entity, or any agency or instrumentality of a local government exclusive of institutions of higher education and hospitals.

"Subgrant" means an award of money paid by a recipient as financial assistance pursuant to a grant awarded by the Commissioner.

"Subgrantee" means the agency, institution, or organization to which a subgrant is made and which is accountable to the recipient for the use of the funds provided.

"Supplies" means those nonequipment items of tangible personal property which are consumed in use or which may not reasonably be expected to last longer than 1 year.

"Works of art" means those items, which may be in the nature of fixtures, that are incorporated in facilities primarily because of their esthetic value. The cost of a work of art which is in the nature of a fixture shall be the estimated additional cost of incorporating those special esthetic features which exceed the general requirements of excellence of architecture and design.

(Sec. 403(b)(1), Pub. L. 90-247, 86 Stat. 327 (20 U.S.C. 1221c(b)(1)))

[38 FR 30661, Nov. 6, 1973, as amended at 41 FR 1395, Jan. 7, 1976]

Subpart B-Availability of Information to the Public

SOURCE: 40 FR 41795, Sept. 9, 1975, unless otherwise noted.

§ 100.5 Regulations of the Department.

The Department's regulations (45 CFR Part 5) on availability to the public of documents under the Public Information Act (5 U.S.C. 552) apply to the Office of Education.

(5 U.S.C. 552)

§ 100.6 Policy on fees.

The Department's policy on fees set forth in § 5.60 of this title is as follows: It is the policy of the Department to provide routine information to the public without charge. Special information services involving a benefit that does not accrue to the general public shall be subject to the payment of fees which shall be fixed in amounts to recover the direct cost to the Government of providing such services. Fees will be charged for the following special services:

(a) Reproduction, duplication or copying of records;

(b) Certification or authentication of records;

(c) Searches for records.

(5 U.S.C. 552(a)(4)(A))

§ 100.7 Fee schedule.

The fee schedule for the Department of Health, Education, and Welfare, set forth in § 5.61 of this title, is as follows:

(a) (1) Search for records-three dollars per hour; provided, however, that no charge will be made for the first half hour.

or

(2) Reproduction, duplication copying of records-ten cents per page where such reproduction can be made by commonly available photocopying machines. However, the cost of reproducing records which are not susceptible to such photocopying, e.g., punch cards, magnetic tapes, blueprints, etc., will be determined on a case-by-case basis at actual cost.

(3) Certification or authentication of records-three dollars per certification or authentication.

(4) Forwarding material to destination-any special arrangements for forwarding which are requested by the requester shall be charged on an actual cost basis.

(5) No charge will be made where the total amount does not exceed five dollars.

(b) Waiver or reduction of the fees provided for in this subsection may be made upon a determination that such waiver or reduction is in the public interest because furnishing the information can be considered as primarily benefiting the general public.