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EDGAR Part 75 Subpart F (What Are the Administrative Responsibilities of a Grantee?)



  Subpart F_What Are the Administrative Responsibilities of a Grantee?

                 General Administrative Responsibilities

Sec. 75.700  Compliance with statutes, regulations, and applications.

    A grantee shall comply with applicable statutes, regulations, and
approved applications, and shall use Federal funds in accordance with
those statutes, regulations, and applications.

(Authority: 20 U.S.C. 1221e-3 and 3474)

Sec. 75.701  The grantee administers or supervises the project.

    A grantee shall directly administer or supervise the administration
of the project.

(Authority: 20 U.S.C. 1221e-3 and 3474)

Sec. 75.702  Fiscal control and fund accounting procedures.

    A grantee shall use fiscal control and fund accounting procedures
that insure proper disbursement of and accounting for Federal funds.

(Authority: 20 U.S.C. 1221e-3 and 3474)

    Cross reference: See 34 CFR part 74, Subpart C--Post-Award
Requirements and Subpart D--After-the-Award Requirements and 34 CFR part
80, Subpart C--Post-Award Requirements and Subpart D--After-the-Grant
Requirements.

Sec. 75.703  Obligation of funds during the grant period.

    A grantee may use grant funds only for obligations it makes during
the grant period.

(Authority: 20 U.S.C. 1221e-3 and 3474)

Sec. 75.707  When obligations are made.

    The following table shows when a grantee makes obligations for
various kinds of property and services.

------------------------------------------------------------------------
        If the obligation is for--            The obligation is made--
------------------------------------------------------------------------
(a) Acquisition of real or personal         On the date the grantee
 property.                                   makes a binding written
                                             commitment to acquire the
                                             property.
(b) Personal services by an employee of     When the services are
 the grantee.                                performed.
 (c) Personnal services by a contractor who  On the date on which the
 is not an employee of the grantee.          grantee makes a binding
                                             written commitment to
                                             obtain the services.
(d) Performance of work other than          On the date on which the
 personal services.                          grantee makes a binding
                                             written commitment to
                                             obtain the work.
(e) Public utility services...............  When the grantee receives
                                             the services.
(f) Travel................................  When the travel is taken.
(g) Rental of real or personal property...  When the grantee uses the
                                             property.
(h) A preagreement cost that was properly
 approved by the Secretary under the cost
 principles identified in 34 CFR 74.171 or
 80.22.
------------------------------------------------------------------------


(Authority: 20 U.S.C. 1221e-3 and 3474)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 57 FR 30340, July 8, 1992]

Sec. 75.708  Prohibition of subgrants.

    (a) A grantee may not make a subgrant under a program covered by
this part unless specifically authorized by statute.
    (b) A grantee may contract for supplies, equipment, construction,
and other services, in accordance with 34 CFR part 74, Subpart C--Post-
Award Requirements (Procurement Standards Sec. Sec. 74.40-74.48) and 34
CFR part 80, Subpart C--Post-Award Requirements (Sec. 80.36
Procurement).

(Authority: 20 U.S.C. 1221e-3 and 3474)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 52 FR 27804, July 24, 1987; 64 FR 50392, Sept. 16, 1999]

                                 Reports

    Cross reference: See 34 CFR 74.51, Monitoring and reporting program
performance; 34 CFR 74.52, Financial reporting; 34 CFR 80.40, Monitoring
and reporting program performance; and 34 CFR 80.41 Financial reporting.

Sec. 75.720  Financial and performance reports.

    (a) This section applies to the reports required under--
    (1) 34 CFR 74.51 (Monitoring and reporting program performance) and
34 CFR 74.52 (Financial reporting); and
    (2) 34 CFR 80.40 (Monitoring and reporting program performance) and
34 CFR 80.41 (Financial reporting).
    (b) A grantee shall submit these reports annually, unless the
Secretary allows less frequent reporting. However, the Secretary may
require a grantee of a grant made under 34 CFR part 700, 706, 707, or
708 (certain programs of the Office of Educational Research and
Improvement) to submit performance reports more often than annually.
    (c) The Secretary may require a grantee to report more frequently
than annually under 34 CFR 74.14 (Special award conditions), 34 CFR
74.21 (Standards for financial management systems), 34 CFR 80.12
(Special grant or subgrant conditions for ``high-risk'' grantees) or 34
CFR 80.20 (Standards for financial management systems).

(Authority: 20 U.S.C. 1221e-3 and 3474)

[57 FR 30340, July 8, 1992, as amended at 64 FR 50392, Sept. 16, 1999]

Sec. 75.721  [Reserved]

                                 Records

    Cross reference: See 34 CFR 74.53, Retention and access requirements
for records and 34 CFR 80.42, Retention and access requirements for
records.

Sec. 75.730  Records related to grant funds.

    A grantee shall keep records that fully show:
    (a) The amount of funds under the grant;
    (b) How the grantee uses the funds;
    (c) The total cost of the project;
    (d) The share of that cost provided from other sources; and
    (e) Other records to facilitate an effective audit.

(Approved by the Office of Management and Budget under control number
1880-0513)

(Authority: 20 U.S.C. 1221e-3 and 3474)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 53 FR 49143, Dec. 6, 1988]

Sec. 75.731  Records related to compliance.

    A grantee shall keep records to show its compliance with program
requirements.

(Authority: 20 U.S.C. 1221e-3 and 3474)

Sec. 75.732  Records related to performance.

    (a) A grantee shall keep records of significant project experiences
and results.
    (b) The grantee shall use the records under paragraph (a) to:
    (1) Determine progress in accomplishing project objectives; and
    (2) Revise those objectives, if necessary.

(Approved by the Office of Management and Budget under control number
1880-0513)

(Authority: 20 U.S.C. 1221e-3 and 3474)

    Cross reference: See 34 CFR 74.25, Revision of budget and program
plans.

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 53 FR 49143, Dec. 6, 1988]

Sec. 75.733  [Reserved]

                                 Privacy

Sec. 75.740  Protection of and access to student records; student
          rights in research, experimental programs, and testing.

    (a) Most records on present or past students are subject to the
requirements of section 444 of GEPA and its implementing regulations in
34 CFR part 99. (Section 444 is the Family Educational Rights and
Privacy Act of 1974.)
    (b) Under most programs administered by the Secretary, research,
experimentation, and testing are subject to the requirements of section
445 of GEPA and its implementing regulations at 34 CFR part 98.

(Authority: 20 U.S.C. 1221e-3, 1232g, 1232h, and 3474)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 57 FR 30340, July 8, 1992; 60 FR 46493, Sept. 6, 1995]


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EDGAR version June 23, 2005