(a) 
         The differences between direct and indirect costs and the principles for determining the general indirect cost rate that a grantee may use for grants under most programs are specified in the cost principles for—
     
    
        
        (1) 
         Institutions of higher education, at  34 CFR 74.27 ;
     
    
        
        (2) 
         Hospitals, at  34 CFR 74.27 ;
     
    
        
        (3) 
         Other nonprofit organizations, at  34 CFR 74.27 ;
     
    
        
        (4) 
         Commercial (for-profit) organizations, at  34 CFR 74.27; and
     
    
        
        (5) 
         State and local governments and federally-recognized Indian tribal organizations, at  34 CFR 80.22.
     
    
        
        (b) 
         A grantee must have a current indirect cost rate agreement to charge indirect costs to a grant. To obtain an indirect cost rate, a grantee must submit an indirect cost proposal to its cognizant agency and negotiate an indirect cost rate agreement.
     
    
        
        (c) 
         The Secretary may establish a temporary indirect cost rate for a grantee that does not have an indirect cost rate agreement with its cognizant agency.
     
    
        
        (d) 
         The Secretary accepts an indirect cost rate negotiated by a grantee's cognizant agency, but may establish a restricted indirect cost rate for a grantee to satisfy the statutory requirements of certain programs administered by the Department.
     
    
        
            Code of Federal Regulations
        
        (Authority: 
                20 U.S.C. 1221e-3, 3474
            , and 6511(a))
    
    
        
            Code of Federal Regulations
        
        [57 FR 30341, July 8, 1992, as amended at 59 FR 59582, Nov. 17, 1994]