[Federal Register: June 19, 1998 (Volume 63, Number 118)]
[Proposed Rules]               
[Page 33765-33776]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jn98-41]


[[Page 33765]]

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Part II

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Department of Education





_______________________________________________________________________



34 CFR Parts 662, 663, and 664



Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship 
Program, Fulbright-Hays Faculty Research Abroad Fellowship Program, and 
Fulbright-Hays Group Projects Abroad Program; Proposed Rule


[[Page 33766]]



DEPARTMENT OF EDUCATION

34 CFR Parts 662, 663, and 664

RIN 1840-AC53

 
Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship 
Program, Fulbright-Hays Faculty Research Abroad Fellowship Program, and 
Fulbright-Hays Group Projects Abroad Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Secretary proposes to amend the regulations governing the 
Higher Education Programs in Modern Foreign Language Training and Area 
Studies--Doctoral Dissertation Research Abroad Fellowship Program, 
Faculty Research Abroad Fellowship Program, and Group Projects Abroad 
Program. These amendments are needed as a result of changes in 
terminology applicable to these programs and changes in the selection 
criteria. The proposed regulations would change the names of these 
programs, remove obsolete references, modify the selection criteria, 
and make other technical changes.

DATES: Comments must be received by the Department on or before July 
20, 1998.

ADDRESSES: All comments concerning these proposed regulations should be 
addressed to Karla Ver Bryck Block, U.S. Department of Education, 600 
Independence Avenue, SW., Suite 600C Portals Building, Washington, DC 
20202-5331. Comments may also be sent through the Internet to: 
comments@ed.gov
    You must include the term ``Fulbright-Hays'' in the subject line of 
your electronic message.
    Comments that concern information collection requirements must be 
sent to the Office of Management and Budget at the address listed in 
the Paperwork Reduction Act section of this preamble. A copy of those 
comments may also be sent to the Department representative named in 
this section.

FOR FURTHER INFORMATION CONTACT: Karla Ver Bryck Block. Telephone: 
(202) 401-9774. Individuals who use a telecommunications device for the 
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through 
Friday.
    Individuals with disabilities may obtain this document in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION:

Invitation To Comment

    Interested persons are invited to submit comments and 
recommendations regarding these proposed regulations. To ensure that 
public comments have maximum effect in developing the final 
regulations, the Department urges commenters to identify clearly the 
specific section or sections of the proposed regulations that each 
comment addresses and to arrange comments in the same order as the 
proposed regulations.
    All comments submitted in response to these proposed regulations 
will be available for public inspection, during and after the comment 
period, in Suite 600C Portals Building, 1280 Maryland Avenue, SW., 
Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., Eastern 
time, Monday through Friday of each week except Federal holidays.
    On request the Department supplies an appropriate aid, such as a 
reader or print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking docket for these proposed regulations. An individual with a 
disability who wants to schedule an appointment for this type of aid 
may call (202) 205-8113 or (202) 260-9895. An individual who uses a TDD 
may call the Federal Information Relay Service at 1-800-877-8339, 
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.
    To assist the Department in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden, the Secretary invites comments on whether 
there may be further opportunities to reduce any regulatory burdens 
found in these proposed regulations.

Background

    On March 4, 1995 the President announced a Regulatory Reinvention 
Initiative to reform the Federal regulatory system. In response to the 
President's initiative, on August 23, 1996 the Secretary issued an 
Advance Notice of Proposed Rulemaking (ANPRM) to request public comment 
on the changes being considered in the Department' programs to simplify 
regulations and reduce regulatory burden (Regulatory Reinvention, 61 FR 
43639, August 23, 1996). Regulations for the International Education 
Programs in 34 CFR Parts 662 (Higher Education Programs in Modern 
Foreign Language Training and Area Studies--Doctoral Dissertation 
Research Abroad Fellowship Program), 663 (Faculty Research Abroad 
Fellowship Program), and 664 (Group Projects Abroad Program) were 
included in the ANPRM. The Secretary received no comments on changes 
proposed in the ANPRM for the International Education Programs.

Proposed Regulatory Changes

    As part of the President's Regulatory Reinvention Initiative, the 
Department is reviewing and revising the regulations governing the 
Higher Education Programs in Modern Foreign Language Training and Area 
Studies--Doctoral Dissertation Research Abroad Fellowship Program, 
Faculty Research Abroad Fellowship Program, and Group Projects Abroad 
Program. The Secretary is proposing amendments which are needed to 
improve the application review process and to update the regulations in 
light of developments in the field of foreign language, area, and 
international studies, including political developments abroad, 
modifications in the policies and practices of the J. William Fulbright 
Foreign Scholarship Board, and interpretations of regulations. In the 
spirit of reinventing government, the goal of the proposed changes is 
to markedly reduce burden associated with the regulations.
    The proposed regulations would change the names of these programs 
to align them with how they are popularly referred to in the field. 
Additionally, the proposed regulations would make changes in the 
terminology applicable to these programs, remove obsolete references, 
and make changes in the selection criteria. The proposed regulations 
would also reorganize the sections, change the names of several section 
titles, correct errors in the numbering of the sections, and make other 
technical changes to improve the regulations.
    The substantive changes proposed in the regulations are discussed 
with respect to each part. A number of the substantive changes proposed 
would affect each of the parts being amended (34 CFR Parts 662, 663, 
and 664). Therefore, in the discussion of the proposed changes under 
Part 662, it is noted whether the proposed change would be duplicated 
in a corresponding section of Parts 663 or 664.

Part 662

    The name of Part 662 would be changed to Fulbright-Hays Doctoral 
Dissertation Research Abroad Fellowship Program. Throughout Parts 662, 
663, and 664 the ``Board of Foreign Scholarships'' would be changed to 
``J. William Fulbright Foreign Scholarship

[[Page 33767]]

Board'' to reflect the change in the name of the board.
    Proposed Sec. 662.3 would delete current paragraph (a)(3) to 
eliminate persons ``in the United States for other than a temporary 
purpose with the intention of becoming a citizen or permanent 
resident'' as eligible applicants. The proposed change reflects the 
Secretary's decision that to receive a federally funded fellowship, a 
person should demonstrate commitment to the United States, either by 
being a citizen or permanent resident. The proposed change furthers the 
goal of the program to train people who will then serve in the United 
States educational field. The proposed change would also apply to 
Secs. 663.3 and 664.3.
    Proposed Sec. 662.3 would also delete current paragraph (a)(4) 
which states that a resident of the Trust Territory of the Pacific 
Islands is eligible for a fellowship, since these islands are no longer 
a trust territory. The proposed change would also apply to Secs. 663.3 
and 664.3.
    Proposed Sec. 662.7 would revise the list of terms used in this 
part that are defined in 34 CFR Part 77, and it would add 34 CFR Part 
80. Terms that are not used in this part would be deleted.
    Proposed Sec. 662.7(c) would change the definition of 
``dependent''. The proposed regulation would add the requirement that 
the individual being claimed as a dependent must accompany the 
recipient to his or her training site for the entire fellowship period. 
Also, the proposed regulation would narrow the definition of 
``dependent'' to exclude parent(s) of a participant or parents of the 
participant's spouse. Both changes in the definition are grounded in 
the need to conserve limited program funds. By requiring that in order 
to receive a dependent's allowance the dependent be at the training 
site for the entire fellowship period, the Secretary will preclude the 
use of program funds for short term visits. The changes in the 
dependent's definition with regard to parents would bring the program's 
policy toward dependents more in line with similar fellowship programs. 
Additionally, only once in more than 30 years of program administration 
has a dependent's allowance been requested for a parent.
    Proposed Sec. 662.7(c) would eliminate the definition for ``foreign 
currencies'' since all foreign currency accounts previously available 
to the Secretary for operation of this program have been exhausted.
    All of the proposed changes to Sec. 662.7(c) would also apply to 
Sec. 663.7(c).
    Proposed Sec. 662.10 incorporates the language found in current 
Sec. 662.21. Paragraph (c) of current Sec. 662.21 which addresses 
requirements for an applicant who plans to conduct research in the 
former USSR and Eastern European countries was deleted, since changes 
in the research climate in those countries have eliminated the need to 
require an applicant to apply to the International Research and 
Exchange Board. The proposed change would also apply to Sec. 663.10.
    Proposed Sec. 662.20(d) preserves and clarifies the current 
position of the Department relating to veteran's preference. The 
regulation would add language to clarify that if two scores are tied 
and one of the applicants is a veteran, the applicant who is a veteran 
will receive a preference. The proposed change would also apply to 
Sec. 663.20(d).
    Proposed Sec. 662.21 would revise the selection criteria. The 
revised criteria would reflect a greater consistency with criteria used 
in comparable fellowship programs. This would facilitate writing 
fellowship applications for individuals since the applications would be 
similar.
    There would also be a greater emphasis on foreign language 
training. Since these programs were originally intended to enhance the 
foreign language competence of individuals trained in American schools, 
the criteria would be modified to give greater emphasis to having 
acquired a foreign language. Paragraph (c)(3) would add the requirement 
that the applicant be proficient in one or more of the languages of the 
country or countries of research, excluding English and the applicant's 
native language. The proposed language most likely would result in a 
decrease in the number of applications from individuals wishing to 
conduct research in English and would encourage non-native born United 
States citizens or resident aliens to acquire an additional foreign 
language. The Department has experienced a substantial increase in the 
number of applications for conducting research in English.
    The points assigned would be changed to allow the readers greater 
ability to differentiate among the applications. The proposed changes 
in points assigned are reflected in Sec. 662.21(a), (b), and (c). Due 
to the extremely high caliber of applications, there is frequently a 
clustering of high scores. The proposed point structure would allow 
readers a broader range in which to assign points. Under current 
Sec. 662.21 points are assigned in a narrow range and a multiplication 
factor is applied, which results in significant clustering of like 
applications.
    The Department has consulted with various experts in language and 
area studies as well as administrators of fellowship programs in 
developing the proposed revisions to the selection criteria. Their 
comments and feedback have been incorporated into these proposed 
changes.
    The proposed changes to Sec. 662.21 would also apply to 
Sec. 663.21.
    Proposed Sec. 662.22 incorporates the language from current 
Sec. 662.33 and would add a new paragraph (b) to prevent an applicant 
from receiving more than one fellowship under the Fulbright-Hays Act in 
a given fiscal year. The provision would prevent an applicant from 
receiving a fellowship from the Department and United States 
Information Agency (USIA) within the same fiscal year. The proposed 
change would ensure that limited funds appropriated to the agencies 
have a broader impact and are not used duplicatively. The proposal 
reflects the current policy statements of the Foreign Scholarship 
Board.
    Similar to proposed Sec. 662.10, proposed Sec. 662.22 would 
eliminate language from current Sec. 662.33(a)(2) which addresses 
requirements for an applicant who plans to conduct research in the USSR 
and Eastern European countries. Changes in the research climate in 
those countries have eliminated the need to require an applicant to 
apply to the International Research and Exchange Board. The proposed 
change would also apply to Sec. 663.22.

Part 663

    The name of Part 663 would be changed to Fulbright-Hays Faculty 
Research Abroad Fellowship Program.
    Section 663.3 outlines who is eligible to receive a fellowship 
under this program. Current Sec. 663.3(d)(1) and (2) would be deleted 
from the proposed regulations because they are part of the selection 
criteria and should not be considered under eligibility.

Part 664

    The name of Part 664 would be changed to Fulbright-Hays Group 
Projects Abroad Program.
    Proposed Sec. 664.5 would revise the list of terms used in this 
part that are defined in EDGAR, 34 CFR Part 77. Terms that are not used 
in this part would be deleted.
    Sections 664.11, 664.12, and 664.13 propose changes in the length 
of the projects, allowing for shorter project periods. The changes are 
proposed to allow applicants greater flexibility in carrying out their 
projects. The current provisions encouraged longer periods in

[[Page 33768]]

the field, even when they were not necessary for the successful 
accomplishment of the project goals. Proposed Sec. 664.11 would change 
the length of a short term project from six weeks under current 
regulations, to from four to six weeks. Proposed Sec. 664.12 would 
change the length of a curriculum development project from six to eight 
weeks under current regulations, to four to eight weeks. Proposed 
Sec. 664.13 would change the length of a group research project from 
two to twelve months under current regulations, to three to twelve 
months.
    In order to be consistent with Parts 662 and 663, proposed 
Sec. 664.30 would add a new paragraph (d) which establishes that the 
Secretary will consider for funding only projects that an applicant 
proposes to carry out in a country in which the United States has 
diplomatic representation.
    Proposed Sec. 664.31(a)(2)(v) and (b)(4) which address the 
inclusion of underrepresented groups in the selection criteria for 
applications would be revised to be consistent with the Education 
Department General Administrative Regulations (EDGAR) 
(Sec. 75.210(c)(5) and (d)(1)(iv)). The proposed language would require 
the applicant to ensure that participants in the Fulbright-Hays Group 
Projects and its personnel selected for employment are selected without 
regard to race, color, national origin, gender, age, or handicapping 
condition.
    Proposed Sec. 664.33(b)(1) would allow for greater flexibility in 
establishing annual per diem rates, consistent with the cost of living 
in overseas areas. Current regulations require a maintenance stipend to 
be based on 50 percent of the amount established in the U.S. Department 
of the State publication ``Maximum Travel Per Diem Allowances for 
Foreign Areas''. Proposed Sec. 664.33(b)(1) would eliminate the 50 
percent limitation which would permit an upwards or a downwards 
adjustment based on the cost of living in the host country.

Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. The Secretary invites comments on how to 
make these proposed regulations easier to understand, including answers 
to questions such as the following: (1) Are the requirements in the 
proposed regulations clearly stated? (2) Do the proposed regulations 
contain technical terms or other wording that interferes with their 
clarity? (3) Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity? Would the proposed regulations be easier to understand 
if they were divided into more (but shorter) sections? (A ``section'' 
is preceded by the symbol ``Sec. '' and a numbered heading; for 
example, Sec. 662.1 What is the Fulbright-Hays Doctoral Dissertation 
Research Abroad Fellowship Program?). (4) Is the description of the 
proposed regulations in the ``Supplementary Information'' section of 
this preamble helpful in understanding the proposed regulations? How 
could this description be more helpful in making the proposed 
regulations easier to understand? (5) What else could the Department do 
to make the proposed regulations easier to understand?
    A copy of any comments that concern how the Department could make 
these proposed regulations easier to understand should be sent to 
Stanley M. Cohen, Regulations Quality Officer, U.S. Department of 
Education, 600 Independence Avenue, SW. (room 5121, FB-10B), 
Washington, DC 20202-2241.

Regulatory Flexibility Act Certification

    The Secretary certifies that these proposed regulations would not 
have a significant economic impact on a substantial number of small 
entities. The small entities affected would be small institutions of 
higher education. The proposed regulations would not have a significant 
economic impact on any of the entities participating in the programs 
because the regulations impose minimal application and administrative 
costs necessary to protect Federal funds.

Paperwork Reduction Act of 1995

    Sections 662.21, 663.21, and 664.31 contain information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the Department of Education has submitted a copy of 
these sections to the Office of Management and Budget (OMB) for its 
review.
    Collection of Information: Application for Grants under the 
Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program 
(Part 662), Fulbright-Hays Faculty Research Abroad Fellowship Program 
(Part 663).
    Under the Fulbright-Hays Doctoral Dissertation Research Abroad 
(DDRA) and Faculty Research Abroad (FRA) Programs, individual scholars 
and eligible institutions apply simultaneously for benefits under a 
single grant. Individual scholars apply for fellowships; however grants 
are made to the successful scholars' institutions. Respondents include 
individuals and institutions of higher education. The data requested 
are used in determining the academic qualifications and suitability of 
the individual applicant, potential political sensitivity and 
feasibility of the project in terms of the host country reaction, 
research climate, and adequacy of the proposed budget.
    The data requested are the minimum necessary to administer the 
grant in compliance with program regulations. The annual reporting and 
record keeping burden for: (1) student respondents is estimated to 
average 30 hours for each response for 600 respondents, totaling 18,000 
burden hours; (2) faculty respondents is estimated to average 8 hours 
for each response for 70 respondents, totaling 560 burden hours; (3) 
project directors is estimated to average 15 hours for each response 
for 130 respondents, totaling 1,950 burden hours. Thus, the total 
annual reporting and record keeping burden for this collection is 
estimated to be 20,510 hours.

Fulbright-Hays Group Projects Abroad Program (Part 664)

    Under these proposed regulations, institutions of higher education, 
State departments of education, and private nonprofit organizations are 
eligible to apply for grants to conduct educational projects abroad. 
Teachers, undergraduate and graduate students, and faculty are selected 
by grantees to participate in these projects. The proposed regulations 
will be used to obtain the programmatic and budgetary information 
needed to evaluate applications and make funding decisions. The data 
requested are used in determining the need and academic worth of 
specific projects, political sensitivity and feasibility in terms of 
host country reaction, and adequacy of the proposed budget.
    Advanced intensive language projects, which apply every three 
years, do not have to submit full-blown proposals each year, only in 
the initial year for multi-year projects. The annual reporting and 
record keeping burden for this collection of information is estimated 
to average 100 hours for each response for 95 respondents, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Thus, the total annual reporting and 
record keeping burden for this collection is estimated to be 9,500 
hours.
    Under the Paperwork Reduction Act of 1995, no persons are required 
to respond to a collection of information unless it displays a valid 
OMB control

[[Page 33769]]

number. The valid OMB control numbers assigned to the collection of 
information in these regulations will be displayed at the end of the 
affected sections of the final regulations.
    Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, OMB, room 10235, New Executive 
Office Building, Washington, DC 20503; Attention: Desk Officer for U.S. 
Department of Education.
    The Department considers comments by the public on these proposed 
collections of information in--
    * Evaluating whether the proposed collections of information
are necessary for the proper performance of the functions of the 
Department, including whether the information will have practical use;
    * Evaluating the accuracy of the Department's estimate of
the burden of the proposed collections of information, including the 
validity of the methodology and assumptions used;
    * Enhancing the quality, usefulness, and clarity of the
information to be collected; and
    * Minimizing the burden of the collection of information on
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology; e.g., permitting 
electronic submission of responses.
    OMB is required to make a decision concerning the collections of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment to the Department on the 
proposed regulations.

Intergovernmental Review

    These programs are not subject to the requirements of Executive 
Order 12372 and the regulations in 34 CFR part 79.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether the 
proposed regulations in this document would require transmission of 
information that is being gathered by or is available from any other 
agency or authority of the United States.

Electronic Access to This Document

    Anyone may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or 
portable document format (pdf) on the World Wide Web at either of the 
following sites:

http://gcs.ed.gov/fedreg.htm
http://www.ed.gov/news.html

    To use the pdf you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the pdf, call the U.S. Government Printing 
Office toll free at 1-888-293-6498.
    Anyone may also view these documents in text copy only on an 
electronic bulletin board of the Department. Telephone: (202) 219-1511 
or, toll free, 1-800-222-4922. The documents are located under Option 
G--Files/Announcements, Bulletins and Press Releases.

    Note: The official version of this document is the document 
published in the Federal Register.

List of Subjects

34 CFR parts 662 and 663

    Colleges and universities, Education, Educational research, 
Educational study programs, Reporting and recordkeeping requirements, 
Scholarships and fellowships.

34 CFR part 664

    Colleges and universities, Education, Educational study programs, 
Reporting and recordkeeping requirements, Teachers.

(Catalog of Federal Domestic Assistance Numbers: 84.022 Fulbright-
Hays Doctoral Dissertation Research Abroad Fellowship Program; 
84.019 Fulbright-Hays Faculty Research Abroad Fellowship Program; 
and 84.021 Fulbright-Hays Group Projects Abroad Program)

    Dated: June 15, 1998.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.

    The Secretary proposes to amend Title 34 of the Code of Federal 
Regulations by revising Parts 662, 663, and 664 to read as follows:

PART 662--FULBRIGHT-HAYS DOCTORAL DISSERTATION RESEARCH ABROAD 
FELLOWSHIP PROGRAM

Subpart A--General

Sec.
662.1  What is the Fulbright-Hays Doctoral Dissertation Research 
Abroad Fellowship Program?
662.2  Who is eligible to receive an institutional grant under this 
program?
662.3  Who is eligible to receive a fellowship under this program?
662.4  What is the amount of a fellowship?
662.5  What is the duration of a fellowship?
662.6  What regulations apply to this program?
662.7  What definitions apply to this program?

Subpart B--Applications

662.10  How does an individual apply for a fellowship?
662.11  What is the role of the institution in the application 
process?

Subpart C--Selection of Fellows

662.20  How is a Fulbright-Hays Doctoral Dissertation Research 
Abroad Fellow selected?
662.21  What criteria does the Secretary use to evaluate an 
application for a fellowship?
662.22  How does the J. William Fulbright Foreign Scholarship Board 
select fellows?

Subpart D--Post-award Requirements for Institutions

662.30  What are an institution's responsibilities after the award 
of a grant?

Subpart E--Post-award Requirements for Fellows

662.41  What are a fellow's responsibilities after the award of a 
fellowship?
662.42  How may a fellowship be revoked?

    Authority: Section 102(b)(6) of the Mutual Educational and 
Cultural Exchange Act of 1961 (Fulbright-Hays Act), 22 U.S.C. 
2452(b)(6), unless otherwise noted.

Subpart A--General


Sec. 662.1  What is the Fulbright-Hays Doctoral Dissertation Research 
Abroad Fellowship Program?

    (a) The Fulbright-Hays Doctoral Dissertation Research Abroad 
Fellowship Program is designed to contribute to the development and 
improvement of the study of modern foreign languages and area studies 
in the United States by providing opportunities for scholars to conduct 
research abroad.
    (b) Under the program, the Secretary awards fellowships, through 
institutions of higher education, to doctoral candidates who propose to 
conduct dissertation research abroad in modern foreign languages and 
area studies.


[[Page 33770]]


(Authority: 22 U.S.C. 2452(b)(6))


Sec. 662.2  Who is eligible to receive an institutional grant under 
this program?

    An institution of higher education is eligible to receive an 
institutional grant.

(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))


Sec. 662.3  Who is eligible to receive a fellowship under this program?

    An individual is eligible to receive a fellowship if the 
individual--
    (a)(1) Is a citizen or national of the United States; or
    (2) Is a permanent resident of the United States;
    (b)(1) Is a graduate student in good standing at an institution of 
higher education; and
    (2) When the fellowship period begins, is admitted to candidacy in 
a doctoral degree program in modern foreign languages and area studies 
at that institution;
    (c) Is planning a teaching career in the United States upon 
completion of his or her doctoral program; and
    (d) Possesses sufficient foreign language skills to carry out the 
dissertation research project.

(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))


Sec. 662.4  What is the amount of a fellowship?

    (a) The Secretary pays--
    (1) Travel expenses to and from the residence of the fellow and the 
country or countries of research;
    (2) A maintenance stipend for the fellow and his or her dependents 
related to cost of living in the host country or countries;
    (3) An allowance for research-related expenses overseas, such as 
books, copying, tuition and affiliation fees, local travel, and other 
incidental expenses; and
    (4) Health and accident insurance premiums.
    (b) In addition, the Secretary may pay--
    (1) Emergency medical expenses not covered by health and accident 
insurance; and
    (2) The costs of preparing and transporting a fellow or dependent 
who dies during the term of the fellowship to his or her former home.
    (c) The Secretary announces the amount of benefits expected to be 
available in an application notice published in the Federal Register.

(Authority: 22 U.S.C. 2452(b)(6), and 2454(e)(1) and (2))


Sec. 662.5  What is the duration of a fellowship?

    (a) A fellowship is for a period of not fewer than six nor more 
than twelve months.
    (b) A fellowship may not be renewed.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 662.6  What regulations apply to this program?

    The following regulations apply to this program:
    (a) The regulations in this part 662; and
    (b) The Education Department General Administrative Regulations 
(EDGAR) (34 CFR Parts 74, 75, 77, and 81).

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 662.7  What definitions apply to this program?

    (a) Definitions of the following terms as used in this part are 
contained in 34 CFR Parts 77 and 80:

Applicant
Application
Award
EDGAR
Fiscal year
Grant
Secretary

    (b) The definition of institution of higher education as used in 
this part is contained in 34 CFR 600.4.
    (c) The following definitions of other terms used in this part 
apply to this program:
    Area studies means a program of comprehensive study of the aspects 
of a society or societies, including the study of their geography, 
history, culture, economy, politics, international relations, and 
languages.
    Binational commission means an educational and cultural commission 
established, through an agreement between the United States and either 
a foreign government or an international organization, to carry out 
functions in connection with the program covered by this part.
    Dependent means any of the following individuals who accompany the 
recipient of a fellowship under this program to his or her training 
site for the entire fellowship period if the individual receives more 
than 50 percent of his or her support from the recipient during the 
fellowship period:
    (1) The recipient's spouse.
    (2) The recipient's or spouse's children who are unmarried and 
under age 21.
    J. William Fulbright Foreign Scholarship Board means the 
presidentially-appointed board that is responsible for supervision of 
the program covered by this part.

(Authority: 22 U.S.C. 2452(b)(6), 2456)

Subpart B--Applications


Sec. 662.10  How does an individual apply for a fellowship?

    (a) An individual applies for a fellowship by submitting an 
application to the Secretary through the institution of higher 
education in which the individual is enrolled.
    (b) The applicant shall provide sufficient information concerning 
his or her personal and academic background and proposed research 
project to enable the Secretary to determine whether the applicant--
    (1) Is eligible to receive a fellowship under Sec. 662.3; and
    (2) Should be selected to receive a fellowship under subparts C and 
D of this part.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 662.11  What is the role of the institution in the application 
process?

    An institution of higher education that participates in this 
program is responsible for--
    (a) Making fellowship application materials available to its 
students;
    (b) Accepting and screening applications in accordance with its own 
technical and academic criteria; and
    (c) Forwarding screened applications to the Secretary and 
requesting an institutional grant.

(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

Subpart C--Selection of Fellows


Sec. 662.20  How is a Fulbright-Hays Doctoral Dissertation Research 
Abroad Fellow selected?

    (a) The Secretary considers applications for fellowships under this 
program that have been screened and submitted by eligible institutions. 
The Secretary evaluates these applications on the basis of the criteria 
in Sec. 662.21.
    (b) The Secretary does not consider applications to carry out 
research in a country in which the United States has no diplomatic 
representation.
    (c) In evaluating applications, the Secretary obtains the advice of 
panels of United States academic specialists in modern foreign 
languages and area studies.
    (d) The Secretary gives preference to applicants who have served in 
the armed services of the United States if their applications are 
equivalent to those of other applicants on the basis of the criteria in 
Sec. 662.21.
    (e) The Secretary considers information on budget, political 
sensitivity, and feasibility from binational commissions or United 
States diplomatic missions, or both, in the proposed country or 
countries of research.

[[Page 33771]]

    (f) The Secretary presents recommendations for recipients of 
fellowships to the J. William Fulbright Foreign Scholarship Board, 
which reviews the recommendations and approves recipients.

(Authority: 22 U.S.C. 2452(b)(6), 2456)


Sec. 662.21  What criteria does the Secretary use to evaluate an 
application for a fellowship?

    (a)(1) The Secretary uses the criteria in this section to evaluate 
an application for a fellowship.
    (2) The maximum score for all of the criteria is 100 points. 
However, if priority criteria described in paragraph (c) of this 
section are used, the maximum score is 110 points.
    (3) The maximum score for each criterion is shown in parentheses 
with the criterion.
    (b) Quality of proposed project. (60 points) The Secretary reviews 
each application to determine the quality of the research project 
proposed by the applicant. The Secretary considers--
    (1) The statement of the major hypotheses to be tested or questions 
to be examined, and the description and justification of the research 
methods to be used;
    (2) The relationship of the research to the literature on the topic 
and to major theoretical issues in the field, and the project's 
originality and importance in terms of the concerns of the discipline;
    (3) The preliminary research already completed in the United States 
and overseas or plans for such research prior to going overseas, and 
the kinds, quality and availability of data for the research in the 
host country or countries;
    (4) The justification for overseas field research and preparations 
to establish appropriate and sufficient research contacts and 
affiliations abroad;
    (5) The applicant's plans to share the results of the research in 
progress and a copy of the dissertation with scholars and officials of 
the host country or countries; and
    (6) The guidance and supervision of the dissertation advisor or 
committee at all stages of the project, including guidance in 
developing the project, understanding research conditions abroad, and 
acquainting the applicant with research in the field.
    (c) Qualifications of the applicant. (40 points) The Secretary 
reviews each application to determine the qualifications of the 
applicant. The Secretary considers--
    (1) The overall strength of the applicant's graduate academic 
record; (10)
    (2) The extent to which the applicant's academic record 
demonstrates a strength in area studies relevant to the proposed 
project; (10)
    (3) The applicant's proficiency in one or more of the languages 
(other than English and the applicant's native language) of the country 
or countries of research, and the specific measures to be taken to 
overcome any anticipated language barriers; (15) and
    (4) The applicant's ability to conduct research in a foreign 
cultural context, as evidenced by the applicant's references or 
previous overseas experience, or both. (5)
    (d) Priorities. (10 points) (1) The Secretary determines the extent 
to which the application responds to any priority that the Secretary 
establishes for the selection of fellows in any fiscal year. The 
Secretary announces any priorities in an application notice published 
in the Federal Register.
    (2) Priorities may relate to certain world areas, countries, 
academic disciplines, languages, topics, or combinations of any of 
these categories. For example, the Secretary may establish a priority 
for--
    (i) A specific geographic area or country, such as the Caribbean or 
Poland;
    (ii) An academic discipline, such as economics or political 
science;
    (iii) A language, such as Tajik or Indonesian; or
    (iv) A topic, such as public health issues or the environment.

(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(2))


Sec. 662.22  How does the J. William Fulbright Foreign Scholarship 
Board select fellows?

    (a) The J. William Fulbright Foreign Scholarship Board selects 
fellows on the basis of the Secretary's recommendations and the 
information described in Sec. 662.20(e) from binational commissions or 
United States diplomatic missions.
    (b) No applicant for a fellowship may be awarded more than one 
graduate fellowship under the Fulbright-Hays Act from appropriations 
for a given fiscal year.

(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(1))

Subpart D--Post-award Requirements for Institutions


Sec. 662.30  What are an institution's responsibilities after the award 
of a grant?

    (a) An institution to which the Secretary awards a grant under this 
part is responsible for administering the grant in accordance with the 
regulations described in Sec. 662.6.
    (b) The institution is responsible for processing individual 
applications for fellowships in accordance with procedures described in 
Sec. 662.11.
    (c) The institution is responsible for disbursing funds in 
accordance with procedures described in Sec. 662.4.
    (d) The Secretary awards the institution an administrative 
allowance of $100 for each fellowship listed in the grant award 
document.

(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

Subpart E--Post-award Requirements for Fellows


Sec. 662.41  What are a fellow's responsibilities after the award of a 
fellowship?

    As a condition of retaining a fellowship, a fellow shall--
    (a) Maintain satisfactory progress in the conduct of his or her 
research;
    (b) Devote full time to research on the approved topic;
    (c) Not engage in unauthorized income-producing activities during 
the period of the fellowship; and
    (d) Remain a student in good standing with the grantee institution 
during the period of the fellowship.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 662.42  How may a fellowship be revoked?

    (a) The fellowship may be revoked only by the J. William Fulbright 
Foreign Scholarship Board upon the recommendation of the Secretary.
    (b) The Secretary may recommend a revocation of a fellowship on the 
basis of--
    (1) The fellow's failure to meet any of the conditions in 
Sec. 662.41; or
    (2) Any violation of the standards of conduct adopted by the J. 
William Fulbright Foreign Scholarship Board.

(Authority: 22 U.S.C. 2452(b)(6), 2456, Policy Statements of the J. 
William Fulbright Foreign Scholarship Board, 1990)

PART 663--FULBRIGHT-HAYS FACULTY RESEARCH ABROAD FELLOWSHIP PROGRAM

Subpart A--General

Sec.
663.1  What is the Fulbright-Hays Faculty Research Abroad Fellowship 
Program?
663.2  Who is eligible to receive an institutional grant under this 
program?
663.3  Who is eligible to receive a fellowship under this program?
663.4  What is the amount of a fellowship?
663.5  What is the duration of a fellowship?
663.6  What regulations apply to this program?
663.7  What definitions apply to this program?

Subpart B--Applications

663.10  How does an individual apply for a fellowship?
663.11  What is the role of the institution in the application 
process?

[[Page 33772]]

Subpart C--Selection of Fellows

663.20  How is a Fulbright-Hays Faculty Research Abroad Fellow 
selected?
663.21  What criteria does the Secretary use to evaluate an 
application for a fellowship?
663.22  How does the J. William Fulbright Foreign Scholarship Board 
select fellows?

Subpart D--Post-award Requirements for Institutions

663.30  What are an institution's responsibilities after the award 
of a grant?

Subpart E--Post-award Requirements for Fellows

663.41  What are a fellow's responsibilities after the award of a 
fellowship?
663.42  How may a fellowship be revoked?

    Authority: Sec. 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 (Fulbright-Hays Act), 22 U.S.C. 2452(b)(6), 
unless otherwise noted.

Subpart A--General


Sec. 663.1 What is the Fulbright-Hays Faculty Research Abroad 
Fellowship Program?

    (a) The Fulbright-Hays Faculty Research Abroad Program is designed 
to contribute to the development and improvement of modern foreign 
language and area studies in the United States by providing 
opportunities for scholars to conduct research abroad.
    (b) Under the program, the Secretary awards fellowships, through 
institutions of higher education, to faculty members who propose to 
conduct research abroad in modern foreign languages and area studies to 
improve their skill in languages and knowledge of the culture of the 
people of these countries.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 663.2  Who is eligible to receive an institutional grant under 
this program?

    An institution of higher education is eligible to receive an 
institutional grant.

(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))


Sec. 663.3  Who is eligible to receive a fellowship under this program?

    An individual is eligible to receive a fellowship if the 
individual--
    (a)(1) Is a citizen or national of the United States; or
    (2) Is a permanent resident of the United States;
    (b) Is employed by an institution of higher education;
    (c) Has been engaged in teaching relevant to his or her foreign 
language or area studies specialization for the two years immediately 
preceding the date of the award;
    (d) Proposes research relevant to his or her modern foreign 
language or area specialization which is not dissertation research for 
a doctoral degree; and
    (e) Possesses sufficient foreign language skills to carry out the 
research project.

(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))


Sec. 663.4  What is the amount of a fellowship?

    (a) The Secretary pays--
    (1) Travel expenses to and from the residence of the fellow and the 
country or countries of research;
    (2) A maintenance stipend for the fellow related to his or her 
academic year salary; and
    (3) An allowance for research-related expenses overseas, such as 
books, copying, tuition and affiliation fees, local travel, and other 
incidental expenses.
    (b) The Secretary may pay--
    (1) Emergency medical expenses not covered by the faculty member's 
health and accident insurance; and
    (2) The costs of preparing and transporting a fellow or dependent 
who dies during the term of the fellowship to his or her former home.
    (c) The Secretary announces the amount of benefits expected to be 
available in an application notice published in the Federal Register.

(Authority: 22 U.S.C. 2452(b)(6), and 2454(e)(1) and (2))


Sec. 663.5  What is the duration of a fellowship?

    (a) A fellowship is for a period of not fewer than three nor more 
than twelve months.
    (b) A fellowship may not be renewed.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 663.6  What regulations apply to this program?

    The following regulations apply to this program:
    (a) The regulations in this part 663; and
    (b) The Education Department General Administrative Regulations 
(EDGAR) (34 CFR Parts 74, 75, 77, and 81).

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 663.7  What definitions apply to this program?

    (a) Definitions of the following terms as used in this part are 
contained in 34 CFR Parts 77 and 80:

Applicant
Application
Award
EDGAR
Fiscal year
Grant
Secretary

    (b) The definition of institution of higher education as used in 
this part is contained in 34 CFR 600.4.
    (c) The following definitions of other terms used in this part 
apply to this program:
    Area studies means a program of comprehensive study of the aspects 
of a society or societies, including the study of their geography, 
history, culture, economy, politics, international relations, and 
languages.
    Binational commission means an educational and cultural commission 
established, through an agreement between the United States and either 
a foreign government or an international organization, to carry out 
functions in connection with the program covered by this part.
    Dependent means any of the following individuals who accompany the 
recipient of a fellowship under this program to his or her training 
site for the entire fellowship period if the individual receives more 
than 50 percent of his or her support from the recipient during the 
fellowship period:
    (1) The recipient's spouse.
    (2) The recipient's or spouse's children who are unmarried and 
under age 21.
    J. William Fulbright Foreign Scholarship Board means the 
presidentially-appointed board that is responsible for supervision of 
the program covered by this part.

(Authority: 22 U.S.C. 2452(b)(6), 2456)

Subpart B--Applications


Sec. 663.10  How does an individual apply for a fellowship?

    (a) An individual applies for a fellowship by submitting an 
application to the Secretary through the institution of higher 
education at which the individual is employed.
    (b) The applicant shall provide sufficient information concerning 
his or her personal and academic background and proposed research 
project to enable the Secretary to determine whether the applicant--
    (1) Is eligible to receive a fellowship under Sec. 663.3; and
    (2) Should be selected to receive a fellowship under subparts C and 
D of this part.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 663.11  What is the role of the institution in the application 
process?

    An institution of higher education that participates in this 
program is responsible for--
    (a) Making fellowship application materials available to its 
faculty;

[[Page 33773]]

    (b) Accepting and screening applications in accordance with its own 
technical and academic criteria; and
    (c) Forwarding screened applications to the Secretary through a 
request for an institutional grant.

(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

Subpart C--Selection of Fellows


Sec. 663.20  How is a Fulbright-Hays Faculty Research Abroad Fellow 
selected?

    (a) The Secretary considers applications for fellowships under this 
program that have been screened and submitted by eligible institutions. 
The Secretary evaluates these applications on the basis of the criteria 
in Sec. 663.21.
    (b) The Secretary does not consider applications to carry out 
research in a country in which the United States has no diplomatic 
representation.
    (c) In evaluating applications, the Secretary obtains the advice of 
panels of United States academic specialists in modern foreign 
languages and area studies.
    (d) The Secretary gives preference to applicants who have served in 
the armed services of the United States if their applications are 
equivalent to those of other applicants on the basis of the criteria in 
Sec. 663.21.
    (e) The Secretary considers information on budget, political 
sensitivity, and feasibility from binational commissions or United 
States diplomatic missions, or both, in the proposed country or 
countries of research.
    (f) The Secretary presents recommendations for recipients of 
fellowships to the J. William Fulbright Foreign Scholarship Board, 
which reviews the recommendations and approves recipients.

(Authority: 22 U.S.C. 2452(b)(6), 2456)


Sec. 663.21  What criteria does the Secretary use to evaluate an 
application for a fellowship?

    (a)(1) The Secretary uses the criteria in this section to evaluate 
an application for a fellowship.
    (2) The maximum score for all of the criteria is 100 points. 
However, if priority criteria described in paragraph (c) of this 
section are used, the maximum score is 110 points.
    (3) The maximum score for each criterion is shown in parentheses 
with the criterion.
    (b) Quality of proposed project. (60 points) The Secretary reviews 
each application to determine the quality of the research project 
proposed by the applicant. The Secretary considers--
    (1) The statement of the major hypotheses to be tested or questions 
to be examined, and the description and justification of the research 
methods to be used;
    (2) The relationship of the research to the literature on the topic 
and to major theoretical issues in the field, and the project's 
importance in terms of the concerns of the discipline;
    (3) The preliminary research already completed or plans for 
research prior to going overseas, and the kinds, quality and 
availability of data for the research in the host country or countries;
    (4) The justification for overseas field research, and preparations 
to establish appropriate and sufficient research contacts and 
affiliations abroad;
    (5) The applicant's plans to share the results of the research in 
progress with scholars and officials of the host country or countries 
and the American scholarly community; and
    (6) The objectives of the project regarding the sponsoring 
institution's plans for developing or strengthening, or both, curricula 
in modern foreign languages and area studies.
    (c) Qualifications of the applicant. (40 points) The Secretary 
reviews each application to determine the qualifications of the 
applicant. The Secretary considers--
    (1) The overall strength of applicant's academic record (teaching, 
research, contributions, professional association activities); (10)
    (2) The applicant's excellence as a teacher or researcher, or both, 
in his or her area or areas of specialization; (10)
    (3) The applicant's proficiency in one or more of the languages 
(other than English and the applicant's native language), of the 
country or countries of research, and the specific measures to be taken 
to overcome any anticipated language barriers; (15) and
    (4) The applicant's ability to conduct research in a foreign 
cultural context, as evidenced by the applicant's previous overseas 
experience, or documentation provided by the sponsoring institution, or 
both. (5)
    (d) Priorities. (10 points) (1) The Secretary determines the extent 
to which the application responds to any priority that the Secretary 
establishes for the selection of fellows in any fiscal year. The 
Secretary announces any priorities in an application notice published 
in the Federal Register.
    (2) Priorities may relate to certain world areas, countries, 
academic disciplines, languages, topics, or combinations of any of 
these categories. For example, the Secretary may establish a priority 
for--
    (i) A specific geographic area or country, such as East Asia or 
Latvia;
    (ii) An academic discipline, such as history or political science;
    (iii) A language, such as Hausa or Telegu; or
    (iv) A topic, such as religious fundamentalism or migration.

(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(2))


Sec. 663.22  How does the J. William Fulbright Foreign Scholarship 
Board select fellows?

    The J. William Fulbright Foreign Scholarship Board selects fellows 
on the basis of the Secretary's recommendations and the information 
described in Sec. 663.20(e) from binational commissions or United 
States diplomatic missions.

(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(1))

Subpart D--Post-award Requirements for Institutions


Sec. 663.30  What are an institution's responsibilities after the award 
of a grant?

    (a) An institution to which the Secretary awards a grant under this 
part is responsible for administering the grant in accordance with the 
regulations described in Sec. 663.6.
    (b) The institution is responsible for processing individual 
applications for fellowships in accordance with procedures described in 
Sec. 663.11.
    (c) The institution is responsible for disbursing funds in 
accordance with procedures described in Sec. 663.4.
    (d) The Secretary awards the institution an administrative 
allowance of $100 for each fellowship listed in the grant award 
document.

(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

Subpart E--Post-award Requirements for Fellows


Sec. 663.41  What are a fellow's responsibilities after the award of a 
fellowship?

    As a condition of retaining a fellowship, a fellow shall--
    (a) Maintain satisfactory progress in the conduct of his or her 
research;
    (b) Devote full time to research on the approved topic;
    (c) Not engage in unauthorized income-producing activities during 
the period of the fellowship; and
    (d) Remain employed by the grantee institution during the period of 
the fellowship.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 663.42  How may a fellowship be revoked?

    (a) The fellowship may be revoked only by the J. William Fulbright 
Foreign Scholarship Board upon the recommendation of the Secretary.

[[Page 33774]]

    (b) The Secretary may recommend a revocation of a fellowship on the 
basis of--
    (1) The fellow's failure to meet any of the conditions in 
Sec. 663.41; or
    (2) Any violation of the standards of conduct adopted by the J. 
William Fulbright Foreign Scholarship Board.

(Authority: 22 U.S.C. 2452(b)(6), 2456, Policy Statements of the J. 
William Fulbright Foreign Scholarship Board, 1990)

PART 664--FULBRIGHT-HAYS GROUP PROJECTS ABROAD PROGRAM

Subpart A--General

Sec.
664.1  What is the Fulbright-Hays Group Projects Abroad Program?
664.2  Who is eligible to apply for assistance under the Fulbright-
Hays Group Projects Abroad Program?
664.3  Who is eligible to participate in projects funded under the 
Fulbright-Hays Group Projects Abroad Program?
664.4  What regulations apply to the Fulbright-Hays Group Projects 
Abroad Program?
664.5  What definitions apply to the Fulbright-Hays Group Projects 
Abroad Program?

Subpart B--What Kinds of Projects Does the Secretary Assist Under This 
Program?

664.10  What kinds of projects does the Secretary assist?
664.11  What is a short-term seminar project?
664.12  What is a curriculum development project?
664.13  What is a group research or study project?
664.14  What is an advanced overseas intensive language training 
project?

Subpart C--How Does the Secretary Make a Grant?

664.30  How does the Secretary evaluate an application?
664.31  What selection criteria does the Secretary use?
664.32  What priorities may the Secretary establish?
664.33  What costs does the Secretary pay?

Subpart D--What Conditions Must Be Met by a Grantee?

664.40  Can participation in a Fulbright-Hays Group Projects Abroad 
be terminated?

    Authority: 22 U.S.C. 2452(b)(6), unless otherwise noted.

Subpart A--General


Sec. 664.1   What is the Fulbright-Hays Group Projects Abroad Program?

    (a) The Fulbright-Hays Group Projects Abroad Program is designed to 
contribute to the development and improvement of the study of modern 
foreign languages and area studies in the United States by providing 
opportunities for teachers, students, and faculty to study in foreign 
countries.
    (b) Under the program, the Secretary awards grants to eligible 
institutions, departments, and organizations to conduct overseas group 
projects in research, training, and curriculum development.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 664.2   Who is eligible to apply for assistance under the 
Fulbright-Hays Group Projects Abroad Program?

    The following are eligible to apply for assistance under this part:
    (a) Institutions of higher education;
    (b) State departments of education;
    (c) Private non-profit educational organizations; and
    (d) Consortia of institutions, departments, and organizations 
described in paragraphs (a), (b), or (c) of this section.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 664.3   Who is eligible to participate in projects funded under 
the Fulbright-Hays Group Projects Abroad Program?

    An individual is eligible to participate in a Fulbright-Hays Group 
Projects Abroad, if the individual--
    (a)(1) Is a citizen or national of the United States; or
    (2) Is a permanent resident of the United States; and
    (b)(1) Is a faculty member who teaches modern foreign languages or 
area studies in an institution of higher education;
    (2) Is a teacher in an elementary or secondary school;
    (3) Is an experienced education administrator responsible for 
planning, conducting, or supervising programs in modern foreign 
languages or area studies at the elementary, secondary, or 
postsecondary level; or
    (4) Is a graduate student, or a junior or senior in an institution 
of higher education, who plans a teaching career in modern foreign 
languages or area studies.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 664.4   What regulations apply to the Fulbright-Hays Group 
Projects Abroad Program?

    The following regulations apply to this program:
    (a) The regulations in this part 664; and
    (b) The Education Department General Administrative Regulations 
(EDGAR) (34 CFR Parts 74, 75, 77, and 81).

(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1), 2456(a)(2))


Sec. 664.5   What definitions apply to the Fulbright-Hays Group 
Projects Abroad Program?

    (a) Definitions in EDGAR. The following terms used in this part are 
defined in 34 CFR Part 77:

Applicant
Application
Award
EDGAR
Equipment
Facilities
Grant
Grantee
Nonprofit
Project
Private
Public
Secretary
State
State educational agency
Supplies

(Authority: 22 U.S.C. 2452(b)(6))

    (b) Definitions that apply to this program: The following 
definitions apply to the Fulbright-Hays Group Projects Abroad Program:
    Area studies means a program of comprehensive study of the aspects 
of a society or societies, including the study of their geography, 
history, culture, economy, politics, international relations, and 
languages.
    Binational commission means an educational and cultural commission 
established, through an agreement between the United States and either 
a foreign government or an international organization, to carry out 
functions in connection with the program covered by this part.
    Institution of higher education means an educational institution in 
any State which--
    (1) Admits as regular students only persons having a certificate of 
graduation from a school providing secondary education, or the 
recognized equivalent of such a certificate;
    (2) Is legally authorized within such State to provide a program of 
education beyond secondary education;
    (3) Provides an educational program for which it awards a 
bachelor's degree or provides not less than a two-year program which is 
acceptable for full credit toward such a degree;
    (4) Is a public or other nonprofit institution; and
    (5) Is accredited by a nationally recognized accrediting agency or 
association.
    J. William Fulbright Foreign Scholarship Board means the 
presidentially appointed board which is responsible for supervision of 
the program covered by this part.

(Authority: 22 U.S.C. 2452(b)(6), 2456)

[[Page 33775]]

Subpart B--What Kinds of Projects Does the Secretary Assist Under 
This Program?


Sec. 664.10  What kinds of projects does the Secretary assist?

    The Secretary assists projects which are designed to develop or 
improve programs in modern foreign language or area studies at the 
elementary, secondary, or postsecondary level by supporting overseas 
projects in research, training, and curriculum development by groups of 
individuals engaged in a common endeavor. Projects may include, as 
described in Secs. 664.11 through 664.14, short-term seminars, 
curriculum development teams, group research or study, and advanced 
intensive language programs.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 664.11  What is a short-term seminar project?

    A short-term seminar project is--
    (a) Designed to help integrate international studies into an 
institution's or school system's general curriculum; and
    (b) Normally four to six weeks in length and focuses on a 
particular aspect of area study, such as, for example, the culture of 
the area or a portion of the culture.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 664.12  What is a curriculum development project?

    (a) A curriculum development project--
    (1) Is designed to permit faculty and administrators in 
institutions of higher education and elementary and secondary schools, 
and administrators in State departments of education the opportunity to 
spend generally from four to eight weeks in a foreign country acquiring 
resource materials for curriculum development in modern foreign 
language and area studies; and
    (2) Must provide for the systematic use and dissemination in the 
United States of the acquired materials.
    (b) For the purpose of this section, resource materials include 
artifacts, books, documents, educational films, museum reproductions, 
recordings, and other instructional material.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 664.13  What is a group research or study project?

    (a)(1) A group research or study project is designed to permit a 
group of faculty of an institution of higher education and graduate and 
undergraduate students to undertake research or study in a foreign 
country.
    (2) The period of research or study in a foreign country is 
generally from three to twelve months.
    (b) As a prerequisite to participating in a research or training 
project, participants--
    (1) Must possess the requisite language proficiency to conduct the 
research or study, and disciplinary competence in their area of 
research; and
    (2) In a project of a semester or longer, shall have completed, at 
a minimum, one semester of intensive language training and one course 
in area studies relevant to the projects.

(Authority: 22 U.S.C. 2452(b)(6))


Sec. 664.14  What is an advanced overseas intensive language training 
project?

    (a)(1) An advanced overseas intensive language project is designed 
to take advantage of the opportunities present in the foreign country 
that are not present in the United States when providing intensive 
advanced foreign language training.
    (2) Project activities may be carried out during a full year, an 
academic year, a semester, a trimester, a quarter, or a summer.
    (3) Generally, language training must be given at the advanced 
level, i.e., at the level equivalent to that provided to students who 
have successfully completed two academic years of language training.
    (4) The language to be studied must be indigenous to the host 
country and maximum use must be made of local institutions and 
personnel.
    (b) Generally, participants in projects under this program must 
have successfully completed at least two academic years of training in 
the language to be studied.

(Authority: 22 U.S.C. 2452(b)(6))

Subpart C--How Does the Secretary Make a Grant?


Sec. 664.30  How does the Secretary evaluate an application?

    (a) The Secretary evaluates an application for a Group Project 
Abroad under the criteria in Sec. 664.31.
    (b) In general, the Secretary awards up to 95 possible points for 
these criteria. However, if priority criteria are used, the Secretary 
awards up to 110 possible points. The maximum possible points for each 
criterion are shown in parentheses.
    (c) All selections by the Secretary are subject to review and final 
approval by the J. William Fulbright Foreign Scholarship Board.
    (d) The Secretary does not recommend a project to the J. William 
Fulbright Foreign Scholarship Board if the applicant proposes to carry 
it out in a country in which the United States does not have diplomatic 
representation.

(Authority: 22 U.S.C. 2452(b)(6), 2456)


Sec. 664.31  What selection criteria does the Secretary use?

    The Secretary uses the criteria in this section to evaluate 
applications for the purpose of recommending to the J. William 
Fulbright Foreign Scholarship Board projects for funding under this 
part. The criteria are weighted and may total 105 points:
    (a) Plan of operation. (Maximum 25 points).
    (1) The Secretary reviews each application for information to 
determine the quality of the plan of operation for the project.
    (2) The Secretary looks for information that shows--
    (i) High quality in the design of the project;
    (ii) An effective plan of management that insures proper and 
efficient administration of the project;
    (iii) A clear description of how the objectives of the project 
relate to the purpose of the program;
    (iv) The way the applicant plans to use its resources and personnel 
to achieve each objective; and
    (v) A clear description of how the applicant will ensure that 
project participants who are otherwise eligible to participate are 
selected without regard to race, color, national origin, gender, age, 
or handicapping condition.
    (b) Quality of key personnel. (Maximum 15 points).
    (1) The Secretary reviews each application for information to 
determine the quality of key personnel the applicant plans to use on 
the project.
    (2) The Secretary looks for information that shows--
    (i) The qualifications of the project director;
    (ii) The qualifications of each of the other key personnel to be 
used in the project;
    (iii) The time that each person referred to in paragraphs (b)(2) 
(i) and (ii) of this section will commit to the project; and
    (iv) The extent to which the applicant, as part of its 
nondiscriminatory employment practices, will ensure that its personnel 
are selected for employment without regard to race, color, national 
origin, gender, age, or handicapping condition.
    (3) To determine the qualifications of a person, the Secretary 
considers evidence of past experience and training in fields related to 
the objectives of the

[[Page 33776]]

project as well as other information that the applicant provides.
    (c) Budget and cost effectiveness. (Maximum 10 points).
    (1) The Secretary reviews each application for information that 
shows that the project has an adequate budget and is cost effective.
    (2) The Secretary looks for information that shows--
    (i) The budget for the project is adequate to support the project 
activities; and
    (ii) Costs are reasonable in relation to the objectives of the 
project.
    (d) Evaluation plan. (Maximum 10 points).
    (1) The Secretary reviews each application for information that 
shows the quality of the evaluation plan for the project.
    (2) The Secretary looks for information that shows that the methods 
of evaluation are appropriate for the project and, to the extent 
possible, are objective and produce data that are quantifiable.
    (e) Adequacy of resources. (Maximum 5 points).
    (1) The Secretary reviews each application for information that 
shows that the applicant plans to devote adequate resources to the 
project.
    (2) The Secretary looks for information that shows that the 
facilities, equipment, and supplies that the applicant plans to use are 
adequate.
    (f) Specific program criteria. (Maximum 30 points).
    (1) In addition to the general selection criteria contained in this 
section, the Secretary reviews each application for information that 
shows that the project meets the specific program criteria.
    (2) The Secretary looks for information that shows--
    (i) The potential impact of the project on the development of the 
study of modern foreign languages and area studies in American 
education. (Maximum 15 points).
    (ii) The project's relevance to the applicant's educational goals 
and its relationship to its program development in modern foreign 
languages and area studies. (Maximum 5 points).
    (iii) The extent to which direct experience abroad is necessary to 
achieve the project's objectives and the effectiveness with which 
relevant host country resources will be utilized. (Maximum 10 points).
    (g) Priorities. (Maximum 15 points) The Secretary looks for 
information that shows the extent to which the project addresses 
program priorities in the field of modern foreign languages and area 
studies for that year.

(Authority: 22 U.S.C. 2452(b)(6); 2456(a)(2))


Sec. 664.32  What priorities may the Secretary establish?

    (a) The Secretary may establish for each funding competition one or 
more of the following priorities:
    (1) Categories of projects described in Sec. 664.10.
    (2) Specific languages, topics, countries or geographic regions of 
the world; for example, Chinese and Arabic, Curriculum Development in 
Multicultural Education and Transitions from Planned Economies to 
Market Economies, Brazil and Nigeria, Middle East and South Asia.
    (3) Levels of education; for example, elementary and secondary, 
postsecondary, or postgraduate.
    (b) The Secretary announces any priorities in the application 
notice published in the Federal Register.

(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(2))


Sec. 664.33  What costs does the Secretary pay?

    (a) The Secretary pays only part of the cost of a project funded 
under this part. Other than travel costs, the Secretary does not pay 
any of the costs for project-related expenses within the United States.
    (b) The Secretary pays the cost of the following--
    (1) A maintenance stipend related to the cost of living in the host 
country or countries;
    (2) Round-trip international travel;
    (3) A local travel allowance for necessary project-related 
transportation within the country of study, exclusive of the purchase 
of transportation equipment;
    (4) Purchase of project-related artifacts, books, and other 
teaching materials in the country of study;
    (5) Rent for instructional facilities in the country of study;
    (6) Clerical and professional services performed by resident 
instructional personnel in the country of study; and
    (7) Other expenses in the country of study, if necessary for the 
project's success and approved in advance by the Secretary.

(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

Subpart D--What Conditions Must Be Met by a Grantee?


Sec. 664.40  Can participation in a Fulbright-Hays Group Projects 
Abroad be terminated?

    (a) Participation may be terminated only by the J. William 
Fulbright Foreign Scholarship Board upon the recommendation of the 
Secretary.
    (b) The Secretary may recommend a termination of participation on 
the basis of failure by the grantee to ensure that participants adhere 
to the standards of conduct adopted by the J. William Fulbright Foreign 
Scholarship Board.

(Authority: 22 U.S.C. 2452(b)(6), 2456, Policy Statements of the J. 
William Fulbright Foreign Scholarship Board, 1990)

[FR Doc. 98-16266 Filed 6-18-98; 8:45 am]
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