96-7593. Higher Education Programs in Modern Foreign Language Training and Area StudiesForeign Language and Area Studies Fellowships Program  

  • [Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
    [Proposed Rules]
    [Pages 14006-14011]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-7593]
    
    
    
    
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    _______________________________________________________________________
    
    Part VII
    
    
    
    
    
    Department of Education
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    34 CFR Part 657
    
    
    
    Higher Education Programs in Modern Foreign Language Training and Area 
    Studies--Foreign Language and Area Studies Fellowships Program; 
    Proposed Rule
    
    Federal Register / Vol. 61, No. 61 / Thursday, March 28, 1996 / 
    Proposed Rules
    
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    DEPARTMENT OF EDUCATION
    
    34 CFR Part 657
    
    RIN 1840-AC28
    
    
    Higher Education Programs in Modern Foreign Language Training and 
    Area Studies--Foreign Language and Area Studies Fellowships Program
    
    AGENCY: 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--Foreign Language and Area Studies (FLAS) Fellowships Program. 
    These amendments are needed in order 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. In the 
    spirit of reinventing government, the goal of the proposed changes is 
    to markedly reduce the burden associated with the application review 
    process. These regulations are intended to (a) reduce the burden on 
    applicants and readers by clarifying and restructuring selection 
    criteria to remove ambiguity and eliminate repetition of information 
    presented in applications, (b) facilitate funding decisions by 
    providing a larger possible point spread for greater differentiation of 
    rankings, (c) simplify the application process for applicants, improve 
    the cost-effectiveness of the program, and standardize program 
    management by adopting the fellowship award allocation system currently 
    used to administer other Federal fellowship programs, and (d) improve 
    program quality, efficiency, and flexibility by adopting changes 
    program management experience shows to be appropriate.
    
    DATES: Comments must be received on or before April 29, 1996.
    
    ADDRESSES: All comments concerning these proposed regulations should be 
    addressed to Sara West, U.S. Department of Education, 600 Independence 
    Avenue, S.W., Suite 600B, Portals Building, Washington, D.C. 20202-
    5331. Comments may also be sent through the Internet to ``FLAS--
    Fellowship@ed.gov''.
        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 the 
    preceding paragraph.
    
    FOR FURTHER INFORMATION CONTACT: Sara West. Telephone: (202) 401-9782. 
    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.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The Foreign Language and Area Studies Fellowships Program is one of 
    several international education programs authorized under Part A of 
    Title VI of the Higher Education Act of 1965, as amended (HEA). The 
    main provisions of the regulations govern the awarding of grants 
    designed to provide fellowship assistance to students enrolled in 
    advanced programs of modern foreign language and area or international 
    studies.
        In the spirit of reinventing government, it is the Secretary's goal 
    to simplify the application process and management of the Foreign 
    Language and Area Studies Fellowships Program to benefit the public. 
    The Secretary intends the proposed changes to add clarity to the review 
    process, to decrease the current burden on applicants and peer 
    reviewers, to facilitate the application of uniform standards among 
    peer reviewers and in Federal fellowship program management, to 
    increase cost-effectiveness of the program, and to increase flexibility 
    in program management for funded grantees and for the Secretary.
        The Secretary proposes to amend the regulations for the Foreign 
    Language and Area Studies Fellowships Program by modifying the 
    selection criteria for applications, by eliminating references to 
    undergraduate programs and fellowship recipients in keeping with 
    statutory requirements, by adopting a new system of allocating 
    fellowship awards, and by easing restrictions on the use of fellowship 
    awards abroad and clarifying that only academic year awards may be used 
    for research abroad.
        Selection Criteria. The selection criteria currently used are very 
    general, leading to some misinterpretation of questions asked, frequent 
    repetition of information, and inclusion of information that is not 
    pertinent to the purpose of the Foreign Language and Area Studies 
    Fellowships Program. The proposed changes seek to retain much of the 
    sense of the current criteria while removing ambiguity regarding 
    requested information. The purpose of the changes is to clarify what 
    information should be presented so that (a) all applicants will provide 
    more focused information necessary for evaluation of a proposal under 
    this program, (b) applicants will be able to present all relevant 
    information within fewer pages of the proposal narrative, and (c) peer 
    reviewers will be able to more easily and accurately evaluate and rank 
    proposals based on comparative strengths.
        A reorganized, broader point scale and clearly identified point 
    allocations for individual paragraphs of the technical review criteria 
    are proposed in order to (a) enable peer reviewers to score more 
    carefully and accurately differentiate between proposals of high 
    caliber, (b) discourage peer reviewers from overlooking any individual 
    question to be scored, and (c) clarify for peer reviewers and 
    applicants exactly what requested information corresponds to each point 
    value.
        Undergraduate References. The Higher Education Amendments of 1992, 
    Pub. L. 102-325, amended section 603 of the HEA to limit the awarding 
    of FLAS fellowships to graduate students. For that reason, the 
    Secretary eliminates references to undergraduate students or programs 
    and use of ambiguous terms such as ``advanced.'' The purpose of these 
    changes is to bring the regulations in line with the authorizing 
    statute and to clarify program requirements for applicants and 
    grantees.
        System of Allocation. The Secretary proposes to increase cost-
    effectiveness, simplify the application process and program management 
    for grantees, and bring the Foreign Language and Area Studies 
    Fellowships Program more in line with other government fellowship 
    programs by amending the system of allocation. Under the system of 
    allocation currently used to administer this program, a FLAS fellowship 
    consists of a student subsistence allowance and tuition plus all 
    required fees. Grantees are expected to submit in their proposal 
    budgets a variety of tuition rates for graduate students at differing 
    levels of study and enrolled in different academic programs; for 
    example, public institutions provide different rates based upon 
    residency requirements, while both public and private institutions 
    often have varying tuition rates for graduate students enrolled in arts 
    and sciences or professional degree programs or at the dissertation 
    level. Grant monies are then allocated based on a combination of awards 
    at a variety of tuition rates for an individual grantee institution. 
    Because the rates supplied are projections based on rates in effect at 
    the time of application and not actual prospective tuition rates, and 
    because the grantee institutions do not know at
    
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    the time of the grant competition which students will compete 
    successfully for awards, the current system of allocation is imprecise. 
    While the Secretary might allocate funds for five awards to an 
    institution, there is no guarantee that the institution will make five 
    awards in the amounts assumed. Depending on the students selected, it 
    might actually make two awards at a high tuition rate or seven awards 
    at a low tuition rate.
        Under the proposed system of allocation, a FLAS fellowship consists 
    of a student subsistence allowance and a standard institutional payment 
    (rather than full tuition plus fees) to be established by the Secretary 
    and announced in the application notice. This system of allocation is 
    commonly referred to as the ``cost-of-education allowance'' system. By 
    applying for an allocation of fellowship awards, the institution agrees 
    to accept the institutional payment published in the application notice 
    in lieu of any additional costs of tuition and fees. In cases in which 
    the institutional payment is greater than the actual cost of tuition 
    and fees at the institution, the excess institutional payment funds 
    must be applied toward additional fellowship awards. The purpose of 
    this amendment is to (a) simplify the budget portion of the application 
    process for applicants; (b) make the Foreign Language and Area Studies 
    Fellowships Program more ``user-friendly'' for the public by adopting a 
    system of allocation currently used for a variety of Federal fellowship 
    programs administered by the U.S. Department of Education and other 
    agencies; (c) simplify grantee institutions' own competitions for 
    fellowship candidates by treating each applicant equally, regardless of 
    tuition rate; (d) eliminate imprecision in how funds will actually be 
    used by grantees and increase the accountability of grantee 
    institutions by requiring them to make a minimum number of awards with 
    their grant allocations; and (e) increase the cost-effectiveness of the 
    program by requiring institutions with high tuition rates to accept a 
    standard institutional payment in lieu of full tuition and fees.
        Easing Limits on Overseas Use of Fellowships. Proposed changes to 
    the limitations on the use of funds for overseas fellowships seek to 
    expand grantees' program management options and clarify the appropriate 
    use of awards. The requirement that students using awards at overseas 
    language programs be at the advanced level of language study is 
    expanded to include intermediate-level study for all eligible languages 
    as well as beginning-level study of languages for which appropriate 
    instruction is not available in the United States. Additional 
    modifications are intended to clarify that only academic year awards 
    may be used abroad for research, and summer fellowships are to be used 
    for intensive language training rather than for short-term dissertation 
    research.
    
    Explanation of Changes
    
        The Secretary proposes to make the following changes:
    
    Section 657.1  What is the Foreign Language and Area Studies 
    Fellowships Program?
    
        Section 657.1(a). The Secretary proposes to modify this section to 
    clarify that only graduate-level students are eligible to receive 
    awards since the 1992 reauthorization of the HEA. The current language 
    indicates that students who receive fellowships must be enrolled in 
    ``advanced'' training. The Secretary believes that substituting the 
    word ``graduate'' for ``advanced'' more clearly states the statutory 
    requirement.
    
    Section 657.2  Who is eligible to receive an allocation of fellowships?
    
        Section 657.2(d). The Secretary proposes to eliminate the reference 
    to the Undergraduate International Studies and Foreign Language Program 
    because undergraduate students are no longer eligible to receive awards 
    since the 1992 reauthorization of the HEA.
    
    Section 657.3  Who is eligible to receive a fellowship?
    
        Section 657.3(a)(3). The Secretary proposes to eliminate the entire 
    paragraph referring to students who are permanent residents of the 
    Trust Territory of the Pacific Islands, because there is no longer a 
    Trust Territory of the Pacific Islands.
    
    Section 657.20  How does the Secretary evaluate an institutional 
    application for an allocation of fellowships?
    
        Section 657.20(b). The Secretary proposes to expand the range of 
    possible points for applications in order to enable peer reviewers in 
    scoring to more carefully and accurately differentiate between 
    proposals of high caliber. It has been the Secretary's experience that 
    competition for grants under the Foreign Language and Area Studies 
    Fellowships Program is strong; recent winning applicants have scored 
    within a 15-point range on the current scale. As a result, there has 
    been narrow point differentiation among winning applicants and the 
    highest scoring unsuccessful applicants. The Secretary believes that 
    expanding the possible point range would facilitate funding decisions 
    by providing peer reviewers with a larger scale on which to rank 
    applications, allowing for greater differentiation of scores for 
    applications of similar but different merit. The changed point scale, 
    reflecting changes in the selection criteria and their point 
    allocations, would add 40 possible points for competitions for which 
    there are no announced competitive priorities and 50 possible points 
    for competitions for which competitive priorities have been announced.
    
    Section 657.21  What criteria does the Secretary use in selecting 
    institutions for an allocation of fellowships?
    
        The Secretary proposes extensive changes in this section in order 
    to improve the program's application review process and to reflect 
    current standards in the field of foreign language, area and 
    international studies. The proposed selection criteria identify 
    specific information to be provided in an application, thereby 
    facilitating proposal writing for applicants and evaluation for peer 
    reviewers. The proposed criteria incorporate most aspects of the 
    current criteria but are restructured to enable applicants to present 
    information in a more succinct and less repetitious manner.
        Section 657.21(a). The Secretary proposes to eliminate the current 
    Plan of operation criterion and substitute a Foreign language and area 
    studies awardee selection procedures criterion that incorporates 
    elements of the current Plan of operation and Need and potential impact 
    criteria. It has been the Secretary's experience that the language of 
    the current criterion has led to some confusion among grantees and peer 
    reviewers regarding what information should be presented. For example, 
    one question in the Plan of operation criterion asks about the extent 
    to which the objectives of the project relate to the purpose of the 
    program. Applicants and peer reviewers are often uncertain whether 
    ``program'' refers to the Foreign Language and Area Studies Fellowships 
    Program or to the applicant's training program. The Secretary believes 
    that the proposed language would eliminate uncertainty and assist 
    applicants in writing, and peer reviewers in evaluating, proposals for 
    fellowship awards.
        Section 657.21(b). The Secretary proposes to replace the Quality of 
    key personnel criterion with a criterion called Quality of staff 
    resources. The staff resources criterion would ask the same kind of 
    questions as the current key personnel criterion, but would also 
    require explicit information to be
    
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    presented regarding faculty and staff involvement in fellowship program 
    activities and oversight and professional development opportunities.
        Section 657.21(c). The Secretary proposes to eliminate the current 
    Evaluation plan criterion. The Secretary proposes an Impact and 
    evaluation criterion that would combine related aspects of the current 
    Need and potential impact, Evaluation plan, and Plan of operation 
    criteria. Combining elements of these criteria is logical due to the 
    interrelatedness of questions about past performance and evaluating 
    future performance.
        Section 657.21(d). The Secretary proposes to modify the language of 
    the Commitment to the subject area on which the center or program 
    focuses criterion by clarifying those areas for which institutional 
    support should be identified. In the past, some applicant institutions 
    have shown support for the applicant's students by offering matching 
    funds or tuition waivers for fellowship grants received. Although the 
    Foreign Language and Area Studies Fellowships Program does not have a 
    cost-matching requirement, the Secretary would like to encourage 
    institutional efforts to promote the cost-effectiveness of the program 
    as well as institutional commitment to the applicant's training 
    program. For this reason, this criterion also asks applicants to 
    provide information about the extent to which the institution provides 
    financial support to graduate students in fields related to the 
    applicant's teaching program.
        Section 657.21(e). The Secretary proposes to modify and redesignate 
    the Strength of library criterion. Due to the changes in information 
    technology and the rising costs of maintaining traditional collections, 
    a library's book and periodical holdings are no longer the only factor 
    that should be considered in evaluating the strength of an applicant 
    institution's library. The proposed regulations would clarify 
    information to be presented and take into account that library 
    resources can be provided in print and non-print media, through 
    cooperative collections and access arrangements with other library 
    collections, and through on-line, electronic data bases.
        Section 657.21(f). The Secretary proposes to add a new criterion 
    called Quality of the applicant's non-language instructional program. 
    The proposed criterion would incorporate related elements of the 
    current Quality of the applicant's instructional program and Quality of 
    the applicant's relationships within the institution criteria. The 
    Secretary believes that including all questions related to non-language 
    course offerings in one section would allow grantees to streamline 
    their proposals and avoid repetition. It has been the Secretary's 
    experience that combining questions about non-language and language 
    courses in the same criterion can lead to applicants neglecting to 
    provide full information about both non-language and language training. 
    For that reason, the Secretary proposes to ask parallel questions 
    regarding the quality of language and non-language training under two 
    separate criteria. It is the opinion of the Secretary that separate 
    criteria would emphasize the importance to the Foreign Language and 
    Area Studies Fellowships Program of both language and area or 
    international studies training.
        Section 657.21(g). The Secretary proposes to address under this 
    criterion the Quality of the applicant's language instructional 
    program. Questions asked under this criterion are similar to questions 
    currently asked under Quality of the applicant's instructional program 
    criterion but more specifically identify information to be provided.
        Section 657.21(h). The Secretary proposes to replace the current 
    Overseas activities criterion with a criterion called Quality of 
    curriculum design. Relevant questions about overseas activities would 
    be asked under the proposed Quality of curriculum design, Commitment to 
    the subject area on which the applicant focuses, and Quality of staff 
    resources criteria. It has been the Secretary's experience in this 
    program that overseas activities have been critical to providing 
    successful training options for students and professional development 
    opportunities for faculty. Therefore, the Secretary believes that it is 
    more appropriate and more clearly related to the purpose of the Foreign 
    Language and Area Studies Fellowships Program to ask questions 
    regarding overseas activities in the context of curriculum design and 
    staff resources. The proposed Quality of curriculum design criterion 
    would combine elements of the current Overseas activities and Quality 
    of the applicant's relationships within the institution criteria. The 
    new criterion would allow applicants to focus on the issue of training 
    options for students within the context of a single criterion.
        Section 657.21(i). The Secretary proposes to eliminate the current 
    Need and potential impact criterion because related questions would be 
    asked under the proposed Foreign language and area studies fellowships 
    awardee selection procedures and Impact and evaluation criteria. The 
    Secretary proposes to redesignate the current Priorities criterion as 
    Sec. 657.21(i) and to decrease the point value from 20 points to 10. It 
    has been the Secretary's experience that most proposals submitted for 
    competitions under this program succeed in securing almost all of the 
    points allocated to the competitive priority. A 20-point allocation to 
    the competitive priority can result in applications with weaker scores 
    on the mandatory criteria ranking higher than quality proposals that do 
    not meet the priority. A 10-point competitive priority allocation would 
    continue to ensure that quality proposals that meet the competitive 
    priority are funded before quality proposals that do not meet the 
    priority. The Secretary proposes to decrease the total possible points 
    allocated for priorities in order to maintain proportion in the 
    competition and to ensure that only high quality proposals are funded.
        Section 657.21(j). The Secretary proposes to eliminate this 
    paragraph because the Priorities criterion would be included under 
    Sec. 657.21(i).
    
    Section 657.31  What is the amount of a fellowship?
    
        The Secretary proposes to change the system of allocation of 
    fellowship award monies in order to simplify the administration of 
    awards for grantees, increase cost-effectiveness of the program, and 
    increase uniformity of procedures among federally funded fellowship 
    programs. The Secretary proposes to specify that each fellowship 
    awarded would consist of a standard institutional payment and a 
    subsistence allowance to be announced in the application notice 
    published in the Federal Register. The Secretary also proposes to 
    delete references to education levels of recipients since all 
    recipients must be at the graduate level.
    
    Section 657.32  What is the payment procedure for fellowships?
    
        Section 657.32(d). The Secretary proposes to limit the use of 
    fellowship funds by stating that funds not used by one fellowship 
    recipient for reasons of withdrawal are to be used for alternate 
    recipients to the extent that funds are available for a full 
    subsistence allowance. In addition, if actual tuition rates are less 
    than the institutional payment, excess funds must be used to fund 
    additional fellowships to the extent that funds are available for a 
    full subsistence allowance. This provision would maximize the cost-
    efficiency of the fellowship funds by ensuring that low-tuition 
    institutions use excess funds to support additional fellows.
    
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    Section 657.33  What are the limitations on the use of funds for 
    overseas fellowships?
    
        The Secretary proposes changes to this section that would ease 
    restrictions on and clarify appropriate use of overseas awards. It has 
    been the Secretary's experience that students at an intermediate level 
    of language study can benefit as much from an overseas study experience 
    as advanced students if enrolled in a high-quality language program. 
    Furthermore, appropriate instruction (particularly for less-commonly-
    taught languages) is not always available in the United States.
        Section 657.33(b)(1). The Secretary proposes to allow students at 
    the intermediate level of language study to enroll in overseas language 
    programs. Currently, only advanced students may use awards abroad. 
    Additionally, the Secretary proposes to allow the use of fellowship 
    awards for overseas study at the beginning level of languages for which 
    instruction is frequently not available in the United States.
        Section 657.33(b)(2). In order to clarify for grantees that summer 
    fellowships are to be used for intensive language training rather than 
    short-term dissertation research, the Secretary proposes to specify 
    that awards may be approved for dissertation research during the 
    academic year only.
    
    Executive Order 12866
    
    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 regulations clearly 
    stated? (2) Do the regulations contain technical terms or other wording 
    that interferes with their clarity? (3) Does the format of the 
    regulations (grouping and order of sections, use of headings, 
    paragraphing, etc.) aid or reduce their clarity? Would the 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. 657.2 Who is eligible to receive an 
    allocation of fellowships?) (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 
    regulations easier to understand?
        A copy of any comments that concern how the Department could make 
    these proposed regulations easier to understand should also be sent to 
    Stanley M. Cohen, Regulations Quality Officer, U.S. Department of 
    Education, 600 Independence Avenue, S.W. (Room 5100 FB-10B), 
    Washington, D.C. 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.
        These proposed regulations merely correct or simplify and clarify 
    provisions contained in previous regulations and would impose minimal 
    requirements to ensure the proper expenditure of program funds. The 
    small entities that would be affected by these proposed regulations are 
    institutions of higher education receiving Federal funds under this 
    program. However, the regulations would not have a significant economic 
    impact on the institutions affected because the regulations would not 
    impose excessive regulatory burdens or require unnecessary Federal 
    supervision.
    
    Paperwork Reduction Act of 1995
    
        Section 657.21 contains 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 this section to the 
    Office of Management and Budget (OMB) for its review.
        Collection of Information: Foreign Language and Area Studies 
    Fellowships Program.
        Institutions of higher education and consortia of institutions of 
    higher education are eligible to apply for grants under these 
    regulations. The information to be collected is specified by the 
    proposed technical review criteria and includes information currently 
    collected under regulations for this program. This information is 
    needed and used by the Department to make grants.
        The Secretary estimates that this information collection will 
    decrease the current estimated burden of 155 hours per response to 100 
    hours per response. The estimated burden includes the time for 
    reviewing instructions, searching existing data sources, gathering and 
    maintaining the data needed, and completing and reviewing the 
    application to be submitted. Competitions for the Foreign Language and 
    Area Studies Fellowships Program are held every three years, with 
    approximately 160 respondents per competition.
        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, D.C. 20503; Attention: Wendy Taylor.
        The Department considers comments by the public on this proposed 
    collection of information in--
         Evaluating whether the proposed collection of information 
    is necessary for the proper performance of the functions of the 
    Department, including whether the information will have practical 
    utility;
         Evaluating the accuracy of the Department's estimate of 
    the burden of the proposed collection 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 collection 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
    
        This program is subject to the requirements of Executive Order 
    12372 and the regulations in 34 CFR Part 79. The objective of the 
    Executive order is to foster an intergovernmental partnership and a 
    strengthened federalism by relying on processes developed by State and 
    local governments for coordination and review of proposed Federal 
    financial assistance.
        In accordance with the order, this document is intended to provide 
    early notification of the Department's specific plans and actions for 
    this program.
    
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    Invitation to Comment
    
        Interested persons are invited to submit comments and 
    recommendations regarding these 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 
    600B, Portals Building, 1280 Maryland Avenue, S.W., Washington, D.C. 
    between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday of 
    each week, except Federal holidays.
    
    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.
    
    List of Subjects in 34 CFR Part 657
    
        Colleges and universities, Education, International education, 
    Reporting and recordkeeping requirements.
    
    (Catalog of Federal Domestic Assistance Number 84.015)
    
        Dated: March 25, 1996.
    David A. Longanecker,
    Assistant Secretary for Postsecondary Education.
    
        The Secretary proposes to amend Title 34 of the Code of Federal 
    Regulations by revising Part 657 as follows:
    
    PART 657--FOREIGN LANGUAGE AND AREA STUDIES FELLOWSHIPS PROGRAM
    
        1. The authority citation for Part 657 continues to read as 
    follows:
    
        Authority: 20 U.S.C. 1122, unless otherwise noted.
    
    
    Sec. 657.1  [Amended]
    
        2. Section 657.1 is amended by revising the heading by removing the 
    word ``Fellowship'' and adding, in its place, the word ``Fellowships'' 
    and by removing the word ``advanced'' and adding, in its place, 
    ``graduate'' in paragraph (a).
    
    
    Sec. 657.2  [Amended]
    
        3. Section 657.2 is amended by removing ``or the Undergraduate 
    International Studies and Foreign Language Program, 34 CFR part 658,'' 
    in paragraph (d).
    
    
    Sec. 657.3  [Amended]
    
        4. Section 657.3 is amended by removing paragraph (a)(3), adding 
    the word ``or'' at the end of paragraph (a)(1), and removing the word 
    ``or'' at the end of paragraph (a)(2).
        5. Section 657.20 is amended by revising paragraph (b) to read as 
    follows:
    
    
    Sec. 657.20  How does the Secretary evaluate an institutional 
    application for an allocation of fellowships?
    
    * * * * *
        (b) In general, the Secretary awards up to 140 possible points for 
    these criteria. However, if priority criteria are used, the Secretary 
    awards up to 150 possible points. The maximum possible points for each 
    criterion are shown in parentheses.
        6. Section 657.21 is revised to read as follows:
    
    
    Sec. 657.21  What criteria does the Secretary use in selecting 
    institutions for an allocation of fellowships?
    
        (a) Foreign language and area studies fellowships awardee selection 
    procedures. (15 points) The Secretary reviews each application to 
    determine--
        (1) Whether the selection plan is of high quality, showing how 
    awards will be advertised, how students apply, what selection criteria 
    are used, who selects the fellows, when each step will take place, and 
    how the process will result in awards being made to correspond to any 
    announced priorities; and
        (2) Whether the applicant provides information about current and 
    prospective applicant/award ratios.
        (b) Quality of staff resources. (15 points) The Secretary reviews 
    each application to determine--
        (1) The extent to which teaching faculty and other staff are 
    qualified for the current and proposed activities and training 
    programs, are provided professional development opportunities 
    (including overseas experience), and participate in teaching, 
    supervising, and advising students (5 points);
        (2) The adequacy of applicant staffing and oversight arrangements 
    and the extent to which faculty from a variety of departments, 
    professional schools, and the library are involved (5 points); and
        (3) The extent to which the applicant, as part of its 
    nondiscriminatory employment practices, encourages applications for 
    employment from persons who are members of groups that have been 
    traditionally underrepresented, such as members of racial or ethnic 
    minority groups, women, persons with disabilities, and the elderly (5 
    points).
        (c) Impact and evaluation. (20 points) The Secretary reviews each 
    application to determine--
        (1) The extent to which the applicant's activities and training 
    programs have contributed to an improved supply of specialists on the 
    program's subject as shown through indices such as graduate enrollments 
    and placement data; and the extent to which the applicant supplies a 
    clear description of how the applicant will provide equal access and 
    treatment of eligible project participants who are members of groups 
    that have been traditionally underrepresented, such as members of 
    racial or ethnic minority groups, women, persons with disabilities, and 
    the elderly (15 points); and
        (2) The extent to which the applicant provides an evaluation plan 
    that will be comprehensive and objective and that will produce 
    quantifiable, outcome-measure-oriented data; and the extent to which 
    recent evaluations have been used to improve the applicant's program (5 
    points).
        (d) Commitment to the subject area on which the applicant or 
    program focuses. (10 points) The Secretary reviews each application to 
    determine--
        (1) The extent to which the institution provides financial and 
    other support to the operation of the applicant, teaching staff for the 
    applicant's subject area, library resources, and linkages with 
    institutions abroad (5 points); and
        (2) The extent to which the institution provides financial support 
    to graduate students in fields related to the applicant's teaching 
    program (5 points).
        (e) Strength of library. (15 points) The Secretary reviews each 
    application to determine--
        (1) The strength of the institution's library holdings (both print 
    and non-print, English and foreign language) for graduate students; and 
    the extent to which the institution provides financial support for the 
    acquisition of library materials and for library staff in the subject 
    area of the applicant (10 points); and
        (2) The extent to which research materials at other institutions 
    are available to students through cooperative arrangements with other 
    libraries or on-line databases (5 points).
        (f) Quality of the applicant's non-language instructional program. 
    (25 points) The Secretary reviews each application to determine--
        (1) The quality and extent of the applicant's course offerings in a 
    variety of disciplines, including the extent to which courses in the 
    applicant's subject matter are available in the institution's 
    professional schools (10 points);
        (2) The extent to which the applicant offers depth of specialized 
    course coverage in one or more disciplines on the applicant's subject 
    area (5 points);
        (3) The extent to which the institution employs a sufficient number 
    of teaching faculty to enable the applicant to carry out its purposes 
    and the extent to which
    
    [[Page 14011]]
    teaching assistants are provided with pedagogy training (5 points); and
        (4) The extent to which interdisciplinary courses are offered for 
    graduate students (5 points).
        (g) Quality of the applicant's language instructional program. (20 
    points) The Secretary reviews each application to determine--
        (1) The extent to which the applicant provides instruction in the 
    languages of the applicant's subject area and the extent to which 
    students enroll in those language courses (5 points);
        (2) The extent to which the applicant provides three or more levels 
    of language training and the extent to which courses in disciplines 
    other than language, linguistics, and literature are offered in 
    appropriate foreign languages (5 points);
        (3) Whether sufficient numbers of language faculty are available to 
    teach the languages and levels of instruction described in the 
    application and the extent to which language teaching staff (including 
    faculty and teaching assistants) have been exposed to current language 
    pedagogy training appropriate for performance-based teaching (5 
    points); and
        (4) The quality of the language program as measured by the 
    performance-based instruction being used or developed, the adequacy of 
    resources for language teaching and practice, and language proficiency 
    requirements (5 points).
        (h) Quality of curriculum design. (20 points) The Secretary reviews 
    each application to determine--
        (1) The extent to which the applicant's curriculum provides 
    training options for graduate students from a variety of disciplines 
    and professional fields and the extent to which these programs and 
    their requirements (including language requirements) are appropriate 
    for an applicant in this subject area and result in graduate training 
    programs of high quality (10 points);
        (2) The extent to which the applicant provides academic and career 
    advising services for students (5 points); and
        (3) The extent to which the applicant has established formal 
    arrangements for students to conduct research or study abroad and the 
    extent to which these arrangements are used; and the extent to which 
    the institution facilitates student access to other institutions' study 
    abroad and summer language programs (5 points).
        (i) Priorities. (10 points) If one or more priorities have been 
    established under Sec. 657.22, the Secretary reviews each application 
    for information that shows the extent to which the center or program 
    meets these priorities.
    
    (Authority: 20 U.S.C. 1122)
    
        7. Section 657.31 is amended by revising paragraphs (a)(2) and 
    (b)(1), and adding new paragraph (a)(3) to read as follows:
    
    
    Sec. 657.31  What is the amount of a fellowship?
    
        (a) * * *
        (2) Each fellowship includes an institutional payment and a 
    subsistence allowance to be determined by the Secretary.
        (3) If the institutional payment determined by the Secretary is 
    greater than the tuition and fees charged by the institution, the 
    institutional payment portion of the fellowship is limited to actual 
    tuition and fees. The difference between actual tuition and fees and 
    the Secretary's institutional payment shall be used to fund additional 
    fellowships to the extent that funds are available for a full 
    subsistence allowance.
        (4) If permitted by the Secretary, the fellowship may include an 
    allowance for travel and an allowance for dependents.
        (b) The Secretary announces in an application notice published in 
    the Federal Register--
        (1) The amounts of the subsistence allowance and the institutional 
    payment for an academic year and the subsistence allowance and the 
    institutional payment for a summer session;
    * * * * *
        8. Section 657.32 is amended by adding a new paragraph (d) to read 
    as follows:
    
    
    Sec. 657.32  What is the payment procedure for fellowships?
    
    * * * * *
        (d) Funds not used by one recipient for reasons of withdrawal are 
    to be used for alternate recipients to the extent that funds are 
    available for a full subsistence allowance.
        9. Section 657.33 is amended by revising paragraph (b) to read as 
    follows:
    
    
    Sec. 657.33  What are the limitations on the use of funds for overseas 
    fellowships?
    
    * * * * *
        (b) The Secretary may approve the use of a fellowship outside the 
    United States if the student is--
        (1) Enrolled in an overseas program approved by the institution at 
    which the student is enrolled in the United States for study at an 
    intermediate or advanced level or at the beginning level if appropriate 
    equivalent instruction is not available in the United States; or
        (2) Engaged during the academic year in research that cannot be 
    done effectively in the United States and is affiliated with an 
    institution of higher education or other appropriate organization in 
    the host country.
    
    [FR Doc. 96-7593 Filed 3-27-96; 8:45 am]
    BILLING CODE 4000-01-P
    
    

Document Information

Published:
03/28/1996
Department:
Education Department
Entry Type:
Proposed Rule
Action:
Notice of Proposed Rulemaking.
Document Number:
96-7593
Dates:
Comments must be received on or before April 29, 1996.
Pages:
14006-14011 (6 pages)
RINs:
1840-AC28: Foreign Language and Area Studies Fellowship Program
RIN Links:
https://www.federalregister.gov/regulations/1840-AC28/foreign-language-and-area-studies-fellowship-program
PDF File:
96-7593.pdf
CFR: (9)
34 CFR 657.21(i)
34 CFR 657.1
34 CFR 657.2
34 CFR 657.3
34 CFR 657.20
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