98-23262. Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program, Fulbright-Hays Faculty Research Abroad Fellowship Program, and Fulbright-Hays Group Projects Abroad Program  

  • [Federal Register Volume 63, Number 168 (Monday, August 31, 1998)]
    [Rules and Regulations]
    [Pages 46358-46368]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-23262]
    
    
    
    [[Page 46357]]
    
    _______________________________________________________________________
    
    Part VI
    
    
    
    
    
    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; Final Rule
    
    Federal Register / Vol. 63, No. 168 / Monday, August 31, 1998 / Rules 
    and Regulations
    
    [[Page 46358]]
    
    
    
    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: Final regulations.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Secretary amends 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 final regulations change the names of these programs, 
    remove obsolete references, modify the selection criteria, and make 
    other technical changes.
    
    EFFECTIVE DATES: These regulations take effect September 30, 1998.
    
    FOR FURTHER INFORMATION CONTACT: Karla Ver Bryck Block, U.S. Department 
    of Education, 600 Independence Avenue, SW., Suite 600C Portals 
    Building, Washington, DC 20202-5331. 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:
    
    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's 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.
    
    Notice of Proposed Rulemaking
    
        On June 19, 1998, the Secretary published a notice of proposed 
    rulemaking (NPRM) for 34 CFR parts 662, 663, and 664 in the Federal 
    Register (63 FR 33765-33776). These final regulations contain one 
    significant change from the NPRM. This change pertains to ``health and 
    accident insurance'' and is fully explained in the ``Analysis of 
    Comments and Changes'' elsewhere in this preamble.
    
    Regulatory Changes
    
        As part of the President's Regulatory Reinvention Initiative, the 
    Department is 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. These 
    amendments 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 
    changes is to markedly reduce burden associated with the regulations.
        These final regulations change the names of these programs to align 
    them with how they are popularly referred to in the field. 
    Additionally, the final regulations make changes in the terminology 
    applicable to these programs, remove obsolete references, and make 
    changes in the selection criteria. The final regulations 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 in the final regulations are discussed with 
    respect to each part. A number of the substantive changes affect each 
    of the parts being amended (34 CFR Parts 662, 663, and 664). Therefore, 
    in the discussion of the changes under Part 662, it is noted whether 
    the change is duplicated in a corresponding section of Parts 663 or 
    664.
    
    Part 662
    
        The name of Part 662 is changed to Fulbright-Hays Doctoral 
    Dissertation Research Abroad Fellowship Program. Throughout Parts 662, 
    663, and 664 the ``Board of Foreign Scholarships'' is changed to ``J. 
    William Fulbright Foreign Scholarship Board'' to reflect the change in 
    the name of the board.
        Section 662.3 deletes 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 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 change furthers the goal of the program to train people 
    who will then serve in the United States educational field. The change 
    also applies to Secs. 663.3 and 664.3.
        Section 662.3 also deletes 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 change also applies to Secs. 663.3 and 664.3.
        Section 662.6 revises the list of regulations that apply to the 
    Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship 
    Program, to reflect accurately which parts of EDGAR currently apply to 
    the program.
        Section 662.7 revises the list of terms used in this part that are 
    defined in 34 CFR Part 77. Terms that are not used in this part are 
    deleted.
        Section 662.7(c) changes the definition of ``dependent''. These 
    final regulations 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, these final regulations narrow 
    the definition of ``dependent'' to exclude parents 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 bring the program's 
    policy
    
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    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.
        Section 662.7(c) eliminates 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 changes to Sec. 662.7(c) also apply to Sec. 663.7(c).
        Section 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 are 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 change also applies to Sec. 663.10.
        Section 662.20(d) preserves and clarifies the current position of 
    the Department relating to veteran's preference. These regulations 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 change also applies to Sec. 663.20(d).
        Section 662.21 revises the selection criteria. The revised criteria 
    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 are modified to give greater emphasis to having acquired a 
    foreign language. Paragraph (c)(3) adds 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 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 are changed to allow the readers greater 
    ability to differentiate among the applications. The 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 point structure allows 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 revisions to the selection criteria. Their comments and 
    feedback have been incorporated into these changes.
        The changes to Sec. 662.21 also apply to Sec. 663.21.
        Section 662.22 incorporates the language from current Sec. 662.33 
    and adds 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 prevents an applicant from receiving a fellowship 
    from the Department and the United States Information Agency (USIA) 
    within the same fiscal year. The change ensures that limited funds 
    appropriated to the agencies have a broader impact and are not used 
    duplicatively. The change reflects the current policy statements of the 
    Foreign Scholarship Board.
        Similar to Sec. 662.10, Sec. 662.22 eliminates language from 
    current Sec. 662.33(a)(2) that 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 change also applies to 
    Sec. 663.22.
    
    Part 663
    
        The name of Part 663 is 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) are deleted from 
    the final regulations because they are part of the selection criteria 
    and should not be considered under eligibility.
        Section 663.6 revises the list of regulations that apply to the 
    Fulbright-Hays Faculty Research Abroad Fellowship Program, to reflect 
    accurately which parts of EDGAR currently apply to the program.
    
    Part 664
    
        The name of Part 664 is changed to Fulbright-Hays Group Projects 
    Abroad Program.
        Section 664.4 revises the list of regulations that apply to the 
    Fulbright-Hays Group Projects Abroad Program, to reflect accurately 
    which parts of EDGAR currently apply to the program.
        Section 664.5 revises 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 
    are deleted.
        Sections 664.11, 664.12, and 664.13 revise the length of the 
    projects. Section 664.11 changes the length of a short-term project 
    from six weeks under current regulations, to from four to six weeks. 
    Section 664.12 changes the length of a curriculum development project 
    from six to eight weeks under current regulations, to from four to 
    eight weeks. The current provisions encouraged longer periods in the 
    field, even when they were not necessary for the successful 
    accomplishment of the project goals. The revised, shorter project 
    periods will allow applicants greater flexibility in carrying out their 
    projects. Section 664.13 changes the length of a group research project 
    from two to twelve months under current regulations, to three to twelve 
    months. This change is designed to encourage applicants to develop more 
    in depth research and study projects. In order to be consistent with 
    Parts 662 and 663, Sec. 664.30 adds 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.
        Section 664.31(a)(2)(v) and (b)(4), which addresses the inclusion 
    of underrepresented groups in the selection criteria for applications, 
    is revised to be consistent with the Education Department General 
    Administrative Regulations (EDGAR) (Sec. 75.210(c)(5) and (d)(1)(iv)). 
    The language requires 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.
        Section 664.33(b)(1) allows 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 State 
    publication ``Maximum Travel Per Diem Allowances for Foreign Areas''. 
    Section 664.33(b)(1) eliminates the 50 percent limitation, which would 
    permit an upward or a downward adjustment based on the cost of living 
    in the host country.
    
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        Section 664.33 is further revised by adding a new paragraph (c), to 
    permit program funds to be used for emergency medical expenses not 
    covered by a participant's health and accident insurance and for 
    repatriation of remains. Under current regulations, sections 662.4(b) 
    and 663.4(b) already provided the Secretary with the discretion to use 
    program funds for emergency medical expenses or repatriation of 
    remains.
    
    Analysis of Comments and Changes
    
        In response to the Secretary's invitation to comment in the NPRM, 
    two parties submitted comments on the proposed regulations. An analysis 
    of the comments and of any changes in the regulations since publication 
    of the NPRM follows.
        Major issues are grouped according to subject, with appropriate 
    sections of the regulations referenced in parentheses. Other 
    substantive issues are discussed under the section of the regulations 
    to which they pertain. Technical and minor changes--and suggested 
    changes the Secretary is not legally authorized to make under the 
    applicable statutory authority--generally are not addressed.
    
    Health and Accident Insurance (Secs. 662.4, 663.4, 664.33)
    
        Comments: One commenter suggested that health and accident 
    insurance, including emergency medical evacuation and repatriation of 
    remains, be required for Fulbright-Hays participants and that program 
    funds be made routinely available for this purpose.
        Discussion: Program practice under all three programs ensures that 
    health and accident insurance is in place before the research or 
    projects may be undertaken. Current Part 662 provides for the use of 
    program funds for health and accident insurance and permits support for 
    emergency medical expenses and repatriation of remains. Current Part 
    663 does not provide funds for insurance, because the Department 
    believes that it is appropriate for faculty members to continue their 
    health and accident insurance policies in force while they are 
    overseas. Like Part 662, current Part 663 permits funds to be used for 
    emergency medical expenses and repatriation of remains. Current Part 
    664 does not explicitly provide for the use of program funds for 
    insurance, emergency medical expenses, or repatriation of remains.
        The Department believes that the approach in current regulations 
    concerning the use of program funds for insurance, emergency medical 
    expenses, and repatriation of remains is essentially sound. However, 
    the Department is persuaded that the regulations for the Group Projects 
    Abroad program should expressly permit (but not require) the use of 
    program funds for emergency medical expenses or repatriation of 
    remains. This change is consistent with the long-standing cost-sharing 
    policy of the Group Projects Abroad program.
        Changes: Section 664.33 is revised to permit program funds to be 
    used for emergency medical expenses not covered by a participant's 
    health and accident insurance and for repatriation of remains.
    
    Dependent (Sec. 662.7(c))
    
        Comments: One commenter expressed concern that the changes to the 
    definition of ``dependent'' would so narrow eligible visits as to 
    provide a disincentive for participation in the program, and that the 
    new eligibility requirements would provide a significant barrier to 
    providing access to these programs for the full range of qualified 
    applicants. The commenter further stated that it did not appear 
    appropriate to bar support because a school-age child could visit only 
    during the three summer months of the fellow's overseas work, or 
    because the fellow's employed spouse might be able to be abroad for 
    only a semester, or six months.
        Discussion: The Department believes strongly that the changes in 
    the definition of ``dependent'' are necessary to conserve limited 
    program funds. Further, the Department believes that if a child is 
    spending the school year with a working parent here, and plans to go 
    abroad for only the summer, it is unlikely that the fellow would be 
    eligible for a dependent's allowance even under the current 
    regulations, since eligibility is contingent upon the fellow's 
    providing at least 50 percent of the dependent's support for the entire 
    fellowship period, not just the time the dependent is in the field.
        With respect to a spouse who is working here and can travel abroad 
    for only a semester or six months, the Department again believes that 
    if a spouse is working here, it is unlikely that the fellow would be 
    providing at least 50 percent of the support for the entire fellowship 
    period. Therefore, even under the current regulations, the fellow would 
    not likely qualify for the dependent's allowance.
        The Department does not believe that the proposed change in the 
    definition of ``dependent'' will provide a barrier to participation in 
    the program, and believes that this change is necessary in order to 
    conserve limited funds.
        Changes: None.
    
    Diplomatic Representation (Secs. 662.20(b), 663.20(b), 664.30(d))
    
        Comments: One commenter suggested that the Department eliminate any 
    requirement that projects be conducted in countries in which the United 
    States has diplomatic representation.
        Discussion: The Department does not agree that the requirement 
    should be eliminated. The review process for the Fulbright-Hays 
    programs has long involved sending the applications to United States 
    diplomatic officials overseas for their comments on budget, 
    feasibility, and political sensitivity. The Department believes that 
    these comments are of immense value in ensuring the success of the 
    projects.
        Changes: None.
    
    Acquired Foreign Language (Sec. 662.21(c)(3))
    
        Comments: One commenter was troubled by the Department's proposed 
    emphasis in the selection criteria on the use of an acquired (i.e., 
    non-native) foreign language. It was the commenter's view that the 
    purpose of the program is to provide support for the development of 
    high-end expertise in languages other than English regardless of the 
    method of acquisition.
        Discussion: The purpose of the Doctoral Dissertation Research 
    Abroad Fellowship Program (DDRA) is primarily to support students 
    conducting research overseas in non-native languages other than 
    English. The Department believes that a student conducting research in 
    his or her native language should not enjoy the advantage in the 
    competition that the current regulations provide. Additionally the 
    Department wishes to preserve the program as a vehicle for overseas 
    research by students who have completed the non-native language 
    training under the Department's Title VI Foreign Language and Area 
    Studies (FLAS) Fellowship program.
        Changes: None.
    
    Duration of Group Projects (Secs. 664.11, 664.12, and 664.13)
    
        Comments: One commenter supported the Department's change for group 
    research projects at Sec. 664.13, raising the minimum project time from 
    two to three months. The commenter, however, expressed concern at the 
    Department's proposals to allow for shorter project periods in 
    Secs. 664.11 and 664.12. The commenter generally supported the 
    Department's efforts to permit flexibility in setting project 
    timeframes for applicants to carry out their projects but felt that the 
    proposed minimum project length might be too short.
    
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        Discussion: The Department's experience in administering short-term 
    and curriculum development projects and working with the academic 
    community suggests that the greater flexibility proposed in the NPRM 
    would not adversely affect the quality or substance of these projects, 
    and is a desirable change.
        Changes: None.
    
    Advanced Overseas Intensive Language Training Project 
    (Sec. 664.14(a)(1))
    
        Comment: One commenter recommended amending Sec. 664.14(a)(1) to 
    permit the support of intermediate as well as advanced intensive 
    language programs under the Group Projects Abroad program.
        Discussion: The purpose of overseas language training under this 
    program is to increase a student's competency within the project period 
    to a level that permits the student to use the language in research and 
    other professional activities. The Department believes that, as a 
    general rule, a minimum of two years study of a language is needed 
    prior to this training. However, the Department also recognizes the 
    availability of two years of training in certain languages in this 
    country is very limited or non-existent. For this reason, 
    Sec. 664.14(a)(3) of the notice of proposed rulemaking included the 
    word ``generally'' to give the Department the flexibility to fund 
    projects for students with fewer than two years of language coursework. 
    The Department plans to consider these projects on a case-by-case 
    basis.
        Changes: None.
    
    Paperwork Reduction Act of 1995
    
        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 number. The valid OMB control numbers assigned to the 
    collection of information in these final regulations is displayed at 
    the end of the affected sections of these regulations.
    
    Assessment of Educational Impact
    
        In the NPRM the Secretary requested comments on whether the 
    proposed regulations would require transmission of information that is 
    being gathered by or is available from any other agency or authority of 
    the United States.
        Based on the response to the NPRM and on its own review, the 
    Department has determined that the regulations in this document do not 
    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
    
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        Note: The official version of this document is the document 
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    List of Subjects
    
    34 CFR Parts 662 and 663
    
        Colleges and universities, Education, Educational research, 
    Educational study programs, Fellowships, Reporting and recordkeeping 
    requirements.
    
    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: August 25, 1998.
    David A. Longanecker,
    Assistant Secretary for Postsecondary Education.
    
        The Secretary amends Chapter VI of 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.
    
    
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    (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 the remains of 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), 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, 81, 82, 85, and 86).
    
    (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 part 77:
    
    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
    
    [[Page 46363]]
    
    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. 662.21  What criteria does the Secretary use to evaluate an 
    application for a fellowship?
    
        (a) General. (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.
    
    (Approved by the Office of Management and Budget under control 
    number 1840-0005)
    
    (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, and 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?
    
    [[Page 46364]]
    
    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?
    
    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 the remains of 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), 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, 81, 82, 85, and 86).
    
    (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 part 77:
    
    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--
    
    [[Page 46365]]
    
        (a) Making fellowship application materials available to its 
    faculty;
        (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) General. (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.
    
    (Approved by the Office of Management and Budget under control 
    number 1840-0005)
    
    (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
    
    [[Page 46366]]
    
    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. 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, and 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, 80, 81, 82, 85, and 86).
    
    (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 that--
        (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 that is responsible for supervision of 
    the program covered by this part.
    
    (Authority: 22 U.S.C. 2452(b)(6), 2456)
    
    [[Page 46367]]
    
    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 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 46368]]
    
    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. (Approved by the Office of Management and Budget 
    under control number 1840-0068)
    
    (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.
        (c) The Secretary may pay--
        (1) Emergency medical expenses not covered by a participant's 
    health and accident insurance; and
        (2) The costs of preparing and transporting the remains of a 
    participant who dies during the term of a project to his or her former 
    home.
    
    (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, and Policy Statements of the 
    J. William Fulbright Foreign Scholarship Board, 1990)
    
    [FR Doc. 98-23262 Filed 8-28-98; 8:45 am]
    BILLING CODE 4000-01-P
    
    
    

Document Information

Effective Date:
9/30/1998
Published:
08/31/1998
Department:
Education Department
Entry Type:
Rule
Action:
Final regulations.
Document Number:
98-23262
Dates:
These regulations take effect September 30, 1998.
Pages:
46358-46368 (11 pages)
RINs:
1840-AC53
PDF File:
98-23262.pdf
CFR: (47)
34 CFR 664.14(a)(3)
34 CFR 662.1
34 CFR 662.2
34 CFR 662.3
34 CFR 662.4
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