[Federal Register: August 31, 1998 (Volume 63, Number 168)]
[Rules and Regulations]               
[Page 46357-46368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au98-16]


[[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


[[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

[[Page 46359]]

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.

[[Page 46360]]

    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.

[[Page 46361]]

    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

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

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

    To use the pdf you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the pdf, call the U.S. Government Printing 
Office, at (202) 512-1530 or, toll free at 1-888-293-6498.
    Anyone may also view these documents in text copy only on an 
electronic bulletin board of the Department. Telephone: (202) 219-1511 
or, toll free, 1-800-222-4922. The documents are located under Option 
G--Files/Announcements, Bulletins and Press Releases.

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

List of Subjects

34 CFR Parts 662 and 663

    Colleges and universities, Education, Educational research, 
Educational study programs, 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.


[[Page 46362]]


(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