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ests the institution might have are too the Foundation as may be designated remote or inconsequential to affect from time to time by the Director. the integrity of the services provided (b) “Act” means the National Sciby the National Science Board ence Foundation Act of 1950, as Member and therefore, generally amended (42 U.S.C. $$ 1861-1875). exempts them from the operation of (c) “Fellowship” (also referred to as section 208(a) and from the formal re- “Review Board” refer to the Panel and quirements of section 208(b)(1) of Foundation to an individual under secTitle 18, United States Code.
tion 10 of the Act. [44 FR 19407, Apr. 3, 1979)
(d) The terms “Review Panel” and
“Review board” refer to the Panel and DADT 610._DROCEDURES AND CRITE. Board defined in the regulations con
RIA FOR RESOLVING QUESTIONS tained in Part 630 of this chapter.
(e) "Director” means the Director of OR LOYALTY OF APPLICANTS FOR
the National Science Foundation. AND HOLDERS OF NATIONAL SCI
(f) “Oath or affirmation of alle
giance" means the oath or affirmation ENCE FOUNDATION FELLOWSHIPS
required under section 16(d)(1) of the Sec.
Act. 610.1 Purpose. 610.2 Definitions.
8 610.3 Separate consideration of profes610.3 Separate consideration of profession sional or academic qualifications and al or academic qualifications and affirm
affirmative declaration as to convicative declaration as to convictions or tions or pending criminal charges and pending criminal charges and allega allegations or complaints by third par
tions or complaints by third parties. 610.4 Substantive criteria. 610.5 Procedures; Special Review Commit- In order that objectivity may be tee.
maintained in the selection of candi610.6 Final decision.
dates (and in any decisions as to termiAUTHORITY: Sec. 11(a), 64 Stat. 153; 42 nation of a fellowship) on the basis of U.S.C. 1870.
scholarly achievement and potential, SOURCE: 29 FR 14540, Oct. 23, 1964, unless no advisory group or panel involved in otherwise noted.
making any recommendations as to
the selection of persons for Fellow8 610.1 Purpose.
ships, or in the making of any recomThis part establishes procedures and
mendations as to their retention as criteria, including an opportunity for a such Fellows, will be made aware of hearing by a Review Board established any affirmative or negative criminal pursuant to Part 630 of this title, for declarations made pursuant to section resolving questions arising as to 16(d)(1)(B) of the Act, nor of any whether the making or continuation other information (such as third-party of a National Science Foundation Fel- allegations) other than that developed lowship award would not be in the in connection with the submission and best interests of the United States on processing of the application for acagrounds involving the moral character demic considerations. or loyalty of the applicant for, or holder of, such fellowship.
8 610.4 Substantive criteria.
(a) A Fellowship award will be $ 610.2 Definitions.
denied or discontinued where: (1) The (a) “Special Review Committee" oath or affirmation of allegiance was (also referred to as “Committee") not taken or cannot be taken in good means a body composed of the follow faith; or (2) there is (i) a conviction of ing Foundation officials: The Deputy a crime involving moral turpitude, or Director, as chairman, the Associate (ii) conduct involving moral turpitude, Director (Scientific Personnel and unless in either case it is established Education) and the General Counsel, that the applicant or fellowship together with such additional persons, holder is, nevertheless, now a person if any, from sources within or outside of good moral character.
(b) These criteria are subject to con Science Board for a determination as tinuing review and may be revised to whether the fellowship should be from time to time as experience and denied or discontinued. If a hearing is circumstances may make it desirable. requested, the case will be submitted
by the Director to the Chairman of $ 610.5 Procedures; Special Review Com the Review Panel for handling in acmittee.
cordance with the regulations set (a) Affirmative declarations made forth in Part 630 of this chapter. The pursuant to section 16(d)(1)(B) of the National Science Foundation is Act or allegations and complaints by deemed to be the “constituent agency' third parties pertaining to any individ within the meaning of $ 630.2(e) of ual who is the holder of a Fellowship this chapter. “Applicable criteria” as or who has been tentatively selected defined in $ 630.2(j) of this cha for such a fellowship on the basis of refers to those set forth in § 610.4 and academic consideration shall be re- to manual or other issuances of the ferred to a Special Review Committee. National Science Foundation pertainThis Committee will make recommen- ing to denial or discontinuance of feldations to the Director as to whether lowship awards on grounds involving there is substantial reason (pertaining moral character or loyalty. to the moral character or loyalty of the individual concerned in accordance
$ 610.6 Final decision. with $ 610.4) for a belief that the The initial decision of a Review making or continuation of the award Board shall be forwarded by the Direcwould not be in the best interests of tor to the National Science Board, the United States. The Committee which shall then consider it and take may supplement the information re such action thereon as it shall deem to ferred to it by such correspondence, be appropriate. personal interviews or other informal methods as may be necessary in order
PART 611-NONDISCRIMINATION IN to make the aforementioned determi
FEDERALLY-ASSISTED PROGRAMS nation.
OF THE NATIONAL SCIENCE FOUN(b) If, after review of the recommendations of the Special Review Commit
DATION-EFFECTUATION OF TITLE tee, the Director is of the opinion that
VI OF THE CIVIL RIGHTS ACT OF there is substantial reason (pertaining
1964 to the moral character or loyalty of the individual concerned in accordance
611.1 Purpose. with § 610.4) for a belief that the
611.2 Application of part. making or continuation of the award
611.3 Discrimination prohibited. would not be in the best interests of
611.4 Assurances required. the United States, such individual 611.5 Illustrative applications. shall be advised by written notice that 611.6 Compliance information. a question or questions have arisen in 611.7 Conduct of investigations. volving moral character or loyalty,
611.8 Procedure for effecting compliance. and that upon request he will be af
611.10 Decisions and notices. forded a hearing thereon in accord
611.11 Judicial review. ance with Foundation regulations. A
611.12 Effect on other regulations; forms copy of the regulations under this part
and instructions. and a copy of Part 630 of this chapter 611.13 Definitions. shall be enclosed with the notice,
APPENDIX A which shall, in addition, (1) set forth, in as much detail and as specifically as
AUTHORITY: Secs. 11, 602, 64 Stat. 153, 78 considerations of security may permit,
Stat. 252; 42 U.S.C. 1870, 2000d-1. the information raising the questions SOURCE: 29 FR 16305, Dec. 4, 1964, unless pertaining to moral character or loyal- otherwise noted. ty and (2) advise that unless a request for a hearing is made within twenty
$ 611.1 Purpose. days of the mailing of such notice, the The purpose of this part is to effecmatter will be referred to the National tuate the provisions of Title VI of the
Civil Rights Act of 1964 (hereafter re- tual or other arrangements, on the ferred to as the “Act”) to the end that ground of race, color, or national no person in the United States shall, · origin: on the ground of race, color, or nation. (i) Deny an individual any service, fial origin, be excluded from participa- nancial aid, or other benefit provided tion in, be denied the benefits of, or be under the program; otherwise subjected to discrimination (ii) Provide any service, financial aid, under any program or activity receiv or other benefit to an individual which ing Federal financial assistance from is different, or is provided in a differthe National Science Foundation.
ent manner, from that provided to
others under the program; § 611.2 Application of part.
(iii) Subject an individual to segregaThis part applies to any program for tion or separate treatment in any which Federal financial assistance is matter related to his receipt of any authorized under a law administered service, financial aid, or other benefit by the Foundation, including the Fed under the program; erally-assisted programs and activities (iv) Restrict an individual in any listed in Appendix A of this part. It way in the enjoyment of any advanapplies to money paid, property trans tage or privilege enjoyed by others referred, or other Federal financial as ceiving any service, financial aid, or sistance extended under any such pro- other benefit under the program; gram after the effective date of the (v) Treat an individual differently regulation pursuant to an application from others in determining whether approved prior to such effective date. he satisfies any admission, enrollment, This part does not apply to (a) any quota, eligibility, membership or other Federal financial assistance by way of requirement or condition which indiinsurance or guaranty contract, (b) viduals must meet in order to be promoney paid, property transferred, or vided any service, financial aid, or other assistance extended under any other benefit provided under the prosuch program before the effective date gram; of this part, (c) any assistance to any (vi) Deny an individual an opportuindividual who is the ultimate benefi nity to participate in the program ciary under any such program, or (d) through the provision of services or any employment practice, under any otherwise or afford him an opportunisuch program, of any employer, em- ty to do so which is different from ployment agency, or labor organiza- that afforded others under the protion, except to the extent described in gram (including the opportunity to $ 611.3. The fact that a program or ac- participate in the program of an emtivity is not listed in the Appendix ployee but only to the extent set forth shall not mean, if Title VI of the Act is in paragraph (c) of this section). otherwise applicable, that such pro (2) A recipient, in determining the gram is not covered. Other programs types of services, financial aid, or under statutes now in force or hereaf other benefits, or facilities which will ter enacted may be added to this list be provided under any such program, by notice published in the FEDERAL or the class of individuals to whom, or REGISTER.
the situations in which, such services,
financial aid, other benefits, or facili$ 611.3 Discrimination prohibited.
ties will be provided under any such (a) General. No person in the United program, or the class of individuals to States, shall, on grounds of race, color, be afforded an opportunity to particior national origin be excluded from pate in any such program, may not diparticipation in, be denied the benefits rectly or through contractual or other of, or be otherwise subjected to dis- arrangements, utilize criteria or methcrimination under any program to ods of administration which have the which this part applies.
effect of subjecting individuals to dis(b) Specific discriminatory actions crimination because of their race, prohibited. (1) A recipient under any color, or national origin, or have the program to which this part applies effect of defeating or substantially immay not directly or through contrac- pairing accomplishment of the objec
tives of the program as respects indi- arrangements subject an individual to viduals of a particular race, color, or discrimination on the ground of race, national origin.
color, or national origin in its employ(3) In determining the site or loca- ment practices under such program tion of facilities, a recipient or appli- (including recruitment or recruitment cant may not make selections with the advertising, employment, layoff or terpurpose or effect of excluding individ- mination, upgrading, demotion, or uals from, denying them the benefits transfer, rates of pay or other forms of, or subjecting them to discrimina- of compensation and use of facilities), tion under any program to which this including programs where a primary regulation applies, on the grounds of objective of the Federal financial asrace, color, or national origin; or with sistance is (i) to assist such individuals the purpose or effect of defeating or through employment to meet exsubstantially impairing the accom- penses incident to the commencement plishment of the objectives of the Act or continuation of their education or or this regulation.
training or (ii) to provide work experi(4) As used in this section the serv- ence which contributes to the educaices, financial aid, or other benefits tion or training of such individuals. provided under a program receiving (2) Programs listed in Appendix A as Federal financial assistance shall be respects employment opportunities deemed to include any service, finan provided thereunder, or in facilities cial aid, or other benefit provided in or provided thereunder, which are limitthrough a facility provided with the ed, or for which preference is given, to aid of Federal financial assistance.
students, fellows, or other persons, in(5) The enumeration of specific cluding research associates, where in forms of prohibited discrimination in training for the same or related emthis paragraph and paragraph (c) of ployments, have one of the above purthis section does not limit the general- poses as a primary purpose. ity of the prohibition in paragraph (a) (3) The requirements applicable to of this section.
construction employment under any (6) This regulation does not prohibit such program shall be those specified the consideration of race, color, or na- in or pursuant to Part III of Executive tional origin if the purpose and effect Order 11246 or any Executive order are to remove or overcome the conse which supersedes it. quences of practices or impediments (4) Where a primary objective of the which have restricted the availability Federal financial assistance is not to of, or participation in, the program or provide employment, but discriminaactivity receiving Federal financial as tion on the grounds of race, color, or sistance, on the grounds of race, color, national origin in the employment or national origin. Where previous dis practices of the recipient or other percriminatory practice or usage tends, sons subject to the regulation tends, on the grounds of race, color, or na on the grounds of race, color, or national origin, to exclude individuals tional origin, to exclude individuals from participation in, to deny them from participation in, to deny them the benefits of, or to subject them to the benefits of, or to subject them to discrimination under any program or discrimination under any program to activity to which this regulation ap which this regulation applies, the proplies the applicant or recipient has an visions of paragraph (c)(3) of this secobligation to take reasonable action to tion shall apply to the employment remove or overcome the consequences practices of the recipient or other perof the prior discriminatory practice or sons subject to the regulation, to the usage, and to accomplish the purposes extent necessary to assure equality of of the Act.
opportunity to, and nondiscriminatory (c) Employment practices. (1) Where treatment of, beneficiaries. a primary objective of the Federal fi (d) Medical emergencies. Notwithnancial assistance to a program to standing the foregoing provisions of which this part applies is to provide this section, a recipient of Federal fiemployment, a recipient may not di- nancial assistance shall not be deemed rectly or through contractual or other to have failed to comply with para
graph (a) of this section if immediate tures, or improvements thereon, or inprovision of a service or other benefit terest therein, from the Federal Govto an individual is necessary to pre- ernment, the instrument effecting or vent his death or serious impairment recording the transfer shall contain a of his health, and such service or covenant running with the land assurother benefit cannot be provided ing nondiscrimination for the period except by or through a medical insti- during which the real property is used tution which refuses or fails to comply for a purpose for which the Federal fiwith paragraph (a) of this section.
nancial assistance is extended or for [29 FR 16305, Dec. 4, 1964, as amended at 38
another purpose involving the proviFR 17985, July 5, 1973]
sion of similar services or benefits.
Where no transfer of property or in$ 611.4 Assurances required.
terest therein from the Federal Gov(a) General. (1) Every application for
ernment is involved, but property is
ernment is in Federal financial assistance to carry
acquired or improved under a program out a program to which this part ap
of Federal financial assistance, the replies, and every application for Feder
cipient shall agree to include such coval financial assistance to provide a fa
enant in any subsequent transfer of cility shall, as a condition to its ap
such property. When the property is proval and the extension of any Feder
obtained from the Federal Governal financial assistance pursuant to the ment, such covenant may also include application, contain or be accompa- a condition coupled with a right to be nied by an assurance that the program reserved by the Foundation to revert will be conducted or the facility oper title to the property in the event of a
ed in compliance with all require. breach of the covenant where, in the ments imposed by or pursuant to this discretion of the responsible Foundapart. In the case where the Federal fi tion official, such a condition and nancial assistance is to provide or is in right of reverter is appropriate to the the form of personal property, or real program under which the real properproperty or interest therein or struc- ty is obtained and to the nature of the tures thereon, the assurance shall obli- grant and the grantee. In such event if gate the recipient, or, in the case of a a transferee of real property proposes subsequent transfer, the transferee, to mortgage or otherwise encumber for the period during which the prop- the real property as security for fierty is used for a purpose for which nancing construction of new, or imthe Federal financial assistance is ex- provement of existing facilities on tended or for another purpose involv- such property for the purposes for ing the provision of similar services which the property was transferred, and benefits, or for as long as the re the responsible Foundation official cipient retains ownership or possession may agree, upon request of the transof the property, whichever is longer. feree and if necessary to accomplish In all other cases the assurance shall such financing, and upon such condiobligate the recipient for the period tions as he deems appropriate, to subduring which Federal Financial assist- ordinate such right of reversion to the ance is extended pursuant to the ap- lien of such mortgage or other encumplication. The responsible Foundation brance. official shall specify the form of the (3) Transfers of surplus property are foregoing assurances for each program subject to regulations issued by the and the extent to which like assur- Administrator of the General Services ances will be required of subgrantees, Administration. (41 CFR 101-6.2.) contractors and subcontractors, suc- (b) Elementary and secondary cessors in interest, and other partici- schools. The requirements of parapants in the program. Any such assur graph (a) of this section with respect ance shall include provisions which to any elementary or secondary school give the United States a right to seek or school system shall be deemed to be its judicial enforcement.
satisfied if such school or school (2) In the case where Federal finan- system (1) is subject to a final order of cial assistance is provided in the form a court of the United States for the of a transfer of real property, struc- desegregation of such school or school