Program the Commissioner will take into account the total increase in enrollment (or total enrollment in the case of a new program) anticipated at the end of the three year period of development of the Program. For the first year the Commissioner will allot that number of Fellowships that best facilitates the planned expansion of enrollment. New Fellowships may be allotted to provide for students enrolling in the program thereafter. After the first year in which Fellowships are allotted, however, the institution will be expected to assume increasing responsibility for the support of the continued increase in enrollment in the program. In the event of changed conditions, the Commissioner reserves the right to change the number of Fellowships allotted for any approved

program.

(j) Conditions for continued approval. The approval of a program is based upon information supplied by the applicant institution. The Commissioner may terminate or suspend his approval of any program which is not developed or operated substantially in accordance with such information, or in compliance with requirements of the Act and Regulations. The institution will promptly advise the Commissioner in writing whenever a material change is contemplated regarding any description or other information previously furnished the Commissioner in connection with the Approved Program.

§ 145.4 Payments to institutions.

Institutions are entitled to receive such amount (not to exceed $2,500 per Fellow per academic year) as the Commissioner determines to constitute that portion of the cost of the new program or of the expansion in an existing program which is reasonably attributable to each Fellowship holder enrolled therein. Payments to institutions will be made during a fiscal year on the basis of estimates for such year, and in such installments as the Commissioner may prescribe. § 145.5 Records substantiating

ments.

pay

Institutions entitled to payments under section 145.4 shall keep accessible and intact all records necessary to support claims for such payments: (a) For three years after the close of the fiscal year to which such records relate; or (b) until they are notified that such records are not needed for program administra

tion review; or (c) until they are notified of the completion of the Department's fiscal audit, whichever is later. The records involved in any claims which have been questioned shall be further maintained until necessary adjustments have been made and the adjustments have been reviewed and cleared by the Department.

§ 145.6 Award of fellowships to individuals.

(a) Applications. An individual shall submit his application for a Fellowship through the institution operating the Approved Program in which he wishes to study.

(b) Nominations. From among those accepted for study in an Approved Program, the institution shall make nominations to the Commissioner. The institution shall give preference to those interested in becoming teachers in institutions of higher education. Wherever possible the institution should nominate alternates in addition to the regular nominations.

(c) Eligibility of individuals for nomination. A person may be nominated only if it is determined that at the time he is to commence study under the Fellowship he will have completed the requirements for the baccalaureate degree or its equivalent, and in the case of a 3-year Fellowship, that he will have completed no more than one half year of study beyond the baccalaureate degree creditable toward the degree to be awarded upon successful completion of his course of study in the Approved Program. A limited number of persons who have completed one or two years of graduate study will be awarded two and one year Fellowships respectively.

(d) Citizenship. To be eligible for a Fellowship, a person must be a citizen or national of the United States, or have such immigration status and personal plans as to indicate that he is in the United States for other than a temporary purpose.

(e) Award by the Commissioner. The Commissioner will award Fellowships to individuals selected by him from among those nominated as described in paragraph (b) of this section and each individual nominated will be advised as soon as practicable of the action taken by the Commissioner on his nomination. Awards are normally made during the academic year preceding the year in which study under a Fellowship is to be

gin. Fellowships will be for study in the program for which the Fellow was nominated or in such other Approved Program as the Commissioner may permit.

(f) Period of fellowship award. Each Fellowship shall be for a period not to exceed three consecutive academic years beginning with the academic year indicated in the award; except that, on the application of the Fellowship holder, forwarded to the Commissioner with the recommendation of the institution, the Commissioner may waive the requirement of consecutive years for good cause, such as illness, or involuntary induction into the Armed Services, or other circumstances deemed by the Commissioner to be consistent with the objectives of the program.

(g) Payments conditioned on appropriation. Fellowship payments after the first year of the Fellowship period are conditioned on the availability of appropriations therefor. Normally, payments during an academic year are made from an appropriation for the preceding fiscal year.

§ 145.7

Payments of stipends.

(a) Amount. Each person awarded a Fellowship shall receive a stipend of (1) $2,000 for the first academic year level of study in an Approved Program; $2,200 for the second such year; and $2,400 for the third such year; and (2) $400 for each such year on account of each of his dependents, as defined in paragraph (c) of this section.

(b) Installments. Stipends will be paid by the Commissioner in installments which will cover a specific period of the academic year, but only upon certification by the institution, at such times as the Commissioner may prescribe, that the Fellow is enrolled and in good standing. An individual will not be entitled to any such installment with respect to any period during which he is ineligible as described in paragraph (c) of this section. If dependency begins during the first half of an installment period a Fellow is entitled to the amount payable for an entire installment period on account of such dependent. If dependency begins in the second half of an installment period, a Fellow is entitled to half of the amount payable for the enitre installment period.

(c) Dependents. A dependent is an individual who receives one-half or more of his support from the Fellow and

either, (1) is a spouse, child (including step-child), or parent (including stepparent or parent-in-law) of the Fellow or (2) is one for whose support the Fellow is legally responsible.

(d) Oath and affidavit. In conformity with section 1001 (f) of the Act, no stipend may be paid to an individual unless there is on file with the Commissioner the following duly executed oath and affidavit on the form prescribed by the Commissioner:

do

I, (Type or print full name of applicant) solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and will support and defend the Constitution and laws of the United States of America against all its enemies, foreign and domestic.

I, the above-named, do solemnly swear (or affirm) that I do not believe in, and am not a member of and do not support any organization that believes in or teaches, the overthrow of the United States Government by force or violence or by any illegal or unconstitutional methods.

I hereby authorize and cause this affidavit to be filed with the United States Commissioner of Education, in conformity with section 1001 (f) of the National Defense Education Act of 1958, and certify that the statements made by me herein are true to the best of my knowledge and belief.

(e) Conditions for continued eligibility. In order to remain eligible for a stipend, (1) the Fellow must maintain satisfactory proficiency in his work in the approved program; (2) the Fellow must not receive simultaneous payments, except to the extent permitted in paragraph (f) of this section, under other Federal educational benefit programs; and (3) the Fellow must continue to carry the normal institutional and departmental full workload without gainful employment, except as provided in paragraph (g) of this section.

(f) Other Federal education benefits. A person receiving assistance under Public Law 550 (Veterans Readjustment Assistance Act of 1952) or receiving any other direct Federal educational benefit, may not, concurrently, receive a stipend. However, Fellows are eligible to apply for loans under the National Defense Student Loan Program, Title II of the Act.

(g) Outside or part-time work. A Fellow may not engage in gainful employment during the period of his Fellowship, except that a Fellow holding a three or two year fellowship may be

employed by the institution in which he is enrolled, in teaching or research determined to be beneficial to his academic program, up to one-fourth time during no more than one of such academic years. The Commissioner may approve a longer time upon written application, submitted by the Fellow and approved by his advisor and the Dean of the Graduate School, setting forth the need of the Fellow for such employment and its relation to his academic program. A person appointed to a one-year Fellowship may not engage in any gainful employment during the period of his Fellowship. These limitations with respect to employment do not apply to any periods of time falling between academic years.

(h) Changes in circumstances. The : Fellowship holder shall report promptly : in writing to the institution regarding any change which might relate to a condition of continued eligibility, except that, in case of change in the number or status of dependents, he shall report in writing directly to the Commissioner. $ 145.8 Reports by institutions of higher education.

Each institution of higher education with an approved graduate program shall promptly report in writing to the Commissioner any change in the continued eligibility of the Fellowship holder studying at such institution. The institution shall maintain reasonable procedures designed to provide it with the information required for such reports. In addition, the institution shall make such other reports relevant to the administration of the Approved Programs as the Commissioner may require.

$ 145.9 Fellowships awarded after September 22, 1961.

After September 22, 1961, no graduate programs shall be approved under § 145.3 and no fellowships shall be awarded initially under § 145.6 unless there has been a finding by the Commissioner that the fields of graduate study which would be supported by such approvals or awards are those where there is the most urgent need to train college-level teachers in order to insure trained manpower of sufficient quality and quantity to meet the national defense needs of the United States.

[27 FR. 47, Jan. 4, 1962]

PART 146-NATIONAL DEFENSE FOREIGN LANGUAGE FELLOWSHIPS

§ 146.1 Other service of a public nature.

(a) Section 601(b) of title VI of the National Defense Education Act of 1958, Public Law 85-864, as amended, 72 Stat. 1593, 20 U.S.C. 511, authorizes the United States Commissioner of Education to award stipends (National Defense Foreign Language Fellowships) to individuals undergoing advanced training in certain modern foreign languages, but only upon reasonable assurance that the recipients of such fellowships “will, on completion of their training, be available for teaching a modern foreign language in an institution of higher education or for such other service of a public nature as may be permitted in regulations of the Commissioner." "Other service of a public nature" is in general defined to mean participation in a professional or technical activity, either Governmental or non-Governmental, (1) which contributes significantly to the conduct of the Nation's economic, cultural, educational, scientific, or political relations with other peoples, and (2) in which competency in the language for which the fellowship is awarded is highly desirable.

(b) Fellowships awarded on the basis of the "other service of a public nature” authorization are presently limited to individuals who will be available for such of the following services as meet the criteria of the last sentence of paragraph (a) of this section: (1) Teaching in an institution of higher education, (2) employment in a professional or technical activity of the United States Government or an instrumentality or other agency thereof, or of a voluntary nonprofit, nonsectarian organization, or (3) employment in a professional or technical activity of a multilateral international organization in which the United States Government participates.

(c) The activities described in subparagraphs (1) and (3) of paragraph (b) of this section have been determined to meet, prima facie, the criterion of subparagraph (1) of paragraph (a) of this section.

(Secs. 601, 1001; 72 Stat. 1593, 1602; 20 U.S.O. 511, 581) [26 F.R. 9996, Oct. 25, 1961]

(a) "Special Review Committee" (also referred to as "Committee") means a committee, to be appointed from time to time by the Commissioner, composed of not less than three members, at least two of which shall be selected from a panel consisting of the Associate Commissioner for Higher Education, the Deputy Associate Commissioner for Higher Education and the Executive Officer and Division and Branch Directors of the Bureau of Higher Education, Office of Education.

(b) "Act" means the National Defense Education Act of 1958, as amended (20 U.S.C. 401).

(c) "NDEA Fellowship" (also referred to as "fellowship" and as "award") means an award made by the Commissioner to an individual under Title IV or under section 601(b) of the Act.

(d) The terms "Departmental Fellowship Review Panel" and "Departmental Fellowship Review Board" refer to the

Panel and Board defined in the departmental regulations (Part 10 of this title). (e) The terms "Department" and "departmental" refer to the Department of Health, Education, and Welfare.

(f) "Commissioner" means the Commissioner of Education, Department of Health, Education, and Welfare.

(g) "Oath or affirmation of allegiance" means the oath or affirmation required under section 1001(f) (1) of the Act.

[28 F.R. 8409, Aug. 16, 1963, as amended at 30 F.R. 13575, Oct. 26, 1965]

§ 147.3 Separate consideration of professional or academic qualifications and affirmative declarations as to convictions or pending criminal charges and allegations or com. plaints by third parties.

In order that objectivity may be maintained in the selection of candidates (and in any decisions as to termination of a fellowship) on the basis of scholarly achievement and potential, no advisory group or panel involved in making any recommendations as to the selection of persons for NDEA Fellowship, or in the making of any recommendations as to their retention as such Fellows, will be made aware of any affirmative or negative criminal declarations made pursuant to section 1001 (f) (2) of the Act, nor of any other information (such as thirdparty allegations) other than that developed in connection with the submission and processing of the application for academic considerations.

§ 147.4 Substantive criteria.

(a) An NDEA Fellowship award will be denied or discontinued where: (1) The oath or affirmation of allegiance was not taken or cannot be taken in good faith; or (2) there is (i) a conviction of a crime involving moral turpitude, or (ii) conduct involving moral turpitude, unless it is established that the applicant or fellowship holder is, nevertheless, now a person of good moral character.

(b) These criteria are subject to continuing review and may be revised from time to time as experience and circumstances may make it desirable.

§ 147.5 Procedure: Special Review Committee.

(a) Affirmative declarations made pursuant to section 1001 (f) (2) of the Act or allegations and complaints by third parties pertaining to any in

dividual who is the holder of an NDEA Fellowship or who has been tentatively selected for such a fellowship on the basis of academic consideration shall be referred to a Special Review Committee. This Committee will make recommendations to the Commissioner as to whether there is substantial reason (pertaining to the moral character or loyalty of the individual concerned in accordance with § 147.4) for a belief that the making or continuation of the award would be not in the best interests of the United States. The Committee may supplement the information referred to it by such correspondence, personal interviews or other informal methods as may be necessary in order to make the aforementioned determination.

(b) If, after review of the recommendations of the Special Review Committee, the Commissioner is of the opinion that there is substantial reason (pertaining to the moral character or loyalty of the individual concerned in accordance with § 147.4) for a belief that the making or continuation of the award would be not in the best interests of the United States, such individual shall be advised by written notice that a question or questions have arisen involving moral character or loyalty, and that upon request he will be afforded a hearing thereon in accordance with departmental regulations. A copy of the regulations under this part and a copy of the departmental regulations (Part 10 of this title), shall be enclosed with the notice, which shall, in addition, (1) set forth, in as much detail and as specifically as considerations of security may permit, the information raising the questions pertaining to moral character or loyalty and (2) advise that unless a request for a hearing is made within 20 days of the mailing of such notice, the fellowship will be denied or discontinued. If a hearing is requested, the case will be submitted by the Commissioner to the Chairman of the Departmental Fellowship Review Panel for handling in accordance with the departmental regulations.

As used in this Part 150:

(a) "Act" means Public Law 85-905, 72 Stat. 1742, approved September 2, 1958, as amended (42 U.S.C. 2491-2494).

(b) "Borrower" means an individual or a group of persons certified by the U.S. Office of Education to be eligible to use captioned films for the deaf.

(c) "Deaf person" means a person whose hearing is so severely impaired as to be non-functional for the ordinary purposes of living.

(d) "Film" means a sound or silent motion picture or kinescope, a filmstrip (with or without accompanying sound, disc, tape or film), slides, and transparencies.

(e) "Group of deaf persons" means a class, club, school or other gathering of three or more deaf persons.

(f) "Nonprofit purposes" means that the exhibition of films borrowed pursuant to the Act is not intended to result in monetary gain or other tangible economic benefit to the individual, institution, or organization borrowing or exhibiting such films. The payment of reasonable rent for the use of equipment or meeting place for such an exhibition, or reasonable payment for the hire of a projectionist does not prevent an exhibition from being one for nonprofit purposes.

(g) "United States" means the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the other insular possessions of the United States.

§ 150.2 Objectives of the loan service.

(a) The objectives of the loan of captioned films under the Act are to promote the general welfare of deaf persons by:

(1) Bringing to deaf persons understanding and appreciation of those films which play such an important part in the general and cultural advancement of hearing persons;