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(2) Providing to deaf persons, (1) No admission or other fee will be through such films, enriched educational charged to anyone for the purpose of and cultural experiences through which viewing the borrowed film; they can be brought into better touch (2) The borrowed film will not be with the realities of their environment; exhibited by television without the prior and

approval of Captioned Films for the (3) Providing to deaf persons a whole Deaf; some and rewarding experience which (3) The borrowed film will not be they may share together.

used in any manner that will infringe (b) Such objectives are to be accom upon or violate any copyright interest; plished by acquiring and captioning (4) Exhibition of entertainment or films and by lending films for exhibi general interest films will be limited to tion for nonprofit purposes under the groups of deaf persons, or to individual conditions set forth in these regulations. deaf persons under conditions described

in subparagraph (6) of this paragraph. § 150.3 Objectives of research, produc

(This does not preclude at exhibitions tion of films, and training of per

the occasional attendance of persons who sons.

are not deaf persons so long as the audi(a) The objectives of providing for ence is composed predominately of deaf research in the use of educational and persons.) training films for deaf persons, for the (5) Educational and training films for production and distribution of such films, deaf persons (as well as films of general and for the training of persons in the interest which may be shown for the puruse of films for deaf persons, are:

pose of promoting better understanding, (1) To promote the academic, cul on the part of hearing persons, of deaftural and vocational advancement of ness and the problems faced by deaf perdeaf persons; and

sons (may be exhibited to groups of deaf (2) To foster on the part of hearing persons, to groups or individuals with persons a better understanding of the hearing who may be working, or training problems encountered by deaf persons. to work, with deaf persons, such as

(b) Those objectives are to be accom teachers, professionals, interpreters and plished by:

the like, or to individual deaf persons un. (1) Conducting or contracting for the der conditions described in subparagraph conduct of research in the use of edu (6) of this subparagraph. cational and training films for deaf (6) Borrowed captioned films may be persons;

exhibited to individual deaf persons only (2) Producing or contracting for the with the prior approval of Captioned production of such films;

Films for the Deaf. Such an approval (3) Providing materials, conducting will be granted, in the discretion of Capconferences, and giving consultation and tioned Films for the Deaf, when there are training, in the use of films for deaf extenuating circumstances which prepersons; and

clude the individual deaf person from (4) Distributing, for nonprofit pur attending an exhibition for a group of poses under the conditions set forth in deaf persons. Such extenuating circumthese regulations, educational and train stances include, among others: ing films for deaf persons for exhibi (1) A demonstrated need for purtion to teachers and to professional poses of the education or training of a workers with deaf persons.

deaf person for the exhibition of cap

tioned films in his home rather than & 150.4 Applications to borrow films.

at an exhibition for a group of deaf perAn application to borrow films shall sons, and be submitted on a form provided for (ii) The physical disability, quarantine that purpose, which may be obtained or isolation of the individual deaf person from Captioned Films for the Deaf, U.S. such as to make it impracticable for him Office of Education, Department of

to attend an exhibition for a group of Health, Education, and Welfare, Wash

deaf persons. ington, D.C., 20202.

(7) The borrower will pay the trans

portation costs for the return of films $ 150.5 Obligations of borrowers.

as provided in subparagraph (6) of para(a) The borrower shall be responsible graph (b) of this section but will not be for assuring that:

required to pay for their use.

(b) In order to benefit the greatest PART 151- FEDERAL FINANCIAL ASpossible number of persons who may SISTANCE FOR RESEARCH AND REwish to use films and to expedite the

SEARCH RELATED ACTIVITIES IN distribution of films: (1) The borrower shall be responsible

THE FIELD OF EDUCATION AND for the safekeeping of the borrowed film FOR CONSTRUCTION OF NAfrom the time of its receipt until it is TIONAL AND REGIONAL RESEARCH returned or delivered to a common car FACILITIES rier for return. The borrower may be required to pay the replacement costs of

Subpart A-General Provisions any borrowed film that is lost or de

Sec. stroyed or to pay the cost of repairing 151.1 Scope and purpose. damage occurring to a borrowed film 151.2 Definitions.

during the period in which the borrower is responsible for the film's safekeeping.

Subpart B-Grants and Contracts (2) The borrower shall exercise care 151.3 Eligible parties. in the projection of films. This includes 151.4 Applications for grant. using a suitable projector and a quali 151.5 Priorities. fied projectionist.

151.6 Advice and recommendations on ap(3) The borrower shall not repair a

plications,

151.7 Criteria. · borrowed film that is damaged nor re

151.8 Approval of applications. wind a borrowed film prior to its return.

151.9 Amount of grant. (4) The borrower shall return any film 151.10 Acceptance of grant. primarily designed for entertainment 151.11 Revocation of grant. purposes on the first day, other than a 151.12 Termination of grant. Sunday or holiday, following the sched 151.13 Grant payment procedures. uled date of exhibition. Return of the

151.14 Allowable costs.

151.15 Effect of payments. borrowed film may be delayed if the

151.16 Estimates and reports. exhibition thereof is postponed because

151.17 Interest on Federal grants. of late receipt of the film, but in any

151.18 Records. event the film shall be returned within 72 151.19 Copyrights and patents. hours after its receipt.

151.20 Title to equipment. (5) Educational and training films for 151.21 Contracts deaf persons will be clearly labeled and 151.22 Subcontracts. designated as such, with the maximum 151.23 Animal care. time of retention indicated. The bor

151.24 Transfer of funds. 1 rower shall return such a film within

Subpart C-Training such period of time from the date of its

receipt as is specified for the particular 151.25 Eligible parties. | film.

151.26 Training grants. (6) The borrower shall return any

151.27 Stipends and allowances. | film in its containers (cans and shipping

Subpart D-National and Regional Research cases) and pay the return transportation

Facilities costs. The addressed return label which will be furnished with each film loaned 151.28 Eligible parties. must be properly affixed to the con

151.29 Assurances. tainer.

151.30 Fixed price contracts and competi

tive bidding. (7) The borrower shall, for each exhibition of each film borrowed, report

151.31 Contract performance bonds.

151.32 Davis-Bacon Act. the identity of the individual or group

151.33 Antikickback. of deaf persons who viewed the film, the date of its exhibition, the number of

151.34 Equal employment opportunity.

151.35 Conflict of interest. | deaf persons and other persons present

151.36 Commissioner's approval. | at its exhibition, and the comments

151.37 Initiation of construction. made by the individuals or the group. 151.38 Construction supervision. An appropriate reporting form will be 151.39 Change requests. sent to each borrower for each loan. 151.40 Inspection.

(c) The U.S. Office of Education re 151.41 Warranty period. serves the right to refuse the additional 151.42 Progress reports. loan of films to a borrower in the event 151.43 Payment schedule. of flagrant or persistent violation of the 151.44 Excess payments. regulations in this part.

151.45 Transfer of title.

greater amount as he may deem necessary or desirable for the completion of the approved program or project. § 151.10 Acceptance of grant.

In each case where an application shall be approved by the Commissioner, he shall notify the applicant in writing of such approval and the conditions imposed on the grant, if any. The applicant shall inform the Commissioner of its acceptance of the grant within 30 days of receipt of the Commissioner's notice of application approval and the grant shall not be effective until receipt of the applicant's acceptance by the Commissioner. Failure to accept the grant within this period will permit the Commissioner to rescind the grant without further notice to the applicant. & 151.11 Revocation of grant,

(a) Any effective grant may be revoked by the Commissioner on any of the following grounds:

(1) Failure of the grantee to commence the approved program or project within a reasonable period of time.

(2) Failure of the grantee, in a noncontinuing type of program or project, to complete the program or project within a reasonable period of time.

(3) Failure of the grantee to use Federal funds for the purposes for which granted.

(4) Failure to comply with any grant requirement or condition or any requirement of State or Federal law.

(b) If an effective grant is revoked pursuant to this part, the Commissioner will pay no further Federal funds to the grantee under that grant and may take whatever steps he deems necessary or desirable to protect the Federal financial Interest. 151.12 Termination of grant.

(a) Any effective grant may be terminated by the Commissioner where he determines that the program or project is no longer susceptible of productive results.

(b) Where action is taken under this section, the Commissioner may authorize the expenditure of Federal funds in such amounts as he may deem necessary for the purposes of terminating the program or project financed by the grant which is being terminated. § 151.13 Grant payment procedures.

Payments of grants will be made from time to time in such amounts as may be

determined by the Commissioner to be needed to reimburse grantees for costs incurred or to be incurred in carrying out of the approved program or project. Such amounts will be determined on the basis of requests for reimbursement submitted by grantees, cost estimates which may have been submitted, and such other information as the Commissioner may request or have available. For payment procedures with regard to construction programs or projects, see § 151.44. § 151.14 Allowable costs.

Allowable costs for any approved program or project shall be determined in accordance with, and governed by, the principles and procedures set forth in Bureau of Budget Circular No. A21 or such other Federal requirements concerning cost determination that may be applicable. & 151.15 Effect of payments.

Neither the approval of any application or administrative budget nor any payment to a grantee shall be deemed to waive the right or duty of the Commissioner to withhold funds by reason of the failure of the grantee to observe, before or after such administrative action, any Federal requirement. & 151.16 Estimates and reports.

An applicant or grantee may be required to submit, in addition to any other requirements of this part, in accordance with procedures established by the Commissioner:

(1) A description of activities to be carried on during the fiscal year;

(2) A statement of estimated total expenditures for activities to be carried on during the fiscal year, and where estimated amounts exceed the amount of available Federal funds, the availability of other funds to pay the non-Federal share of estimated costs;

(3) A report of total expenditures made during the fiscal year at the end of the fiscal year; and

(4) Such other estimates and reports as the Commissioner may deem necessary to account properly for Federal funds. 8 151.17

Interest on Federal grants. Interest earned on grants made under this part shall be credited to the United States. The grantee shall submit as a part of any annual financial report a statement showing the amount

(p) "State" means, in addition to the § 151.5 Priorities. several States of the Union, the Com

(a) Except as otherwise specified, apmonwealth of Puerto Rico, the District

plication for each program will be conof Columbia, Guam, American Samoa,

sidered as nearly as possible in the order and the Virgin Islands.

in which they are received by the (q) "State educational agency” means Commissioner. the State board of education or other (b) The Commissioner may at any agency or officer primarily responsible time: for the State's supervision of public ele- (1) Defer action on any application or mentary and secondary schools, or, if

on groups of applications; there is no such officer or agency, an offi- (2) Institute priorities for the concer or agency designated by the governor

sideration and approval of applications, or by State law.

if in his judgment the funds available (r) "Training staff” means persons are not or may not be sufficient to cover whose duties are related to the prepara- the amounts requested in applications tion of other persons to engage in re- then pending, or if he determines that search and research related activities in such action is necessary to promote or the field of education.

otherwise achieve the objectives of the

Act and this part. Subpart B-Grants and Contracts

§ 151.6 Advice and recommendations on & 151.3 Eligible parties.

applications. Except as otherwise specifically pro

The Commissioner will, prior to the vided in this part, an eligible party is a approval of any application under secuniversity or college or other public or

tion 2(a) of the Act, obtain and conprivate agency, institution, or organiza- sider the advice and recommendations tion, and an individual, provided that of a panel of competent specialists who no private agency, organization, or in

are not employees of the Federal stitution other than a nonprofit one may

Government. receive a grant.

§ 151.7 Criteria. $ 151.4 Applications for grant.

In addition to whatever other criteria An application for a grant of Federal

may be specified with regard to a parfinancial assistance under this part must

ticular program or project all applica

tions will be evaluated on the basis of be filed with the Commissioner by the

the following criteria: applicant and shall be executed by the

(a) The soundness of program or applicant or an official or representative of the applicant duly authorized to make

project plan;

(b) The likelihood of securing prosuch application. The application shall

ductive results; contain such information as the Commissioner may require for any program

(c) The adequacy of resources to con

duct the proposed program or project; under this part and shall provide any

and assurances which may be required. The

(d) The relationship of the proposed Commissioner may require an applicant

program or project to other similar proto file such additional information, docu- grams or projects already completed or ments, written statements, justification in progress. and exhibits as he may deem necessary.

$ 151.8 Approval of applications. Where he deems it necessary or desirable for the efficient administration of a par

After consideration of any application ticular program, the Commissioner may

and the advice and recommendations of require the applicant to submit a pre

appropriate specialists as set forth in liminary proposal for review and ap

$ 151.7 above, the Commissioner may proval prior to the acceptance of the

approve or deny the application, or he application required for any program.

may approve the application subject to

conditions he deems necessary or The Commissioner may also establish

desirable. and announce "cut-off” dates for the filing of applications for any program

§ 151.9 Amount of grant. where he deems it necessary for the effi- The Commissioner may approve any cient administration of the particular application for the full amount of the program.

grant requested, or for such lesser or Subpart 6-Training

$ 151.29 Assurances.

As a condition to the approval of a § 151.25 Eligible parties.

construction grant, the applicant shall Only public and private nonprofit uni- furnish an assurance acceptable to the versities and colleges and public and Commissioner that: private nonprofit agencies, institutions (a) The applicant has the necessary and organizations are eligible parties legal authority to apply for and receive under this subpart.

a construction grant and to construct,

maintain, and operate the proposed § 151.26 Training grants.

facility in accordance with the provisions Grants may be made by the Commis- of the Act and this part. sioner pursuant to section 2(b) of the (b) The applicant has or will have a Act and this subpart to eligible parties fee simple or such other estate or interest for the purposes of developing and in the proposed facility site, including strengthening their training staffs and access thereto, sufficient in the opinion curricular capabilities for such training.

of the Commissioner to assure undisThe Commissioner may authorize the

turbed use and possession for the puruse of such grants for the purpose of

pose of construction and operation of establishing and maintaining research

the proposed facility for a period of not traineeships, internships, personnel ex

less than fifty years from the date of changes, and pre- and post-doctoral fel- acceptance of the award. lowships. Where the grantee is a

(c) The applicant has on hand, or is State educational agency, it may provide

assured of obtaining sufficient funds to such programs directly, or through

meet the non-Federal share of the cost arrangements with public or other non- of construction if the construction appliprofit agencies, institutions, or organi

cation requests or is approved for less zations. No training grant will be made

than 100 percent of the cost of confor training in sectarian instruction or

struction. for work to be done in an institution, or a (d) The facility will be used only for department or branch of an institution,

research and research related purposes whose program is specifically for the

in accordance with the Act and this part education of students to prepare them for as long as the period of Federal into become ministers of religion or to

terest therein. enter upon some other religious vocation (e) No portion of the facility financed or to prepare them to teach theological

in whole or in part with Federal funds subjects.

will be used for religious worship or

sectarian instruction or for research, re§ 151.27 Stipends and allowances,

search training, surveys, or demonstraIn connection with training grants

tions in the field of sectarian instruction made under the Act and this Subpart,

or the dissemination of information the Commissioner may authorize the

derived therefrom. payment of stipends and allowances (in- § 151.30 Fixed price contracts and comcluding but not limited to allowances petitive bidding. for travel, dependents, and institutional

Actual construction work is to be perallowances) in such amounts as he shall

formed under fixed price contracts; determine to be appropriate for a particular training program.

competitive bidding will be invited prior

to awarding the construction contract, Subpart D-National and Regional

either by public advertising or by obResearch Facilities

taining three or more bids; the contract

will be awarded to the responsible bidder $ 151.28 Eligible parties.

submitting the lowest acceptable bid;

and the concurrence of the CommisOnly a college or university or a public

sioner will be obtained before awarding or private nonprofit agency, institution,

a construction contract. or organization, or any combination of these, competent to engage in the

$ 151.31 Contract performance bonds. national or regional research related ac- The grantee shall require the contivities for which a facility is to be con- tractor to furnish performance and paystructed pursuant to the Act and this ment bonds each of which shall be in the subpart is an eligible party under this full amount of the contract price, and subpart.

shall itself, or require the contractor to

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