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(2) Providing to deaf persons, through such films, enriched educational and cultural experiences through which they can be brought into better touch with the realities of their environment; and

(3) Providing to deaf persons a wholesome and rewarding experience which they may share together.

(b) Such objectives are to be accomplished by acquiring and captioning films and by lending films for exhibition for nonprofit purposes under the conditions set forth in these regulations. § 150.3 Objectives of research, production of films, and training of per

sons.

(a) The objectives of providing for research in the use of educational and training films for deaf persons, for the production and distribution of such films, and for the training of persons in the use of films for deaf persons, are:

(1) To promote the academic, cultural and vocational advancement of deaf persons; and

(2) To foster on the part of hearing persons a better understanding of the problems encountered by deaf persons.

(b) Those objectives are to be accomplished by:

(1) Conducting or contracting for the conduct of research in the use of educational and training films for deaf persons;

(2) Producing or contracting for the production of such films;

(3) Providing materials, conducting conferences, and giving consultation and training, in the use of films for deaf persons; and

(4) Distributing, for nonprofit purposes under the conditions set forth in these regulations, educational and training films for deaf persons for exhibition to teachers and to professional workers with deaf persons.

§ 150.4 Applications to borrow films.

An application to borrow films shall be submitted on a form provided for that purpose, which may be obtained from Captioned Films for the Deaf, U.S. Office of Education, Department of Health, Education, and Welfare, Washington, D.C., 20202.

§ 150.5 Obligations of borrowers.

(a) The borrower shall be responsible for assuring that:

(1) No admission or other fee will be charged to anyone for the purpose of viewing the borrowed film;

(2) The borrowed film will not be exhibited by television without the prior approval of Captioned Films for the Deaf;

(3) The borrowed film will not be used in any manner that will infringe upon or violate any copyright interest;

(4) Exhibition of entertainment or general interest films will be limited to groups of deaf persons, or to individual deaf persons under conditions described in subparagraph (6) of this paragraph. (This does not preclude at exhibitions the occasional attendance of persons who are not deaf persons so long as the audience is composed predominately of deaf persons.)

(5) Educational and training films for deaf persons (as well as films of general interest which may be shown for the purpose of promoting better understanding, on the part of hearing persons, of deafness and the problems faced by deaf persons (may be exhibited to groups of deaf persons, to groups or individuals with hearing who may be working, or training to work, with deaf persons, such as teachers, professionals, interpreters and the like, or to individual deaf persons under conditions described in subparagraph (6) of this subparagraph.

(6) Borrowed captioned films may be exhibited to individual deaf persons only with the prior approval of Captioned Films for the Deaf. Such an approval will be granted, in the discretion of Captioned Films for the Deaf, when there are extenuating circumstances which preclude the individual deaf person from attending an exhibition for a group of deaf persons. Such extenuating circumstances include, among others:

(1) A demonstrated need for purposes of the education or training of a deaf person for the exhibition of captioned films in his home rather than at an exhibition for group of deaf persons, and

(ii) The physical disability, quarantine or isolation of the individual deaf person such as to make it impracticable for him to attend an exhibition for a group of deaf persons.

(7) The borrower will pay the transportation costs for the return of films as provided in subparagraph (6) of paragraph (b) of this section but will not be required to pay for their use.

(b) In order to benefit the greatest possible number of persons who may I wish to use films and to expedite the Et distribution of films:

(1) The borrower shall be responsible for the safekeeping of the borrowed film from the time of its receipt until it is I returned or delivered to a common carEtrier for return. The borrower may be

required to pay the replacement costs of any borrowed film that is lost or destroyed or to pay the cost of repairing damage occurring to a borrowed film during the period in which the borrower is responsible for the film's safekeeping.

(2) The borrower shall exercise care in the projection of films. This includes using a suitable projector and a qualified projectionist.

(3) The borrower shall not repair a borrowed film that is damaged nor rewind a borrowed film prior to its return.

(4) The borrower shall return any film primarily designed for entertainment purposes on the first day, other than a Sunday or holiday, following the scheduled date of exhibition. Return of the borrowed film may be delayed if the exhibition thereof is postponed because of late receipt of the film, but in any event the film shall be returned within 72 hours after its receipt.

(5) Educational and training films for deaf persons will be clearly labeled and designated as such, with the maximum time of retention indicated. The borrower shall return such a film within such period of time from the date of its receipt as is specified for the particular film.

(6) The borrower shall return any film in its containers (cans and shipping cases) and pay the return transportation costs. The addressed return label which will be furnished with each film loaned must be properly affixed to the conEtainer.

(7) The borrower shall, for each exhibition of each film borrowed, report the identity of the individual or group of deaf persons who viewed the film, the date of its exhibition, the number of = deaf persons and other persons present 1 at its exhibition, and the comments made by the individuals or the group. An appropriate reporting form will be sent to each borrower for each loan.

(c) The U.S. Office of Education reserves the right to refuse the additional loan of films to a borrower in the event of flagrant or persistent violation of the regulations in this part.

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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.

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(p) "State" means, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands.

(q) "State educational agency" means the State board of education or other agency or officer primarily responsible for the State's supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the governor or by State law.

(r) "Training staff" means persons whose duties are related to the preparation of other persons to engage in research and research related activities in the field of education.

Subpart B-Grants and Contracts § 151.3 Eligible parties.

Except as otherwise specifically provided in this part, an eligible party is a university or college or other public or private agency, institution, or organization, and an individual, provided that no private agency, organization, or institution other than a nonprofit one may receive a grant.

§ 151.4 Applications for grant.

An application for a grant of Federal financial assistance under this part must be filed with the Commissioner by the applicant and shall be executed by the applicant or an official or representative of the applicant duly authorized to make such application. The application shall contain such information as the Commissioner may require for any program under this part and shall provide any assurances which may be required. The Commissioner may require an applicant to file such additional information, documents, written statements, justification and exhibits as he may deem necessary. Where he deems it necessary or desirable for the efficient administration of a particular program, the Commissioner may require the applicant to submit a preliminary proposal for review and approval prior to the acceptance of the application required for any program. The Commissioner may also establish and announce "cut-off" dates for the filing of applications for any program where he deems it necessary for the efficient administration of the particular program.

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(a) Except as otherwise specified, application for each program will be considered as nearly as possible in the order in which they are received by the Commissioner.

(b) The Commissioner may at any time:

(1) Defer action on any application or on groups of applications;

(2) Institute priorities for the consideration and approval of applications, if in his judgment the funds available are not or may not be sufficient to cover the amounts requested in applications then pending, or if he determines that such action is necessary to promote or otherwise achieve the objectives of the Act and this part.

§ 151.6 Advice and recommendations on applications.

The Commissioner will, prior to the approval of any application under section 2(a) of the Act, obtain and consider the advice and recommendations of a panel of competent specialists who are not employees of the Federal

Government.

§ 151.7 Criteria.

In addition to whatever other criteria may be specified with regard to a particular program or project all applications will be evaluated on the basis of the following criteria:

(a) The soundness of program or project plan;

(b) The likelihood of securing productive results;

(c) The adequacy of resources to conduct the proposed program or project; and

(d) The relationship of the proposed program or project to other similar programs or projects already completed or in progress.

§ 151.8 Approval of applications.

After consideration of any application and the advice and recommendations of appropriate specialists as set forth in § 151.7 above, the Commissioner may approve or deny the application, or he may approve the application subject to conditions he deems necessary or desirable.

§ 151.9 Amount of grant.

The Commissioner may approve any application for the full amount of the grant requested, or for such lesser or

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Only public and private nonprofit universities and colleges and public and private nonprofit agencies, institutions and organizations are eligible parties under this subpart.

§ 151.26 Training grants.

Grants may be made by the Commissioner pursuant to section 2(b) of the Act and this subpart to eligible parties for the purposes of developing and strengthening their training staffs and curricular capabilities for such training. The Commissioner may authorize the use of such grants for the purpose of establishing and maintaining research traineeships, internships, personnel exchanges, and pre- and post-doctoral fellowships. Where the grantee is a State educational agency, it may provide such programs directly, or through arrangements with public or other nonprofit agencies, institutions, or organizations. No training grant will be made for training in sectarian instruction or for work to be done in an institution, or a department or branch of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects.

§ 151.27 Stipends and allowances.

In connection with training grants made under the Act and this Subpart, the Commissioner may authorize the payment of stipends and allowances (including but not limited to allowances for travel, dependents, and institutional allowances) in such amounts as he shall determine to be appropriate for a particular training program.

Subpart D-National and Regional Research Facilities

§ 151.28 Eligible parties.

Only a college or university or a public or private nonprofit agency, institution, or organization, or any combination of these, competent to engage in the national or regional research related activities for which a facility is to be constructed pursuant to the Act and this subpart is an eligible party under this subpart.

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As a condition to the approval of a construction grant, the applicant shall furnish an assurance acceptable to the Commissioner that:

(a) The applicant has the necessary legal authority to apply for and receive a construction grant and to construct. maintain, and operate the proposed facility in accordance with the provisions of the Act and this part.

(b) The applicant has or will have a fee simple or such other estate or interest in the proposed facility site, including access thereto, sufficient in the opinion of the Commissioner to assure undisturbed use and possession for the purpose of construction and operation of the proposed facility for a period of not less than fifty years from the date of acceptance of the award.

(c) The applicant has on hand, or is assured of obtaining sufficient funds to meet the non-Federal share of the cost of construction if the construction application requests or is approved for less than 100 percent of the cost of construction.

(d) The facility will be used only for research and research related purposes in accordance with the Act and this part for as long as the period of Federal interest therein.

(e) No portion of the facility financed in whole or in part with Federal funds will be used for religious worship or sectarian instruction or for research, research training, surveys, or demonstrations in the field of sectarian instruction or the dissemination of information derived therefrom.

§ 151.30 Fixed price contracts and competitive bidding.

Actual construction work is to be performed under fixed price contracts: competitive bidding will be invited prior to awarding the construction contract, either by public advertising or by obtaining three or more bids; the contract will be awarded to the responsible bidder submitting the lowest acceptable bid; and the concurrence of the Commissioner will be obtained before awarding a construction contract.

§ 151.31 Contract performance bonds.

The grantee shall require the contractor to furnish performance and payment bonds each of which shall be in the full amount of the contract price, and shall itself, or require the contractor to

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