PROGRAMS TO WHICH THIS PART APPLIES 1 1. Support of basic scientific research. 2. Development and implementation of institutional science programs. A. Institutional base grants. B. Instructional equipment for undergraduate education. C. Graduate science facilities. 3. Support of specialized research facilities. B. Research participation and science activities for teachers. C. Science education for undergraduate students. D. Science education for secondary students. E. Specialized advanced science education projects. F. Cost of education payments to universities. PART 630-FELLOWSHIP REVIEW PANEL Sec. Definitions. 630.3 Fellowship Review Panel; Fellowship Review Board; in general. 630.4 Procedural safeguards. 630.5 Hearing before Fellowship Review Board or a Hearing Officer. 630.6 Preliminary decision; initial decision; final action. 630.7 Notice to the individual concerned and opportunity to submit comment on preliminary decision and initial decision. AUTHORITY: The provisions of this Part 630 issued under sec. 11(a), 64 Stat. 153; 42 U.S.C. 1870. 1 All the above programs listed are conducted pursuant to authority contained in the National Science Foundation Act of 1950, as amended, 42 U.S.C. 1861-1875. (a) "Fellowship Review Panel" (also) referred to as "Panel") means a panel of from nine to twelve members selected by the Director, with the approval of the National Science Board, for such terms as may be designated by him, which shall include at least four representatives of the legal discipline and at least four representatives of the field of higher education. At least eight members of the Panel shall be selected from sources outside the Foundation. (b) "Panel Chairman" means one of the panel members designated by the Director, with the approval of the National Science Board, to serve as Chairman of the Panel for such time as shall be indicated in the designation. (c) "Fellowship Review Board" means not less than three members of the Panel designated by the Panel Chairman for the consideration of one or more cases submitted by the Director. At least two Fellowship Review Board members shall be persons other than employees of the Foundation, and the Fellowship Review Board shall include at least one representative of the legal discipline and one from the field of higher education. In no event shall anyone who participated in any previous consideration of a case be eligible to serve on a board in connection with its consideration of that case. The Panel Chairman may desig-" nate himself as one of the members of a Fellowship Review Board or as the Chairman thereof. (d) "Fellowship Review Board Chairman" means a member of a Fellowship Review Board who has been designated as Chairman of such Board by the Panel Chairman. (e) "Foundation" means the National Science Foundation. (f) "Submission means a referral (of in individual's request for a hearing) by he Director pursuant to § 610.5 of this hapter. (g) "Preliminary decision" means the ecommended decision, including findags of fact and conclusions reached in he light of the applicable criteria, preared by a Hearing Officer and submitted o the Fellowship Review Board. (h) "Initial decision" means the recmmended decision of the Fellowship leview Board, which shall include (1) indings of fact and conclusion reached a the light of the applicable criteria and then applicable, (2) the reasons for any hanges or modifications made by the 'ellowship Review Board in a prelimnary decision. (i) "Director" means the Director of he National Science Foundation. (j) "Applicable criteria" means those et forth in § 610.4 of this chapter, or in manual or other issuances of the Founation pertaining to denial or disconinuance of fellowship or scholarship wards on grounds involving moral haracter or loyalty. 630.3 Fellowship Review Panel; Fellowship Review Board; in general. Upon receipt of a submission from the Director, the Chairman of the Fellowhip Review Panel shall refer the case o a Fellowship Review Board, constiuted as provided in § 630.2(c), for the urpose of recommending to the Director nd the National Science Board, on the asis of a preponderance of the evidence, fter affording to the individual conerned an opportunity for a fair hearng, whether the fellowship or scholarhip award should be denied or disconinued by the Foundation on grounds nvolving, in accordance with applicable riteria, the moral character or loyalty f the applicant for, or holder of the ward. The Fellowship Review Board's ecommendation shall be embodied in an nitial decision in accordance with 630.2(h). (a) Sufficient notice of the issues to be considered; (b) An opportunity to be represented by counsel; (c) Disclosure of as much of all matters of an evidentiary nature as may be permitted within the framework of applicable laws, regulations, and other requirements (e.g., those pertaining to FBI reports); (d) An opportunity to appear in person (and to present witnesses in his behalf) or, at the option of the individual concerned, to submit his case in whole or in part in writing (e.g., through interrogatories, affidavits, exhibits, etc.); (e) An opportunity to cross-examine persons either orally or through written interrogatories, to the extent provided by Executive Order 10865 of February 20, 1960 (relating to safeguarding of classified information within industry); (f) An option to the individual concerned to have the hearing open or closed to the public; (g) A determination of the place of the hearing which takes into consideration the convenience of the individual concerned and any witnesses who might be testifying at the hearing. § 630.5 Hearing before Fellowship Review Board or a Hearing Officer. The hearing may be conducted, as determined by the Chairman of the Fellowship Review Board, before the full Fellowship Review Board as the hearing body, or before a Hearing Officer. The Hearing Officer may be (a) one of the members of the Fellowship Review Board or (b) a nonmember who is qualified as a Hearing Officer under the Administrative Procedure Act. § 630.6 Preliminary decision; initial decision; final action. When the hearing is conducted by the Fellowship Review Board itself, it shall prepare an initial decision for submission to the Director. When the hearing is conducted before a Hearing Officer, the Hearing Officer shall prepare a preliminary decision for submission to the Fellowship Review Board. The preliminary decision shall be reviewed by the Fellowship Review Board and shall become the initial decision of the Fellowship Review Board unless, and to the extent that, it is changed or modified by the Fellowship Review Board. The initial decision of the Fellowship Review Board shall be transmitted to the Di thereof, but such term does not include any ultimate beneficiary under any such program. (1) The term "primary recipient" means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program. (j) The term “applicant" means one who submits an application, request, or plan required to be approved by a responsible Foundation official, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and the term “application” means such an application, request, or plan. APPENDIX A PROGRAMS TO WHICH THIS PART APPLIES 1 1. Support of basic scientific research. 2. Development and implementation of institutional science programs. A. Institutional base grants. B. Instructional equipment for undergraduate education. C. Graduate science facilities. 3. Support of specialized research facilities. B. Research participation and science activities for teachers. C. Science education for undergraduate students. D. Science education for secondary students. E. Specialized advanced science education projects. F. Cost of education payments to universities. (a) "Fellowship Review Panel" (also referred to as "Panel") means a panel of from nine to twelve members selected by the Director, with the approval of the National Science Board, for such terms as may be designated by him, which shall include at least four representatives of the legal discipline and at least four representatives of the field of higher education. At least eight members of the Panel shall be selected from sources outside the Foundation. (b) "Panel Chairman" means one of the panel members designated by the Director, with the approval of the National Science Board, to serve as Chairman of the Panel for such time as shall be indicated in the designation. (c) "Fellowship Review Board" means not less than three members of the Panel designated by the Panel Chairman for the consideration of one or more cases submitted by the Director. At least two Fellowship Review Board members shall be persons other than employees of the Foundation, and the Fellowship Review Board shall include at least one representative of the legal discipline and one from the field of higher education. In no event shall anyone who participated in any previous consideration of a case be eligible to serve on a board in connection with its consideration of that case. The Panel Chairman may designate himself as one of the members of a Fellowship Review Board or as ther Chairman thereof. (d) "Fellowship Review Board Chairman" means a member of a Fellowship Review Board who has been designated as Chairman of such Board by the Panel Chairman. (e) "Foundation" means the National ience Foundation. (f) "Submission means a referral (of individual's request for a hearing) by e Director pursuant to § 610.5 of this apter. (g) "Preliminary decision" means the commended decision, including findIs of fact and conclusions reached in e light of the applicable criteria, prered by a Hearing Officer and submitted the Fellowship Review Board. (h) "Initial decision" means the recmended decision of the Fellowship view Board, which shall include (1) dings of fact and conclusion reached the light of the applicable criteria and en applicable, (2) the reasons for any anges or modifications made by the llowship Review Board in a prelimry decision. (i) "Director" means the Director of › National Science Foundation. (j) "Applicable criteria” means those forth in § 610.4 of this chapter, or in nual or other issuances of the Fountion pertaining to denial or disconuance of fellowship or scholarship ards on grounds involving moral aracter or loyalty. 30.3 Fellowship Review Panel; Fellowship Review Board; in general. Jpon receipt of a submission from the rector, the Chairman of the Fellowp Review Panel shall refer the case a Fellowship Review Board, constied as provided in § 630.2(c), for the rpose of recommending to the Director d the National Science Board, on the sis of a preponderance of the evidence, er affording to the individual conned an opportunity for a fair hear, whether the fellowship or scholarp award should be denied or disconued by the Foundation on grounds volving, in accordance with applicable teria, the moral character or loyalty the applicant for, or holder of the ard. The Fellowship Review Board's Commendation shall be embodied in an tial decision in accordance with 30.2(h). (a) Sufficient notice of the issues to be considered; (b) An opportunity to be represented by counsel; (c) Disclosure of as much of all matters of an evidentiary nature as may be permitted within the framework of applicable laws, regulations, and other requirements (e.g., those pertaining to FBI reports); (d) An opportunity to appear in person (and to present witnesses in his behalf) or, at the option of the individual concerned, to submit his case in whole or in part in writing (e.g., through interrogatories, affidavits, exhibits, etc.); (e) An opportunity to cross-examine persons either orally or through written interrogatories, to the extent provided by Executive Order 10865 of February 20, 1960 (relating to safeguarding of classified information within industry); (f) An option to the individual concerned to have the hearing open or closed to the public; (g) A determination of the place of the hearing which takes into consideration the convenience of the individual concerned and any witnesses who might be testifying at the hearing. § 630.5 Hearing before Fellowship Review Board or a Hearing Officer. The hearing may be conducted, as determined by the Chairman of the Fellowship Review Board, before the full Fellowship Review Board as the hearing body, or before a Hearing Officer. The Hearing Officer may be (a) one of the members of the Fellowship Review Board or (b) a nonmember who is qualified as a Hearing Officer under the Administrative Procedure Act. § 630.6 Preliminary decision; initial decision; final action. When the hearing is conducted by the Fellowship Review Board itself, it shall prepare an initial decision for submission to the Director. When the hearing is conducted before a Hearing Officer, the Hearing Officer shall prepare a preliminary decision for submission to the Fellowship Review Board. The preliminary decision shall be reviewed by the Fellowship Review Board and shall become the initial decision of the Fellowship Review Board unless, and to the extent that, it is changed or modified by the Fellowship Review Board. The initial decision of the Fellowship Review Board shall be transmitted to the Di rector, who shall in turn transmit it to the National Science Board, which shall then consider it and take such final action thereon as it shall deem to be appropriate. § 630.7 Notice to the individual concerned and opportunity to submit comment on preliminary decision and initial decision. Copies of the preliminary decision, if any, and of the initial decision shall be mailed promptly by the Hearing Officer or the Fellowship Review Board, as the case may be, to the individual, or his counsel, with a notice affording him an opportunity to submit written comments thereon, within a specified reasonable time, to the Fellowship Review Board in the case of a preliminary decision, and to the Director in the case of an initial decision. The purpose of this part is to develop information for use in carrying out study, research and evaluation in the field of weather modification as authorized by the National Science Foundation Act of 1950, as amended, and fostering the interchange of scientific information with respect to weather modification. The information requested under this regulation is not available elsewhere and therefore can only be obtained from individuals and organizations engaged in weather modification activities. [30 F.R. 16202, Dec. 29, 1965, as amended at 33 F.R. 12654, Sept. 6, 1968] § 635.2 Application of part. This part applies to any person, and to any organization, whether commer cial or nonprofit, engaged in or intending to engage in, any weather modification activity (including research) intended to modify the atmosphere through artificial means. Such activities include, but are not limited to, any of the following: (a) Intentional seeding of clouds and fog to alter drop size distribution, produce ice crystals, produce coagulation of droplets, or in any way to influence the natural development cycle of the cloud or its environment by dispersing into it any material or gas such as silver iodide, lead iodide, carbon black, dry ice, ammonia, etc. (b) Intentional initiation of large heat sources or fires to influence convective circulation or evaporate fog. (c) Intentional modification of solar radiation exchange of the earth or clouds through the release of gases, dusts, liquids, or aerosols into the atmosphere. (d) Intentional modification of the energy transfer characteristics of the earth's land or water surface by dusting with powders, liquid sprays, or dyes. (e) Intentional release of electrically charged particles, radioactive particles or ions into the atmosphere to alter its electrical field pattern or produce localized electrical field anomalies. (f) Intentional application of shock waves, sonic energy sources, or other explosive or acoustic sources to the atmosphere to influence cloud growth, dissipation, or precipitation patterns. § 635.3 Reporting request. (a) Prior notice. Each individual or organization intending to engage in any weather modification activity on or after September 1, 1968, is requested when possible to give at least 30 days advancë notice to the Foundation of intention to engage in such activity. Please submit such notice on a Foundation report form copies of which will be made available upon request from the National Science Foundation, Washington, D.C. 20550, When intention to engage in a weather modification activity develops less than 30 days prior to the planned activity, the report should be forwarded to the Foundation by airmail at the earliest possible time. (b) Activity reports. After the weath er modification activity reported pursuant to § 635.3 (a) of this section has commenced, each person or organization engaged in such activity is requested to submit to the Foundation an activity re |