by their receiving a separate listing in part III of the Office of Education "Education Directory."

(d) "Public" as applied to any institution does not include an institution of any agency of the United States.

(e) "Nonprofit" as applied to any institution means an institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(f) "State" means a State, Puerto Rico, the District of Columbia, the Canal Zone, Guam, or the Virgin Islands.

(g) "Fellowship" means an award by the Commissioner under Title IV. A "Fellowship holder" or "Fellow" means a person designated to receive the award, which entitles him to receive the stipend.

(h) "Approved program" means program of graduate study approved as provided in § 145.3.

(i) "Commissioner" means the U.S. Commissioner of Education, Department of Health, Education, and Welfare or his delegate.

(j) "Stipend" means the payments made to a Fellow in accordance with section 404(a) of the Act (1) for each academic year of his study in an approved program and (2) on account of each of his dependents.

(k) "Academic year" consists of not less than two semesters or three quarters, beginning in the fall of the year, and falling within a single twelve month period.

§ 145.2 Summary of program.

(a) Purpose. The National Defense Graduate Fellowship Program has the objectives of increasing the facilities available for the graduate training of college or university level teachers, of promoting a wider geographical distribution of such facilities throughout the United States, and of assisting persons interested in teaching in institutions of higher education to obtain the Ph. D. or similar degree.

(b) Fellowship awards. The Commissioner is authorized to award up to one thousand Fellowships during the fiscal year ending June 30, 1959, and fifteen hundred Fellowships during each of the three succeeding fiscal years. A Fellowship will usually be awarded for three academic years, but in any case will not be for more than three academic years.

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(c) Payments to fellows and institutions of higher education. Stipends to Fellows will be paid in accordance with § 145.7. In addition, to the extent permitted by § 145.4, the Commissioner shall make payments to institutions to cover that portion of the cost of an approved graduate program which is reasonably attributable to each Fellow.

(d) Approval of programs and allotment of fellowships. The Commissioner will approve graduate programs at institutions in accordance with § 145.3, and will determine the number of fellowships to be allotted to each such program. Public announcement will be made listing the approved programs and the institutions at which they are to be offered. An individual desiring a Fellowship should apply for acceptance as described in § 145.6 at the institution of his choice from among those listed.

§ 145.3 Approval of graduate programs.

(a) Minimum requirements for approval of programs. The programs to be approved will be selected from those:

(1) For the completion of which a Ph. D. or similar degree is awarded;

(2) Which constitute a new or expanded program of graduate study;

(3) Which substantially further the objective of increasing the facilities available in the Nation for the graduate training of college or university level teachers;

(4) Which promote a wider geographical distribution of facilities for the graduate training of college or university level teachers throughout the Nation; and

(5) In which a preference in the acceptance of persons for study is given to persons interested in teaching in institutions of higher education.

(b) Applications. Approval of graduate programs shall be on the basis of applications submitted by institutions of higher education in accordance with procedures established by the Commissioner. Applications shall contain information as to the proposed increase in facilities and/or faculty for the establishment of the new program or expansion of an existing program and shall indicate the total increase in enrollment (or total enrollment in the case of a new program) which the increase in facilities and/or faculty will enable the program to accommodate. The proposed development of the program should normally be such as to make possible the

admission of sufficient first-year students each year to achieve the total anticipated increase in enrollment (or total anticipated enrollment in the case of a new program) within three years.

(c) Organization of programs. Programs may be organized by an institution in any manner appropriate to the field of study of the program, including but not restricted to: departmental, e.g., Political Science; a special field within & department, e.g. Political Theory; interdepartmental, e.g. Psychology and Politics; or intercollege, e.g. Law and Politics.

(d) Joint institutional sponsorship. Two or more institutions may jointly submit a program for approval. The application must be signed by an authorized representative of each institution, and it must be agreed that credits earned at each of the institutions are fully transferable to the other.

(e) Dates for applying. Each year a date will be announced for the submission of applications by institutions for the approval of a new or expanded program to accommodate those who will be awarded Fellowships in the ensuing period. Institutions of higher education may secure forms for application from Division of Higher Education, Office of Education, Department of Health, Education, and Welfare, Washington 25, D.C.

(f) Criteria for the selection of approved programs. The following criteria will be considered in determining which of the programs meeting the foregoing requirements are to be approved:

(1) The prospective ability of the applying institution, in terms of faculty, libraries, and equipment, competently to offer the program;

(2) Current or prospective national or regional shortage of college or university teachers in the proposed field;

(3) Current or prospective national or regional inadequacies in the offering of proposed subjects;

(4) Adequate ratio, at the applying institution, between the number of graduate faculty and the proposed number of graduate students;

(5) The amount and extent of the applying institution's previous planning and development in the field proposed in the program;

(6) Likelihood that the applying institution will be able soundly to support the proposed program on a long-term basis;

(7) Likelihood that the proposed program will produce teachers for institutions of higher education.

(g) Notification of Commissioner's action. The Commissioner will notify each institution of higher education which has applied for approval of a graduate program whether such approval has been given, and if so, the number of Fellowships which the Commissioner is prepared to allot for such program.

(h) Effect of approval. Approval of a program is effective during any period in which a Fellowship holder is enrolled in the program, unless approval is withdrawn, as provided in paragraph (j) of this section. Continued approval of a program does not necessarily mean, however, that new Fellowships will be awarded to students enrolling in the program in any given year.

(i) Number of fellowships to be allotted. In determining the number of Fellowships to be allotted to an Approved 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.

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 administration 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 begin. 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.

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 the Constitution and laws of 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 educational benefits. Except for veterans' and war orphans' educational assistance benefits provided under chapters 34 and 35 of title 38 of the United States code, a person receiving any other direct Federal educational benefits may not, concurrently, receive a stipend under this part.

A

(g) Outside or part-time work. 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.

The

(h) Changes in circumstances. 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. [25 F.R. 9289, Sept. 29, 1960, as amended at 34 F.R. 3801, Mar. 5, 1969]

§ 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 de

signed 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 F.R. 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.C. 511, 581) [26 F.R. 9996, Oct. 25, 1961]