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 pro

fessional or academic qualifications and affirmative declarations as to convictions or pending criminal charges and allegations or complaints 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.

(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 (1) 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 individual 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

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 equip

ment 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;

(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 pre

clude the individual deaf person from attending an exhibition for a group of deaf persons. Such extenuating circumstances include, among others:

(i) 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 a 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 wish to use films and to expedite the 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 returned or delivered to a common carrier 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 container.

(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 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.

151.50 151.51

Scope.

Transfer of title.

Competitive equipment bids.

Determination of equipment.

Subpart E-Experimental Schools

Purpose.

151.52 Eligible applicants; applications. Geographic scope of project. Project requirements. [Reserved]

151.53 151.54 151.55

151.55-1

Priorities.

151.56 Federal financial participation.

AUTHORITY: The provisions of this Part 151 issued under 5 U.S.C. 301; 20 U.S.C. 331 et seq. 20 U.S.C. 1231d, unless otherwise noted.

SOURCE: The provisions of this Part 151, except Subpart E, appear at 30 F.R. 13638, Oct. 27, 1965, unless otherwise noted.

NOTE: Criteria for experimental schools and grants for small schools in rural areas and closing date for receipt of applications were issued by the Secretary of Health, Education, and Welfare at 37 F.R. 7096, Apr. 8, 1972. These criteria provide in part as follows:

(1) An eligible applicant for the purposes of this competition is a local educational agency (or a combination of such agencies) which has no more than 2,500 children enrolled in its elementary and secondary schools, kindergarten (or, where kindergarten is not supported with public funds in the area to be served, grade 1) through grade 12, inclusive, and which serves a rural area.

(2) The project must serve all children enrolled in the applicant's schools.

(3) The schools served by the project must constitute a coherent feeder system, all schools of which are served by the project.

Subpart A-General Provisions § 151.1 Scope and purpose.

The rules and regulations in this part govern programs of Federal financial assistance by the U.S. Commissioner of Education for the conduct of research, research related activities, and the construction of national and regional research facilities pursuant to the provi

(a) "Act" means the Cooperative Research Act (P.L. 83-531), 20 U.S.C. 331.

(b) "Applicant" means an eligible party seeking Federal financial assistance under the Act and this part.

(c) "Colleges and Universities" means institutions of higher education awarding a bachelor's or higher degree or offering not less than a two year program acceptable for credit toward such a degree, accredited or approved by a nationally recognized accrediting agency by a State Department of Education, by a State university, or such institutions operating under public control. This definition shall include but not be limited to institutions known as "Junior Colleges," "Community Colleges," and "Vocational or Technical Colleges" where these meet the above requirements.

(d) "Commissioner" means the United States Commissioner of Education.

(e) "Construction and cost of construction" means:

(1) the construction of new buildings and the expansion, remodeling, and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land or off-site improvements, and

(2) equipping new buildings and existing buildings, whether or not expanded, remodeled, or altered.

(f) "Curricular capability" means programs, courses, activities and materials required to provide training in research and research related activities in the field of education.

(g) "Dependent" means an individual receiving more than one-half his support from a trainee (1) who is that trainee's spouse, child (including step-child), parent (including stepparent or parentin-law) or (2) for whose support the trainee is legally responsible.

(h) "Equipment" includes, in addition to machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house them, all other equipment necessary for the operation of the particular type of research or research related activities to be provided by a facility, but does not include consumable supplies.

(1) "Facility" means one or more structures in one or more locations, constructed or to be constructed pursuant to section 4 of the Act and this part.

(j) "Fiscal year" means the period beginning on the first day of July and ending on the following June 30. (The calendar year of the ending date is used to designate the fiscal year.)

(k) "Nonprofit" as applied to any agency, organization, or institution means an agency, organization, or 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.

(1) "Program plan" includes in the case of national and regional laboratories the soundness of organizational structure and extent of involvement of both institutions of higher education and local school systems throughout the Nation or region.

(m) "Research and research related activities" means research, research training, surveys, or demonstrations in the field of education, or the dissemination of information derived therefrom, or all of such activities, including (but not limited to) experimental schools, except that such term does not include any such activities in the field of sectarian instruction.

(n) "Secretary" means the Secretary of Health, Education, and Welfare.

(o) "Site" means any location or locations on which a facility is constructed or to be constructed pursuant to section 4 of the Act and this part.

(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 offcer 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.