AND AREA STUDIES

DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE

Office of Education

[45 CFR Part 148] MODERN FOREIGN LANGUAGE TRAINING AND AREA STUDIES

Proposed Rulemaking

In accordance with section 503 of the Education Amendments of 1972 (P.L. 92318) and pursuant to the authority contained in section 102 (b) (6) of the Mutual Educational and Cultural Exchange Act of 1961, 22 U.S.C. 2452(b) (6), the Commissioner of Education, with the approval of the Secretary of Health, Education, and Welfare, proposes to amend Title 45 of the Code of Federal Regulations by adding a new Part 148, with accompanying guidelines, to read as set forth below.

The proposed regulations contain all mandatory requirements for the program. The guidelines contain material in the nature of suggestions and recommendations for program management and operation.

1. Program purpose.-Section 102(b) (6) of the Mutual Educational and Cultural Exchange Act of 1961 provides for programs to promote modern foreign language training and area studies in educational institutions in the United States through visits and study of American scholars abroad and foreign scholars in the United States.

2. Section 503 procedures and effect.Section 503 of the Education Amendments of 1972 requires the Commissioner to study all rules, regulations, guidelines, or other published interpretations or orders issued by him or by the Secretary after June 30, 1965, in connection with, or affecting the administration of Office of Education programs; to report to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives concerning such study; and to publish in the FEDERAL REGISTER Such rules, regulations, guidelines, interpretations, and orders, with an opportunity for public hearing on the matters so published. The regulations and guidelines proposed below reflect the results of this study as it pertains to programs authorized by section 102(b) (6) of the Mutual Educational and Cultural Exchange Act of 1961. Part 148 and the guidelines will be published in final form after comments and hearings. Thirty days after such publication, all preceding rules, guidelines, or other published interpretations and orders issued in connection with or affecting section 102(b) (6) (except the Office of Education general provisions regulations) will be superseded.

3. Effect of Office of Education General Provisions Regulations.- Provisions

relating to general fiscal and administrative matters are covered under the overall Office of Education general provisions regulations, published in the FEDERAL REGISTER on November 6, 1973 (38 F.R. 30654), in connection with the same study under section 503 of the Education Amendments of 1972 of which this publication is a part. Reference is made in particular to the provisions of Part 100a of Title 45, Code of Federal Regulations, containing general provisions for discretionary programs, which are applicable to programs authorized by section 102(b) (6) of the Mutual Educational and Cultural Exchange Act of 1961.

4. Program changes in the proposed regulations and guidelines.-The regulations in large part formalize existing practices under the program.

5. Citations of legal authority.—As required by section 431 (a) of the General Education Provisions Act (20 U.S.C. 1232 (a)) and section 503 of the Education Amendments of 1972, a citation of statutory or other legal authority for each section of the regulations and guidelines has been placed in parentheses on the line following the text of the section.

6. Opportunity for public hearing.— Pursuant to section 503 (c) of the Education Amendments of 1972, the Commissioner will provide interested parties opportunity for a public hearing on these regulations and guidelines, as follows:

A hearing will take place at the U.S. Office of Education in the auditórium of Regional Office Building Three (ROB-3) located at Seventh and D Streets, 8.W., Washington, D.C. at 10 a.m. on September 3, 1975.

Parties interested in attending the hearing should notify the Office of Education, 400 Maryland Avenue, S.W., Room 2085, Washington, D.C. 20202, Attention: Chairman, Office of Education Task Force on Section 503, and are urged to submit a written copy of their comments with such notification. Each party planning to make oral comments at the hearing is urged to limit his presentation to a maximum of fifteen minutes.

Written comments and recommendations may also be sent to the above address. All relevant material received prior to the date of the hearing will be considered. Comments and suggestions submitted in writing will be available for review in the above office between the hours of 9 a.m. and 4:30 p.m., Monday through Friday of each week.

(a) The regulations in this part govern the provision of Federal financial assistance by the United States Commissioner of Education, under Section 102(b) (6) of the Mutual Educational and Cultural Exchange Act of 1961, to promote modern foreign language training and area studies in United States schools, colleges, and universities by supporting programs of research, study, and training in foreign countries by teachers and prospective teachers in such schools, colleges, and universities for the purpose of improving their skills in languages and their knowledge of the culture of the people of those countries, and by financing visits by educational specialists from those countries to the United States for the purpose of participating in foreign language training and area studies in United States schools, colleges, and universities. Responsibility for the administration of this program has been delegated to the Department of Health, Education, and Welfare by Executive Order No. 11034.

(b) Assistance under this part is subject to applicable provisions contained in subchapter A of this chapter (relating to fiscal, administrative, property management, and other matters).

(c) In the selection of American citizens for participation in programs under this part, preference shall be given to those who have served in the Armed Forces of the United States, and due consideration shall be given to applicants from all geographical areas of the United States.

(22 U.S.C. 2452 (b)(6), 2456 (a)(2), Executive Order No. 11034, 20 U.S.C. 1232c)

§ 148.2 Definitions.

As used in this part

"Academic year" means a period of time, usually eight or nine months, consisting of two semesters, two trimesters, three quarters, or the equivalent.

"Binational commission" means an educational and cultural foundation established through an agreement between the United States and either a foreign govérnment or an international organization to carry out functions in connection with programs covered by this part.

"Board of Foreign Scholarships" means the Presidentially appointed board of 12 members which is responsible for supervision of the programs covered by this part.

"Dependent" means any of the following individuals who accompany the program participant to his research or training site:

(a) spouse of the program participant; (b) children unmarried and under 21 years of age; and

(c) mother or father of either the program participant or his or her spouse if incapable of self-support.

"Foreign currencies" means currencies of foreign countries, which currencies are owned by the United States in amounts in excess of probable requirements of the United States as determined annually by the Department of the Treasury and are appropriated by the Congress for use in connection with programs covered by this part.

"Institution of higher education" means an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards & bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, and (4) is a public or other nonprofit institution.

"Local school system" means a local board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district or other political subdivision of a State, or any other public institution or agency having administrative control and direction of a public elementary or secondary school.

department

"State" means the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. "State of education" means the State board of education or other agency or officer primarily responsible for the supervision of public elementary and secondary schools in a State, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (22 U.S.C. 2452(b)(6), 2456) § 148.3

Projects focusing on countries.

certain

Assistance under this part is not available for projects focusing primarily on Western Europe or for research in countries where the United States has no diplomatic representation.

Graduate students at eligible institutions may receive fellowships for periods of 6 to 12 months for doctoral dissertation research abroad in the fields of modern foreign languages and area studies. (22 U.S.C. 2452(b) (6))

§ 148.12 Applications.

(a) Each fiscal year eligible institutions may forward applications to the Commissioner for recommended graduate students for fellowship assistance under this subpart. Each application shall include information as to the students' personal and academic backgrounds and proposed research projects. Students must also arrange with appropriate persons to have three reference forms (Form OE 7628-3) submitted through their eligible institution to the Commissioner on their behalf. The deadline date for receipt of proposals by the Commissioner shall be announced annually in the FEDERAL REGISTER.

(b) Eligible institutions are responsible for accepting, screening, and forwarding to the Commissioner those applications which meet the institution's technical and academic criteria.

(c) An "eligible institution," for the purpose of this subpart, means an institution of higher education in any State which is accredited by a nationally recognized accrediting agency or association and which offers a doctoral progra!!! in the fields of foreign languages and area studies.

(d) Requests for information shall be sent to the Division of International Education, Office of Education, Washington, D.C. 20202.

(22 U.S.C. 2452(b)(6)) § 148.13

Eligible students.

To be eligible to receive a fellowship under this subpart, a student must:

(a) Be a citizen or national of the United States or be an alien in the United States having immigration status and personal plans indicating that he is in the United States for other than a temporary purpose;

(b) plan a teaching career at the college level in the United States;

(c) be enrolled at an eligible institution and have been admitted to candidacy for a doctoral degree in modern foreign languages or area studies;

(d) provide evidence of adequate language skills for effectively carrying out the proposed research;

(e) present a project for which research can reasonably be expected to be completed within the time limits of the award and which is otherwise feasible;