Statutes and Regulations

ATTACHMENT A
STATUTES AND REGULATIONS
The Higher Education Act of 1965, as amended, Title VI Part A, section 601
(as well as the amendments contained in the Higher Education Opportunity
Act of August 2008).
Department of Education 34 CFR Parts 655, 656, 657, et al. International
Education Programs; Final Rule, Federal Register July 17, 2009.
The GPRA of 1993.
The Higher Education Act of 1965, as amended, Title VI Part A – International
and Foreign Language Studies, section 602(a) National Language and Area
Centers and Programs; section 602(b) Graduate Fellowships for Foreign
Language and Area or International Studies.
34 CFR part 656 National Resource Centers Program for Foreign Language
and Area Studies or Foreign Language and International Studies, sections
656.1 through 656.7, 656.10, 656.20 through 656.23 and 656.30.
34 CFR Part 657 Foreign Language and Area Studies Fellowships Program,
sections 657.1 through 657.5, 657.10, 657.11, 657.20 through 657.22, and
657.31 through 657.34.
The Higher Education Act of 1965, as amended, Title VI Part A – International
and Foreign Language Studies, section 603, Language Resource Centers.
34 CFR Part 669 Language Resource Center Program, sections 669.1
through 669.5, 669.20 through 669.22, and section 669.30.
The Higher Education Act of 1965, as amended, Title VI Part A – International
and Foreign Language Studies, section 604, Undergraduate International
Studies and Foreign Language Program.
34 CFR Part 658 Undergraduate International Studies and Foreign Language
Program, sections 658.1 through 658.4, 658.10 through 658.12, 658.30
through 658.35, and 658.40 and 658.41.
The Higher Education Act of 1965, as amended, Title VI Part A – International
and Foreign Language Studies, section 605, International Research and
Studies.

34 CFR Part 660 International Research and Studies Program, sections
655.1 through 655.4, 655.10, and 655.30 through 655.32.
The Higher Education Act of 1965, as amended, Title VI Part A – International
and Foreign Language Studies, section 606, Technological Innovation and
Cooperation for Foreign Information Access.
The Higher Education Act of 1965, as amended, Title VI Part A – International
and Foreign Language Studies, section 609, American Overseas Research
Centers.
The Higher Education Act of 1965, as amended, Title VI Part B – Centers for
International Business Education Program sections 611 and 612.
The Higher Education Act of 1965, as amended, Title VI Part B - Business
and International Education Programs sections 611 and 613.
The Higher Education Act of 1965, as amended, Title VI Part C – Institute for
International Public Policy, section 1131 Minority Foreign Service
Professional Development Program.
The Mutual Educational and Cultural Exchange Act (The Fulbright-Hays Act),
1961, section 102 (b)(6), DDRA, FRA, GPA, and SA programs.
34 CFR Part 662, Fulbright-Hays Doctoral Dissertation Research Abroad
Program.
34 CFR Part 663, Fulbright-Hays Faculty Research Abroad Program.
34 CFR Part 664, Fulbright-Hays Group Projects Abroad Program.
34 Code of Federal Regulations (CFR) part 655, General Provisions for
International Education Programs, section 655.1 through 655.4, 655.10,
655.30 through 655.32.
Education Department General Administrative Regulation (EDGAR), 34 CFR
Part 74, section 74.51 and 34 CFR Part 75, sections 75.118, 75.253, 75.720.
Note: EDGAR citations include the requirements for the submission of annual and final
performance reports and ED responsibilities for reviewing performance information to
make continuation awards.

The Higher Education Act of 1965, as
amended, Title VI Part A, section 601 (as
well as the amendments contained in the
Higher Education Opportunity Act of
August 2008).

ATTACHMENT A: STATUTES AND REGULATIONS

HIGHER EDUCATION
1998 Amendments to the Higher Education Act of 1965
P.L. 105-244

TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
Part A of title VI (20 U.S.C. 1121 et seq.) is amended to read as follows:
`PART A--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
`SEC. 601. FINDINGS AND PURPOSES.
`(a) FINDINGS- Congress finds as follows:
`(1) The security, stability, and economic vitality of the United States in a complex global era
depend upon American experts in and citizens knowledgeable about world regions, foreign
languages, and international affairs, as well as upon a strong research base in these areas.
`(2) Advances in communications technology and the growth of regional and global problems make
knowledge of other countries and the ability to communicate in other languages more essential to
the promotion of mutual understanding and cooperation among nations and their peoples.
`(3) Dramatic post-Cold War changes in the world's geopolitical and economic landscapes are
creating needs for American expertise and knowledge about a greater diversity of less commonly
taught foreign languages and nations of the world.
`(4) Systematic efforts are necessary to enhance the capacity of institutions of higher education in
the United States for-`(A) producing graduates with international and foreign language expertise and knowledge;
and
`(B) research regarding such expertise and knowledge.
`(5) Cooperative efforts among the Federal Government, institutions of higher education, and the
private sector are necessary to promote the generation and dissemination of information about
world regions, foreign languages, and international affairs throughout education, government,
business, civic, and nonprofit sectors in the United States.
`(b) PURPOSES- The purposes of this part are-`(1)(A) to support centers, programs, and fellowships in institutions of higher education in the
United States for producing increased numbers of trained personnel and research in foreign
languages, area studies, and other international studies;
`(B) to develop a pool of international experts to meet national needs;
`(C) to develop and validate specialized materials and techniques for foreign language acquisition
and fluency, emphasizing (but not limited to) the less commonly taught languages;
`(D) to promote access to research and training overseas; and

`(E) to advance the internationalization of a variety of disciplines throughout undergraduate and
graduate education;
`(2) to support cooperative efforts promoting access to and the dissemination of international and
foreign language knowledge, teaching materials, and research, throughout education, government,
business, civic, and nonprofit sectors in the United States, through the use of advanced
technologies; and
`(3) to coordinate the programs of the Federal Government in the areas of foreign language, area
studies, and other international studies, including professional international affairs education and
research.

Department of Education 34 CFR Parts
655, 656, 657, et al. International
Education Programs; Final Rule, Federal
Register July 17, 2009.

ATTACHMENT A: STATUTES AND REGULATIONS

Friday,
July 17, 2009

Part IV

Department of
Education

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34 CFR Parts 655, 656, 657, et al.
International Education Programs; Final
Rule

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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations

DEPARTMENT OF EDUCATION
34 CFR Parts 655, 656, 657, 658, 660,
and 661
[Docket ID ED–2009–OPE–0002]
RIN 1840–AC97

International Education Programs

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AGENCY: Office of Postsecondary
Education, Department of Education.
ACTION: Final regulations.
SUMMARY: The Secretary amends the
regulations for the National Resource
Centers Program for Foreign Language
and Area Studies or Foreign Language
and International Studies (NRC
Program), Foreign Language and Area
Studies Fellowships (FLAS) Program,
Undergraduate International Studies
and Foreign Language (UISFL) Program,
International Research and Studies (IRS)
Program, and the Business and
International Education (BIE) Program
to ensure that these regulations reflect
the changes made to title VI of the
Higher Education Act of 1965, as
amended (HEA) by the Higher
Education Opportunity Act of 2008
(HEOA).
DATES: Effective Date: These regulations
are effective on August 17, 2009.
FOR FURTHER INFORMATION CONTACT:
Jessica Finkel, U.S. Department of
Education, 1990 K Street, NW., Room
8031, Washington, DC 20006–8502.
Telephone: (202) 502–7647 or via the
Internet at: [email protected].
If you use a telecommunications
device for the deaf (TDD), you may call
the Federal Relay Service (FRS), toll
free, at 1–800–877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or computer diskette) on
request to the contact person listed in
this section.
SUPPLEMENTARY INFORMATION: These
final regulations incorporate changes
made to the HEA by the HEOA. These
changes align the program regulations
with the changes made to the programs
by the HEOA, including revised
program descriptions, eligibility criteria,
and activities.
The following discussion describes
each of the changes made to the
regulations and the specific statutory
change in the HEA on which the
regulatory change is based.

General
Statute: The HEOA amended
numerous sections of the HEA to refer
to ‘‘consortia’’ of institutions of higher
education rather than ‘‘combinations’’ of

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institutions of higher education.
Specifically, section 610 of the HEOA
amended sections 603(a) and 604(a)(5)
of the HEA by replacing the word
‘‘combination’’ with the word
‘‘consortium’’ each time it appears.
Similarly, section 602(1) of the HEOA
amended section 602(a)(1) of the HEA
by replacing the word ‘‘combination’’
with the word ‘‘consortium.’’ Finally,
section 604(1) of the HEOA amended
section 604(a)(1) of the HEA by
replacing references to the words
‘‘combination’’ and ‘‘combinations’’
with the words ‘‘consortium’’ and
‘‘consortia,’’ respectively.
Regulatory Change: To better reflect
the language in the statute, we have
revised the following regulatory sections
to refer to ‘‘consortium’’ and ‘‘consortia’’
(as appropriate) rather than
‘‘combination’’ and ‘‘combinations’’: 34
CFR 655.4(b), 34 CFR 656.1 and 656.2,
34 CFR 657.2, and 34 CFR 658.1, 658.2,
658.10, 658.30, 658.32, and 658.35.
International Education Programs—
General Provisions
Statute: None.
Regulatory Change: We have
corrected two errors in part 655. First,
in § 655.4(b), we have replaced the
words ‘‘definition applies’’ with the
words ‘‘definitions apply’’ because that
paragraph provides definitions for
multiple terms. Second, we have
corrected the language in § 655.10 to
identify the appropriate subparts of 34
CFR parts 656, 657, 658, 660, 661 and
669 that describe the kinds of projects
that the Secretary assists under the
International Education Programs.
NRC Program
Statute: Section 602(1)(B)(iii) of the
HEOA amended section 602(a)(2) of the
HEA by expanding the types of
activities for which grantees may use
funds under the National Language and
Area Centers and Programs authority.
The Department operates the NRC
Program under this authority.
Regulatory Change: In the NRC
Program regulations, we have expanded
§ 656.3 to include the activities added to
section 602(a)(2) of the HEA by the
HEOA. As amended, § 656.3 now states
that a comprehensive or undergraduate
National Resource Center (i) supports
instructors of the less commonly taught
languages, and (ii) encourages projects
that support students in the science,
technology, engineering, and
mathematics fields to achieve foreign
language proficiency.
Statute: Section 602(1)(C) of the
HEOA expanded section 602(a)(4) of the
HEA, which describes the outreach and
summer institute grants that the

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Secretary may make to centers and
programs under the NRC Program.
Regulatory Change: We have amended
§ 656.5 to incorporate the new activities
that may be funded by an outreach or
summer institute grant under section
602(a)(4) of the HEA. Consistent with
the statutory changes made, we have
added a new § 656.5(b)(3) to clarify that
the Secretary may support a center for
the purpose of linkage or outreach
between or among postsecondary
programs or departments in foreign
language, area studies, or other
international fields, and State
educational agencies and local
educational agencies.
Statute: Section 607(2) of the HEOA
amended section 607(b) of the HEA to
add two factors to be considered by the
Secretary when awarding grants under
section 602 of the HEA, governing the
NRC and FLAS programs. Specifically,
section 607(2) directs the Secretary to
(1) take into account the degree to
which activities of centers, programs,
and fellowships at institutions of higher
education address national needs, and
generate information for and
disseminate information to the public
and (2) consider an applicant’s record of
placing students into post-graduate
employment, education, or training in
areas of national need and an
applicant’s stated efforts to increase the
number of such students that go into
such placements.
Regulatory Change: In the NRC
Program regulations, we have added the
two new selection criteria as paragraphs
(3) and (4) in §§ 656.21(c) and 656.22(c).
We have also added the two new criteria
as paragraphs (3) and (4) in § 657.21(c)
in the FLAS Program regulations.
FLAS Program
Statute: Section 602(2)(B) of the
HEOA amended section 602(b)(2) of the
HEA to provide that undergraduate
students, in addition to graduate
students, may be eligible for fellowships
under the FLAS Program.
Regulatory Change: Consistent with
the statutory changes made to section
602(b)(2) of the HEA, we have amended
§§ 657.1(a), 657.3, and 657.21 to clarify
that both graduate students and
undergraduate students are eligible for
fellowships under the FLAS Program.
The changes made to § 657.3 (Who is
eligible to receive a fellowship?)
incorporate the statutory language
reflected in section 602(b)(2) of the HEA
and describe the respective activities in
which an undergraduate student and
graduate student must engage in order
to be eligible for a FLAS fellowship.
Statute: Section 602(3) of the HEOA
amended section 602(d) of the HEA,

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which describes the allowances that
may be included in a fellowship to an
undergraduate or graduate student
under the FLAS Program.
Regulatory Change: We have revised
§ 657.31(a)(4) to better align the
regulatory language regarding
allowances for stipends awarded to
graduate level recipients with the
statutory language describing these
allowances. We also have added a new
§ 657.31(a)(5) to provide, consistent
with section 602(d)(2) of the HEA, that
a stipend awarded to an undergraduate
level recipient may include an
allowance for educational programs in
the United States or educational
programs abroad that meet certain
criteria.
UISFL Program
Statute: Section 604(2) of the HEOA
amended section 604(a)(2) of the HEA
by adding a new allowed use of funds
under the (UISFL) Program and by
amending an existing allowed use of
funds.
Regulatory Change: We have amended
§ 658.11 to reflect the additional
activities for which funds may be used
under the Undergraduate International
Studies and Foreign Language Program.
Specifically, we have revised the
language in § 658.11(b)(5) to better align
with the statutory language describing
the pre-service teacher training and inservice teacher professional
development that can be conducted
under the program. Also, in new
§ 658.11(j), consistent with the additions
made to section 604(a)(2) of the HEA,
we have added as an allowable activity
the provision of grants for educational
programs abroad that are closely linked
to the UISFL Program’s goals and that
promote foreign language fluency and
knowledge of world regions.
Statute: Section 604(6) of the HEOA
amended section 604 of the HEA by
adding a new paragraph (c)(2) to specify
that UISFL Program grantees may not
use more than ten percent of the funds
received under a UISFL Program grant
for the purpose described in section
604(a)(2)(I) of the HEA (i.e., providing
grants for educational programs abroad
that are closely linked to the UISFL
Program’s goals and that promote
foreign language fluency and knowledge
of world regions).
Regulatory Change: We have amended
§ 658.40 by adding a new paragraph (b)
to incorporate this restriction on the use
of funds.
Statute: Section 604(3) of the HEOA
amended section 604(a)(4)(B) of the
HEA to require institutions seeking a
waiver or reduction of their non-Federal
share to demonstrate, in their grant

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applications, their need for a waiver or
reduction.
Regulatory Change: We have revised
§ 658.41(d)(2) to clarify that the
Secretary may waive or reduce a UISFL
Program grantee’s non-Federal share for
the project, but that the grantee’s
application must demonstrate a need for
a waiver or reduction.
IRS Program
Statute: Section 605 of the HEOA
amended section 605(a) of the HEA by
expanding the activities authorized
under the IRS Program. Research and
studies supported under the IRS
Program now include: (i) Evaluations of
the extent to which programs assisted
under title VI of the HEA reflect diverse
perspectives and a wide range of views
and generate debate on world regions
and international affairs, as described in
the grantee’s application; (ii) the
systematic collection, analysis, and
dissemination of data that contribute to
achieving the purposes of title VI, part
A of the HEA; and (iii) support for
programs or activities to make data
collected, analyzed, or disseminated
under this part publicly available and
easy to understand.
Regulatory Change: We have amended
§§ 660.1 and 660.10 to include these
newly authorized activities. The new
activities are listed in paragraphs (j), (k),
and (l) of § 660.1 (What is the
International Research and Studies
Program?) and in paragraphs (k), (l), and
(m) of § 660.10 (What activities does the
Secretary assist?).
BIE Program
Statute: Section 611(b) of the HEOA
amended section 613(c) of the HEA to
require applicants to provide an
assurance that, where applicable, the
activities funded by a grant made under
the BIE Program will reflect diverse
perspectives and a wide range of views
on world regions and international
affairs.
Regulatory Change: We have amended
§ 661.20 by adding a new paragraph (c)
to require applicants to make this
assurance in their applications for
funding under the BIE Program.
Executive Order 12866
Under Executive Order 12866, the
Secretary must determine whether this
regulatory action is ‘‘significant’’ and
therefore subject to the requirements of
the Executive order and review by OMB.
Section 3(f) of Executive Order 12866
defines a ‘‘significant regulatory action’’
as an action likely to result in a rule that
may (1) have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,

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productivity, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments, or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule); (2) create serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; (3) materially alter the
budgetary impacts of entitlement grants,
user fees, or loan programs or the rights
and obligations of recipients thereof; or
(4) create novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive order. The
Secretary has determined that this
regulatory action is not significant
under the Executive order.
Potential Costs and Benefits
Under Executive Order 12866, we
have assessed the potential costs and
benefits of this regulatory action.
The potential costs associated with
these final regulations are those
resulting from statutory requirements
for these discretionary grant programs.
However, because the Secretary has
chosen to regulate only to the extent
necessary to reflect changes made to the
HEA by the HEOA, the potential costs
associated with the regulations are
minimal. The benefits of these final
regulations will be clarification of the
requirements governing these programs
that will facilitate future competitions
for awards under these programs. In
assessing these costs and benefits we
have determined that the benefits justify
the costs.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
Waiver of Proposed Rulemaking
Under the Administrative Procedure
Act (APA) (5 U.S.C. 553), the
Department is generally required to
publish a notice of proposed rulemaking
and provide the public with an
opportunity to comment on proposed
regulations prior to issuing final
regulations. However, the APA provides
that an agency is not required to
conduct notice-and-comment
rulemaking when the agency for good
cause finds that notice and comment are
impracticable, unnecessary or contrary
to the public interest. These regulations
reflect statutory changes made to the
HEA by the HEOA that are already
effective and do not establish or affect
existing policy. Therefore, under 5
U.S.C. 553(b)(B), the Secretary has
determined that a notice of proposed
rulemaking is unnecessary and contrary

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to the public interest and thus not
required with regard to these
regulations.
Regulatory Flexibility Act Certification
The Secretary certifies that these
regulations will not have a significant
economic impact on a substantial
number of small entities. The
regulations impose minimal
requirements to ensure the proper
expenditure of program funds.
Paperwork Reduction Act of 1995
These regulations do not contain any
information collection requirements.
Intergovernmental Review
The National Resource Centers
Program, Foreign Language and Area
Studies Fellowships Program,
Undergraduate International Studies
and Foreign Language Program, and
Business and International Education
Program are subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive Order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
Order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
Assessment of Educational Impact
In accordance with section 411 of the
General Education Provisions Act, 20
U.S.C. 1221e–4, and based on our own
review, we have determined that these
regulations do not require transmission
of information that any other agency or
authority of the United States gathers or
makes available.
Electronic Access to This Document

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You can view this document, as well
as all other Department of Education
documents published in the Federal
Register, in text or Adobe Portable
Document Format (PDF) on the Internet
at the following site: http://www.ed.gov/
legislation/FedRegister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll-free, at 1–
888–293–6498; or in the Washington,
DC, area at (202) 512–1530.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: http://www.access.gpo.gov/nara/
index.html.
(Catalog of Federal Domestic Assistance
Numbers: 84.015 National Resource Centers

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Program for Foreign Language and Area
Studies or Foreign Language and
International Studies Program and Foreign
Language and Area Studies Fellowships
Program; 84.016 Undergraduate International
Studies and Foreign Language Program;
84.017 The International Research and
Studies Program; 84.153 Business and
International Education Program)

List of Subjects
34 CFR Part 655
Colleges and universities, Cultural
exchange programs, Educational
research, Educational study programs,
Grant programs—education,
Scholarships and fellowships.
34 CFR Part 656
Colleges and universities, Cultural
exchange programs, Educational study
programs, Grant programs—education,
Reporting and recordkeeping
requirements.
34 CFR Part 657

A. In the introductory text, removing
the words ‘‘definition applies’’ and
adding, in their place, the words
‘‘definitions apply’’.
■ B. In the definition for ‘‘Combination
of institutions,’’ removing the word
‘‘Combination’’ and adding, in its place,
the word ‘‘Consortium’’.
■ 3. Section 655.10 is revised to read as
follows:
■

§ 655.10 What kinds of projects does the
Secretary assist?

Subpart A of 34 CFR parts 656, 657,
and 669 and subpart B of 34 CFR parts
658, 660, 661 describe the kinds of
projects that the Secretary assists under
the International Education Programs.
(Authority: 20 U.S.C. 1121–1127)

PART 656—NATIONAL RESOURCE
CENTERS PROGRAM FOR FOREIGN
LANGUAGE AND AREA STUDIES OR
FOREIGN LANGUAGE AND
INTERNATIONAL STUDIES

Colleges and universities, Cultural
exchange programs, Educational study
programs, Grant programs—education,
Reporting and recordkeeping
requirements, Scholarships and
fellowships.

■

34 CFR Part 658

■

4. The authority citation for part 656
continues to read as follows:

Authority: 20 U.S.C. 1122, unless
otherwise noted.
§ 656.1

[Amended]

Colleges and universities, Cultural
exchange programs, Educational study
programs, Grant programs—education.

5. Section 656.1 is amended in the
introductory text by removing the word
‘‘combinations’’ and adding, in its place,
the word ‘‘consortia’’.

34 CFR Part 660

§ 656.2

Colleges and universities, Cultural
exchange programs, Educational
research, Educational study programs,
Grant programs—education.

■

34 CFR Part 661
Business and industry, Colleges and
universities, Educational study
programs, Grant programs—education,
Student aid.
Dated: July 13, 2009.
Arne Duncan,
Secretary of Education.

For the reasons discussed in the
preamble, the Secretary amends parts
655, 656, 657, 658, 660, and 661 of title
34 of the Code of Federal Regulations as
follows:

■

PART 655—INTERNATIONAL
EDUCATION PROGRAMS—GENERAL
PROVISIONS
1. The authority citation for part 655
continues to read as follows:

■

Authority: 20 U.S.C. 1121–1130b, unless
otherwise noted.
§ 655.4
■

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2. Section 655.4(b) is amended by:

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[Amended]

6. Section 656.2 is amended by
removing the word ‘‘combination’’ and
adding, in its place, the word
‘‘consortium’’.
■ 7. Section 656.3 is amended by:
■ A. Removing the word ‘‘and’’ at the
end of paragraph (g).
■ B. Removing the punctuation ‘‘.’’ at
the end of paragraph (h) and adding, in
its place, the punctuation ‘‘;’’.
■ C. Adding new paragraphs (i) and (j).
The additions read as follows:
§ 656.3 What activities define a
comprehensive or undergraduate National
Resource Center?

*

*
*
*
*
(i) Supports instructors of the less
commonly taught languages; and
(j) Encourages projects that support
students in the science, technology,
engineering, and mathematics fields to
achieve foreign language proficiency.
*
*
*
*
*
■ 8. Section 656.5 is amended by:
■ A. Redesignating paragraphs (b)(3),
(b)(4), and (b)(5) as paragraphs (b)(4),
(b)(5), and (b)(6), respectively.
■ B. Adding a new paragraph (b)(3).
■ C. Revising newly redesignated
paragraph (b)(4).

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D. Revising newly redesignated
paragraph (b)(6).
The revisions and additions read as
follows:

■

§ 656.5

What activities may be carried out?

*

*
*
*
*
(b) * * *
(3) Linkage or outreach between or
among—
(i) Postsecondary programs or
departments in foreign language, area
studies, or other international fields;
and
(ii) State educational agencies or local
educational agencies.
(4) Partnerships or programs of
linkage and outreach with departments
or agencies of Federal and State
governments, including Federal or State
scholarship programs for students in
related areas.
*
*
*
*
*
(6) Summer institutes in area studies,
foreign Language, and other
international fields designed to carry
out the activities in paragraphs (b)(1)
through (b)(5) of this section.
■ 9. Section 656.21 is amended by:
■ A. Removing the word ‘‘and’’ at the
end of paragraph (c)(1).
■ B. Removing the punctuation ‘‘.’’ at
the end of paragraph (c)(2) and adding,
in its place, the punctuation ‘‘;’’.
■ C. Adding new paragraphs (c)(3) and
(c)(4).
The additions read as follows:
§ 656.21 What selection criteria does the
Secretary use to evaluate an application for
a comprehensive Center?

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*

*
*
*
*
(c) * * *
(3) The degree to which activities of
the Center address national needs, and
generate information for and
disseminate information to the public;
and
(4) The applicant’s record of placing
students into post-graduate
employment, education, or training in
areas of national need and the
applicant’s stated efforts to increase the
number of such students that go into
such placements.
*
*
*
*
*
■ 10. Section 656.22 is amended by:
■ A. Removing the word ‘‘and’’ at the
end of paragraph (c)(1).
■ B. Removing the punctuation ‘‘.’’ at
the end of paragraph (c)(2), and adding,
in its place, the punctuation ‘‘;’’.
■ C. Adding new paragraphs (c)(3) and
(c)(4).
The additions read as follows:
§ 656.22 What selection criteria does the
Secretary use to evaluate an application for
an undergraduate Center?

*

*

*

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*

*

18:32 Jul 16, 2009

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(c) * * *
(3) The degree to which activities of
the Center address national needs, and
generate information for and
disseminate information to the public;
and
(4) The applicant’s record of placing
students into post-graduate
employment, education, or training in
areas of national need and the
applicant’s stated efforts to increase the
number of such students that go into
such placements.
*
*
*
*
*
PART 657—FOREIGN LANGUAGE AND
AREA STUDIES FELLOWSHIPS
PROGRAM
11. The authority citation for part 657
continues to read as follows:

■

Authority: 20 U.S.C. 1122, unless
otherwise noted.
§ 657.1

[Amended]

12. Section 657.1 is amended by
adding the words ‘‘undergraduate or’’
before the word ‘‘graduate’’ in paragraph
(a).

■

§ 657.2

[Amended]

13. Section 657.2 is amended by
removing the word ‘‘combination’’ in
paragraph (a) introductory text and
adding, in its place, the word
‘‘consortium’’.
■ 14. Section 657.3 is amended by:
■ A. Removing the word ‘‘and’’ at the
end of paragraph (c).
■ B. Removing the punctuation ‘‘.’’ at
the end of paragraph (d) and adding, in
its place, the punctuation ‘‘;’’.
■ C. Adding new paragraphs (e) and (f).
The additions read as follows:
■

§ 657.3 Who is eligible to receive a
fellowship?

*

*
*
*
*
(e) In the case of an undergraduate
student, is in the intermediate or
advanced study of a less commonly
taught language; or
(f) In the case of a graduate student,
is engaged in—
(1) Predissertation level study;
(2) Preparation for dissertation
research;
(3) Dissertation research abroad; or
(4) Dissertation writing.
*
*
*
*
*
■ 15. Section 657.21 is amended by:
■ A. Adding the words ‘‘undergraduate
and’’ before the word ‘‘graduate’’ in
paragraph (c)(1).
■ B. Removing the word ‘‘and’’ at the
end of paragraph (c)(1).
■ C. Removing the punctuation ‘‘.’’ at
the end of paragraph (c)(2), and adding,
in its place, the punctuation ‘‘;’’.

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35073

D. Adding new paragraphs (c)(3) and
(c)(4).
■ E. Removing the word ‘‘graduate’’
from paragraphs (d)(2), (e)(1), (f)(4) and
(h)(1).
The additions read as follows:
■

§ 657.21 What criteria does the Secretary
use in selecting institutions for an
allocation of fellowships?

*

*
*
*
*
(c) * * *
(3) The degree to which fellowships
awarded by the applicant address
national needs; and
(4) The applicant’s record of placing
students into post-graduate
employment, education, or training in
areas of national need and the
applicant’s stated efforts to increase the
number of such students that go into
such placements.
*
*
*
*
*
■ 16. Section 657.31 is amended by:
■ A. Revising paragraph (a)(4).
■ B. Adding a new paragraph (a)(5).
The revisions and addition read as
follows:
§ 657.31 What is the amount of a
fellowship?

(a) * * *
(4) If permitted by the Secretary, a
stipend awarded to a graduate level
recipient may include allowances for
dependents and travel for research and
study in the United States and abroad.
(5) A stipend awarded to an
undergraduate level recipient may
include an allowance for educational
programs in the United States or
educational programs abroad that—
(i) Are closely linked to the overall
goals of the recipient’s course of study;
and
(ii) Have the purpose of promoting
foreign language fluency and knowledge
of foreign cultures.
*
*
*
*
*
PART 658—UNDERGRADUATE
INTERNATIONAL STUDIES AND
FOREIGN LANGUAGE PROGRAM
17. The authority citation for part 658
continues to read as follows:

■

Authority: 20 U.S.C. 1124, unless
otherwise noted.
§ 658.1

[Amended]

18. Section 658.1 is amended by
removing the word ‘‘combinations’’
each time it appears and adding, in its
place, the word ‘‘consortia’’.

■

§ 658.2

[Amended]

19. Section 658.2(b) is amended by
removing the word ‘‘combinations’’ and
adding, in its place, the word
‘‘consortia’’.

■

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35074
§ 658.10

Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations
[Amended]

20. Section 658.10(a) is amended by:
A. Removing the word ‘‘combination’’
and adding, in its place, the word
‘‘consortium’’.
■ B. Removing the word
‘‘combinations’’ and adding, in its place,
the word ‘‘consortia’’.
■ 21. Section 658.11 is amended by:
■ A. Revising paragraph (b)(5).
■ B. Redesignating paragraphs (j), (k),
(l), and (m) as paragraphs (k), (l), (m),
and (n), respectively.
■ C. Adding a new paragraph (j).
The additions and revisions read as
follows:
■
■

§ 658.11 What projects and activities may
a grantee conduct under this program?

*

*
*
*
*
(b) * * *
(5) Conducting pre-service teacher
training and in-service teacher
professional development;
*
*
*
*
*
(j) Providing grants for educational
programs abroad that—
(1) Are closely linked to the program’s
overall goals; and
(2) Have the purpose of promoting
foreign language fluency and knowledge
of world regions;
*
*
*
*
*
§ 658.30

[Amended]

22. Section 658.30(a) is amended by
removing the word ‘‘combination’’ and
adding, in its place, the word
‘‘consortium’’.

■

§ 658.32

23. Section 658.32, introductory text,
is amended by removing the word
‘‘combination’’ and adding, in its place,
the word ‘‘consortium’’.
[Amended]

24. Section 658.35(a) is amended by
removing the word ‘‘combinations’’ and
adding, in its place, the word
‘‘consortia’’.
■ 25. Section 658.40 is revised to read
as follows:

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■

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18:32 Jul 16, 2009

(a) Equipment costs may not exceed
five percent of the grant amount; and
(b) No more than ten percent of the
total amount of grant funds awarded to
a grantee under this part may be used
for the activity described in § 658.11(j).
(Authority: 20 U.S.C. 1124)

26. Section 658.41(d)(2) is revised to
read as follows:

■

§ 658.41 What are the cost-sharing
requirements?

*

*
*
*
*
(d) * * *
(2) Have submitted a grant application
under this part that demonstrates a need
for a waiver or reduction.
*
*
*
*
*
PART 660—THE INTERNATIONAL
RESEARCH AND STUDIES PROGRAM
27. The authority citation for part 660
continues to read as follows:

■

Authority: 20 U.S.C. 1125, unless
otherwise noted.

28. Section 660.1 is amended by:
A. Removing the word ‘‘and’’ at the
end of paragraph (h).
■ B. Removing the punctuation‘‘.’’ at the
end of paragraph (i) and adding, in its
place, the punctuation ‘‘;’’.
■ C. Adding new paragraphs (j), (k), and
(l).
The additions read as follows:
■
■

§ 660.1 What is the International Research
and Studies Program?

*

[Amended]

■

§ 658.35

§ 658.40 What are the limitations on
allowable costs?

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*
*
*
*
(j) Evaluations of the extent to which
programs assisted under title VI of the
HEA reflect diverse perspectives and a
wide range of views and generate debate
on world regions and international
affairs, as described in the grantee’s
application;
(k) Systematic collection, analysis,
and dissemination of data that
contribute to achieving the purposes of
title VI, part A of the HEA; and
(l) Support for programs or activities
to make data collected, analyzed, or

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disseminated under this part publicly
available and easy to understand.
*
*
*
*
*
29. Section 660.10 is amended by
adding new paragraphs (k), (l) and (m)
to read as follows:

■

§ 660.10
assist?

What activities does the Secretary

*

*
*
*
*
(k) Evaluations of the extent to which
programs assisted under title VI of the
HEA reflect diverse perspectives and a
wide range of views and generate debate
on world regions and international
affairs, as described in the grantee’s
application.
(l) Systematic collection, analysis, and
dissemination of data that contribute to
achieving the purposes of title VI, part
A of the HEA.
(m) Support for programs or activities
to make data collected, analyzed, or
disseminated under this part publicly
available and easy to understand.
*
*
*
*
*
PART 661—BUSINESS AND
INTERNATIONAL EDUCATION
PROGRAM
30. The authority citation for part 661
continues to read as follows:

■

Authority: 20 U.S.C. 1130a, unless
otherwise noted.

31. Section 661.20 is amended by
adding a new paragraph (c).
The addition reads as follows:

■

§ 661.20 What must an application
include?

*

*
*
*
*
(c) An assurance that, where
applicable, the activities funded by the
grant will reflect diverse perspectives
and a wide range of views on world
regions and international affairs.
*
*
*
*
*
[FR Doc. E9–16953 Filed 7–16–09; 8:45 am]
BILLING CODE 4000–01–P

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THE GPRA OF 1993

ATTACHMENT A: STATUTES AND REGULATIONS

One Hundred Third Congress
of the
United States of America
Begun and held at the City of Washington on Tuesday, the fifth day of January, one thousand nine hundred
and ninety-three.
An Act
To provide for the establishment of strategic planning and performance measurement in the Federal
Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Government Performance and Results Act of 1993".
SECTION 2. FINDINGS AND PURPOSES.
(a) Findings.-The Congress finds that(1) waste and inefficiency in Federal programs undermine the confidence of the American people in the
Government and reduces the Federal Government's ability to address adequately vital public needs;
(2) Federal managers are seriously disadvantaged in their efforts to improve program efficiency and
effectiveness, because of insufficient articulation of program goals and inadequate information on
program performance; and
(3) congressional policymaking, spending decisions and program oversight are seriously handicapped by
insufficient attention to program performance and results.
(b) Purposes.-The purposes of this Act are to(1) improve the confidence of the American people in the capability of the Federal Government, by
systematically holding Federal agencies accountable for achieving program results;
(2) initiate program performance reform with a series of pilot projects in setting program goals, measuring
program performance against those goals, and reporting publicly on their progress;
(3) improve Federal program effectiveness and public accountability by promoting a new focus on results,
service quality, and customer satisfaction;
(4) help Federal managers improve service delivery, by requiring that they plan for meeting program
objectives and by providing them with information about program results and service quality;
(5) improve congressional decisionmaking by providing more objective information on achieving statutory
objectives, and on the relative effectiveness and efficiency of Federal programs and spending; and

(6) improve internal management of the Federal Government.
SECTION 3. STRATEGIC PLANNING.
Chapter 3 of title 5, United States Code, is amended by adding after section 305 the following new
section:
"Sec. 306. Strategic plans
"(a) No later than September 30, 1997, the head of each agency shall submit to the Director of the Office
of Management and Budget and to the Congress a strategic plan for program activities. Such plan shall
contain"(1) a comprehensive mission statement covering the major functions and operations of the agency;
"(2) general goals and objectives, including outcome- related goals and objectives, for the major functions
and operations of the agency;
"(3) a description of how the goals and objectives are to be achieved, including a description of the
operational processes, skills and technology, and the human, capital, information, and other resources
required to meet those goals and objectives;
"(4) a description of how the performance goals included in the plan required by section 1115(a) of title 31
shall be related to the general goals and objectives in the strategic plan;
"(5) an identification of those key factors external to the agency and beyond its control that could
significantly affect the achievement of the general goals and objectives; and
"(6) a description of the program evaluations used in establishing or revising general goals and objectives,
with a schedule for future program evaluations.
"(b) The strategic plan shall cover a period of not less than five years forward from the fiscal year in which
it is submitted, and shall be updated and revised at least every three years.
"(c) The performance plan required by section 1115 of title 31 shall be consistent with the agency's
strategic plan. A performance plan may not be submitted for a fiscal year not covered by a current
strategic plan under this section.
"(d) When developing a strategic plan, the agency shall consult with the Congress, and shall solicit and
consider the views and suggestions of those entities potentially affected by or interested in such a plan.
"(e) The functions and activities of this section shall be considered to be inherently Governmental
functions. The drafting of strategic plans under this section shall be performed only by Federal employees.
"(f) For purposes of this section the term 'agency' means an Executive agency defined under section 105,
but does not include the Central Intelligence Agency, the General Accounting Office, the Panama Canal
Commission, the United States Postal Service, and the Postal Rate Commission.".

SECTION 4. ANNUAL PERFORMANCE PLANS AND REPORTS.
(a) Budget Contents and Submission to Congress.-Section 1105(a) of title 31, United States Code, is
amended by adding at the end thereof the following new paragraph:
"(29) beginning with fiscal year 1999, a Federal Government performance plan for the overall budget as
provided for under section 1115.".
(b) Performance Plans and Reports.-Chapter 11 of title 31, United States Code, is amended by adding after
section 1114 the following new sections:
"Sec. 1115. Performance plans
"(a) In carrying out the provisions of section 1105(a)(29), the Director of the Office of Management and
Budget shall require each agency to prepare an annual performance plan covering each program activity
set forth in the budget of such agency. Such plan shall"(1) establish performance goals to define the level of performance to be achieved by a program activity;
"(2) express such goals in an objective, quantifiable, and measurable form unless authorized to be in an
alternative form under subsection (b);
"(3) briefly describe the operational processes, skills and technology, and the human, capital, information,
or other resources required to meet the performance goals;
"(4) establish performance indicators to be used in measuring or assessing the relevant outputs, service
levels, and outcomes of each program activity;
"(5) provide a basis for comparing actual program results with the established performance goals; and
"(6) describe the means to be used to verify and validate measured values.
"(b) If an agency, in consultation with the Director of the Office of Management and Budget, determines
that it is not feasible to express the performance goals for a particular program activity in an objective,
quantifiable, and measurable form, the Director of the Office of Management and Budget may authorize an
alternative form. Such alternative form shall"(1) include separate descriptive statements of"(A)(i) a minimally effective program, and
"(ii) a successful program, or
"(B) such alternative as authorized by the Director of the Office of Management and Budget, with sufficient
precision and in such terms that would allow for an accurate, independent determination of whether the
program activity's performance meets the criteria of the description; or
"(2) state why it is infeasible or impractical to express a performance goal in any form for the program
activity.

"(c) For the purpose of complying with this section, an agency may aggregate, disaggregate, or consolidate
program activities, except that any aggregation or consolidation may not omit or minimize the
significance of any program activity constituting a major function or operation for the agency.
"(d) An agency may submit with its annual performance plan an appendix covering any portion of the plan
that"(1) is specifically authorized under criteria established by an Executive order to be kept secret in the
interest of national defense or foreign policy; and
"(2) is properly classified pursuant to such Executive order.
"(e) The functions and activities of this section shall be considered to be inherently Governmental
functions. The drafting of performance plans under this section shall be performed only by Federal
employees.
"(f) For purposes of this section and sections 1116 through 1119, and sections 9703 and 9704 the term"(1) 'agency' has the same meaning as such term is defined under section 306(f) of title 5;
"(2) 'outcome measure' means an assessment of the results of a program activity compared to its intended
purpose;
"(3) 'output measure' means the tabulation, calculation, or recording of activity or effort and can be
expressed in a quantitative or qualitative manner;
"(4) 'performance goal' means a target level of performance expressed as a tangible, measurable objective,
against which actual achievement can be compared, including a goal expressed as a quantitative standard,
value, or rate;
"(5) 'performance indicator' means a particular value or characteristic used to measure output or outcome;
"(6) 'program activity' means a specific activity or project as listed in the program and financing schedules
of the annual budget of the United States Government; and
"(7) 'program evaluation' means an assessment, through objective measurement and systematic analysis,
of the manner and extent to which Federal programs achieve intended objectives.
"Sec. 1116. Program performance reports
"(a) No later than March 31, 2000, and no later than March 31 of each year thereafter, the head of each
agency shall prepare and submit to the President and the Congress, a report on program performance for
the previous fiscal year.
"(b)(1) Each program performance report shall set forth the performance indicators established in the
agency performance plan under section 1115, along with the actual program performance achieved
compared with the performance goals expressed in the plan for that fiscal year.

"(2) If performance goals are specified in an alternative form under section 1115(b), the results of such
program shall be described in relation to such specifications, including whether the performance failed to
meet the criteria of a minimally effective or successful program.
"(c) The report for fiscal year 2000 shall include actual results for the preceding fiscal year, the report for
fiscal year 2001 shall include actual results for the two preceding fiscal years, and the report for fiscal year
2002 and all subsequent reports shall include actual results for the three preceding fiscal years.
"(d) Each report shall"(1) review the success of achieving the performance goals of the fiscal year;
"(2) evaluate the performance plan for the current fiscal year relative to the performance achieved toward
the performance goals in the fiscal year covered by the report;
"(3) explain and describe, where a performance goal has not been met (including when a program activity's
performance is determined not to have met the criteria of a successful program activity under section
1115(b)(1)(A)(ii) or a corresponding level of achievement if another alternative form is used)"(A) why the goal was not met;
"(B) those plans and schedules for achieving the established performance goal; and
"(C) if the performance goal is impractical or infeasible, why that is the case and what action is
recommended;
"(4) describe the use and assess the effectiveness in achieving performance goals of any waiver under
section 9703 of this title; and
"(5) include the summary findings of those program evaluations completed during the fiscal year covered
by the report.
"(e) An agency head may include all program performance information required annually under this
section in an annual financial statement required under section 3515 if any such statement is submitted to
the Congress no later than March 31 of the applicable fiscal year.
"(f) The functions and activities of this section shall be considered to be inherently Governmental
functions. The drafting of program performance reports under this section shall be performed only by
Federal employees.
"Sec. 1117. Exemption
"The Director of the Office of Management and Budget may exempt from the requirements of sections
1115 and 1116 of this title and section 306 of title 5, any agency with annual outlays of $20,000,000 or
less.".
SECTION 5. MANAGERIAL ACCOUNTABILITY AND FLEXIBILITY.

(a) Managerial Accountability and Flexibility.-Chapter 97 of title 31, United States Code, is amended by
adding after section 9702, the following new section:
"Sec. 9703. Managerial accountability and flexibility
"(a) Beginning with fiscal year 1999, the performance plans required under section 1115 may include
proposals to waive administrative procedural requirements and controls, including specification of
personnel staffing levels, limitations on compensation or remuneration, and prohibitions or restrictions on
funding transfers among budget object classification 20 and subclassifications 11, 12, 31, and 32 of each
annual budget submitted under section 1105, in return for specific individual or organization
accountability to achieve a performance goal. In preparing and submitting the performance plan under
section 1105(a)(29), the Director of the Office of Management and Budget shall review and may approve
any proposed waivers. A waiver shall take effect at the beginning of the fiscal year for which the waiver is
approved.
"(b) Any such proposal under subsection (a) shall describe the anticipated effects on performance resulting
from greater managerial or organizational flexibility, discretion, and authority, and shall quantify the
expected improvements in performance resulting from any waiver. The expected improvements shall be
compared to current actual performance, and to the projected level of performance that would be
achieved independent of any waiver.
"(c) Any proposal waiving limitations on compensation or remuneration shall precisely express the
monetary change in compensation or remuneration amounts, such as bonuses or awards, that shall result
from meeting, exceeding, or failing to meet performance goals.
"(d) Any proposed waiver of procedural requirements or controls imposed by an agency (other than the
proposing agency or the Office of Management and Budget) may not be included in a performance plan
unless it is endorsed by the agency that established the requirement, and the endorsement included in the
proposing agency's performance plan.
"(e) A waiver shall be in effect for one or two years as specified by the Director of the Office of
Management and Budget in approving the waiver. A waiver may be renewed for a subsequent year. After a
waiver has been in effect for three consecutive years, the performance plan prepared under section 1115
may propose that a waiver, other than a waiver of limitations on compensation or remuneration, be made
permanent.
"(f) For purposes of this section, the definitions under section 1115(f) shall apply.".
SECTION 6. PILOT PROJECTS.
(a) Performance Plans and Reports.-Chapter 11 of title 31, United States Code, is amended by inserting
after section 1117 (as added by section 4 of this Act) the following new section:
"Sec. 1118. Pilot projects for performance goals
"(a) The Director of the Office of Management and Budget, after consultation with the head of each agency,
shall designate not less than ten agencies as pilot projects in performance measurement for fiscal years

1994, 1995, and 1996. The selected agencies shall reflect a representative range of Government functions
and capabilities in measuring and reporting program performance.
"(b) Pilot projects in the designated agencies shall undertake the preparation of performance plans under
section 1115, and program performance reports under section 1116, other than section 1116(c), for one
or more of the major functions and operations of the agency. A strategic plan shall be used when
preparing agency performance plans during one or more years of the pilot period.
"(c) No later than May 1, 1997, the Director of the Office of Management and Budget shall submit a report
to the President and to the Congress which shall"(1) assess the benefits, costs, and usefulness of the plans and reports prepared by the pilot agencies in
meeting the purposes of the Government Performance and Results Act of 1993;
"(2) identify any significant difficulties experienced by the pilot agencies in preparing plans and reports;
and
"(3) set forth any recommended changes in the requirements of the provisions of Government
Performance and Results Act of 1993, section 306 of title 5, sections 1105, 1115, 1116, 1117, 1119 and
9703 of this title, and this section.".
(b) Managerial Accountability and Flexibility.-Chapter 97 of title 31, United States Code, is amended by
inserting after section 9703 (as added by section 5 of this Act) the following new section:
"Sec. 9704. Pilot projects for managerial accountability and flexibility
"(a) The Director of the Office of Management and Budget shall designate not less than five agencies as
pilot projects in managerial accountability and flexibility for fiscal years 1995 and 1996. Such agencies
shall be selected from those designated as pilot projects under section 1118 and shall reflect a
representative range of Government functions and capabilities in measuring and reporting program
performance.
"(b) Pilot projects in the designated agencies shall include proposed waivers in accordance with section
9703 for one or more of the major functions and operations of the agency.
"(c) The Director of the Office of Management and Budget shall include in the report to the President and
to the Congress required under section 1118(c)"(1) an assessment of the benefits, costs, and usefulness of increasing managerial and organizational
flexibility, discretion, and authority in exchange for improved performance through a waiver; and
"(2) an identification of any significant difficulties experienced by the pilot agencies in preparing proposed
waivers.
"(d) For purposes of this section the definitions under section 1115(f) shall apply.".
(c) Performance Budgeting.-Chapter 11 of title 31, United States Code, is amended by inserting after
section 1118 (as added by section 6 of this Act) the following new section:

"Sec. 1119. Pilot projects for performance budgeting
"(a) The Director of the Office of Management and Budget, after consultation with the head of each agency
shall designate not less than five agencies as pilot projects in performance budgeting for fiscal years 1998
and 1999. At least three of the agencies shall be selected from those designated as pilot projects under
section 1118, and shall also reflect a representative range of Government functions and capabilities in
measuring and reporting program performance.
"(b) Pilot projects in the designated agencies shall cover the preparation of performance budgets. Such
budgets shall present, for one or more of the major functions and operations of the agency, the varying
levels of performance, including outcome-related performance, that would result from different budgeted
amounts.
"(c) The Director of the Office of Management and Budget shall include, as an alternative budget
presentation in the budget submitted under section 1105 for fiscal year 1999, the performance budgets of
the designated agencies for this fiscal year.
"(d) No later than March 31, 2001, the Director of the Office of Management and Budget shall transmit a
report to the President and to the Congress on the performance budgeting pilot projects which shall"(1) assess the feasibility and advisability of including a performance budget as part of the annual budget
submitted under section 1105;
"(2) describe any difficulties encountered by the pilot agencies in preparing a performance budget;
"(3) recommend whether legislation requiring performance budgets should be proposed and the general
provisions of any legislation; and
"(4) set forth any recommended changes in the other requirements of the Government Performance and
Results Act of 1993, section 306 of title 5, sections 1105, 1115, 1116, 1117, and 9703 of this title, and
this section.
"(e) After receipt of the report required under subsection (d), the Congress may specify that a performance
budget be submitted as part of the annual budget submitted under section 1105.".
SECTION 7. UNITED STATES POSTAL SERVICE.
Part III of title 39, United States Code, is amended by adding at the end thereof the following new chapter:
"CHAPTER 28-STRATEGIC PLANNING AND PERFORMANCE MANAGEMENT
"Sec.
"2801. Definitions.
"2802. Strategic plans.
"2803. Performance plans.

"2804. Program performance reports.
"2805. Inherently Governmental functions.
"Sec. 2801. Definitions
"For purposes of this chapter the term"(1) 'outcome measure' refers to an assessment of the results of a program activity compared to its
intended purpose;
"(2) 'output measure' refers to the tabulation, calculation, or recording of activity or effort and can be
expressed in a quantitative or qualitative manner;
"(3) 'performance goal' means a target level of performance expressed as a tangible, measurable objective,
against which actual achievement shall be compared, including a goal expressed as a quantitative
standard, value, or rate;
"(4) 'performance indicator' refers to a particular value or characteristic used to measure output or
outcome;
"(5) 'program activity' means a specific activity related to the mission of the Postal Service; and
"(6) 'program evaluation' means an assessment, through objective measurement and systematic analysis,
of the manner and extent to which Postal Service programs achieve intended objectives.
"Sec. 2802. Strategic plans
"(a) No later than September 30, 1997, the Postal Service shall submit to the President and the Congress a
strategic plan for its program activities. Such plan shall contain"(1) a comprehensive mission statement covering the major functions and operations of the Postal Service;
"(2) general goals and objectives, including outcome- related goals and objectives, for the major functions
and operations of the Postal Service;
"(3) a description of how the goals and objectives are to be achieved, including a description of the
operational processes, skills and technology, and the human, capital, information, and other resources
required to meet those goals and objectives;
"(4) a description of how the performance goals included in the plan required under section 2803 shall be
related to the general goals and objectives in the strategic plan;
"(5) an identification of those key factors external to the Postal Service and beyond its control that could
significantly affect the achievement of the general goals and objectives; and
"(6) a description of the program evaluations used in establishing or revising general goals and objectives,
with a schedule for future program evaluations.

"(b) The strategic plan shall cover a period of not less than five years forward from the fiscal year in which
it is submitted, and shall be updated and revised at least every three years.
"(c) The performance plan required under section 2803 shall be consistent with the Postal Service's
strategic plan. A performance plan may not be submitted for a fiscal year not covered by a current
strategic plan under this section.
"(d) When developing a strategic plan, the Postal Service shall solicit and consider the views and
suggestions of those entities potentially affected by or interested in such a plan, and shall advise the
Congress of the contents of the plan.
"Sec. 2803. Performance plans
"(a) The Postal Service shall prepare an annual performance plan covering each program activity set forth
in the Postal Service budget, which shall be included in the comprehensive statement presented under
section 2401(g) of this title. Such plan shall"(1) establish performance goals to define the level of performance to be achieved by a program activity;
"(2) express such goals in an objective, quantifiable, and measurable form unless an alternative form is
used under subsection (b);
"(3) briefly describe the operational processes, skills and technology, and the human, capital, information,
or other resources required to meet the performance goals;
"(4) establish performance indicators to be used in measuring or assessing the relevant outputs, service
levels, and outcomes of each program activity;
"(5) provide a basis for comparing actual program results with the established performance goals; and
"(6) describe the means to be used to verify and validate measured values.
"(b) If the Postal Service determines that it is not feasible to express the performance goals for a particular
program activity in an objective, quantifiable, and measurable form, the Postal Service may use an
alternative form. Such alternative form shall"(1) include separate descriptive statements of"(A) a minimally effective program, and
"(B) a successful program,
with sufficient precision and in such terms that would allow for an accurate, independent determination of
whether the program activity's performance meets the criteria of either description; or
"(2) state why it is infeasible or impractical to express a performance goal in any form for the program
activity.

"(c) In preparing a comprehensive and informative plan under this section, the Postal Service may
aggregate, disaggregate, or consolidate program activities, except that any aggregation or consolidation
may not omit or minimize the significance of any program activity constituting a major function or
operation.
"(d) The Postal Service may prepare a non-public annex to its plan covering program activities or parts of
program activities relating to"(1) the avoidance of interference with criminal prosecution; or
"(2) matters otherwise exempt from public disclosure under section 410(c) of this title.
"Sec. 2804. Program performance reports
"(a) The Postal Service shall prepare a report on program performance for each fiscal year, which shall be
included in the annual comprehensive statement presented under section 2401(g) of this title.
"(b)(1) The program performance report shall set forth the performance indicators established in the Postal
Service performance plan, along with the actual program performance achieved compared with the
performance goals expressed in the plan for that fiscal year.
"(2) If performance goals are specified by descriptive statements of a minimally effective program activity
and a successful program activity, the results of such program shall be described in relationship to those
categories, including whether the performance failed to meet the criteria of either category.
"(c) The report for fiscal year 2000 shall include actual results for the preceding fiscal year, the report for
fiscal year 2001 shall include actual results for the two preceding fiscal years, and the report for fiscal year
2002 and all subsequent reports shall include actual results for the three preceding fiscal years.
"(d) Each report shall"(1) review the success of achieving the performance goals of the fiscal year;
"(2) evaluate the performance plan for the current fiscal year relative to the performance achieved towards
the performance goals in the fiscal year covered by the report;
"(3) explain and describe, where a performance goal has not been met (including when a program activity's
performance is determined not to have met the criteria of a successful program activity under section
2803(b)(2))"(A) why the goal was not met;
"(B) those plans and schedules for achieving the established performance goal; and
"(C) if the performance goal is impractical or infeasible, why that is the case and what action is
recommended; and

"(4) include the summary findings of those program evaluations completed during the fiscal year covered
by the report.
"Sec. 2805. Inherently Governmental functions
"The functions and activities of this chapter shall be considered to be inherently Governmental functions.
The drafting of strategic plans, performance plans, and program performance reports under this section
shall be performed only by employees of the Postal Service.".
SECTION 8. CONGRESSIONAL OVERSIGHT AND LEGISLATION.
(a) In General.-Nothing in this Act shall be construed as limiting the ability of Congress to establish,
amend, suspend, or annul a performance goal. Any such action shall have the effect of superseding that
goal in the plan submitted under section 1105(a)(29) of title 31, United States Code.
(b) GAO Report.-No later than June 1, 1997, the Comptroller General of the United States shall report to
Congress on the implementation of this Act, including the prospects for compliance by Federal agencies
beyond those participating as pilot projects under sections 1118 and 9704 of title 31, United States Code.
SECTION 9. TRAINING.
The Office of Personnel Management shall, in consultation with the Director of the Office of Management
and Budget and the Comptroller General of the United States, develop a strategic planning and
performance measurement training component for its management training program and otherwise
provide managers with an orientation on the development and use of strategic planning and program
performance measurement.
SECTION 10. APPLICATION OF ACT.
No provision or amendment made by this Act may be construed as(1) creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of
the United States acting in such capacity, and no person who is not an officer or employee of the United
States acting in such capacity shall have standing to file any civil action in a court of the United States to
enforce any provision or amendment made by this Act; or
(2) superseding any statutory requirement, including any requirement under section 553 of title 5, United
States Code.
SECTION 11. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Amendment to Title 5, United States Code.-The table of sections for chapter 3 of title 5, United States
Code, is amended by adding after the item relating to section 305 the following:
"306. Strategic plans.".
(b) Amendments to Title 31, United States Code.-

(1) Amendment to chapter 11.-The table of sections for chapter 11 of title 31, United States Code, is
amended by adding after the item relating to section 1114 the following:
"1115. Performance plans.
"1116. Program performance reports.
"1117. Exemptions.
"1118. Pilot projects for performance goals.
"1119. Pilot projects for performance budgeting.".
(2) Amendment to chapter 97.-The table of sections for chapter 97 of title 31, United States Code, is
amended by adding after the item relating to section 9702 the following:
"9703. Managerial accountability and flexibility.
"9704. Pilot projects for managerial accountability and flexibility.".
(c) Amendment to Title 39, United States Code.-The table of chapters for part III of title 39, United States
Code, is amended by adding at the end thereof the following new item:
"28. Strategic planning and performance management 2801".
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.

THE HIGHER EDUCATION ACT OF
1965, AS AMENDED, TITLE VI PART A –
INTERNATIONAL AND FOREIGN
LANGUAGE STUDIES, SECTION 602(A)
NATIONAL LANGUAGE AND AREA
CENTERS AND PROGRAMS; SECTION
602(B) GRADUATE FELLOWSHIPS FOR
FOREIGN LANGUAGE AND AREA OR
INTERNATIONAL STUDIES

ATTACHMENT A: STATUTES AND REGULATIONS

1998 Amendments to the Higher Education Act of 1965
P.L. 105-244

TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
Part A of title VI (20 U.S.C. 1121 et seq.) is amended to read as follows:
`PART A--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
`SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND PROGRAMS.
`(a) NATIONAL LANGUAGE AND AREA CENTERS AND PROGRAMS AUTHORIZED`(1) CENTERS AND PROGRAMS`(A) IN GENERAL- The Secretary is authorized-`(i) to make grants to institutions of higher education, or combinations thereof, for
the purpose of establishing, strengthening, and operating comprehensive foreign
language and area or international studies centers and programs; and
`(ii) to make grants to such institutions or combinations for the purpose of
establishing, strengthening, and operating a diverse network of undergraduate
foreign language and area or international studies centers and programs.
`(B) NATIONAL RESOURCES- The centers and programs referred to in paragraph (1) shall
be national resources for-`(i) teaching of any modern foreign language;
`(ii) instruction in fields needed to provide full understanding of areas, regions, or
countries in which such language is commonly used;
`(iii) research and training in international studies, and the international and
foreign language aspects of professional and other fields of study; and
`(iv) instruction and research on issues in world affairs that concern one or more
countries.
`(2) AUTHORIZED ACTIVITIES- Any such grant may be used to pay all or part of the cost of
establishing or operating a center or program, including the cost of-`(A) teaching and research materials;
`(B) curriculum planning and development;
`(C) establishing and maintaining linkages with overseas institutions of higher education
and other organizations that may contribute to the teaching and research of the center or
program;
`(D) bringing visiting scholars and faculty to the center to teach or to conduct research;

`(E) professional development of the center's faculty and staff;
`(F) projects conducted in cooperation with other centers addressing themes of world
regional, cross-regional, international, or global importance;
`(G) summer institutes in the United States or abroad designed to provide language and
area training in the center's field or topic; and
`(H) support for faculty, staff, and student travel in foreign areas, regions, or countries,
and for the development and support of educational programs abroad for students.
`(3) GRANTS TO MAINTAIN LIBRARY COLLECTIONS- The Secretary may make grants to centers
described in paragraph (1) having important library collections, as determined by the Secretary, for
the maintenance of such collections.
`(4) OUTREACH GRANTS AND SUMMER INSTITUTES- The Secretary may make additional grants to
centers described in paragraph (1) for any one or more of the following purposes:
`(A) Programs of linkage or outreach between foreign language, area studies, or other
international fields, and professional schools and colleges.
`(B) Programs of linkage or outreach with 2- and 4-year colleges and universities.
`(C) Programs of linkage or outreach with departments or agencies of Federal and State
governments.
`(D) Programs of linkage or outreach with the news media, business, professional, or trade
associations.
`(E) Summer institutes in foreign area, foreign language, and other international fields
designed to carry out the programs of linkage and outreach described in subparagraphs
(A), (B), (C), and (D).
`(b) GRADUATE FELLOWSHIPS FOR FOREIGN LANGUAGE AND AREA OR INTERNATIONAL STUDIES`(1) IN GENERAL- The Secretary is authorized to make grants to institutions of higher education or
combinations of such institutions for the purpose of paying stipends to individuals undergoing
advanced training in any center or program approved by the Secretary.
`(2) ELIGIBLE STUDENTS- Students receiving stipends described in paragraph (1) shall be
individuals who are engaged in an instructional program with stated performance goals for
functional foreign language use or in a program developing such performance goals, in combination
with area studies, international studies, or the international aspects of a professional studies
program, including predissertation level studies, preparation for dissertation research, dissertation
research abroad, and dissertation writing.

34 CFR PART 656 NATIONAL
RESOURCE CENTERS PROGRAM FOR
FOREIGN LANGUAGE AND AREA
STUDIES OR FOREIGN LANGUAGE
AND INTERNATIONAL STUDIES,
SECTIONS 656.1 THROUGH 656.7,
656.10, 656.20 THROUGH 656.23 AND
656.30

ATTACHMENT A: STATUTES AND REGULATIONS

e-CFR Data is current as of September 28, 2009
Authority: 20 U.S.C. 1122, unless otherwise noted.
Source: 61 FR 50193, Sept. 24, 1996, unless otherwise noted.
Subpart A—General
§ 656.1 What is the National Resource Centers Program?
Under the National Resource Centers Program for Foreign Language and Areas Studies or Foreign Language and
International Studies (National Resource Centers Program), the Secretary awards grants to institutions of higher
education and consortia of institutions to establish, strengthen, and operate comprehensive and undergraduate
Centers that will be national resources for—
(a) Teaching of any modern foreign language;
(b) Instruction in fields needed to provide full understanding of areas, regions, or countries in which the modern
foreign language is commonly used;
(c) Research and training in international studies and the international and foreign language aspects of professional
and other fields of study; and
(d) Instruction and research on issues in world affairs that concern one or more countries.
(Authority: 20 U.S.C. 1122)
[61 FR 50193, Sept. 24, 1996, as amended at 64 FR 7739, Feb. 16, 1999; 74 FR 35072, July 17, 2009]

§ 656.2 Who is eligible to receive a grant?
top
An institution of higher education or a consortium of institutions of higher education is eligible to receive a grant under
this part.
(Authority: 20 U.S.C. 1122)
[61 FR 50193, Sept. 24, 1996, as amended at 74 FR 35072, July 17, 2009]

§ 656.3 What activities define a comprehensive or undergraduate National Resource Center?
A comprehensive or undergraduate National Resource Center—
(a) Teaches at least one modern foreign language;
(b) Provides—
(1) Instruction in fields necessary to provide a full understanding of the areas, regions, or countries in which the
modern foreign language taught is commonly used;
(2) Resources for research and training in international studies, and the international and foreign language aspects of
professional and other fields of study; or

(3) Instruction and research on issues in world affairs that concern one or more countries;
(c) Provides outreach and consultative services on a national, regional, and local basis;
(d) Maintains linkages with overseas institutions of higher education and other organizations that may contribute to
the teaching and research of the Center;
(e) Maintains important library collections;
(f) Employs faculty engaged in training and research that relates to the subject area of the Center;
(g) Conducts projects in cooperation with other centers addressing themes of world, regional, cross-regional,
international, or global importance;
(h) Conducts summer institutes in the United States or abroad designed to provide language and area training in the
Center's field or topic;
(i) Supports instructors of the less commonly taught languages; and
(j) Encourages projects that support students in the science, technology, engineering, and mathematics fields to
achieve foreign language proficiency.
(Authority: 20 U.S.C. 1122)
[64 FR 7739, Feb. 16, 1999, as amended at 74 FR 35072, July 17, 2009]

§ 656.4 What types of Centers receive grants?
The Secretary awards grants to Centers that—
(a) Focus on—
(1) A single country or on a world area (such as East Asia, Africa, or the Middle East) and offer instruction in the
principal language or languages of that country or area and those disciplinary fields necessary to provide a full
understanding of the country or area; or
(2) International studies or the international aspects of contemporary issues or topics (such as international business
or energy) while providing instruction in modern foreign languages; and
(b) Provide training at the—
(1) Graduate, professional, and undergraduate levels, as a comprehensive Center; or
(2) Undergraduate level only, as an undergraduate Center.
(Authority: 20 U.S.C. 1122)

§ 656.5 What activities may be carried out?
(a) A Center may carry out any of the activities described in §656.3 under a grant received under this part.
(b) The Secretary may make an additional grant to a Center for any one or a combination of the following purposes:

(1) Linkage or outreach between foreign language, area studies, and other international fields and professional
schools and colleges.
(2) Linkage or outreach with 2- and 4-year colleges and universities.
(3) Linkage or outreach between or among—
(i) Postsecondary programs or departments in foreign language, area studies, or other international fields; and
(ii) State educational agencies or local educational agencies.
(4) Partnerships or programs of linkage and outreach with departments or agencies of Federal and State
governments, including Federal or State scholarship programs for students in related areas.
(5) Linkage or outreach with the news media, business, professional, or trade associations.
(6) Summer institutes in area studies, foreign Language, and other international fields designed to carry out the
activities in paragraphs (b)(1) through (b)(5) of this section.
(Authority: 20 U.S.C. 1122)
[61 FR 50193, Sept. 24, 1996, as amended at 64 FR 7739, Feb. 16, 1999; 74 FR 35072, July 17, 2009]

§ 656.6 What regulations apply?
The following regulations apply to this program:
(a) The regulations in 34 CFR part 655.
(b) The regulations in this part 656.
(Authority: 20 U.S.C. 1122)

§ 656.7 What definitions apply?
The following definitions apply to this part:
(a) The definitions in 34 CFR part 655.
(b) Area studies means a program of comprehensive study of the aspects of a world area's society or societies,
including study of history, culture, economy, politics, international relations, and languages.
(c) Center means an administrative unit of an institution of higher education that has direct access to highly qualified
faculty and library resources, and coordinates a concentrated effort of educational resources, including language
training and various academic disciplines, in the area and subject matters described in §656.3.
(d) Comprehensive Center means a Center that—
(1) Contributes significantly to the national interest in advanced research and scholarship;
(2) Offers intensive language instruction;
(3) Maintains important library collections related to the area of its specialization;

(4) Makes training available to a graduate, professional, and undergraduate clientele; and
(5) Engages in curriculum development and community outreach.
(e) For purposes of this section, intensive language instruction means instruction of at least five contact hours per
week during the academic year or the equivalent of a full academic year of language instruction during the summer.
(f) Undergraduate Center means an administrative unit of an institution of higher education that—
(1) Contributes significantly to the national interest through the education of students who matriculate into advanced
language and area studies programs or professional school programs;
(2) Incorporates substantial international and foreign language content into baccalaureate degree program;
(3) Makes training available predominantly to undergraduate students; and
(4) Engages in research, curriculum development, and community outreach.
(Authority: 20 U.S.C. 1122)

Subpart B—How Does One Apply for a Grant?
§ 656.10 What combined application may an institution submit?
An institution that wishes to apply for a grant under this part and for an allocation of fellowships under 34 CFR part
657 may submit one application for both.
(Authority: 20 U.S.C. 1122)

Subpart C—How Does the Secretary Make a Grant?
§ 656.20 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a comprehensive Center under the criteria contained in §656.21, and
for an undergraduate Center under the criteria contained in §656.22.
(b) The Secretary informs applicants of the maximum possible score for each criterion in the application package or in
a notice published in theFederal Register.
(Authority: 20 U.S.C. 1122)
[61 FR 50193, Sept. 24, 1996, as amended at 70 FR 13375, Mar. 21, 2005]

§ 656.21 What selection criteria does the Secretary use to evaluate an application for a
comprehensive Center?
The Secretary evaluates an application for a comprehensive Center on the basis of the criteria in this section.
(a) Program planning and budget. The Secretary reviews each application to determine—
(1) The extent to which the activities for which the applicant seeks funding are of high quality and directly related to
the purpose of the National Resource Centers Program;

(2) The extent to which the applicant provides a development plan or timeline demonstrating how the proposed
activities will contribute to a strengthened program and whether the applicant uses its resources and personnel
effectively to achieve the proposed objectives;
(3) The extent to which the costs of the proposed activities are reasonable in relation to the objectives of the program;
and
(4) The long-term impact of the proposed activities on the institution's undergraduate, graduate, and professional
training programs.
(b) Quality of staff resources. The Secretary reviews each application to determine—
(1) The extent to which teaching faculty and other staff are qualified for the current and proposed Center activities
and training programs, are provided professional development opportunities (including overseas experience), and
participate in teaching, supervising, and advising students;
(2) The adequacy of Center staffing and oversight arrangements, including outreach and administration and the
extent to which faculty from a variety of departments, professional schools, and the library are involved; and
(3) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications
for employment from persons who are members of groups that have been traditionally underrepresented, such as
members of racial or ethnic minority groups, women, persons with disabilities, and the elderly.
(c) Impact and evaluation. The Secretary reviews each application to determine—
(1) The extent to which the Center's activities and training programs have a significant impact on the university,
community, region, and the Nation as shown through indices such as enrollments, graduate placement data,
participation rates for events, and usage of Center resources; and the extent to which the applicant supplies a clear
description of how the applicant will provide equal access and treatment of eligible project participants who are
members of groups that have been traditionally underrepresented, such as members of racial or ethnic minority
groups, women, persons with disabilities, and the elderly;
(2) The extent to which the applicant provides an evaluation plan that is comprehensive and objective and that will
produce quantifiable, outcome-measure-oriented data; and the extent to which recent evaluations have been used to
improve the applicant's program;
(3) The degree to which activities of the Center address national needs, and generate information for and
disseminate information to the public; and
(4) The applicant's record of placing students into post-graduate employment, education, or training in areas of
national need and the applicant's stated efforts to increase the number of such students that go into such
placements.
(d) Commitment to the subject area on which the Center focuses. The Secretary reviews each application to
determine the extent to which the institution provides financial and other support to the operation of the Center,
teaching staff for the Center's subject area, library resources, linkages with institutions abroad, outreach activities,
and qualified students in fields related to the Center.
(e) Strength of library. The Secretary reviews each application to determine—
(1) The strength of the institution's library holdings (both print and non-print, English and foreign language) in the
subject area and at the educational levels (graduate, professional, undergraduate) on which the Center focuses; and
the extent to which the institution provides financial support for the acquisition of library materials and for library staff
in the subject area of the Center; and

(2) The extent to which research materials at other institutions are available to students through cooperative
arrangements with other libraries or on-line databases and the extent to which teachers, students, and faculty from
other institutions are able to access the library's holdings.
(f) Quality of the Center's non-language instructional program. The Secretary reviews each application to determine—
(1) The quality and extent of the Center's course offerings in a variety of disciplines, including the extent to which
courses in the Center's subject matter are available in the institution's professional schools;
(2) The extent to which the Center offers depth of specialized course coverage in one or more disciplines of the
Center's subject area;
(3) The extent to which the institution employs a sufficient number of teaching faculty to enable the Center to carry
out its purposes and the extent to which instructional assistants are provided with pedagogy training; and
(4) The extent to which interdisciplinary courses are offered for undergraduate and graduate students.
(g) Quality of the Center's language instructional program. The Secretary reviews each application to determine—
(1) The extent to which the Center provides instruction in the languages of the Center's subject area and the extent to
which students enroll in the study of the languages of the subject area through programs or instruction offered by the
Center or other providers;
(2) The extent to which the Center provides three or more levels of language training and the extent to which courses
in disciplines other than language, linguistics, and literature are offered in appropriate foreign languages;
(3) Whether sufficient numbers of language faculty are available to teach the languages and levels of instruction
described in the application and the extent to which language teaching staff (including faculty and instructional
assistants) have been exposed to current language pedagogy training appropriate for performance-based teaching;
and
(4) The quality of the language program as measured by the performance-based instruction being used or developed,
the adequacy of resources for language teaching and practice, and language proficiency requirements.
(h) Quality of curriculum design. The Secretary reviews each application to determine—
(1) The extent to which the Center's curriculum has incorporated undergraduate instruction in the applicant's area or
topic of specialization into baccalaureate degree programs (for example, major, minor, or certificate programs) and
the extent to which these programs and their requirements (including language requirements) are appropriate for a
Center in this subject area and will result in an undergraduate training program of high quality;
(2) The extent to which the Center's curriculum provides training options for graduate students from a variety of
disciplines and professional fields and the extent to which these programs and their requirements (including language
requirements) are appropriate for a Center in this subject area and result in graduate training programs of high
quality; and
(3) The extent to which the Center provides academic and career advising services for students; the extent to which
the Center has established formal arrangements for students to conduct research or study abroad and the extent to
which these arrangements are used; and the extent to which the institution facilitates student access to other
institutions' study abroad and summer language programs.
(i) Outreach activities. The Secretary reviews each application to determine the extent to which the Center
demonstrates a significant and measurable regional and national impact of, and faculty and professional school
involvement in, domestic outreach activities that involve—
(1) Elementary and secondary schools;

(2) Postsecondary institutions; and
(3) Business, media, and the general public.
(j) Degree to which priorities are served. If, under the provisions of §656.23, the Secretary establishes competitive
priorities for Centers, the Secretary considers the degree to which those priorities are being served.
(Approved by the Office of Management and Budget under control number 1840–0068)
(Authority: 20 U.S.C. 1122)
[61 FR 50193, Sept. 24, 1996, as amended at 70 FR 13375, Mar. 21, 2005; 74 FR 35073, July 17, 2009]

§ 656.22 What selection criteria does the Secretary use to evaluate an application for an
undergraduate Center?
The Secretary evaluates an application for an undergraduate Center on the basis of the criteria in this section.
(a) Program planning and budget. The Secretary reviews each application to determine—
(1) The extent to which the activities for which the applicant seeks funding are of high quality and directly related to
the purpose of the National Resource Centers Program;
(2) The extent to which the applicant provides a development plan or timeline demonstrating how the proposed
activities will contribute to a strengthened program and whether the applicant uses its resources and personnel
effectively to achieve the proposed objectives;
(3) The extent to which the costs of the proposed activities are reasonable in relation to the objectives of the program;
and
(4) The long-term impact of the proposed activities on the institution's undergraduate training program.
(b) Quality of staff resources. The Secretary reviews each application to determine—
(1) The extent to which teaching faculty and other staff are qualified for the current and proposed Center activities
and training programs, are provided professional development opportunities (including overseas experience), and
participate in teaching, supervising, and advising students;
(2) The adequacy of Center staffing and oversight arrangements, including outreach and administration and the
extent to which faculty from a variety of departments, professional schools, and the library are involved; and
(3) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications
for employment from persons who are members of groups that have been traditionally underrepresented, such as
members of racial or ethnic minority groups, women, persons with disabilities, and the elderly.
(c) Impact and evaluation. The Secretary reviews each application to determine—
(1) The extent to which the Center's activities and training programs have a significant impact on the university,
community, region, and the Nation as shown through indices such as enrollments, graduate placement data,
participation rates for events, and usage of Center resources; the extent to which students matriculate into advanced
language and area or international studies programs or related professional programs; and the extent to which the
applicant supplies a clear description of how the applicant will provide equal access and treatment of eligible project
participants who are members of groups that have been traditionally underrepresented, such as members of racial or
ethnic minority groups, women, persons with disabilities, and the elderly;

(2) The extent to which the applicant provides an evaluation plan that is comprehensive and objective and that will
produce quantifiable, outcome-measure-oriented data; and the extent to which recent evaluations have been used to
improve the applicant's program;
(3) The degree to which activities of the Center address national needs, and generate information for and
disseminate information to the public; and
(4) The applicant's record of placing students into post-graduate employment, education, or training in areas of
national need and the applicant's stated efforts to increase the number of such students that go into such
placements.
(d) Commitment to the subject area on which the Center focuses. The Secretary reviews each application to
determine the extent to which the institution provides financial and other support to the operation of the Center,
teaching staff for the Center's subject area, library resources, linkages with institutions abroad, outreach activities,
and qualified students in fields related to the Center.
(e) Strength of library. The Secretary reviews each application to determine—
(1) The strength of the institution's library holdings (both print and non-print, English and foreign language) in the
subject area and at the educational levels (graduate, professional, undergraduate) on which the Center focuses; and
the extent to which the institution provides financial support for the acquisition of library materials and for library staff
in the subject area of the Center; and
(2) The extent to which research materials at other institutions are available to students through cooperative
arrangements with other libraries or on-line databases and the extent to which teachers, students, and faculty from
other institutions are able to access the library's holdings.
(f) Quality of the Center's non-language instructional program. The Secretary reviews each application to determine—
(1) The quality and extent of the Center's course offerings in a variety of disciplines;
(2) The extent to which the Center offers depth of specialized course coverage in one or more disciplines of the
Center's subject area;
(3) The extent to which the institution employs a sufficient number of teaching faculty to enable the Center to carry
out its purposes and the extent to which instructional assistants are provided with pedagogy training; and
(4) The extent to which interdisciplinary courses are offered for undergraduate students.
(g) Quality of the Center's language instructional program. The Secretary reviews each application to determine—
(1) The extent to which the Center provides instruction in the languages of the Center's subject area and the extent to
which students enroll in the study of the languages of the subject area through programs offered by the Center or
other providers;
(2) The extent to which the Center provides three or more levels of language training and the extent to which courses
in disciplines other than language, linguistics, and literature are offered in appropriate foreign languages;
(3) Whether sufficient numbers of language faculty are available to teach the languages and levels of instruction
described in the application and the extent to which language teaching staff (including faculty and instructional
assistants) have been exposed to current language pedagogy training appropriate for performance-based teaching;
and
(4) The quality of the language program as measured by the performance-based instruction being used or developed,
the adequacy of resources for language teaching and practice, and language proficiency requirements.

(h) Quality of curriculum design. The Secretary reviews each application to determine—
(1) The extent to which the Center's curriculum has incorporated undergraduate instruction in the applicant's area or
topic of specialization into baccalaureate degree programs (for example, major, minor, or certificate programs) and
the extent to which these programs and their requirements (including language requirements) are appropriate for a
Center in this subject area and will result in an undergraduate training program of high quality; and
(2) The extent to which the Center provides academic and career advising services for students; the extent to which
the Center has established formal arrangements for students to conduct research or study abroad and the extent to
which these arrangements are used; and the extent to which the institution facilitates student access to other
institutions' study abroad and summer language programs.
(i) Outreach activities. The Secretary reviews each application to determine the extent to which the Center
demonstrates a significant and measurable regional and national impact of, and faculty and professional school
involvement in, domestic outreach activities that involve—
(1) Elementary and secondary schools;
(2) Postsecondary institutions; and
(3) Business, media and the general public.
(j) Degree to which priorities are served. If, under the provisions of §656.23, the Secretary establishes competitive
priorities for Centers, the Secretary considers the degree to which those priorities are being served.
(Approved by the Office of Management and Budget under control number 1840–0068)
(Authority: 20 U.S.C. 1122)
[61 FR 50193, Sept. 24, 1996, as amended at 70 FR 13375, Mar. 21, 2005; 74 FR 35073, July 17, 2009]

§ 656.23 What priorities may the Secretary establish?
(a) The Secretary may select one or more of the following funding priorities:
(1) Specific countries or world areas, such as, for example, East Asia, Africa, or the Middle East.
(2) Specific focus of a Center, such as, for example, a single world area; international studies; a particular issue or
topic, e.g., business, development issues, or energy; or any combination.
(3) Level or intensiveness of language instruction, such as intermediate or advanced language instruction, or
instruction at an intensity of 10 contact hours or more per week.
(4) Types of activities to be carried out, for example, cooperative summer intensive language programs, course
development, or teacher training activities.
(b) The Secretary may select one or more of the activities listed in §656.5 as a funding priority.
(c) The Secretary announces any priorities in the application notice published in theFederal Register.
(Authority: 20 U.S.C. 1122)

Subpart D—What Conditions Must Be Met By a Grantee?

§ 656.30 What are allowable costs and limitations on allowable costs?
(a) Allowable costs. Except as provided under paragraph (b) of this section, a grant awarded under this part may be
used to pay all or part of the cost of establishing, strengthening, or operating a comprehensive or undergraduate
Center including, but not limited to, the cost of—
(1) Faculty and staff salaries and travel;
(2) Library acquisitions;
(3) Teaching and research materials;
(4) Curriculum planning and development;
(5) Bringing visiting scholars and faculty to the Center to teach, conduct research, or participate in conferences or
workshops;
(6) Training and improvement of staff;
(7) Projects conducted in cooperation with other centers addressing themes of world, regional, cross-regional,
international, or global importance; and
(8) Summer institutes in the United States or abroad designed to provide language and area training in the Center's
field or topic.
(b) Limitations on allowable costs. The following are limitations on allowable costs:
(1) Equipment costs exceeding 10 percent of the grant are not allowable.
(2) Funds for undergraduate travel are allowable only in conjunction with a formal program of supervised study in the
subject area on which the Center focuses.
(3) Grant funds may not be used to supplant funds normally used by applicants for purposes of this part.
(Authority: 20 U.S.C. 1122)
[61 FR 50193, Sept. 24, 1996, as amended at 64 FR 7739, Feb. 16, 1999]

34 CFR PART 657 FOREIGN
LANGUAGE AND AREA STUDIES
FELLOWSHIPS PROGRAM, SECTIONS
657.1 THROUGH 657.5, 657.10, 657.11,
657.20 THROUGH 657.22, AND 657.31
THROUGH 657.34

ATTACHMENT A: STATUTES AND REGULATIONS

e-CFR Data is current as of September 29, 2009
Title 34: Education
PART 657—FOREIGN LANGUAGE AND AREA STUDIES FELLOWSHIPS PROGRAM

Section Contents

Subpart A—General
§ 657.1
§ 657.2
§ 657.3
§ 657.4
§ 657.5

What is the Foreign Language and Area Studies Fellowships Program?
Who is eligible to receive an allocation of fellowships?
Who is eligible to receive a fellowship?
What regulations apply?
What definitions apply?

Subpart B—How Does an Institution or a Student Submit an Application?
§ 657.10 What combined application may an institution submit?
§ 657.11 How does a student apply for a fellowship?
Subpart C—How Does the Secretary Select an Institution for an Allocation of
Fellowships?
§ 657.20 How does the Secretary evaluate an institutional application for an allocation
of fellowships?
§ 657.21 What criteria does the Secretary use in selecting institutions for an allocation
of fellowships?
§ 657.22 What priorities may the Secretary establish?
Subpart D—What Conditions Must Be Met by a Grantee and a Fellow?
§ 657.30 What is the duration of and what are the limitations on fellowships awarded to
individuals by institutions?
§ 657.31 What is the amount of a fellowship?
§ 657.32 What is the payment procedure for fellowships?
§ 657.33 What are the limitations on the use of funds for overseas fellowships?
§ 657.34 Under what circumstances must an institution terminate a fellowship?

Authority: 20 U.S.C. 1122, unless otherwise noted.
Source: 61 FR 50202, Sept. 24, 1996, unless otherwise noted.
Subpart A—General
§ 657.1 What is the Foreign Language and Area Studies Fellowships Program?

Under the Foreign Language and Area Studies Fellowships Program, the Secretary awards fellowships, through
institutions of higher education, to students who are—
(a) Enrolled for undergraduate or graduate training in a Center or program approved by the Secretary under this part;
and
(b) Undergoing performance-based modern foreign language training or training in a program for which performancebased modern foreign language instruction is being developed, in combination with area studies, international
studies, or the international aspects of professional studies.
(Authority: 20 U.S.C. 1122)
[61 FR 50202, Sept. 24, 1996, as amended at 74 FR 35073, July 17, 2009]

§ 657.2 Who is eligible to receive an allocation of fellowships?
(a) The Secretary awards an allocation of fellowships to an institution of higher education or to a consortium of
institutions of higher education that—
(1) Operates a Center or program approved by the Secretary under this part;
(2) Teaches modern foreign languages under a program described in paragraph (b) of this section; and
(3) In combination with the teaching described in paragraph (a)(2) of this section—
(i) Provides instruction in the disciplines needed for a full understanding of the area, regions, or countries in which the
foreign languages are commonly used; or
(ii) Conducts training and research in international studies, the international aspects of professional and other fields of
study, or issues in world affairs that concern one or more countries.
(b) In teaching those modern foreign languages for which an allocation of fellowships is made available, the institution
must be either using a program of performance-based training or developing a performance-based training program.
(c) The Secretary uses the criteria in §657.21 both to approve Centers and programs for the purpose of receiving an
allocation of fellowships and to evaluate applications for an allocation of fellowships.
(d) An institution does not need to receive a grant under the National Resource Center Program (34 CFR part 656) to
receive an allocation of fellowships under this part.
(Authority: 20 U.S.C. 1122)
[61 FR 50202, Sept. 24, 1996, as amended at 74 FR 35073, July 17, 2009]

§ 657.3 Who is eligible to receive a fellowship?
A student is eligible to receive a fellowship if the student—
(a)(1) Is a citizen or national of the United States; or
(2) Is a permanent resident of the United States;
(b) Is accepted for enrollment or is enrolled—

(1) In an institution receiving an allocation of fellowships; and
(2) In a program that combines modern foreign language training with—
(i) Area or international studies; or
(ii) Research and training in the international aspects of professional and other fields of study;
(c) Shows potential for high academic achievement based on such indices as grade point average, class ranking, or
similar measures that the institution may determine;
(d) Is enrolled in a program of modern foreign language training in a language for which the institution has developed
or is developing performance-based instruction;
(e) In the case of an undergraduate student, is in the intermediate or advanced study of a less commonly taught
language; or
(f) In the case of a graduate student, is engaged in—
(1) Predissertation level study;
(2) Preparation for dissertation research;
(3) Dissertation research abroad; or
(4) Dissertation writing.
(Authority: 20 U.S.C. 1122)
[61 FR 50202, Sept. 24, 1996, as amended at 74 FR 35073, July 17, 2009]

§ 657.4 What regulations apply?
The following regulations apply to this program:
(a) The regulations in 34 CFR part 655.
(b) The regulations in this part 657.
(Authority: 20 U.S.C. 1122)

§ 657.5 What definitions apply?
The following definitions apply to this part:
(a) The definitions in 34 CFR 655.4.
(b) Center means an administrative unit of an institution of higher education that has direct access to highly qualified
faculty and library resources, and coordinates a concentrated effort of educational activities, including training in
modern foreign languages and various academic disciplines, in its subject area.
(c) Fellow means a person who receives a fellowship under this part.

(d) Fellowship means the payment a fellow receives under this part.
(e) Program means a concentration of educational resources and activities in modern foreign language training and
related studies.
(Authority: 20 U.S.C. 1122)

Subpart B—How Does an Institution or a Student Submit an Application?
§ 657.10 What combined application may an institution submit?
An institution that wishes to apply for an allocation of fellowships and for a grant to operate a Center under 34 CFR
part 656 may submit a combined application for both grants to the Secretary.
(Authority: 20 U.S.C. 1122)

§ 657.11 How does a student apply for a fellowship?
(a) A student shall apply for a fellowship directly to an institution of higher education that has received an allocation
of fellowships.
(b) The applicant shall provide sufficient information to enable the institution to determine whether he or she is eligible
to receive a fellowship and whether he or she should be selected to receive a fellowship.
(Authority: 20 U.S.C. 1122)

Subpart C—How Does the Secretary Select an Institution for an Allocation of Fellowships?
§ 657.20 How does the Secretary evaluate an institutional application for an allocation of
fellowships?
(a) The Secretary evaluates an institutional application for an allocation of fellowships on the basis of the quality of
the applicant's Center or program. The applicant's Center or program is evaluated and approved under the criteria in
§657.21.
(b) The Secretary informs applicants of the maximum possible score for each criterion in the application package or in
a notice published in theFederal Register.
(Authority: 20 U.S.C. 1122)
[61 FR 50202, Sept. 24, 1996, as amended at 70 FR 13375, Mar. 21, 2005]

§ 657.21 What criteria does the Secretary use in selecting institutions for an allocation of
fellowships?

The Secretary evaluates an institutional application for an allocation of fellowships on the basis of the criteria in this
section.
(a) Foreign language and area studies fellowships awardee selection procedures. The Secretary reviews each
application to determine whether the selection plan is of high quality, showing how awards will be advertised, how
students apply, what selection criteria are used, who selects the fellows, when each step will take place, and how the
process will result in awards being made to correspond to any announced priorities.

(b) Quality of staff resources. The Secretary reviews each application to determine—
(1) The extent to which teaching faculty and other staff are qualified for the current and proposed activities and
training programs, are provided professional development opportunities (including overseas experience), and
participate in teaching, supervising, and advising students;
(2) The adequacy of applicant staffing and oversight arrangements and the extent to which faculty from a variety of
departments, professional schools, and the library are involved; and
(3) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications
for employment from persons who are members of groups that have been traditionally underrepresented, such as
members of racial or ethnic minority groups, women, persons with disabilities, and the elderly.
(c) Impact and evaluation. The Secretary reviews each application to determine—
(1) The extent to which the applicant's activities and training programs have contributed to an improved supply of
specialists on the program's subject as shown through indices such as undergraduate and graduate enrollments and
placement data; and the extent to which the applicant supplies a clear description of how the applicant will provide
equal access and treatment of eligible project participants who are members of groups that have been traditionally
underrepresented, such as members of racial or ethnic minority groups, women, persons with disabilities, and the
elderly;
(2) The extent to which the applicant provides an evaluation plan that is comprehensive and objective and that will
produce quantifiable, outcome-measure-oriented data; and the extent to which recent evaluations have been used to
improve the applicant's program;
(3) The degree to which fellowships awarded by the applicant address national needs; and
(4) The applicant's record of placing students into post-graduate employment, education, or training in areas of
national need and the applicant's stated efforts to increase the number of such students that go into such
placements.
(d) Commitment to the subject area on which the applicant or program focuses. The Secretary reviews each
application to determine—
(1) The extent to which the institution provides financial and other support to the operation of the applicant, teaching
staff for the applicant's subject area, library resources, and linkages with institutions abroad; and
(2) The extent to which the institution provides financial support to students in fields related to the applicant's teaching
program.
(e) Strength of library. The Secretary reviews each application to determine—
(1) The strength of the institution's library holdings (both print and non-print, English and foreign language) for
students; and the extent to which the institution provides financial support for the acquisition of library materials and
for library staff in the subject area of the applicant; and
(2) The extent to which research materials at other institutions are available to students through cooperative
arrangements with other libraries or on-line databases.
(f) Quality of the applicant's non-language instructional program. The Secretary reviews each application to
determine—
(1) The quality and extent of the applicant's course offerings in a variety of disciplines, including the extent to which
courses in the applicant's subject matter are available in the institution's professional schools;

(2) The extent to which the applicant offers depth of specialized course coverage in one or more disciplines on the
applicant's subject area;
(3) The extent to which the institution employs a sufficient number of teaching faculty to enable the applicant to carry
out its purposes and the extent to which instructional assistants are provided with pedagogy training; and
(4) The extent to which interdisciplinary courses are offered for students.
(g) Quality of the applicant's language instructional program. The Secretary reviews each application to determine—
(1) The extent to which the applicant provides instruction in the languages of the applicant's subject area and the
extent to which students enroll in the study of the languages of the subject area through programs or instruction
offered by the applicant or other providers;
(2) The extent to which the applicant provides three or more levels of language training and the extent to which
courses in disciplines other than language, linguistics, and literature are offered in appropriate foreign languages;
(3) Whether sufficient numbers of language faculty are available to teach the languages and levels of instruction
described in the application and the extent to which language teaching staff (including faculty and instructional
assistants) have been exposed to current language pedagogy training appropriate for performance-based teaching;
and
(4) The quality of the language program as measured by the performance-based instruction being used or developed,
the adequacy of resources for language teaching and practice, and language proficiency requirements.
(h) Quality of curriculum design. The Secretary reviews each application to determine—
(1) The extent to which the applicant's curriculum provides training options for students from a variety of disciplines
and professional fields and the extent to which these programs and their requirements (including language
requirements) are appropriate for an applicant in this subject area and result in graduate training programs of high
quality;
(2) The extent to which the applicant provides academic and career advising services for students; and
(3) The extent to which the applicant has established formal arrangements for students to conduct research or study
abroad and the extent to which these arrangements are used; and the extent to which the institution facilitates
student access to other institutions' study abroad and summer language programs.
(i) Priorities. If one or more competitive priorities have been established under §657.22, the Secretary reviews each
application for information that shows the extent to which the Center or program meets these priorities.
(Approved by the Office of Management and Budget under control number 1840–0068)
(Authority: 20 U.S.C. 1122)
[61 FR 50202, Sept. 24, 1996, as amended at 70 FR 13375, Mar. 21, 2005; 74 FR 35073, July 17, 2009]

§ 657.22 What priorities may the Secretary establish?
(a) The Secretary may establish one or more of the following priorities for the allocation of fellowships:
(1) Specific world areas, or countries, such as East Asia or Mexico.
(2) Languages, such as Chinese.

(3) Levels of language offerings.
(4) Academic disciplines, such as linguistics or sociology.
(5) Professional studies, such as business, law, or education;
(6) Particular subjects, such as population growth and planning, or international trade and business.
(7) A combination of any of these categories.
(b) The Secretary announces any priorities in the application notice published in theFederal Register.
(Authority: 20 U.S.C. 1122)

Subpart D—What Conditions Must Be Met by a Grantee and a Fellow?
§ 657.30 What is the duration of and what are the limitations on fellowships awarded to
individuals by institutions?
(a) Duration. An institution may award a fellowship to a student for—
(1) One academic year; or
(2) One summer session if the summer session provides the fellow with the equivalent of one academic year of
modern foreign language study.
(b) Vacancies. If a fellow vacates a fellowship before the end of an award period, the institution to which the
fellowship is allocated may reaward the balance of the fellowship to another student if—
(1) The student meets the eligibility requirements in §657.3; and
(2) The remaining fellowship period comprises at least one full academic quarter, semester, trimester, or summer
session as described in paragraph (a)(2) of this section.
(Authority: 20 U.S.C. 1122)

§ 657.31 What is the amount of a fellowship?
(a)(1) An institution shall award a stipend to fellowship recipients.
(2) Each fellowship includes an institutional payment and a subsistence allowance to be determined by the Secretary.
(3) If the institutional payment determined by the Secretary is greater than the tuition and fees charged by the
institution, the institutional payment portion of the fellowship is limited to actual tuition and fees. The difference
between actual tuition and fees and the Secretary's institutional payment shall be used to fund additional fellowships
to the extent that funds are available for a full subsistence allowance.
(4) If permitted by the Secretary, a stipend awarded to a graduate level recipient may include allowances for
dependents and travel for research and study in the United States and abroad.
(5) A stipend awarded to an undergraduate level recipient may include an allowance for educational programs in the
United States or educational programs abroad that—
(i) Are closely linked to the overall goals of the recipient's course of study; and

(ii) Have the purpose of promoting foreign language fluency and knowledge of foreign cultures.
(b) The Secretary announces in an application notice published in theFederal Register—
(1) The amounts of the subsistence allowance and the institutional payment for an academic year and the
subsistence allowance and the institutional payment for a summer session;
(2) Whether travel and dependents' allowances will be permitted; and
(3) The amount of travel and dependents' allowances.
(Authority: 20 U.S.C. 1122)
[61 FR 50202, Sept. 24, 1996, as amended at 74 FR 35073, July 17, 2009]

§ 657.32 What is the payment procedure for fellowships?

(a) An institution shall pay a fellow his or her subsistence and any other allowance in installments during the term of
the fellowship.
(b) An institution shall make a payment only to a fellow who is in good standing and is making satisfactory progress.
(c) The institution shall make appropriate adjustments of any overpayment or underpayment to a fellow.
(d) Funds not used by one recipient for reasons of withdrawal are to be used for alternate recipients to the extent that
funds are available for a full subsistence allowance.
(Authority: 20 U.S.C. 1122)

§ 657.33 What are the limitations on the use of funds for overseas fellowships?
(a) Before awarding a fellowship for use outside the United States, an institution shall obtain the approval of the
Secretary.
(b) The Secretary may approve the use of a fellowship outside the United States if the student is—
(1) Enrolled in an overseas foreign language program approved by the institution at which the student is enrolled in
the United States for study at an intermediate or advanced level or at the beginning level if appropriate equivalent
instruction is not available in the United States; or
(2) Engaged during the academic year in research that cannot be done effectively in the United States and is
affiliated with an institution of higher education or other appropriate organization in the host country.
(Authority: 20 U.S.C. 1122)

§ 657.34 Under what circumstances must an institution terminate a fellowship?
An institution shall terminate a fellowship if—
(a) The fellow is not making satisfactory progress, is no longer enrolled, or is no longer in good standing at the
institution; or

(b) The fellow fails to follow the course of study, including modern foreign language study, for which he or she
applied, unless a revised course of study is otherwise approvable under this part.
(Authority: 20 U.S.C. 1122)

THE HIGHER EDUCATION ACT OF
1965, AS AMENDED, TITLE VI PART A –
INTERNATIONAL AND FOREIGN
LANGUAGE STUDIES, SECTION 603,
LANGUAGE RESOURCE CENTERS

ATTACHMENT A: STATUTES AND REGULATIONS

HIGHER EDUCATION
1998 Amendments to the Higher Education Act of 1965
P.L. 105-244
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
Part A of title VI (20 U.S.C. 1121 et seq.) is amended to read as follows:
PART A--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 603. LANGUAGE RESOURCE CENTERS.
(a) LANGUAGE RESOURCE CENTERS AUTHORIZED- The Secretary is authorized to
make grants to and enter into contracts with institutions of higher education, or
combinations of such institutions, for the purpose of establishing, strengthening, and
operating a small number of national language resource and training centers, which
shall serve as resources to improve the capacity to teach and learn foreign languages
effectively.
(b) AUTHORIZED ACTIVITIES- The activities carried out by the centers described in
subsection (a)-(1) shall include effective dissemination efforts, whenever appropriate; and
(2) may include-(A) the conduct and dissemination of research on new and improved
teaching methods, including the use of advanced educational technology;
(B) the development and dissemination of new teaching materials
reflecting the use of such research in effective teaching strategies;
(C) the development, application, and dissemination of performance
testing appropriate to an educational setting for use as a standard and
comparable measurement of skill levels in all languages;
(D) the training of teachers in the administration and interpretation of
performance tests, the use of effective teaching strategies, and the use of
new technologies;
(E) a significant focus on the teaching and learning needs of the less
commonly taught languages, including an assessment of the strategic
needs of the United States, the determination of ways to meet those

needs nationally, and the publication and dissemination of instructional
materials in the less commonly taught languages;
(F) the development and dissemination of materials designed to serve as
a resource for foreign language teachers at the elementary and secondary
school levels; and
(G) the operation of intensive summer language institutes to train
advanced foreign language students, to provide professional
development, and to improve language instruction through preservice and
inservice language training for teachers.
(c) CONDITIONS FOR GRANTS- Grants under this section shall be made on such
conditions as the Secretary determines to be necessary to carry out the provisions of
this section.

34 CFR PART 669 LANGUAGE
RESOURCE CENTER PROGRAM,
SECTIONS 669.1 THROUGH 669.5,
669.20 THROUGH 669.22, AND
SECTION 669.30

ATTACHMENT A: STATUTES AND REGULATIONS

e-CFR Data is current as of September 29, 2009
Title 34: Education
PART 669—LANGUAGE RESOURCE CENTERS PROGRAM

Section Contents

Subpart A—General
§ 669.1
§ 669.2
§ 669.3
§ 669.4
§ 669.5

What is the Language Resource Centers Program?
Who is eligible to receive assistance under this program?
What activities may the Secretary fund?
What regulations apply?
What definitions apply?
Subpart B [Reserved]
Subpart C—How Does the Secretary Make a Grant?

§ 669.20 How does the Secretary evaluate an application?
§ 669.21 What selection criteria does the Secretary use?
§ 669.22 What priorities may the Secretary establish?
Subpart D—What Conditions Must Be Met by a Grantee?
§ 669.30 What are allowable equipment costs?

Authority: 20 U.S.C. 1123, unless otherwise noted.
Source: 55 FR 2773, Jan. 26, 1990, unless otherwise noted.
Subpart A—General
§ 669.1 What is the Language Resource Centers Program?
The Language Resource Centers Program makes awards, through grants or contracts, for the purpose of
establishing, strengthening, and operating centers that serve as resources for improving the nation's capacity for
teaching and learning foreign languages effectively.
(Authority: 20 U.S.C. 1123)

§ 669.2 Who is eligible to receive assistance under this program?
An institution of higher education or a combination of institutions of higher education is eligible to receive an award
under this part.

(Authority: 20 U.S.C. 1123)

§ 669.3 What activities may the Secretary fund?
Centers funded under this part must carry out activities to improve the teaching and learning of foreign languages.
These activities must include effective dissemination efforts, whenever appropriate, and may include—
(a) The conduct and dissemination of research on new and improved methods for teaching foreign languages,
including the use of advanced educational technology;
(b) The development and dissemination of new materials for teaching foreign languages, to reflect the results of
research on effective teaching strategies;
(c) The development, application, and dissemination of performance testing that is appropriate for use in an
educational setting to be used as a standard and comparable measurement of skill levels in foreign languages;
(d) The training of teachers in the administration and interpretation of foreign language performance tests, the use of
effective teaching strategies, and the use of new technologies;
(e) A significant focus on the teaching and learning needs of the less commonly taught languages, including an
assessment of the strategic needs of the United States, the determination of ways to meet those needs nationally,
and the publication and dissemination of instructional materials in the less commonly taught languages;
(f) The development and dissemination of materials designed to serve as a resource for foreign language teachers at
the elementary and secondary school levels; and
(g) The operation of intensive summer language institutes to train advanced foreign language students, to provide
professional development, and to improve language instruction through preservice and inservice language training for
teachers.
(Authority: 20 U.S.C. 1123)
[64 FR 7741, Feb. 16, 1999]

§ 669.4 What regulations apply?
The following regulations apply to this program:
(a) The regulations in 34 CFR part 655.
(b) The regulations in this part 669.
(Authority: 20 U.S.C. 1123)
[58 FR 32577, June 10, 1993]

§ 669.5 What definitions apply?
The following definitions apply to this part:
(a) The definitions in 34 CFR 655.4.
(b) ―Language Resource Center‖ means a coordinated concentration of educational research and training resources
for improving the nation's capacity to teach and learn foreign languages.

(Authority: 20 U.S.C. 1123)

Subpart B [Reserved]
Subpart C—How Does the Secretary Make a Grant?
§ 669.20 How does the Secretary evaluate an application?
The Secretary evaluates an application for an award on the basis of the criteria contained in §§669.21 and 669.22.
The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a
notice published in theFederal Register.
(Authority: 20 U.S.C. 1123)
[70 FR 13377, Mar. 21, 2005]

§ 669.21 What selection criteria does the Secretary use?
The Secretary evaluates an application on the basis of the criteria in this section.
(a) Plan of operation. (See 34 CFR 655.31(a))
(b) Quality of key personnel. (See 34 CFR 655.31(b))
(c) Budget and cost-effectiveness. (See 34 CFR 655.31(c))
(d) Evaluation plan. (See 34 CFR 655.31 (d))
(e) Adequacy of resources. (See 34 CFR 655.31(e))
(f) Need and potential impact. The Secretary reviews each application to determine—
(1) The extent to which the proposed materials or activities are needed in the foreign languages on which the project
focuses;
(2) The extent to which the proposed materials may be used throughout the United States; and
(3) The extent to which the proposed work or activity may contribute significantly to strengthening, expanding, or
improving programs of foreign language study in the United States.
(g) Likelihood of achieving results. The Secretary reviews each application to determine—
(1) The quality of the outlined methods and procedures for preparing the materials; and
(2) The extent to which plans for carrying out activities are practicable and can be expected to produce the
anticipated results.
(h) Description of final form of results. The Secretary reviews each application to determine the degree of specificity
and the appropriateness of the description of the expected results from the project.
(i) Priorities. If, under the provisions of §669.22, the application notice specifies priorities for this program, the
Secretary determines the degrees to which the priorities are served.
(Approved by the Office of Management and Budget under control number 1840–0608)

(Authority: 20 U.S.C. 1123)
[55 FR 2773, Jan. 26, 1990, as amended at 58 FR 32577, June 10, 1993; 70 FR 13377, Mar. 21, 2005]

§ 669.22 What priorities may the Secretary establish?
(a) The Secretary may each year select funding priorities from among the following:
(1) Categories of allowable activities described in §669.3.
(2) Specific foreign languages for study or materials development.
(3) Levels of education, for example, elementary, secondary, postsecondary, or teacher education.
(b) The Secretary announces any priorities in the application notice published in theFederal Register.
(Authority: 20 U.S.C. 1123)

Subpart D—What Conditions Must Be Met by a Grantee?
§ 669.30 What are allowable equipment costs?
Equipment costs may not exceed fifteen percent of the grant amount.
(Authority: 20 U.S.C. 1123)

THE HIGHER EDUCATION ACT OF
1965, AS AMENDED, TITLE VI PART A –
INTERNATIONAL AND FOREIGN
LANGUAGE STUDIES, SECTION 604,
UNDERGRADUATE INTERNATIONAL
STUDIES AND FOREIGN LANGUAGE
PROGRAM

ATTACHMENT A: STATUTES AND REGULATIONS

1998 Amendments to the Higher Education Act of 1965
P.L. 105-244

TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
Part A of title VI (20 U.S.C. 1121 et seq.) is amended to read as follows:
`PART A--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
SEC. 604. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN
LANGUAGE PROGRAMS.
(a) INCENTIVES FOR THE CREATION OF NEW PROGRAMS AND THE
STRENGTHENING OF EXISTING PROGRAMS IN UNDERGRADUATE
INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAMS(1) AUTHORITY- The Secretary is authorized to make grants to institutions of
higher education, combinations of such institutions, or partnerships between
nonprofit educational organizations and institutions of higher education, to assist
such institutions, combinations or partnerships in planning, developing, and
carrying out programs to improve undergraduate instruction in international
studies and foreign languages. Such grants shall be awarded to institutions,
combinations or partnerships seeking to create new programs or to strengthen
existing programs in foreign languages, area studies, and other international
fields.
(2) USE OF FUNDS- Grants made under this section may be used for Federal
share of the cost of projects and activities which are an integral part of such a
program, such as-(A) planning for the development and expansion of undergraduate
programs in international studies and foreign languages;
(B) teaching, research, curriculum development, faculty training in the
United States or abroad, and other related activities, including-(i) the expansion of library and teaching resources; and
(ii) preservice and inservice teacher training;
(C) expansion of opportunities for learning foreign languages, including
less commonly taught languages;

(D) programs under which foreign teachers and scholars may visit
institutions as visiting faculty;
(E) programs designed to develop or enhance linkages between 2- and 4year institutions of higher education, or baccalaureate and postbaccalaureate programs or institutions;
(F) the development of undergraduate educational programs-(i) in locations abroad where such opportunities are not otherwise
available or that serve students for whom such opportunities are
not otherwise available; and
(ii) that provide courses that are closely related to on-campus
foreign language and international curricula;
(G) the integration of new and continuing education abroad opportunities
for undergraduate students into curricula of specific degree programs;
(H) the development of model programs to enrich or enhance the
effectiveness of educational programs abroad, including predeparture and
postreturn programs, and the integration of educational programs abroad
into the curriculum of the home institution;
(I) the development of programs designed to integrate professional and
technical education with foreign languages, area studies, and other
international fields;
(J) the establishment of linkages overseas with institutions of higher
education and organizations that contribute to the educational programs
assisted under this subsection;
(K) the conduct of summer institutes in foreign area, foreign language, and
other international fields to provide faculty and curriculum development,
including the integration of professional and technical education with
foreign area and other international studies, and to provide foreign area
and other international knowledge or skills to government personnel or
private sector professionals in international activities;
(L) the development of partnerships between-(i) institutions of higher education; and
(ii) the private sector, government, or elementary and secondary
education institutions,

in order to enhance international knowledge and skills; and
(M) the use of innovative technology to increase access to international
education programs.
(3) NON-FEDERAL SHARE- The non-Federal share of the cost of the programs
assisted under this subsection-(A) may be provided in cash from the private sector corporations or
foundations in an amount equal to one-third of the total cost of the
programs assisted under this section; or
(B) may be provided as an in-cash or in-kind contribution from institutional
and noninstitutional funds, including State and private sector corporation
or foundation contributions, equal to one-half of the total cost of the
programs assisted under this section.
(4) SPECIAL RULE- The Secretary may waive or reduce the required nonFederal share for institutions that-(A) are eligible to receive assistance under part A or B of title III or under
title V; and
(B) have submitted a grant application under this section.
(5) PRIORITY- In awarding grants under this section, the Secretary shall give
priority to applications from institutions of higher education, combinations or
partnerships that require entering students to have successfully completed at
least 2 years of secondary school foreign language instruction or that require
each graduating student to earn 2 years of postsecondary credit in a foreign
language (or have demonstrated equivalent competence in the foreign language)
or, in the case of a 2-year degree granting institution, offer 2 years of
postsecondary credit in a foreign language.
(6) GRANT CONDITIONS- Grants under this subsection shall be made on such
conditions as the Secretary determines to be necessary to carry out this
subsection.
(7) APPLICATION- Each application for assistance under this subsection shall
include-(A) evidence that the applicant has conducted extensive planning prior to
submitting the application;
(B) an assurance that the faculty and administrators of all relevant
departments and programs served by the applicant are involved in

ongoing collaboration with regard to achieving the stated objectives of the
application;
(C) an assurance that students at the applicant institutions, as appropriate,
will have equal access to, and derive benefits from, the program assisted
under this subsection; and
(D) an assurance that each institution, combination or partnership will use
the Federal assistance provided under this subsection to supplement and
not supplant non-Federal funds the institution expends for programs to
improve undergraduate instruction in international studies and foreign
languages.
(8) EVALUATION- The Secretary may establish requirements for program
evaluations and require grant recipients to submit annual reports that evaluate
the progress and performance of students participating in programs assisted
under this subsection.
(b) PROGRAMS OF NATIONAL SIGNIFICANCE- The Secretary may also award grants
to public and private nonprofit agencies and organizations, including professional and
scholarly associations, whenever the Secretary determines such grants will make an
especially significant contribution to improving undergraduate international studies and
foreign language programs.
(c) FUNDING SUPPORT- The Secretary may use not more than 10 percent of the total
amount appropriated for this part for carrying out the purposes of this section.

34 CFR PART 658
UNDERGRADUATE INTERNATIONAL
STUDIES AND FOREIGN LANGUAGE
PROGRAM, SECTIONS 658.1
THROUGH 658.4, 658.10 THROUGH
658.12, 658.30 THROUGH 658.35, AND
658.40 AND 658.41

ATTACHMENT A: STATUTES AND REGULATIONS

e-CFR Data is current as of September 29, 2009
Title 34: Education
PART 658—UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAM

Section Contents

Subpart A—General
§ 658.1 What is the Undergraduate International Studies and Foreign Language
Program?
§ 658.2 Who is eligible to apply for assistance under this program?
§ 658.3 What regulations apply?
§ 658.4 What definitions apply to the Undergraduate International Studies and Foreign
Language Program?
Subpart B—What Kinds of Projects Does the Secretary Assist Under This
Program?
§ 658.10 For what kinds of projects does the Secretary assist institutions of higher
education?
§ 658.11 What projects and activities may a grantee conduct under this program?
§ 658.12 For what kinds of projects does the Secretary assist associations and
organizations?
Subpart C [Reserved]
Subpart D—How Does the Secretary Make a Grant?
§ 658.30 How does the Secretary evaluate an application?
§ 658.31 What selection criteria does the Secretary use?
§ 658.32 What additional criteria does the Secretary apply to institutional applications?
§ 658.33 What additional criterion does the Secretary apply to applications from
organizations and associations?
§ 658.34 What additional factors does the Secretary consider in selecting grant
recipients?
§ 658.35 What priority does the Secretary give?
Subpart E—What Conditions Must Be Met by a Grantee?
§ 658.40 What are the limitations on allowable costs?
§ 658.41 What are the cost-sharing requirements?

Authority: 20 U.S.C. 1124, unless otherwise noted.
Source: 47 FR 14122, Apr. 1, 1982, unless otherwise noted.
Subpart A—General
§ 658.1 What is the Undergraduate International Studies and Foreign Language Program?
The Undergraduate International Studies and Foreign Language Program is designed to provide assistance to
institutions of higher education, consortia of those institutions, or partnerships between nonprofit educational
organizations and institutions of higher education, to assist those institutions, consortia, or partnerships in planning,
developing, and carrying out programs to improve undergraduate instruction in international studies and foreign
languages.
(Authority: 20 U.S.C. 1124)
[64 FR 7739, Feb. 16, 1999, as amended at 74 FR 35073, July 17, 2009]

§ 658.2 Who is eligible to apply for assistance under this program?
The following are eligible to apply for assistance under this part:
(a) Institutions of higher education.
(b) Consortia of institutions of higher education.
(c) Partnerships between nonprofit educational organizations and institutions of higher education.
(d) Public and private nonprofit agencies and organizations, including professional and scholarly associations.
(Authority: 20 U.S.C. 1124)
[47 FR 14122, Apr. 1, 1982, as amended at 64 FR 7739, Feb. 16, 1999; 74 FR 35073, July 17, 2009]

§ 658.3 What regulations apply?
The following regulations apply to this program:
(a) The regulations in 34 CFR part 655.
(b) The regulations in this part 658.
(Authority: 20 U.S.C. 1121–1127)
[58 FR 32576, June 10, 1993]

§ 658.4 What definitions apply to the Undergraduate International Studies and Foreign Language
Program?
The definitions in 34 CFR 655.4 apply to this program.
(Authority: 20 U.S.C. 1121–1127)

Subpart B—What Kinds of Projects Does the Secretary Assist Under This Program?
§ 658.10 For what kinds of projects does the Secretary assist institutions of higher education?
(a) The Secretary may provide assistance to an institution of higher education, a consortium of institutions of higher
education, or a partnership between a nonprofit educational organization and an institution of higher education to
plan, develop, and carry out a program to improve undergraduate instruction in international studies and foreign
languages. Those grants must be awarded to institutions, consortia, or partnerships seeking to create new programs
or to strengthen existing programs in foreign languages, area studies, and other international fields.
(b) The Secretary gives consideration to an applicant that proposes a program that—
(1) Initiates new or revised courses in international or area studies;
(2) Makes instruction in foreign languages available to students in the program; and
(3) Takes place primarily in the United States.
(c) The program shall focus on—
(1) International or global studies;
(2) One or more world areas and their languages; or
(3) Issues or topics, such as international environmental studies or international health.
(Authority: 20 U.S.C. 1124(a))
[47 FR 14122, Apr. 1, 1982, as amended at 52 FR 28422, July 29, 1987; 58 FR 32576, June 10, 1993; 64 FR 7740,
Feb. 16, 1999; 74 FR 35074, July 17, 2009]

§ 658.11 What projects and activities may a grantee conduct under this program?
The Secretary awards grants under this part to assist in carrying out projects and activities that are an integral part of
a program to improve undergraduate instruction in international studies and foreign languages. These include
projects such as—
(a) Planning for the development and expansion of undergraduate programs in international studies and foreign
languages;
(b) Teaching, research, curriculum development, faculty training in the United States or abroad, and other related
activities, including—
(1) Expanding library and teaching resources;
(2) Conducting faculty workshops, conferences, and special lectures;
(3) Developing and testing new curricular materials, including self-instructional materials in foreign languages, or
specialized language materials dealing with a particular subject (such as health or the environment);
(4) Initiating new and revised courses in international studies or area studies and foreign languages; and
(5) Conducting pre-service teacher training and in-service teacher professional development;

(c) Expanding the opportunities for learning foreign languages, including less commonly taught languages;
(d) Providing opportunities for which foreign faculty and scholars may visit institutions as visiting faculty;
(e) Placing U.S. faculty members in internships with international associations or with governmental or
nongovernmental organizations in the U.S. or abroad to improve their understanding of international affairs;
(f) Developing international education programs designed to develop or enhance linkages between 2-and 4-year
institutions of higher education, or baccalaureate and post-baccalaureate programs or institutions;
(g) Developing undergraduate educational programs—
(1) In locations abroad where those opportunities are not otherwise available or that serve students for whom those
opportunities are not otherwise available; and
(2) That provide courses that are closely related to on-campus foreign language and international curricula;
(h) Integrating new and continuing education abroad opportunities for undergraduate students into curricula of
specific degree programs;
(i) Developing model programs to enrich or enhance the effectiveness of educational programs abroad, including predeparture and post-return programs, and integrating educational programs abroad into the curriculum of the home
institution;
(j) Providing grants for educational programs abroad that—
(1) Are closely linked to the program's overall goals; and
(2) Have the purpose of promoting foreign language fluency and knowledge of world regions;
(k) Developing programs designed to integrate professional and technical education with foreign languages, area
studies, and other international fields;
(l) Establishing linkages overseas with institutions of higher education and organizations that contribute to the
educational programs assisted under this part;
(m) Developing partnerships between—
(1) Institutions of higher education; and
(2) The private sector, government, or elementary and secondary education institutions in order to enhance
international knowledge and skills; and
(n) Using innovative technology to increase access to international education programs.
(Authority: 20 U.S.C. 1124)
[64 FR 7740, Feb. 16, 1999, as amended at 74 FR 35074, July 17, 2009]

§ 658.12 For what kinds of projects does the Secretary assist associations and organizations?
The Secretary may award grants under this part to public and private nonprofit agencies and organizations including
scholarly associations, that propose projects that will make an especially significant contribution to strengthening and
improving undergraduate instruction in international studies and foreign languages at institutions of higher education.

(Authority: 20 U.S.C. 1124(b))

Subpart C [Reserved]
Subpart D—How Does the Secretary Make a Grant?
§ 658.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application from an institution of higher education or a consortium of such institutions
on the basis of the criteria in §§658.31 and 658.32. The Secretary informs applicants of the maximum possible score
for each criterion in the application package or in a notice published in theFederal Register.
(b) The Secretary evaluates an application from an agency or organization or professional or scholarly association on
the basis of the criteria in §§658.31 and 658.33. The Secretary informs applicants of the maximum possible score for
each criterion in the application package or in a notice published in theFederal Register.
(Authority: 20 U.S.C. 1124)
[70 FR 13375, Mar. 21, 2005, as amended at 74 FR 35074, July 17, 2009]

§ 658.31 What selection criteria does the Secretary use?
The Secretary evaluates an application for a project under this program on the basis of the criteria in this section.
(a) Plan of operation. (See 34 CFR 655. 31(a))
(b) Quality of key personnel. (See 34 CFR 655.31(b))
(c) Budget and cost effectiveness. (See 34 CFR 655.31(c))
(d) Evaluation plan. (See 34 CFR 655.31(d))
(e) Adequacy of resources. (See 34 CFR 655.31(e))
(Authority: 20 U.S.C. 1124)
[47 FR 14122, Apr. 1, 1982, as amended at 70 FR 13375, Mar. 21, 2005]

§ 658.32 What additional criteria does the Secretary apply to institutional applications?
In addition to the criteria referred to in §658.31, the Secretary evaluates an application submitted by an institution of
higher education or a consortium of such institutions on the basis of the criteria in this section.
(a) Commitment to international studies. (1) The Secretary reviews each application for information that shows the
applicant's commitment to the international studies program.
(2) The Secretary looks for information that shows—
(i) The institution's current strength as measured by the number of international studies courses offered;
(ii) The extent to which planning for the implementation of the proposed program has involved the applicant's faculty,
as well as administrators;

(iii) The institutional commitment to the establishment, operation, and continuation of the program as demonstrated
by optimal use of available personnel and other resources; and
(iv) The institutional commitment to the program as demonstrated by the use of institutional funds in support of the
program's objectives.
(b) Elements of the proposed international studies program. (1) The Secretary reviews each application for
information that shows the nature of the applicant's proposed international studies program.
(2) The Secretary looks for information that shows—
(i) The extent to which the proposed activities will contribute to the implementation of a program in international
studies and foreign languages at the applicant institution;
(ii) The interdisciplinary aspects of the program;
(iii) The number of new and revised courses with an international perspective that will be added to the institution's
programs; and
(iv) The applicant's plans to improve or expand language instruction.
(c) Need for and prospective results of the proposed program. (1) The Secretary reviews each application for
information that shows the need for and the prospective results of the applicant's proposed program.
(2) The Secretary looks for information that shows—
(i) The extent to which the proposed activities are needed at the applicant institution;
(ii) The extent to which the proposed use of Federal funds will result in the implementation of a program in
international studies and foreign languages at the applicant institution;
(iii) The likelihood that the activities initiated with Federal funds will be continued after Federal assistance is
terminated; and
(iv) The adequacy of the provisions for sharing the materials and results of the program with other institutions of
higher education.
(Authority: 20 U.S.C. 1124)
[47 FR 14122, Apr. 1, 1982, as amended at 52 FR 28422, July 29, 1987; 70 FR 13375, Mar. 21, 2005; 74 FR 35074,
July 17, 2009]

§ 658.33 What additional criterion does the Secretary apply to applications from organizations
and associations?
In addition to the criteria referred to in §658.31, the Secretary evaluates an application submitted by an organization
or association on the basis of the criterion in this section.
(a) Need for and potential impact of the proposed project in improving international studies and the study of modern
foreign language at the undergraduate level.
(b) The Secretary reviews each application for information that shows the need for and the potential impact of the
applicant's proposed projects in improving international studies and the study of modern foreign language at the
undergraduate level.

(1) The Secretary looks for information that shows—
(i) The extent to which the applicant's proposed apportionment of Federal funds among the various budget categories
for the proposed project will contribute to achieving results;
(ii) The international nature and contemporary relevance of the proposed project;
(iii) The extent to which the proposed project will make an especially significant contribution to the improvement of the
teaching of international studies or modern foreign languages at the undergraduate level; and
(iv) The adequacy of the applicant's provisions for sharing the materials and results of the proposed project with the
higher education community.
(2) [Reserved]
(Authority: 20 U.S.C. 1124(b))
[47 FR 14122, Apr. 1, 1982, as amended at 70 FR 13375, Mar. 21, 2005]

§ 658.34 What additional factors does the Secretary consider in selecting grant recipients?
In addition to applying the selection criteria in, as appropriate §§658.31, 658.32, and 658.33, the Secretary, to the
extent practicable and consistent with the criterion of excellence, seeks to encourage diversity by ensuring that a
variety of types of projects and institutions receive funding.
(Authority: 20 U.S.C. 1124 and 1126)
[58 FR 32576, June 10, 1993]

§ 658.35 What priority does the Secretary give?
(a) The Secretary gives priority to applications from institutions of higher education or consortia of these institutions
that require entering students to have successfully completed at least two years of secondary school foreign
language instruction or that require each graduating student to earn two years of postsecondary credit in a foreign
language (or have demonstrated equivalent competence in the foreign language) or, in the case of a 2-year degree
granting institution, offer two years of postsecondary credit in a foreign language.
(b) The Secretary announces the number of points to be awarded under this priority in the application notice
published in theFederal Register.
(Authority: 20 U.S.C. 1124)
[58 FR 32576, June 10, 1993, as amended at 74 FR 35074, July 17, 2009]

Subpart E—What Conditions Must Be Met by a Grantee?
§ 658.40 What are the limitations on allowable costs?
(a) Equipment costs may not exceed five percent of the grant amount; and
(b) No more than ten percent of the total amount of grant funds awarded to a grantee under this part may be used for
the activity described in §658.11(j).
(Authority: 20 U.S.C. 1124)

[74 FR 35074, July 17, 2009]

§ 658.41 What are the cost-sharing requirements?
(a) The grantee's share may be derived from cash contributions from private sector corporations or foundations in
the amount of one-third of the total cost of the project.
(b) The grantee's share may be derived from cash or in-kind contributions from institutional and noninstitutional funds,
including State and private sector corporation or foundation contributions, equal to one-half of the total cost of the
project.
(c) In-kind contributions means property or services that benefit a grant-supported project or program and that are
contributed by non-Federal third parties without charge to the grantee.
(d) The Secretary may waive or reduce the required non-Federal share for institutions that—
(1) Are eligible to receive assistance under part A or B of title III or under title V of the Higher Education Act of 1965,
as amended; and
(2) Have submitted a grant application under this part that demonstrates a need for a waiver or reduction.
(Authority: 20 U.S.C. 1124 and 3474; OMB Circular A–110)
[58 FR 32577, June 10, 1993, as amended at 64 FR 7740, Feb. 16, 1999; 74 FR 35074, July 17, 2009]

THE HIGHER EDUCATION ACT OF
1965, AS AMENDED, TITLE VI PART A –
INTERNATIONAL AND FOREIGN
LANGUAGE STUDIES, SECTION 605,
INTERNATIONAL RESEARCH AND
STUDIES

ATTACHMENT A: STATUTES AND REGULATIONS

HIGHER EDUCATION
1998 Amendments to the Higher Education Act of 1965
P.L. 105-244
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
Part A of title VI (20 U.S.C. 1121 et seq.) is amended to read as follows:
PART A--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 605. RESEARCH; STUDIES; ANNUAL REPORT.
`(a) AUTHORIZED ACTIVITIES- The Secretary may, directly or through grants or
contracts, conduct research and studies that contribute to achieving the purposes of this
part. Such research and studies may include-`(1) studies and surveys to determine needs for increased or improved instruction
in foreign language, area studies, or other international fields, including the
demand for foreign language, area, and other international specialists in
government, education, and the private sector;
`(2) studies and surveys to assess the utilization of graduates of programs
supported under this title by governmental, educational, and private sector
organizations and other studies assessing the outcomes and effectiveness of
programs so supported;
`(3) evaluation of the extent to which programs assisted under this title that
address national needs would not otherwise be offered;
`(4) comparative studies of the effectiveness of strategies to provide international
capabilities at institutions of higher education;
`(5) research on more effective methods of providing instruction and achieving
competency in foreign languages, area studies, or other international fields;
`(6) the development and publication of specialized materials for use in foreign
language, area studies, and other international fields, or for training foreign
language, area, and other international specialists;
`(7) studies and surveys of the uses of technology in foreign language, area
studies, and international studies programs;
`(8) studies and evaluations of effective practices in the dissemination of
international information, materials, research, teaching strategies, and testing

techniques throughout the education community, including elementary and
secondary schools; and
`(9) the application of performance tests and standards across all areas of
foreign language instruction and classroom use.
`(b) ANNUAL REPORT- The Secretary shall prepare, publish, and announce an annual
report listing the books and research materials produced with assistance under this
section.

34 CFR PART 660 INTERNATIONAL
RESEARCH AND STUDIES PROGRAM,
SECTIONS 655.1 THROUGH 655.4,
655.10, AND 655.30 THROUGH 655.32

ATTACHMENT A: STATUTES AND REGULATIONS

e-CFR Data is current as of September 29, 2009

Title 34: Education
Browse Previous | Browse Next
PART 660—THE INTERNATIONAL RESEARCH AND STUDIES PROGRAM

Section Contents
Subpart A—General
§ 660.1
§ 660.2
§ 660.3
§ 660.4

What is the International Research and Studies Program?
Who is eligible to apply for grants under this program?
What regulations apply?
What definitions apply to the International Research and Studies Program?

Subpart B—What Kinds of Projects Does the Secretary Assist Under This
Program?
§ 660.10 What activities does the Secretary assist?
Subpart C [Reserved]
Subpart D—How Does the Secretary Make a Grant?
§ 660.30 How does the Secretary evaluate an application?
§ 660.31 What selection criteria does the Secretary use for all applications for a grant?
§ 660.32 What additional selection criteria does the Secretary use for an application
for a research project, a survey, or a study?
§ 660.33 What additional selection criteria does the Secretary use for an application to
develop specialized instructional materials?
§ 660.34 What priorities may the Secretary establish?
Subpart E—What Conditions Must Be Met by a Grantee?
§ 660.40 What are the limitations on allowable costs?

Authority: 20 U.S.C. 1125, unless otherwise noted.
Source: 47 FR 14124, Apr. 1, 1982, unless otherwise noted.

Subpart A—General
§ 660.1 What is the International Research and Studies Program?
The Secretary may, directly or through grants or contracts, conduct research and
studies which contribute to the purposes of the International Education Program
authorized by part A of title VI of the Higher Education Act of 1965, as amended (HEA).
The research and studies may include, but are not limited to—
(a) Studies and surveys to determine needs for increased or improved instruction in
modern foreign languages, area studies, or other international fields, including the
demand for foreign language, area, and other international specialists in government,
education, and the private sector;
(b) Research on more effective methods of providing instruction and achieving
competency in foreign languages, area studies, or other international fields;
(c) Research on applying performance tests and standards across all areas of foreign
language instruction and classroom use;
(d) Developing and publishing specialized materials for use in foreign language, area
studies, and other international fields or for training foreign language, area, and other
international specialists;
(e) Studies and surveys to assess the use of graduates of programs supported under
title VI of the HEA by governmental, educational, and private-sector organizations and
other studies assessing the outcomes and effectiveness of supported programs;
(f) Comparative studies of the effectiveness of strategies to provide international
capabilities at institutions of higher education;
(g) Evaluations of the extent to which programs assisted under title VI of the HEA that
address national needs would not otherwise be offered;
(h) Studies and surveys of the use of technologies in foreign language, area studies,
and international studies programs;
(i) Studies and evaluations of effective practices in the dissemination of international
information, materials, research, teaching strategies, and testing techniques throughout
the educational community, including elementary and secondary schools;
(j) Evaluations of the extent to which programs assisted under title VI of the HEA reflect
diverse perspectives and a wide range of views and generate debate on world regions
and international affairs, as described in the grantee's application;

(k) Systematic collection, analysis, and dissemination of data that contribute to
achieving the purposes of title VI, part A of the HEA; and
(l) Support for programs or activities to make data collected, analyzed, or disseminated
under this part publicly available and easy to understand.
(Authority: 20 U.S.C. 1125)
[47 FR 14124, Apr. 1, 1982, as amended at 58 FR 32577, June 10, 1993; 64 FR 7740,
Feb. 16, 1999; 74 FR 35074, July 17, 2009]
§ 660.2 Who is eligible to apply for grants under this program?
Public and private agencies, organizations, and institutions, and individuals are eligible
to apply for grants under this part.
(Authority: 20 U.S.C. 1125)
§ 660.3 What regulations apply?
The following regulations apply to this program:
(a) The regulations in 34 CFR part 655.
(b) The regulations in this part 660.
(Authority: 20 U.S.C. 1121–1125)
[58 FR 32577, June 10, 1993]
§ 660.4 What definitions apply to the International Research and Studies
Program?
The definitions in 34 CFR 655.4 apply to this program.
(Authority: U.S.C. 1121–1127)
Subpart B—What Kinds of Projects Does the Secretary Assist Under This
Program?
§ 660.10 What activities does the Secretary assist?
An applicant may apply for funds to carry out any of the following types of activities:
(a) Studies and surveys to determine the need for increased or improved instruction
in—

(1) Modern foreign languages; and
(2) Area studies and other international fields needed to provide full understanding of
the places in which those languages are commonly used.
(b) Research and studies—
(1) On more effective methods of instruction and achieving competency in modern
foreign languages, area studies, or other international fields;
(2) To evaluate competency in those foreign languages, area studies, or other
international fields; or
(3) On the application of performance tests and standards across all areas of foreign
language instruction and classroom use.
(c) The development and publication of specialized materials—
(1) For use by students and teachers of modern foreign languages, area studies, and
other international fields; and
(2) For use in—
(i) Providing such instruction and evaluation; or
(ii) Training individuals to provide such instruction and evaluation.
(d) Research, surveys, studies, or the development of instructional materials that serve
to enhance international understanding.
(e) Other research or material development projects that further the purposes of the
International Education Program authorized by part A of title VI of the HEA.
(f) Studies and surveys to assess the use of graduates of programs supported under
title VI of the HEA by governmental, educational, and private-sector organizations, and
other studies assessing the outcomes and effectiveness of supported programs.
(g) Comparative studies of the effectiveness of strategies to provide international
capabilities at institutions of higher education.
(h) Evaluations of the extent to which programs assisted under title VI of the HEA that
address national needs would not otherwise be offered.
(i) Studies and surveys of the uses of technology in foreign language, area studies, and
international studies programs.

(j) Studies and evaluations of effective practices in the dissemination of international
information, materials, research, teaching strategies, and testing techniques through the
education community, including elementary and secondary schools.
(k) Evaluations of the extent to which programs assisted under title VI of the HEA reflect
diverse perspectives and a wide range of views and generate debate on world regions
and international affairs, as described in the grantee's application.
(l) Systematic collection, analysis, and dissemination of data that contribute to achieving
the purposes of title VI, part A of the HEA.
(m) Support for programs or activities to make data collected, analyzed, or disseminated
under this part publicly available and easy to understand.
(Authority: 20 U.S.C. 1125)
[47 FR 14124, Apr. 1, 1982, as amended at 52 FR 28424, July 29, 1987; 58 FR 32577,
June 10, 1993; 64 FR 7740, Feb. 16, 1999; 74 FR 35074, July 17, 2009]
Subpart C [Reserved]
Subpart D—How Does the Secretary Make a Grant?
§ 660.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a research project, a study, or a survey
on the basis of the criteria in §§660.31 and 660.32. The Secretary informs applicants of
the maximum possible score for each criterion in the application package or in a notice
published in theFederal Register.
(b) The Secretary evaluates an application for the development of specialized
instructional materials on the basis of the criteria in §§660.31 and 660.33. The
Secretary informs applicants of the maximum possible score for each criterion in the
application package or in a notice published in theFederal Register.
(Authority: 20 U.S.C. 1125)
[70 FR 13375, Mar. 21, 2005]
§ 660.31 What selection criteria does the Secretary use for all applications for a
grant?
The Secretary evaluates an application for a project under this program on the basis of
the criteria in this section. The Secretary informs applicants of the maximum possible
score for each criterion in the application package or in a notice published in theFederal
Register.

(a) Plan of operation. (See 34 CFR 655.31(a))
(b) Quality of key personnel. (See 34 CFR 655.31(b))
(c) Budget and cost effectiveness. (See 34 CFR 655.31(c))
(d) Evaluation plan. (See 34 CFR 655.31(d))
(e) Adequacy of resources. (See 34 CFR 655.31(e))
(Authority: 20 U.S.C. 1125)
[47 FR 14124, Apr. 1, 1982, as amended at 58 FR 32577, June 10, 1993; 70 FR 13376,
Mar. 21, 2005]
§ 660.32 What additional selection criteria does the Secretary use for an
application for a research project, a survey, or a study?
In addition to the criteria referred to in §660.31, the Secretary evaluates an application
for a research project, study, or survey on the basis of the criteria in this section.
(a) Need for the project. The Secretary reviews each application for information that
shows—
(1) A need for the proposed project in the field of study on which the project focuses;
and
(2) That the proposed project will provide information about the present and future
needs of the United States for study in foreign language and other international fields.
(b) Usefulness of expected results. The Secretary reviews each application for
information that shows the extent to which the results of the proposed project are likely
to be used by other research projects or programs with similar objectives.
(c) Development of new knowledge. The Secretary reviews each application for
information that shows that the extent to which the proposed project is likely to develop
new knowledge that will contribute to the purposes of the International Education
Program authorized by part A of title VI of the HEA.
(d) Formulation of problems and knowledge of related research. The Secretary reviews
each application for information that shows that problems, questions, or hypotheses to
be dealt with by the applicant—
(1) Are well formulated; and
(2) Reflect adequate knowledge of related research.

(e) Specificity of statement of procedures. The Secretary reviews each application for
the specificity and completeness of the statement of procedures to be followed,
including a discussion of such components as sampling techniques, controls, data to be
gathered, and statistical and other analyses to be undertaken.
(f) Adequacy of methodology and scope of project. The Secretary reviews each
application for information that shows—
(1) The adequacy of the proposed teaching, testing, and research methodology; and
(2) The size, scope, and duration of the proposed project.
(Authority: 20 U.S.C. 1125)
[47 FR 14124, Apr. 1, 1982, as amended at 58 FR 32577, June 10, 1993; 70 FR 13376,
Mar. 21, 2005]
§ 660.33 What additional selection criteria does the Secretary use for an
application to develop specialized instructional materials?

In addition to the criteria referred to in §660.31, the Secretary evaluates an application
to develop specialized instructional materials on the basis of the criteria in this section.
(a) Need for the project. The Secretary reviews each application for information that
shows that—
(1) The proposed materials are needed in the educational field of study on which the
project focuses; and
(2) The language or languages, the area, region, or country, or the issues or studies for
which the materials are to be developed, are of sufficient priority and significance to the
national interest to warrant financial support by the Federal Government.
(b) Potential for the use of materials in other programs. The Secretary reviews each
application for information that shows the extent to which the proposed materials may
be used elsewhere in the United States.
(c) Account of related materials. The Secretary reviews each application for information
that shows that—
(1) All existing related or similar materials have been accounted for and the critical
commentary on their adequacy is appropriate and accurate; and
(2) The proposed materials will not duplicate any existing adequate materials.

(d) Likelihood of achieving results. The Secretary reviews each application for
information that shows that the outlined methods and procedures for preparing the
materials are practicable and can be expected to produce the anticipated results.
(e) Expected contribution to other programs. The Secretary reviews each application for
information that shows the extent to which the proposed work may contribute
significantly to strengthening, expanding, or improving programs of foreign language
studies, area studies, or international studies in the United States.
(f) Description of final form of materials. The Secretary reviews each application for
information that shows a high degree of specificity in the description of the contents and
final form of the proposed materials.
(g) Provisions for pretesting and revision. The Secretary reviews each application for
information that shows that adequate provision has been made for—
(1) Pretesting the proposed materials; and
(2) If necessary, revising the proposed materials before publication.
(Authority: 20 U.S.C. 1125)
[47 FR 14124, Apr. 1, 1982, as amended at 58 FR 32577, June 10, 1993; 70 FR 13376,
Mar. 21, 2005]
§ 660.34 What priorities may the Secretary establish?
(a) The Secretary may each year select for funding from among the following priorities:
(1) Categories of eligible projects described in §660.10.
(2) Specific languages or regions for study or materials development; for example, the
Near or Middle East, South Asia, Southeast Asia, Eastern Europe, Inner Asia, the Far
East, Africa or Latin America, or the languages of those regions.
(3) Topics of research and studies; for example, language acquisition processes,
methodology of foreign language instruction, foreign language performance testing, or
assessments of resources and needs.
(4) Levels of education; for example, elementary, secondary, postsecondary or
university-level education, or teacher education.
(b) The Secretary announces any priorities in the application notice published in
theFederal Register.
(Authority: 20 U.S.C. 1126)

[47 FR 14124, Apr. 1, 1982, as amended at 58 FR 32577, June 10, 1993]
Subpart E—What Conditions Must Be Met by a Grantee?
§ 660.40 What are the limitations on allowable costs?
Funds awarded under this part may not be used for the training of students and
teachers.
(Authority: 20 U.S.C. 1125)

THE HIGHER EDUCATION ACT OF
1965, AS AMENDED, TITLE VI PART A –
INTERNATIONAL AND FOREIGN
LANGUAGE STUDIES, SECTION 606,
TECHNOLOGICAL INNOVATION AND
COOPERATION FOR FOREIGN
INFORMATION ACCESS

ATTACHMENT A: STATUTES AND REGULATIONS

HIGHER EDUCATION
1998 Amendments to the Higher Education Act of 1965
P.L. 105-244
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
Part A of title VI (20 U.S.C. 1121 et seq.) is amended to read as follows:
PART A--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS

SEC. 606. TECHNOLOGICAL INNOVATION AND COOPERATION FOR
FOREIGN INFORMATION ACCESS.
`(a) AUTHORITY- The Secretary is authorized to make grants to institutions of higher
education, public or nonprofit private libraries, or consortia of such institutions or libraries, to
develop innovative techniques or programs using new electronic technologies to collect,
organize, preserve, and widely disseminate information on world regions and countries other
than the United States that address our Nation's teaching and research needs in international
education and foreign languages.
`(b) AUTHORIZED ACTIVITIES- Grants under this section may be used-`(1) to facilitate access to or preserve foreign information resources in print or electronic
forms;
`(2) to develop new means of immediate, full-text document delivery for information and
scholarship from abroad;
`(3) to develop new means of shared electronic access to international data;
`(4) to support collaborative projects of indexing, cataloging, and other means of
bibliographic access for scholars to important research materials published or distributed
outside the United States;
`(5) to develop methods for the wide dissemination of resources written in non-Roman
language alphabets;
`(6) to assist teachers of less commonly taught languages in acquiring, via electronic and
other means, materials suitable for classroom use; and
`(7) to promote collaborative technology based projects in foreign languages, area
studies, and international studies among grant recipients under this title.

`(c) APPLICATION- Each institution or consortium desiring a grant under this section shall
submit an application to the Secretary at such time, in such manner, and accompanied by such
information and assurances as the Secretary may reasonably require.
`(d) MATCH REQUIRED- The Federal share of the total cost of carrying out a program
supported by a grant under this section shall not be more than 66 2/3 percent. The non-Federal
share of such cost may be provided either in-kind or in cash, and may include contributions from
private sector corporations or foundations.'.

THE HIGHER EDUCATION ACT OF
1965, AS AMENDED, TITLE VI PART A –
INTERNATIONAL AND FOREIGN
LANGUAGE STUDIES, SECTION 609,
AMERICAN OVERSEAS RESEARCH
CENTERS

ATTACHMENT A: STATUTES AND REGULATIONS

1998 Amendments to the Higher Education Act of 1965
P.L. 105-244

TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
Part A of title VI (20 U.S.C. 1121 et seq.) is amended to read as follows:
`PART A--INTERNATIONAL AND FOREIGN LANGUAGE STUDIES
SEC. 609. AMERICAN OVERSEAS RESEARCH CENTERS.
(a) CENTERS AUTHORIZED- The Secretary is authorized to make grants to and enter
into contracts with any American overseas research center that is a consortium of
institutions of higher education (hereafter in this section referred to as a `center') to
enable such center to promote postgraduate research, exchanges and area studies.
(b) USE OF GRANTS- Grants made and contracts entered into pursuant to this section
may be used to pay all or a portion of the cost of establishing or operating a center or
program, including-(1) the cost of faculty and staff stipends and salaries;
(2) the cost of faculty, staff, and student travel;
(3) the cost of the operation and maintenance of overseas facilities;
(4) the cost of teaching and research materials;
(5) the cost of acquisition, maintenance, and preservation of library collections;
(6) the cost of bringing visiting scholars and faculty to a center to teach or to
conduct research;
(7) the cost of organizing and managing conferences; and
(8) the cost of publication and dissemination of material for the scholarly and
general public.
(c) LIMITATION- The Secretary shall only award grants to and enter into contracts with
centers under this section that-(1) receive more than 50 percent of their funding from public or private United
States sources;

(2) have a permanent presence in the country in which the center is located; and
(3) are organizations described in section 501(c)(3) of the Internal Revenue Code
of 1986 which are exempt from taxation under section 501(a) of such Code.
(d) DEVELOPMENT GRANTS- The Secretary is authorized to make grants for the
establishment of new centers. The grants may be used to fund activities that, within 1
year, will result in the creation of a center described in subsection (c).

THE HIGHER EDUCATION ACT OF
1965, AS AMENDED, TITLE VI PART B –
CENTERS FOR INTERNATIONAL
BUSINESS EDUCATION PROGRAM
SECTIONS 611 AND 612

ATTACHMENT A: STATUTES AND REGULATIONS

19

HIGHER EDUCATION ACT OF 1965

Sec. 611

able such center to promote postgraduate research, exchanges and
area studies.
(b) USE OF GRANTS.—Grants made and contracts entered into
pursuant to this section may be used to pay all or a portion of the
cost of establishing or operating a center or program,
including—
(1) the cost of faculty and staff stipends and salaries;
(2) the cost of faculty, staff, and student travel;
(3) the cost of the operation and maintenance of overseas
facilities;
(4) the cost of teaching and research materials;
(5) the cost of acquisition, maintenance, and preservation
of library collections;
(6) the cost of bringing visiting scholars and faculty to a
center to teach or to conduct research;
(7) the cost of organizing and managing conferences; and
(8) the cost of publication and dissemination of material
for the scholarly and general public.
(c) LIMITATION.—The Secretary shall only award grants to and
enter into contracts with centers under this section that—
(1) receive more than 50 percent of their funding from public or private United States sources;
(2) have a permanent presence in the country in which the
center is located; and
(3) are organizations described in section 501(c)(3) of the
Internal Revenue Code of 1986 which are exempt from taxation
under section 501(a) of such Code.
(d) DEVELOPMENT GRANTS.—The Secretary is authorized to
make grants for the establishment of new centers. The grants may
be used to fund activities that, within 1 year, will result in the creation of a center described in subsection (c).
SEC. 610. ø20 U.S.C. 1128b¿ AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this part
$80,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years.

PART B—BUSINESS AND INTERNATIONAL
EDUCATION PROGRAMS
SEC. 611. ø20 U.S.C. 1130¿ FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—

(1) the future economic welfare of the United States will
depend substantially on increasing international skills in the
business and educational community and creating an awareness among the American public of the internationalization of
our economy;
(2) concerted efforts are necessary to engage business
schools, language and area study programs, professional international affairs education programs, public and private sector
organizations, and United States business in a mutually productive relationship which benefits the Nation’s future economic interests;

Sec. 612

HIGHER EDUCATION ACT OF 1965

20

(3) few linkages presently exist between the manpower
and information needs of United States business and the international education, language training and research capacities
of institutions of higher education in the United States, and
public and private organizations; and
(4) organizations such as world trade councils, world trade
clubs, chambers of commerce and State departments of commerce are not adequately used to link universities and business for joint venture exploration and program development.
(b) PURPOSES.—It is the purpose of this part—
(1) to enhance the broad objective of this Act by increasing
and promoting the Nation’s capacity for international understanding and economic enterprise through the provision of suitable international education and training for business personnel in various stages of professional development; and
(2) to promote institutional and noninstitutional educational and training activities that will contribute to the ability of United States business to prosper in an international
economy.
SEC. 612. ø20 U.S.C. 1130–1¿ CENTERS FOR INTERNATIONAL BUSINESS
EDUCATION.
(a) PROGRAM AUTHORIZED.—
(1) IN GENERAL.—The Secretary is authorized to make

grants to institutions of higher education, or combinations of
such institutions, to pay the Federal share of the cost of planning, establishing and operating centers for international business education which—
(A) will be national resources for the teaching of improved business techniques, strategies, and methodologies
which emphasize the international context in which business is transacted;
(B) will provide instruction in critical foreign languages and international fields needed to provide understanding of the cultures and customs of United States
trading partners; and
(C) will provide research and training in the international aspects of trade, commerce, and other fields of
study.
(2) SPECIAL RULE.—In addition to providing training to
students enrolled in the institution of higher education in
which a center is located, such centers shall serve as regional
resources to businesses proximately located by offering programs and providing research designed to meet the international training needs of such businesses. Such centers shall
also serve other faculty, students, and institutions of higher
education located within their region.
(b) AUTHORIZED EXPENDITURES.—Each grant made under this
section may be used to pay the Federal share of the cost of planning, establishing or operating a center, including the cost of—
(1) faculty and staff travel in foreign areas, regions, or
countries;
(2) teaching and research materials;
(3) curriculum planning and development;

21

HIGHER EDUCATION ACT OF 1965

Sec. 612

(4) bringing visiting scholars and faculty to the center to
teach or to conduct research; and
(5) training and improvement of the staff, for the purpose
of, and subject to such conditions as the Secretary finds necessary for, carrying out the objectives of this section.
(c) AUTHORIZED ACTIVITIES.—
(1) MANDATORY ACTIVITIES.—Programs and activities to be
conducted by centers assisted under this section shall
include—
(A) interdisciplinary programs which incorporate foreign language and international studies training into business, finance, management, communications systems, and
other professional curricula;
(B) interdisciplinary programs which provide business,
finance, management, communications systems, and other
professional training for foreign language and international studies faculty and degree candidates;
(C) programs, such as intensive language programs,
available to members of the business community and other
professionals which are designed to develop or enhance
their international skills, awareness, and expertise;
(D) collaborative programs, activities, or research involving other institutions of higher education, local educational agencies, professional associations, businesses,
firms, or combinations thereof, to promote the development
of international skills, awareness, and expertise among
current and prospective members of the business community and other professionals;
(E) research designed to strengthen and improve the
international aspects of business and professional education and to promote integrated curricula; and
(F) research designed to promote the international
competitiveness of American businesses and firms, including those not currently active in international trade.
(2) PERMISSIBLE ACTIVITIES.—Programs and activities to be
conducted by centers assisted under this section may include—
(A) the establishment of overseas internship programs
for students and faculty designed to provide training and
experience in international business activities, except that
no Federal funds provided under this section may be used
to pay wages or stipends to any participant who is engaged
in compensated employment as part of an internship program;
(B) the establishment of linkages overseas with institutions of higher education and other organizations that
contribute to the educational objectives of this section;
(C) summer institutes in international business, foreign area studies, foreign language studies, and other
international studies designed to carry out the purposes of
subparagraph (A) of this paragraph;
(D) the development of opportunities for business students to study abroad in locations which are important to
the existing and future economic well-being of the United
States;

Sec. 612

HIGHER EDUCATION ACT OF 1965

22

(E) outreach activities or consortia with business programs located at other institutions of higher education for
the purpose of providing expertise regarding the internationalization of such programs, such as assistance in research, curriculum development, faculty development, or
educational exchange programs; and
(F) other eligible activities prescribed by the Secretary.
(d) ADVISORY COUNCIL.—
(1) ESTABLISHMENT.—In order to be eligible for assistance
under this section, an institution of higher education, or combination of such institutions, shall establish a center advisory
council which will conduct extensive planning prior to the
establishment of a center concerning the scope of the center’s
activities and the design of its programs.
(2) MEMBERSHIP ON ADVISORY COUNCIL.—The center advisory council shall include—
(A) one representative of an administrative department or office of the institution of higher education;
(B) one faculty representative of the business or management school or department of such institution;
(C) one faculty representative of the international
studies or foreign language school or department of such
institution;
(D) one faculty representative of another professional
school or department of such institution, as appropriate;
(E) one or more representatives of local or regional
businesses or firms;
(F) one representative appointed by the Governor of
the State in which the institution of higher education is located whose normal responsibilities include official oversight or involvement in State-sponsored trade-related
activities or programs; and
(G) such other individuals as the institution of higher
education deems appropriate, such as a representative of
a community college in the region served by the center.
(3) MEETINGS.—In addition to the initial planning activities required under subsection (d)(1), the center advisory council shall meet not less than once each year after the establishment of the center to assess and advise on the programs and
activities conducted by the center.
(e) GRANT DURATION; FEDERAL SHARE.—
(1) DURATION OF GRANTS.—The Secretary shall make
grants under this section for a minimum of 3 years unless the
Secretary determines that the provision of grants of shorter
duration is necessary to carry out the objectives of this section.
(2) FEDERAL SHARE.—The Federal share of the cost of planning, establishing and operating centers under this section
shall be—
(A) not more than 90 percent for the first year in
which Federal funds are received;
(B) not more than 70 percent for the second such year;
and
(C) not more than 50 percent for the third such year
and for each such year thereafter.

23

HIGHER EDUCATION ACT OF 1965

Sec. 613

(3) NON-FEDERAL SHARE.—The non-Federal share of the
cost of planning, establishing, and operating centers under this
section may be provided either in cash or in-kind.
(4) WAIVER OF NON-FEDERAL SHARE.—In the case of an
institution of higher education receiving a grant under this
part and conducting outreach or consortia activities with another institution of higher education in accordance with section
612(c)(2)(E), the Secretary may waive a portion of the requirements for the non-Federal share required in paragraph (2)
equal to the amount provided by the institution of higher education receiving such grant to such other institution of higher
education for carrying out such outreach or consortia activities.
Any such waiver shall be subject to such terms and conditions
as the Secretary deems necessary for carrying out the purposes
of this section.
(f) GRANT CONDITIONS.—Grants under this section shall be
made on such conditions as the Secretary determines to be necessary to carry out the objectives of this section. Such conditions
shall include—
(1) evidence that the institution of higher education, or
combination of such institutions, will conduct extensive planning prior to the establishment of a center concerning the
scope of the center’s activities and the design of its programs
in accordance with subsection (d)(1);
(2) assurance of ongoing collaboration in the establishment
and operation of the center by faculty of the business, management, foreign language, international studies, professional
international affairs, and other professional schools or departments, as appropriate;
(3) assurance that the education and training programs of
the center will be open to students concentrating in each of
these respective areas, as appropriate; and
(4) assurance that the institution of higher education, or
combination of such institutions, will use the assistance provided under this section to supplement and not to supplant
activities conducted by institutions of higher education described in subsection (c)(1).
SEC. 613. ø20 U.S.C. 1130a¿ EDUCATION AND TRAINING PROGRAMS.
(a) PROGRAM AUTHORIZED.—The Secretary shall make grants

to, and enter into contracts with, institutions of higher education
to pay the Federal share of the cost of programs designed to promote linkages between such institutions and the American business community engaged in international economic activity. Each
program assisted under this section shall both enhance the international academic programs of institutions of higher education and
provide appropriate services to the business community which will
expand its capacity to engage in commerce abroad.
(b) AUTHORIZED ACTIVITIES.—Eligible activities to be conducted
by institutions of higher education pursuant to grants or contracts
awarded under this section shall include—
(1) innovation and improvement in international education
curricula to serve the needs of the business community, includ-

Sec. 613

HIGHER EDUCATION ACT OF 1965

24

ing development of new programs for nontraditional, mid-career, or part-time students;
(2) development of programs to inform the public of increasing international economic interdependence and the role
of American business within the international economic system;
(3) internationalization of curricula at the junior and community college level, and at undergraduate and graduate
schools of business;
(4) development of area studies programs, and interdisciplinary international programs;
(5) establishment of export education programs through cooperative arrangements with regional and world trade centers
and councils, and with bilateral and multilateral trade associations;
(6) research for and development of specialized teaching
materials, including language materials, and facilities appropriate to business-oriented students;
(7) establishment of student and faculty fellowships and
internships for training and education in international business activities;
(8) development of opportunities for junior business and
other professional school faculty to acquire or strengthen international skills and perspectives;
(9) development of research programs on issues of common
interest to institutions of higher education and private sector
organizations and associations engaged in or promoting international economic activity;
(10) the establishment of internships overseas to enable
foreign language students to develop their foreign language
skills and knowledge of foreign cultures and societies;
(11) the establishment of linkages overseas with institutions of higher education and organizations that contribute to
the educational objectives of this section; and
(12) summer institutes in international business, foreign
area and other international studies designed to carry out the
purposes of this section.
(c) APPLICATIONS.—No grant may be made and no contract
may be entered into under this section unless an institution of
higher education submits an application to the Secretary at such
time and in such manner as the Secretary may reasonably require.
Each such application shall be accompanied by a copy of the agreement entered into by the institution of higher education with a
business enterprise, trade organization or association engaged in
international economic activity, or a combination or consortium of
such enterprises, organizations or associations, for the purpose of
establishing, developing, improving or expanding activities eligible
for assistance under subsection (b) of this section. Each such application shall contain assurances that the institution of higher education will use the assistance provided under this section to supplement and not to supplant activities conducted by institutions of
higher education described in subsection (b).

25

HIGHER EDUCATION ACT OF 1965

Sec. 621

(d) FEDERAL SHARE.—The Federal share under this part for
each fiscal year shall not exceed 50 percent of the cost of such program.
SEC. 614. ø20 U.S.C. 1130b¿ AUTHORIZATION OF APPROPRIATIONS.
(a) CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.—There

are authorized to be appropriated $11,000,000 for the fiscal year
1999 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out the provisions of section 612.
(b) EDUCATION AND TRAINING PROGRAMS.—There are authorized to be appropriated $7,000,000 for fiscal year 1999, and such
sums as may be necessary for the 4 succeeding fiscal years, to
carry out the provisions of section 613.

PART C—INSTITUTE FOR INTERNATIONAL
PUBLIC POLICY
SEC. 621. ø20 U.S.C. 1131¿ MINORITY FOREIGN SERVICE PROFESSIONAL
DEVELOPMENT PROGRAM.
(a) ESTABLISHMENT.—The Secretary is authorized to award a

grant, on a competitive basis, to an eligible recipient to enable such
recipient to establish an Institute for International Public Policy
(hereafter in this part referred to as the ‘‘Institute’’). The Institute
shall conduct a program to significantly increase the numbers of
African Americans and other underrepresented minorities in the
international service, including private international voluntary
organizations and the foreign service of the United States. Such
program shall include a program for such students to study abroad
in their junior year, fellowships for graduate study, internships,
intensive academic programs such as summer institutes, or intensive language training.
(b) DEFINITION OF ELIGIBLE RECIPIENT.—
(1) IN GENERAL.—For the purpose of this part, the term
‘‘eligible recipient’’ means a consortium consisting of 1 or more
of the following entities:
(A) An institution eligible for assistance under part B
of title III of this Act.
(B) An institution of higher education which serves
substantial numbers of African American or other underrepresented minority students.
(C) An institution of higher education with programs
in training foreign service professionals.
(2) HOST INSTITUTION.—Each eligible recipient receiving a
grant under this section shall designate an institution of
higher education as the host institution for the Institute.
(c) APPLICATION.—Each eligible recipient desiring a grant
under this section shall submit an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(d) DURATION.—Grants made pursuant to this section shall be
awarded for a period not to exceed 5 years.
(e) MATCH REQUIRED.—The eligible recipient of a grant under
this section shall contribute to the conduct of the program supported by the grant an amount from non-Federal sources equal to

THE HIGHER EDUCATION ACT OF
1965, AS AMENDED, TITLE VI PART B BUSINESS AND INTERNATIONAL
EDUCATION PROGRAMS SECTIONS
611 AND 613

ATTACHMENT A: STATUTES AND REGULATIONS

19

HIGHER EDUCATION ACT OF 1965

Sec. 611

able such center to promote postgraduate research, exchanges and
area studies.
(b) USE OF GRANTS.—Grants made and contracts entered into
pursuant to this section may be used to pay all or a portion of the
cost of establishing or operating a center or program,
including—
(1) the cost of faculty and staff stipends and salaries;
(2) the cost of faculty, staff, and student travel;
(3) the cost of the operation and maintenance of overseas
facilities;
(4) the cost of teaching and research materials;
(5) the cost of acquisition, maintenance, and preservation
of library collections;
(6) the cost of bringing visiting scholars and faculty to a
center to teach or to conduct research;
(7) the cost of organizing and managing conferences; and
(8) the cost of publication and dissemination of material
for the scholarly and general public.
(c) LIMITATION.—The Secretary shall only award grants to and
enter into contracts with centers under this section that—
(1) receive more than 50 percent of their funding from public or private United States sources;
(2) have a permanent presence in the country in which the
center is located; and
(3) are organizations described in section 501(c)(3) of the
Internal Revenue Code of 1986 which are exempt from taxation
under section 501(a) of such Code.
(d) DEVELOPMENT GRANTS.—The Secretary is authorized to
make grants for the establishment of new centers. The grants may
be used to fund activities that, within 1 year, will result in the creation of a center described in subsection (c).
SEC. 610. ø20 U.S.C. 1128b¿ AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this part
$80,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years.

PART B—BUSINESS AND INTERNATIONAL
EDUCATION PROGRAMS
SEC. 611. ø20 U.S.C. 1130¿ FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—

(1) the future economic welfare of the United States will
depend substantially on increasing international skills in the
business and educational community and creating an awareness among the American public of the internationalization of
our economy;
(2) concerted efforts are necessary to engage business
schools, language and area study programs, professional international affairs education programs, public and private sector
organizations, and United States business in a mutually productive relationship which benefits the Nation’s future economic interests;

Sec. 612

HIGHER EDUCATION ACT OF 1965

20

(3) few linkages presently exist between the manpower
and information needs of United States business and the international education, language training and research capacities
of institutions of higher education in the United States, and
public and private organizations; and
(4) organizations such as world trade councils, world trade
clubs, chambers of commerce and State departments of commerce are not adequately used to link universities and business for joint venture exploration and program development.
(b) PURPOSES.—It is the purpose of this part—
(1) to enhance the broad objective of this Act by increasing
and promoting the Nation’s capacity for international understanding and economic enterprise through the provision of suitable international education and training for business personnel in various stages of professional development; and
(2) to promote institutional and noninstitutional educational and training activities that will contribute to the ability of United States business to prosper in an international
economy.
SEC. 612. ø20 U.S.C. 1130–1¿ CENTERS FOR INTERNATIONAL BUSINESS
EDUCATION.
(a) PROGRAM AUTHORIZED.—
(1) IN GENERAL.—The Secretary is authorized to make

grants to institutions of higher education, or combinations of
such institutions, to pay the Federal share of the cost of planning, establishing and operating centers for international business education which—
(A) will be national resources for the teaching of improved business techniques, strategies, and methodologies
which emphasize the international context in which business is transacted;
(B) will provide instruction in critical foreign languages and international fields needed to provide understanding of the cultures and customs of United States
trading partners; and
(C) will provide research and training in the international aspects of trade, commerce, and other fields of
study.
(2) SPECIAL RULE.—In addition to providing training to
students enrolled in the institution of higher education in
which a center is located, such centers shall serve as regional
resources to businesses proximately located by offering programs and providing research designed to meet the international training needs of such businesses. Such centers shall
also serve other faculty, students, and institutions of higher
education located within their region.
(b) AUTHORIZED EXPENDITURES.—Each grant made under this
section may be used to pay the Federal share of the cost of planning, establishing or operating a center, including the cost of—
(1) faculty and staff travel in foreign areas, regions, or
countries;
(2) teaching and research materials;
(3) curriculum planning and development;

21

HIGHER EDUCATION ACT OF 1965

Sec. 612

(4) bringing visiting scholars and faculty to the center to
teach or to conduct research; and
(5) training and improvement of the staff, for the purpose
of, and subject to such conditions as the Secretary finds necessary for, carrying out the objectives of this section.
(c) AUTHORIZED ACTIVITIES.—
(1) MANDATORY ACTIVITIES.—Programs and activities to be
conducted by centers assisted under this section shall
include—
(A) interdisciplinary programs which incorporate foreign language and international studies training into business, finance, management, communications systems, and
other professional curricula;
(B) interdisciplinary programs which provide business,
finance, management, communications systems, and other
professional training for foreign language and international studies faculty and degree candidates;
(C) programs, such as intensive language programs,
available to members of the business community and other
professionals which are designed to develop or enhance
their international skills, awareness, and expertise;
(D) collaborative programs, activities, or research involving other institutions of higher education, local educational agencies, professional associations, businesses,
firms, or combinations thereof, to promote the development
of international skills, awareness, and expertise among
current and prospective members of the business community and other professionals;
(E) research designed to strengthen and improve the
international aspects of business and professional education and to promote integrated curricula; and
(F) research designed to promote the international
competitiveness of American businesses and firms, including those not currently active in international trade.
(2) PERMISSIBLE ACTIVITIES.—Programs and activities to be
conducted by centers assisted under this section may include—
(A) the establishment of overseas internship programs
for students and faculty designed to provide training and
experience in international business activities, except that
no Federal funds provided under this section may be used
to pay wages or stipends to any participant who is engaged
in compensated employment as part of an internship program;
(B) the establishment of linkages overseas with institutions of higher education and other organizations that
contribute to the educational objectives of this section;
(C) summer institutes in international business, foreign area studies, foreign language studies, and other
international studies designed to carry out the purposes of
subparagraph (A) of this paragraph;
(D) the development of opportunities for business students to study abroad in locations which are important to
the existing and future economic well-being of the United
States;

Sec. 612

HIGHER EDUCATION ACT OF 1965

22

(E) outreach activities or consortia with business programs located at other institutions of higher education for
the purpose of providing expertise regarding the internationalization of such programs, such as assistance in research, curriculum development, faculty development, or
educational exchange programs; and
(F) other eligible activities prescribed by the Secretary.
(d) ADVISORY COUNCIL.—
(1) ESTABLISHMENT.—In order to be eligible for assistance
under this section, an institution of higher education, or combination of such institutions, shall establish a center advisory
council which will conduct extensive planning prior to the
establishment of a center concerning the scope of the center’s
activities and the design of its programs.
(2) MEMBERSHIP ON ADVISORY COUNCIL.—The center advisory council shall include—
(A) one representative of an administrative department or office of the institution of higher education;
(B) one faculty representative of the business or management school or department of such institution;
(C) one faculty representative of the international
studies or foreign language school or department of such
institution;
(D) one faculty representative of another professional
school or department of such institution, as appropriate;
(E) one or more representatives of local or regional
businesses or firms;
(F) one representative appointed by the Governor of
the State in which the institution of higher education is located whose normal responsibilities include official oversight or involvement in State-sponsored trade-related
activities or programs; and
(G) such other individuals as the institution of higher
education deems appropriate, such as a representative of
a community college in the region served by the center.
(3) MEETINGS.—In addition to the initial planning activities required under subsection (d)(1), the center advisory council shall meet not less than once each year after the establishment of the center to assess and advise on the programs and
activities conducted by the center.
(e) GRANT DURATION; FEDERAL SHARE.—
(1) DURATION OF GRANTS.—The Secretary shall make
grants under this section for a minimum of 3 years unless the
Secretary determines that the provision of grants of shorter
duration is necessary to carry out the objectives of this section.
(2) FEDERAL SHARE.—The Federal share of the cost of planning, establishing and operating centers under this section
shall be—
(A) not more than 90 percent for the first year in
which Federal funds are received;
(B) not more than 70 percent for the second such year;
and
(C) not more than 50 percent for the third such year
and for each such year thereafter.

23

HIGHER EDUCATION ACT OF 1965

Sec. 613

(3) NON-FEDERAL SHARE.—The non-Federal share of the
cost of planning, establishing, and operating centers under this
section may be provided either in cash or in-kind.
(4) WAIVER OF NON-FEDERAL SHARE.—In the case of an
institution of higher education receiving a grant under this
part and conducting outreach or consortia activities with another institution of higher education in accordance with section
612(c)(2)(E), the Secretary may waive a portion of the requirements for the non-Federal share required in paragraph (2)
equal to the amount provided by the institution of higher education receiving such grant to such other institution of higher
education for carrying out such outreach or consortia activities.
Any such waiver shall be subject to such terms and conditions
as the Secretary deems necessary for carrying out the purposes
of this section.
(f) GRANT CONDITIONS.—Grants under this section shall be
made on such conditions as the Secretary determines to be necessary to carry out the objectives of this section. Such conditions
shall include—
(1) evidence that the institution of higher education, or
combination of such institutions, will conduct extensive planning prior to the establishment of a center concerning the
scope of the center’s activities and the design of its programs
in accordance with subsection (d)(1);
(2) assurance of ongoing collaboration in the establishment
and operation of the center by faculty of the business, management, foreign language, international studies, professional
international affairs, and other professional schools or departments, as appropriate;
(3) assurance that the education and training programs of
the center will be open to students concentrating in each of
these respective areas, as appropriate; and
(4) assurance that the institution of higher education, or
combination of such institutions, will use the assistance provided under this section to supplement and not to supplant
activities conducted by institutions of higher education described in subsection (c)(1).
SEC. 613. ø20 U.S.C. 1130a¿ EDUCATION AND TRAINING PROGRAMS.
(a) PROGRAM AUTHORIZED.—The Secretary shall make grants

to, and enter into contracts with, institutions of higher education
to pay the Federal share of the cost of programs designed to promote linkages between such institutions and the American business community engaged in international economic activity. Each
program assisted under this section shall both enhance the international academic programs of institutions of higher education and
provide appropriate services to the business community which will
expand its capacity to engage in commerce abroad.
(b) AUTHORIZED ACTIVITIES.—Eligible activities to be conducted
by institutions of higher education pursuant to grants or contracts
awarded under this section shall include—
(1) innovation and improvement in international education
curricula to serve the needs of the business community, includ-

Sec. 613

HIGHER EDUCATION ACT OF 1965

24

ing development of new programs for nontraditional, mid-career, or part-time students;
(2) development of programs to inform the public of increasing international economic interdependence and the role
of American business within the international economic system;
(3) internationalization of curricula at the junior and community college level, and at undergraduate and graduate
schools of business;
(4) development of area studies programs, and interdisciplinary international programs;
(5) establishment of export education programs through cooperative arrangements with regional and world trade centers
and councils, and with bilateral and multilateral trade associations;
(6) research for and development of specialized teaching
materials, including language materials, and facilities appropriate to business-oriented students;
(7) establishment of student and faculty fellowships and
internships for training and education in international business activities;
(8) development of opportunities for junior business and
other professional school faculty to acquire or strengthen international skills and perspectives;
(9) development of research programs on issues of common
interest to institutions of higher education and private sector
organizations and associations engaged in or promoting international economic activity;
(10) the establishment of internships overseas to enable
foreign language students to develop their foreign language
skills and knowledge of foreign cultures and societies;
(11) the establishment of linkages overseas with institutions of higher education and organizations that contribute to
the educational objectives of this section; and
(12) summer institutes in international business, foreign
area and other international studies designed to carry out the
purposes of this section.
(c) APPLICATIONS.—No grant may be made and no contract
may be entered into under this section unless an institution of
higher education submits an application to the Secretary at such
time and in such manner as the Secretary may reasonably require.
Each such application shall be accompanied by a copy of the agreement entered into by the institution of higher education with a
business enterprise, trade organization or association engaged in
international economic activity, or a combination or consortium of
such enterprises, organizations or associations, for the purpose of
establishing, developing, improving or expanding activities eligible
for assistance under subsection (b) of this section. Each such application shall contain assurances that the institution of higher education will use the assistance provided under this section to supplement and not to supplant activities conducted by institutions of
higher education described in subsection (b).

25

HIGHER EDUCATION ACT OF 1965

Sec. 621

(d) FEDERAL SHARE.—The Federal share under this part for
each fiscal year shall not exceed 50 percent of the cost of such program.
SEC. 614. ø20 U.S.C. 1130b¿ AUTHORIZATION OF APPROPRIATIONS.
(a) CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.—There

are authorized to be appropriated $11,000,000 for the fiscal year
1999 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out the provisions of section 612.
(b) EDUCATION AND TRAINING PROGRAMS.—There are authorized to be appropriated $7,000,000 for fiscal year 1999, and such
sums as may be necessary for the 4 succeeding fiscal years, to
carry out the provisions of section 613.

PART C—INSTITUTE FOR INTERNATIONAL
PUBLIC POLICY
SEC. 621. ø20 U.S.C. 1131¿ MINORITY FOREIGN SERVICE PROFESSIONAL
DEVELOPMENT PROGRAM.
(a) ESTABLISHMENT.—The Secretary is authorized to award a

grant, on a competitive basis, to an eligible recipient to enable such
recipient to establish an Institute for International Public Policy
(hereafter in this part referred to as the ‘‘Institute’’). The Institute
shall conduct a program to significantly increase the numbers of
African Americans and other underrepresented minorities in the
international service, including private international voluntary
organizations and the foreign service of the United States. Such
program shall include a program for such students to study abroad
in their junior year, fellowships for graduate study, internships,
intensive academic programs such as summer institutes, or intensive language training.
(b) DEFINITION OF ELIGIBLE RECIPIENT.—
(1) IN GENERAL.—For the purpose of this part, the term
‘‘eligible recipient’’ means a consortium consisting of 1 or more
of the following entities:
(A) An institution eligible for assistance under part B
of title III of this Act.
(B) An institution of higher education which serves
substantial numbers of African American or other underrepresented minority students.
(C) An institution of higher education with programs
in training foreign service professionals.
(2) HOST INSTITUTION.—Each eligible recipient receiving a
grant under this section shall designate an institution of
higher education as the host institution for the Institute.
(c) APPLICATION.—Each eligible recipient desiring a grant
under this section shall submit an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(d) DURATION.—Grants made pursuant to this section shall be
awarded for a period not to exceed 5 years.
(e) MATCH REQUIRED.—The eligible recipient of a grant under
this section shall contribute to the conduct of the program supported by the grant an amount from non-Federal sources equal to

THE HIGHER EDUCATION ACT OF
1965, AS AMENDED, TITLE VI PART C –
INSTITUTE FOR INTERNATIONAL
PUBLIC POLICY, SECTION 1131
MINORITY FOREIGN SERVICE
PROFESSIONAL DEVELOPMENT
PROGRAM

ATTACHMENT A: STATUTES AND REGULATIONS

25

HIGHER EDUCATION ACT OF 1965

Sec. 621

(d) FEDERAL SHARE.—The Federal share under this part for
each fiscal year shall not exceed 50 percent of the cost of such program.
SEC. 614. ø20 U.S.C. 1130b¿ AUTHORIZATION OF APPROPRIATIONS.
(a) CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.—There

are authorized to be appropriated $11,000,000 for the fiscal year
1999 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out the provisions of section 612.
(b) EDUCATION AND TRAINING PROGRAMS.—There are authorized to be appropriated $7,000,000 for fiscal year 1999, and such
sums as may be necessary for the 4 succeeding fiscal years, to
carry out the provisions of section 613.

PART C—INSTITUTE FOR INTERNATIONAL
PUBLIC POLICY
SEC. 621. ø20 U.S.C. 1131¿ MINORITY FOREIGN SERVICE PROFESSIONAL
DEVELOPMENT PROGRAM.
(a) ESTABLISHMENT.—The Secretary is authorized to award a

grant, on a competitive basis, to an eligible recipient to enable such
recipient to establish an Institute for International Public Policy
(hereafter in this part referred to as the ‘‘Institute’’). The Institute
shall conduct a program to significantly increase the numbers of
African Americans and other underrepresented minorities in the
international service, including private international voluntary
organizations and the foreign service of the United States. Such
program shall include a program for such students to study abroad
in their junior year, fellowships for graduate study, internships,
intensive academic programs such as summer institutes, or intensive language training.
(b) DEFINITION OF ELIGIBLE RECIPIENT.—
(1) IN GENERAL.—For the purpose of this part, the term
‘‘eligible recipient’’ means a consortium consisting of 1 or more
of the following entities:
(A) An institution eligible for assistance under part B
of title III of this Act.
(B) An institution of higher education which serves
substantial numbers of African American or other underrepresented minority students.
(C) An institution of higher education with programs
in training foreign service professionals.
(2) HOST INSTITUTION.—Each eligible recipient receiving a
grant under this section shall designate an institution of
higher education as the host institution for the Institute.
(c) APPLICATION.—Each eligible recipient desiring a grant
under this section shall submit an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(d) DURATION.—Grants made pursuant to this section shall be
awarded for a period not to exceed 5 years.
(e) MATCH REQUIRED.—The eligible recipient of a grant under
this section shall contribute to the conduct of the program supported by the grant an amount from non-Federal sources equal to

Sec. 622

HIGHER EDUCATION ACT OF 1965

26

at least one-half the amount of the grant, which contribution may
be in cash or in kind.
SEC. 622. ø20 U.S.C. 1131–1¿ INSTITUTIONAL DEVELOPMENT.
(a) IN GENERAL.—The Institute shall award grants,

from
amounts available to the Institute for each fiscal year, to historically Black colleges and universities, Hispanic-serving institutions,
Tribally Controlled Colleges or Universities, and minority institutions, to enable such colleges, universities, and institutions to
strengthen international affairs programs.
(b) APPLICATION.—No grant may be made by the Institute unless an application is made by the college, university, or institution
at such time, in such manner, and accompanied by such information as the Institute may require.
(c) DEFINITIONS.—In this section—
(1) the term ‘‘historically Black college and university’’ has
the meaning given the term in section 322;
(2) the term ‘‘Hispanic-serving institution’’ has the meaning given the term in section 502;
(3) the term ‘‘Tribally Controlled College or University’’
has the meaning given the term in section 2 of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801); and
(4) the term ‘‘minority institution’’ has the meaning given
the term in section 365.
SEC. 623. ø20 U.S.C. 1131a¿ STUDY ABROAD PROGRAM.
(a) PROGRAM AUTHORITY.—The Institute shall

conduct, by
grant or contract, a junior year abroad program. The junior year
abroad program shall be open to eligible students at institutions of
higher education, including historically Black colleges and universities as defined in section 322 of this Act, tribally controlled Indian community colleges as defined in the Tribally Controlled Community College Assistance Act of 1978, and other institutions of
higher education with significant minority student populations. Eligible student expenses shall be shared by the Institute and the
institution at which the student is in attendance. Each student
may spend not more than 9 months abroad in a program of academic study, as well as social, familial and political interactions designed to foster an understanding of and familiarity with the language, culture, economics and governance of the host country.
(b) DEFINITION OF ELIGIBLE STUDENT.—For the purpose of this
section, the term ‘‘eligible student’’ means a student that is—
(1) enrolled full-time in a baccalaureate degree program at
an institution of higher education; and
(2) entering the third year of study, or completing the
third year of study in the case of a summer abroad program,
at an institution of higher education which nominates such
student for participation in the study abroad program.
(c) SPECIAL RULE.—An institution of higher education desiring
to send a student on the study abroad program shall enter into a
Memorandum of Understanding with the Institute under which
such institution of higher education agrees to—
(1) provide the requisite academic preparation for students
participating in the study abroad or internship programs;

27

HIGHER EDUCATION ACT OF 1965

Sec. 625

(2) pay one-third the cost of each student it nominates for
participation in the study abroad program; and
(3) meet such other requirements as the Secretary may
from time to time, by regulation, reasonably require.
SEC. 624. ø20 U.S.C. 1131b¿ MASTERS DEGREE IN INTERNATIONAL
RELATIONS.

The Institute shall provide, in cooperation with the other members participating in the eligible recipient consortium, a program of
study leading to a masters degree in international relations. The
masters degree program designed by the consortia shall be reviewed and approved by the Secretary. The Institute may grant fellowships in an amount not to exceed the level of support comparable to that provided by the National Science Foundation graduate fellowships, except such amount shall be adjusted as necessary so as not to exceed the fellow’s demonstrated level of need
according to measurement of need approved by the Secretary. A fellowship recipient shall agree to undertake full-time study and to
enter the international service (including work with private international voluntary organizations) or foreign service of the United
States
SEC. 625. ø20 U.S.C. 1131c¿ INTERNSHIPS.
(a) IN GENERAL.—The Institute shall

enter into agreements
with historically Black colleges and universities as defined in section 322 of this Act, tribally controlled Indian community colleges
as defined in the Tribally Controlled Community College Assistance Act of 1978, other institutions of higher education with significant numbers of minority students, and institutions of higher education with programs in training foreign service professionals, to
provide academic year internships during the junior and senior
year and summer internships following the sophomore and junior
academic years, by work placements with an international voluntary or government organizations or agencies, including the
Agency for International Development, the United States Information Agency, the International Monetary Fund, the National Security Council, the Organization of American States, the Export-Import Bank, the Overseas Private Investment Corporation, the
Department of State, Office of the United States Trade Representative, the World Bank, and the United Nations.
(b) POSTBACCALAUREATE INTERNSHIPS.—The Institute shall
enter into agreements with institutions of higher education described in the first sentence of subsection (a) to conduct internships
for students who have completed study for a baccalaureate degree.
The internship program authorized by this subsection shall—
(1) assist the students to prepare for a master’s degree program;
(2) be carried out with the assistance of the Woodrow Wilson International Center for Scholars;
(3) contain work experience for the students designed to
contribute to the students’ preparation for a master’s degree
program; and
(4) be assisted by the Interagency Committee on Minority
Careers in International Affairs established under subsection
(c).

Sec. 626

HIGHER EDUCATION ACT OF 1965

28

(c) INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL AFFAIRS.—
(1) ESTABLISHMENT.—There is established in the executive
branch of the Federal Government an Interagency Committee
on Minority Careers in International Affairs composed of not
less than 7 members, including—
(A) the Under Secretary for Farm and Foreign Agricultural Services of the Department of Agriculture, or the
Under Secretary’s designee;
(B) the Assistant Secretary and Director General, of
the United States and Foreign Commercial Service of the
Department of Commerce, or the Assistant Secretary and
Director General’s designee;
(C) the Under Secretary of Defense for Personnel and
Readiness of the Department of Defense, or the Under Secretary’s designee;
(D) the Assistant Secretary for Postsecondary Education in the Department of Education, or the Assistant
Secretary’s designee;
(E) the Director General of the Foreign Service of the
Department of State, or the Director General’s designee;
(F) the General Counsel of the Agency for International Development, or the General Counsel’s designee;
and
(G) the Associate Director for Educational and Cultural Affairs of the United States Information Agency, or
the Associate Director’s designee.
(2) FUNCTIONS.—The Interagency Committee established
by this section shall—
(A) on an annual basis inform the Secretary and the
Institute regarding ways to advise students participating
in the internship program assisted under this section with
respect to goals for careers in international affairs;
(B) locate for students potential internship opportunities in the Federal Government related to international affairs; and
(C) promote policies in each department and agency
participating in the Committee that are designed to carry
out the objectives of this part.
SEC. 626. ø20 U.S.C. 1131d¿ REPORT.

The Institute shall annually prepare a report on the activities
of the Institute and shall submit such report to the Secretary of
Education and the Secretary of State.
SEC. 627. ø20 U.S.C. 1131e¿ GIFTS AND DONATIONS.

The Institute is authorized to receive money and other property donated, bequeathed, or devised to the Institute with or without a condition of restriction, for the purpose of providing financial
support for the fellowships or underwriting the cost of the Junior
Year Abroad Program. All funds or property given, devised, or bequeathed shall be retained in a separate account, and an accounting of those funds and property shall be included in the annual report described in section 626.

Higher Education Act of 1965, Title VI, Part C, as amended,
20 U.S.C 1131 – 1131f
Sec. 1131 - Minority Foreign Service Professional Development Program
(a) Establishment
The Secretary is authorized to award a grant, on a competitive basis, to an eligible
recipient to enable such recipient to establish an Institute for International Public
Policy (hereafter in this part referred to as the ''Institute''). The Institute shall
conduct a program to significantly increase the numbers of African Americans and
other underrepresented minorities in the international service, including private
international voluntary organizations and the foreign service of the United States.
Such program shall include a program for such students to study abroad in their
junior year, fellowships for graduate study, internships, intensive academic
programs such as summer institutes, or intensive language training.
(b) ''Eligible recipient'' defined
(1) In General
For the purpose of this part, the term ''eligible recipient'' means a consortium
consisting of 1 or more of the following entities:
(A) An institution eligible for assistance under part B of subchapter III of
this chapter.
(B) An institution of higher education which serves substantial numbers of
African American or other underrepresented minority students.
(C) An institution of higher education with programs in training foreign
service professionals.
(2) (2)Host institution
Each eligible recipient receiving a grant under this section shall
designate an institution of higher education as the host institution for
the Institute.
(c) Application
Each eligible recipient desiring a grant under this section shall submit
an application at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.

(d) Duration
Grants made pursuant to this section shall be awarded for a period not
to exceed 5 years.
(e) Match required
The eligible recipient of a grant under this section shall contribute to the
conduct of the program supported by the grant an amount from nonFederal sources equal to at least one-half the amount of the grant, which
contribution may be in cash or in kind
Sec. 1131-1. - Institutional development
(a) In general
The Institute shall award grants, from amounts available to the Institute for
each fiscal year, to historically Black colleges and universities, Hispanicserving institutions, Tribally Controlled Colleges or Universities, and
minority institutions, to enable such colleges, universities, and institutions
to strengthen international affairs programs.
(b) Application
No grant may be made by the Institute unless an application is made by
the college, university, or institution at such time, in such manner, and
accompanied by such information as the Institute may require.
(c) Definitions
In this section –
(1) the term ''historically Black college and university'' has the meaning
given the term in section 1061 of this title;
(2) the term ''Hispanic-serving institution'' has the meaning given the term
in section 1101a of this title;
(3) the term ''Tribally Controlled College or University'' has the meaning
given the term in section 1801 of title 25; and
(4) the term ''minority institution'' has the meaning given the term in
section 1067k of this title
Sec. 1131a. - Study abroad program

(a) Program authority
The Institute shall conduct, by grant or contract, a junior year abroad
program. The junior year abroad program shall be open to eligible students
at institutions of higher education, including historically Black colleges
and universities as defined in section 1061 of this title, tribally controlled
Indian community colleges as defined in the Tribally Controlled College
or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.), and other
institutions of higher education with significant minority student
populations. Eligible student expenses shall be shared by the Institute and
the institution at which the student is in attendance. Each student may
spend not more than 9 months abroad in a program of academic study, as
well as social, familial and political interactions designed to foster an
understanding of and familiarity with the language, culture, economics
and governance of the host country.
(b) ''Eligible student'' defined
For the purpose of this section, the term ''eligible student'' means a student that
is –
(1) enrolled full-time in a baccalaureate degree program at an institution of
higher education; and
(2) entering the third year of study, or completing the third year of study in
the case of a summer abroad program, at an institution of higher education
which nominates such student for participation in the study abroad
program.
(c) Special rule
An institution of higher education desiring to send a student on the study
abroad program shall enter into a Memorandum of Understanding with the
Institute under which such institution of higher education agrees to –
(1) provide the requisite academic preparation for students participating in
the study abroad or internship programs;
(2) pay one-third the cost of each student it nominates for participation in
the study abroad program; and
(3) meet such other requirements as the Secretary may from time to time,
by regulation, reasonably require
Sec. 1131b. - Masters degree in international relations

The Institute shall provide, in cooperation with the other members participating in
the eligible recipient consortium, a program of study leading to a master’s degree
in international relations. The master’s degree program designed by the consortia
shall be reviewed and approved by the Secretary. The Institute may grant
fellowships in an amount not to exceed the level of support comparable to that
provided by the National Science Foundation graduate fellowships, except such
amount shall be adjusted as necessary so as not to exceed the fellow's
demonstrated level of need according to measurement of need approved by the
Secretary. A fellowship recipient shall agree to undertake full-time study and to
enter the international service (including work with private international voluntary
organizations) or foreign service of the United States.
Sec. 1131c. - Internships
(a) In general
The Institute shall enter into agreements with historically Black colleges and
universities as defined in section 1061 of this title, tribally controlled Indian
community colleges as defined in the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801 et seq.), other institutions
of higher education with significant numbers of minority students, and
institutions of higher education with programs in training foreign service
professionals, to provide academic year internships during the junior and
senior year and summer internships following the sophomore and junior
academic years, by work placements with an international voluntary or
government organizations or agencies, including the Agency for International
Development, the International Monetary Fund, the National Security
Council, the Organization of American States, the Export-Import Bank, the
Overseas Private Investment Corporation, the Department of State, Office of
the United States Trade Representative, the World Bank, and the United
Nations.
(b) Postbaccalaureate internships
The Institute shall enter into agreements with institutions of higher education
described in the first sentence of subsection (a) of this section to conduct
internships for students who have completed study for a baccalaureate degree.
The internship program authorized by this subsection shall –
(1) assist the students to prepare for a master's degree program;
(2) be carried out with the assistance of the Woodrow Wilson International
Center for Scholars;
(3) contain work experience for the students designed to contribute to the
students' preparation for a master's degree program; and

(4) be assisted by the Interagency Committee on Minority Careers in
International Affairs established under subsection (c) of this section.
(c) Interagency Committee on Minority Careers in International Affairs
(1)Establishment
There is established in the executive branch of the Federal Government an
Interagency Committee on Minority Careers in International Affairs
composed of not less than 7 members, including (A) the Under Secretary for Farm and Foreign Agricultural Services of the
Department of Agriculture, or the Under Secretary's designee;
(B) the Assistant Secretary and Director General, of the United States and
Foreign Commercial Service of the Department of Commerce, or the
Assistant Secretary and Director General's designee;
(C) the Under Secretary of Defense for Personnel and Readiness of the
Department of Defense, or the Under Secretary's designee;
(D) the Assistant Secretary for Postsecondary Education in the Department
of Education, or the Assistant Secretary's designee;
(E) the Director General of the Foreign Service of the Department of State,
or the Director General's designee;
(F) the General Counsel of the Agency for International Development, or the
General Counsel's designee; and
(G) the Associate Director for Educational and Cultural Affairs of the
United States Information Agency, or the Associate Director's designee.
(2) Functions
The Interagency Committee established by this section shall (A) on an annual basis inform the Secretary and the Institute regarding ways
to advise students participating in the internship program assisted under this
section with respect to goals for careers in international affairs;
(B) locate for students potential internship opportunities in the Federal
Government related to international affairs; and
(C) promote policies in each department and agency participating in the
Committee that are designed to carry out the objectives of this part

Sec. 1131d. - Report
The Institute shall annually prepare a report on the activities of the Institute and
shall submit such report to the Secretary of Education and the Secretary of State
Sec. 1131e. - Gifts and donations
The Institute is authorized to receive money and other property donated,
bequeathed, or devised to the Institute with or without a condition of restriction, for
the purpose of providing financial support for the fellowships or underwriting the
cost of the Junior Year Abroad Program. All funds or property given, devised, or
bequeathed shall be retained in a separate account, and an accounting of those
funds and property shall be included in the annual report described in section
1131d of this title
Sec. 1131f. - Authorization of appropriations
There is authorized to be appropriated $10,000,000 for fiscal year 1999 and such
sums as may be necessary for each of the 4 succeeding fiscal years to carry out
this part.

THE MUTUAL EDUCATIONAL AND
CULTURAL EXCHANGE ACT (THE
FULBRIGHT-HAYS ACT), 1961,
SECTION 102 (B)(6), DDRA, FRA, GPA,
AND SA PROGRAMS

ATTACHMENT A: STATUTES AND REGULATIONS

-CITE22 USC CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAM

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADCHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-MISC1Sec.
2451.
2451a.
2452.
2452a.
2452b.
2452c.
2453.
2454.
2455.
2456.
2457.
2458.
2458a.
2459.
2460.
2461.
2462.
2463.
2464.

Congressional statement of purpose.
Repealed.
Authorization of activities.
Exchange program with countries in transition from
totalitarianism to democracy.
International expositions.
Program to provide grants to American-sponsored
schools in predominantly Muslim countries to provide
scholarships.
Agreements with foreign governments and international
organizations.
Administration.
Appropriations.
J. William Fulbright Foreign Scholarship Board.
Reports by Board.
Authority of President.
Federal employee participation in cultural exchange
programs.
Immunity from seizure under judicial process of
cultural objects imported for temporary exhibition or
display.
Bureau of Educational and Cultural Affairs.
Exchanges between United States and independent states
of the former Soviet Union.
Establishment of grant program for foreign study by
American college students of limited financial means.
Allocation of funds transferred to the Bureau of
Educational and Cultural Affairs.
Ethical issues in international health research.

-End-

-CITE22 USC Sec. 2451

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2451. Congressional statement of purpose

-STATUTEThe purpose of this chapter is to enable the Government of the
United States to increase mutual understanding between the people
of the United States and the people of other countries by means of
educational and cultural exchange; to strengthen the ties which
unite us with other nations by demonstrating the educational and
cultural interests, developments, and achievements of the people of
the United States and other nations, and the contributions being
made toward a peaceful and more fruitful life for people throughout
the world; to promote international cooperation for educational and
cultural advancement; and thus to assist in the development of
friendly, sympathetic, and peaceful relations between the United
States and the other countries of the world.
-SOURCE(Pub. L. 87-256, Sec. 101, Sept. 21, 1961, 75 Stat. 527.)
-REFTEXTREFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527, as
amended, known as the Mutual Educational and Cultural Exchange Act
of 1961. For complete classification of this Act to the Code, see
Short Title note set out below and Tables.
-MISC1SHORT TITLE
Pub. L. 87-256, Sec. 1, Sept. 21, 1961, 75 Stat. 527, provided:
"That this Act [enacting this chapter, amending sections 1101, 1182
and 1258 of Title 8, Aliens and Nationality, sections 117, 871,
872, 1441, 3121, 3306, 3401 and 3402 of Title 26, Internal Revenue
Code, and section 410 of Title 42, The Public Health and Welfare,
repealing sections 1431(2), 1434, 1439, 1440, 1446, 1448, 1466 to
1468 and 1991 to 2001 of this title, sections 222 to 224 of Title
20, Education, and section 1641(b)(2) of Title 50, Appendix, War
and National Defense, and enacting provisions set out as notes
under this section and under sections 117, 1441, 3121 and 3401 of
Title 26] may be cited as the 'Mutual Educational and Cultural
Exchange Act of 1961'."
Pub. L. 87-256 is also popularly known as the "Fulbright-Hays
Act".
-TRANSTRANSFER OF FUNCTIONS
Functions vested in President, Secretary of State, Department of
State, United States Information Agency or Director thereof under
this chapter transferred to Director of International Communication
Agency by Reorg. Plan No. 2 of 1977, Sec. 7(a)(2), 42 F.R. 62461,
91 Stat. 1637, set out under section 1461 of this title, effective
on or before July 1, 1978, at such time as specified by President,
except (A) for such functions as are vested by sections 2452(b)(6),
(10), 2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c), 2456(a)
and 2458 of this title, (B) for such functions as are vested by
sections 2454(b), 2455(d)(2), (f), and 2456(d), (f) of this title,
to extent that such functions were assigned to Secretary of Health,

Education, and Welfare [now Secretary of Education] immediately
prior to effective date of Reorg. Plan No. 2 of 1977, and (C) for
such functions as are vested by section 2456(b), (c) of this title
to extent that any such function therein is vested in President or
Secretary of State. International Communication Agency, and
Director thereof, redesignated United States Information Agency,
and Director thereof, by section 303 of Pub. L. 97-241, title III,
Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461
of this title. United States Information Agency (other than
Broadcasting Board of Governors and International Broadcasting
Bureau) abolished and functions transferred to Secretary of State,
see sections 6531 and 6532 of this title. References to United
States Information Agency or International Communication Agency
deemed to refer to Department of State, see section 6551 of this
title.
-MISC2EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE
ISLAMIC WORLD
Pub. L. 108-458, title VII, Sec. 7112, Dec. 17, 2004, 118 Stat.
3796, provided that:
"(a) Findings. - Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
"(1) Exchange, scholarship, and library programs are effective
ways for the United States Government to promote internationally
the values and ideals of the United States.
"(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States values and
offer them knowledge and hope.
"(b) Declaration of Policy. - Consistent with the report of the
National Commission on Terrorist Attacks Upon the United States,
Congress declares that "(1) the United States should commit to a long-term and
sustainable investment in promoting engagement with people of all
levels of society in countries with predominantly Muslim
populations, particularly with youth and those who influence
youth;
"(2) such an investment should make use of the talents and
resources in the private sector and should include programs to
increase the number of people who can be exposed to the United
States and its fundamental ideas and values in order to dispel
misconceptions; and
"(3) such programs should include youth exchange programs,
young ambassadors programs, international visitor programs,
academic and cultural exchange programs, American Corner
programs, library programs, journalist exchange programs, sister
city programs, and other programs related to people-to-people
diplomacy.
"(c) Sense of Congress. - It is the sense of Congress that the
United States should significantly increase its investment in the
people-to-people programs described in subsection (b).
"(d) Authority To Expand Educational and Cultural Exchanges. The President is authorized to substantially expand the exchange,
scholarship, and library programs of the United States, especially
such programs that benefit people in the Muslim world.

"(e) Availability of Funds. - Of the amounts authorized to be
appropriated in each of the fiscal years 2005 and 2006 for
educational and cultural exchange programs, there shall be
available to the Secretary of State such sums as may be necessary
to carry out programs under this section, unless otherwise
authorized by Congress."
ADVISORY COMMITTEE ON CULTURAL DIPLOMACY
Pub. L. 107-228, div. A, title II, Sec. 224, Sept. 30, 2002, 116
Stat. 1368, provided that:
"(a) Establishment. - There is established an Advisory Committee
on Cultural Diplomacy (in this section referred to as the 'Advisory
Committee'), which shall be composed of nine members, as follows:
"(1) The Under Secretary of State for Public Diplomacy, who
shall serve as Chair.
"(2) The Assistant Secretary of State for Educational and
Cultural Affairs.
"(3) Seven members appointed pursuant to subsection (c).
"(b) Duties. - The Advisory Committee shall advise the Secretary
on programs and policies to advance the use of cultural diplomacy
in United States foreign policy. The Advisory Committee shall, in
particular, provide advice to the Secretary on "(1) increasing the presentation abroad of the finest of the
creative, visual, and performing arts of the United States; and
"(2) strategies for increasing public-private partnerships to
sponsor cultural exchange programs that promote the national
interests of the United States.
"(c) Appointments. - The members of the Advisory Committee shall
be appointed by the Secretary, not more than four of whom shall be
from the same political party, from among distinguished Americans
with a demonstrated record of achievement in the creative, visual,
and performing arts, or international affairs. No officer or
employee of the United States shall be appointed to the Advisory
Committee.
"(d) Vacancies. - A vacancy in the membership of the Advisory
Committee shall be filled in the same manner as provided under this
subsection to make the original appointment.
"(e) Meetings. - A majority of the members of the Advisory
Committee shall constitute a quorum. The Advisory Committee shall
meet at least twice each year or as frequently as may be necessary
to carry out its duties.
"(f) Administrative Support. - The Secretary is authorized to
provide the Advisory Committee with necessary administrative
support from among the staff of the Bureau of Educational and
Cultural Affairs of the Department.
"(g) Compensation. - Members of the Advisory Committee shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
of the Advisory Committee.
"(h) Exemption From Federal Advisory Committee Act. - The Federal
Advisory Committee Act [5 U.S.C. App.] shall not apply to the
Advisory Committee to the extent that the provisions of this
section are inconsistent with that Act.
"(i) Authorization of Appropriations. - There are authorized to
be appropriated to the Department such sums as may be necessary to

carry out this section.
"(j) Termination. - The Advisory Committee shall terminate
September 30, 2005."
[For definitions of "Secretary" and "Department" as used in
section 224 of Pub. L. 107-228, set out above, see section 3 of
Pub. L. 107-228, set out as a note under section 2651 of this
title.]
CONTINUATION OF CERTAIN EXECUTIVE ORDERS, AGREEMENTS,
DETERMINATIONS, REGULATIONS, CONTRACTS, APPOINTMENTS, AND OTHER
ACTIONS
Section 111(b) of Pub. L. 87-256 provided that: "All Executive
orders, agreements, determinations, regulations, contracts,
appointments, and other actions issued, concluded, or taken under
authority of any provisions of law repealed by subsection (a) of
this section [repealing sections 1431(2), 1434, 1439, 1440, 1446,
1448, 1466 to 1468, and 1991 to 2001 of this title, sections 222 to
224 of Title 20, Education, and section 1641(b)(2) of Title 50,
Appendix, War and National Defense] shall continue in full force
and effect, and shall be applicable to the appropriate provisions
of this Act [this chapter] until modified or superseded by
appropriate authority."
REFERENCES IN OTHER LAWS TO REPEALED PROVISIONS
Section 111(c) of Pub. L. 87-256 provided that: "Any reference in
any other Act to the provisions of law listed in subsection (a)
[repealing sections 1431(2), 1434, 1439, 1440, 1446, 1448, 1466 to
1468, and 1991 to 2001 of this title, sections 222 to 224 of Title
20, Education, and section 1641(b)(2) of Title 50, Appendix, War
and National Defense] shall hereafter be considered to be
references to the appropriate provisions of this Act [this
chapter]."
-End-

-CITE22 USC Sec. 2451a

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2451a. Repealed.
-MISC1Sec. 2451a. Repealed. Pub. L. 91-269, Sec. 7, May 27, 1970, 84
Stat. 272.
Section, Pub. L. 89-685, Sec. 8, Oct. 15, 1966, 80 Stat. 974,
required registration of international fair, exposition,
celebration or other international exhibition with an international
organization for participation by the United States. See section
2801 et seq. of this title.
-End-

-CITE22 USC Sec. 2452

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2452. Authorization of activities
-STATUTE(a) Grants or contracts for educational or cultural exchanges;
participation in international fairs and expositions abroad
The Director of the United States Information Agency is
authorized, when he considers that it would strengthen
international cooperative relations, to provide, by grant,
contract, or otherwise, for (1) educational exchanges, (i) by financing studies, research,
instruction, and other educational activities (A) of or for American citizens and nationals in foreign
countries, and
(B) of or for citizens and nationals of foreign countries in
American schools and institutions of learning located in or
outside the United States;
and (ii) by financing visits and interchanges between the United
States and other countries of students, trainees, teachers,
instructors, and professors;
(2) cultural exchanges, by financing (i) visits and interchanges between the United States and
other countries of leaders, experts in fields of specialized
knowledge or skill, and other influential or distinguished
persons;
(ii) tours in countries abroad by creative and performing
artists and athletes from the United States, individually and
in groups, representing any field of the arts, sports, or any
other form of cultural attainment;
(iii) United States representation in international artistic,
dramatic, musical, sports, and other cultural festivals,
competitions, meetings, and like exhibitions and assemblies;
(iv) participation by groups and individuals from other
countries in nonprofit activities in the United States similar
to those described in subparagraphs (ii) and (iii) of this
paragraph, when the Director of the United States Information
Agency determines that such participation is in the national
interest.(!1)
(3) United States participation in international fairs and
expositions abroad, including trade and industrial fairs and
other public or private demonstrations of United States economic
accomplishments and cultural attainments.
(b) Other exchanges
In furtherance of the purposes of this chapter, the President is

further authorized to provide for (1) interchanges between the United States and other countries
of handicrafts, scientific, technical, and scholarly books, books
of literature, periodicals, and Government publications, and the
reproduction and translation of such writings, and the
preparation, distribution, and interchange of other educational
and research materials, including laboratory and technical
equipment for education and research;
(2) establishing and operating in the United States and abroad
centers for cultural and technical interchanges to promote better
relations and understanding between the United States and other
nations through cooperative study, training, and research;
(3) assistance in the establishment, expansion, maintenance,
and operation of schools and institutions of learning abroad,
founded, operated, or sponsored by citizens or nonprofit
institutions of the United States, including such schools and
institutions serving as demonstration centers for methods and
practices employed in the United States;
(4) fostering and supporting American studies in foreign
countries through professorships, lectureships, institutes,
seminars, and courses in such subjects as American history,
government, economics, language and literature, and other
subjects related to American civilization and culture, including
financing the attendance at such studies by persons from other
countries;
(5) promoting and supporting medical, scientific, cultural, and
educational research and development;
(6) promoting modern foreign language training and area studies
in United States schools, colleges, and universities by
supporting visits and study in foreign countries by teachers and
prospective teachers in such schools, colleges, and universities
for the purpose of improving their skill in languages and their
knowledge of the culture of the people of those countries, and by
financing visits by teachers 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;
(7) United States representation at international
nongovernmental educational, scientific, and technical meetings;
(8) participation by groups and individuals from other
countries in educational, scientific, and technical meetings held
under American auspices in or outside the United States;
(9) encouraging independent research into the problems of
educational and cultural exchange;
(10) promoting studies, research, instruction, and other
educational activities of citizens and nationals of foreign
countries in American schools, colleges, and universities located
in the United States by making available to citizens and
nationals of less developed friendly foreign countries for
exchange for currencies of their respective countries (other than
excess foreign currencies), at United States embassies, United
States dollars in such amounts as may be necessary to enable such
foreign citizens or nationals who are coming temporarily to the
United States as students, trainees, teachers, instructors, or
professors to meet expenses of the kind described in section
2454(e)(1) of this title;
(11) interchanges and visits between the United States and

other countries of scientists, scholars, leaders, and other
experts in the fields of environmental science and environmental
management; and
(12) promoting respect for and guarantees of religious freedom
abroad by interchanges and visits between the United States and
other nations of religious leaders, scholars, and religious and
legal experts in the field of religious freedom.
-SOURCE(Pub. L. 87-256, Sec. 102, Sept. 21, 1961, 75 Stat. 527; Pub. L. 87565, pt. IV, Sec. 403, Aug. 1, 1962, 76 Stat. 263; Pub. L. 89-698,
title II, Sec. 203(a), Oct. 29, 1966, 80 Stat. 1071; 1977 Reorg.
Plan No. 2, Sec. 7(a)(2), 42 F.R. 62461, 91 Stat. 1637; Pub. L. 97241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L.
98-164, title VII, Sec. 703(a), Nov. 22, 1983, 97 Stat. 1045; Pub.
L. 105-292, title V, Sec. 503, Oct. 27, 1998, 112 Stat. 2811.)
-REFTEXTREFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the original
"this Act", meaning Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527,
as amended, known as the Mutual Educational and Cultural Exchange
Act of 1961. For complete classification of this Act to the Code,
see Short Title note set out under section 2451 of this title and
Tables.
-MISC11998 - Subsec.
1983 - Subsec.
1966 - Subsec.
1962 - Subsec.
"expositions".

AMENDMENTS
(b)(12). Pub. L. 105-292 added par. (12).
(b)(11). Pub. L. 98-164 added par. (11).
(b)(10). Pub. L. 89-698 added par. (10).
(a)(3). Pub. L. 87-565 inserted "abroad" after

EFFECTIVE DATE OF 1962 AMENDMENT
Section 403 of Pub. L. 87-565 provided in part that: "The
amendment made by this section [amending this section] shall not be
applicable with respect to any fair or exposition within the United
States for which an appropriation has been provided."
-TRANSTRANSFER OF FUNCTIONS
United States Information Agency (other than Broadcasting Board
of Governors and International Broadcasting Bureau) abolished and
functions transferred to Secretary of State, see sections 6531 and
6532 of this title. "Director of the United States Information
Agency" substituted for "Director of the International
Communication Agency" in subsec. (a), opening par. and par.
(2)(iv), pursuant to section 303(b) of Pub. L. 97-241, title III,
Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461
of this title. Previously, "Director of the International
Communication Agency" substituted for "President" in subsec. (a),
opening par. and par. (2)(iv), pursuant to Reorg. Plan No. 2 of
1977, Sec. 7(a)(2), 42 F.R. 62461, 91 Stat. 1637, set out under
section 1461 of this title, effective on or before July 1, 1978, at

such time as specified by President, which transferred functions
vested in President, Secretary of State, Department of State,
United States Information Agency, or Director thereof, under this
chapter, to Director of International Communication Agency, except
(A) for such functions as are vested by subsec. (b)(6), (10) of
this section, and sections 2454(a), (e)(1), (2), (f), (g), 2455(a),
(b), (c), 2456(a) and 2458 of this title, (B) for such functions as
are vested by sections 2454(b), 2455(d)(2), (f), and 2456(d), (f)
of this title, to the extent that such functions were assigned to
Secretary of Health, Education, and Welfare [now Secretary of
Education] immediately prior to effective date of Reorg. Plan No. 2
of 1977, and (C) for such functions as are vested by section
2456(b), (c) of this title to the extent that any such function
therein is vested in President or Secretary of State.
DELEGATION OF FUNCTIONS
Functions of President under this section delegated to Secretary
of State, Director of United States Information Agency, Secretary
of Commerce, and Secretary of Education, see Ex. Ord. No. 11034,
June 25, 1962, 27 F.R. 6071, as amended, set out as a note under
section 2454 of this title.
-MISC2PERFORMANCE OF FUNCTIONS
Authorization of performance of functions under subsec. (a)(2)
and (3) of this section by departments or other executive agencies,
see Ex. Ord. No. 11380, Sec. 2, Nov. 8, 1967, 32 F.R. 15627, set
out as a note under section 2454 of this title.
PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS IN
PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS
Pub. L. 108-458, title VII, Sec. 7113, Dec. 17, 2004, 118 Stat.
3797, as amended, formerly set out as a note under this section,
was transferred and is classified to section 2452c of this title.
CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
Pub. L. 104-319, title I, Sec. 102, Oct. 19, 1996, 110 Stat.
3865, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div.
A, title IV, Sec. 402], Nov. 29, 1999, 113 Stat. 1536, 1501A-445,
provided that:
"(a) In General. - In carrying out programs of educational and
cultural exchange in countries whose people do not fully enjoy
freedom and democracy, the Secretary of State, with the assistance
of the Under Secretary of State for Public Diplomacy, shall
provide, where appropriate, opportunities for significant
participation in such programs to nationals of such countries who
are "(1) human rights or democracy leaders of such countries; or
"(2) committed to advancing human rights and democratic values
in such countries.
"(b) Grantee Organizations. - To the extent practicable, grantee
organizations selected to operate programs described in subsection
(a) shall be selected through an open competitive process. Among
the factors that should be considered in the selection of such a
grantee are the willingness and ability of the organization to "(1) recruit a broad range of participants, including those

described in paragraphs (1) and (2) of subsection (a); and
"(2) ensure that the governments of the countries described in
subsection (a) do not have inappropriate influence in the
selection process."
LIMITATION ON PARTICIPATION IN INTERNATIONAL EXPOSITIONS OR FAIRS
Pub. L. 103-236, title II, Sec. 230, Apr. 30, 1994, 108 Stat.
424, which provided that United States Information Agency could not
obligate or expend funds for a United States Government funded
pavilion or major exhibit at any international exposition or
world's fair in excess of amounts expressly authorized and
appropriated for such purpose, was repealed by Pub. L. 106-113,
div. B, Sec. 1000(a)(7) [div. A, title II, Sec. 204(e)], Nov. 29,
1999, 113 Stat. 1536, 1501A-421. See section 2452b of this title.
INTERNATIONAL EXCHANGE, SCHOLARSHIP, AND TRAINING PROGRAMS
Pub. L. 110-83, Sept. 20, 2007, 121 Stat. 781, authorized
establishment of a United States-Poland parliamentary youth
exchange program.
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title II], Dec. 21, 2000,
114 Stat. 2763, 2763A-254, as amended by Pub. L. 107-228, div. A,
title II, Sec. 227, Sept. 30, 2002, 116 Stat. 1369, known as the
Vietnam Education Foundation Act of 2000, established the Vietnam
Education Foundation to provide fellowships to Vietnamese nationals
to study the sciences, mathematics, medicine, and technology in the
United States and to United States citizens to teach those subjects
in Vietnam.
Pub. L. 104-319, title I, Sec. 103, Oct. 19, 1996, 110 Stat.
3865, as amended by Pub. L. 105-277, div. G, subdiv. B, title XXIV,
Sec. 2415, Oct. 21, 1998, 112 Stat. 2681-834; Pub. L. 106-113, div.
B, Sec. 1000(a)(7) [div. A, title IV, Sec. 401], Nov. 29, 1999, 113
Stat. 1536, 1501A-445; Pub. L. 107-228, div. A, title II, Sec. 222,
Sept. 30, 2002, 116 Stat. 1367, authorized establishment of
educational and cultural exchange programs between United States
and people of Tibet and authorized scholarships for Tibetans and
Burmese.
Pub. L. 103-236, title II, Sec. 235, Apr. 30, 1994, 108 Stat.
425, authorized establishment and maintenance of American studies
collections at appropriate foreign university libraries to further
the study of the United States.
Pub. L. 103-236, title II, Sec. 236, Apr. 30, 1994, 108 Stat.
425, authorized establishment of educational and cultural exchange
programs between United States and Tibet.
Pub. L. 103-236, title II, Sec. 237, Apr. 30, 1994, 108 Stat.
426, established a scholarship program for East Timorese students
qualified to study in United States.
Pub. L. 103-236, title II, Sec. 238, Apr. 30, 1994, 108 Stat.
426, related to establishment and expansion of Cambodian
scholarship and exchange programs.
Pub. L. 103-236, title II, Sec. 239, Apr. 30, 1994, 108 Stat.
426, related to expansion of exchange program allocations to
Africa.
Pub. L. 103-236, title II, Sec. 240, Apr. 30, 1994, 108 Stat.
426, as amended by Pub. L. 105-244, title I, Sec. 102(a)(7)(A),
Oct. 7, 1998, 112 Stat. 1619, established a program to promote
academic exchanges in disciplines relevant to environment and
sustainable development.

Pub. L. 103-236, title II, Sec. 241, Apr. 30, 1994, 108 Stat.
427, authorized scholarships to qualified students from South
Pacific nations.
Pub. L. 103-236, title II, Sec. 242, Apr. 30, 1994, 108 Stat.
427, provided for international exchange programs involving
disability related matters.
Pub. L. 102-511, title VIII, Sec. 807, Oct. 24, 1992, 106 Stat.
3353, authorized exchange and training programs between United
States and independent states of former Soviet Union.
Pub. L. 102-138, title II, Sec. 210, Oct. 28, 1991, 105 Stat.
694, authorized grants to Claude and Mildred Pepper Scholarship
Program of the Washington Workshops Foundation to enable foreign
visiting students to observe workings and operations of democratic
form of government of United States.
Pub. L. 102-138, title II, Sec. 214, Oct. 28, 1991, 105 Stat.
696, established Israeli Arab Scholarship Fund within United States
Information Agency to finance attendance of Israeli Arabs at United
States institutions of higher education.
Pub. L. 102-138, title II, Sec. 225, Oct. 28, 1991, 105 Stat.
699, authorized establishment of an endowment fund to support an
exchange program among secondary school students from United States
and former Warsaw Pact countries, prior to repeal, eff. 6 months
after Oct. 24, 1992, by Pub. L. 102-511, title VIII, Sec. 807(c),
Oct. 24, 1992, 106 Stat. 3354.
Pub. L. 102-138, title II, Sec. 226, Oct. 28, 1991, 105 Stat.
699, authorized scholarships for foreign and United States students
and scholars awarded by Bureau of Educational and Cultural Affairs
of United States Information Agency to facilitate study, research,
and teaching within United States.
Pub. L. 102-138, title II, Sec. 227, Oct. 28, 1991, 105 Stat.
700, as amended by Pub. L. 102-511, title VIII, Sec. 801, Oct. 24,
1992, 106 Stat. 3352; Pub. L. 105-277, div. G, subdiv. B, title
XXIV, Sec. 2413, Oct. 21, 1998, 112 Stat. 2681-832, established
Muskie Fellowship Program to award scholarships to graduate
students from independent states of the former Soviet Union,
Lithuania, Latvia, and Estonia for study within United States.
Pub. L. 102-138, title II, Sec. 228, Oct. 28, 1991, 105 Stat.
702, as amended by Pub. L. 103-236, title II, Sec. 233, Apr. 30,
1994, 108 Stat. 424; Pub. L. 105-277, div. G, subdiv. B, title
XXII, Sec. 2219(a)(7), Oct. 21, 1998, 112 Stat. 2681-817,
authorized assistance to United States graduate and postdoctoral
students researching Near and Middle East.
Pub. L. 102-138, title II, Sec. 229, Oct. 28, 1991, 105 Stat.
702, authorized scholarships for Vietnamese residents qualified to
study in United States.
STUDY AND REPORT ON WAYS TO REDUCE THE DRAIN FROM DEVELOPING
COUNTRIES OF PROFESSIONAL PERSONS AND SKILLED SPECIALISTS
Pub. L. 89-698, title III, Sec. 301, Oct. 29, 1966, 80 Stat.
1072, authorized Secretary of Health, Education, and Welfare to
conduct an investigation to determine number of individuals from
developing countries who enter United States annually to further
their education and fail to return to their homeland and to report
to President and to Congress findings and conclusions together with
recommendations for any legislation deemed necessary to encourage
these individuals to return and use their education and training in
service of their homeland.

-EXECEXECUTIVE ORDER NO. 10716
Ex. Ord. No. 10716, June 18, 1957, 22 F.R. 4345, as amended
Ex. Ord. No. 10912, Jan. 19, 1961, 26 F.R. 509, which related
administration of programs under this chapter, was superseded
Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set out as a
under section 2454 of this title.

by
to
by
note

-FOOTNOTE(!1) So in original. The period probably should be a semicolon.
-End-

-CITE22 USC Sec. 2452a

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2452a. Exchange program with countries in transition from
totalitarianism to democracy
-STATUTE(a) Authorization of activities; grants or contracts for exchanges
with foreign countries
Pursuant to the Mutual Educational and Cultural Exchange Act of
1961 [22 U.S.C. 2451 et seq.] and using the authorities contained
therein, the President is authorized, when the President considers
that it would strengthen international cooperative relations, to
provide, by grant, contract, or otherwise, for exchanges with
countries that are in transition from totalitarianism to democracy,
which include, but are not limited to Poland, Hungary,
Czechoslovakia, Bulgaria, and Romania (1) by financing studies, research, instruction, and related
activities (A) of or for American citizens and nationals in foreign
countries; and
(B) of or for citizens and nationals of foreign countries in
American private businesses, trade associations, unions,
chambers of commerce, and local, State, and Federal Government
agencies, located in or outside the United States; and
(2) by financing visits and interchanges between the United
States and countries in transition from totalitarianism to
democracy.
The program under this section shall be coordinated by the
Department of State.
(b) Transfer of funds

The President is authorized to transfer to the appropriate
appropriations account of the Department of State such sums as the
President shall determine to be necessary out of the travel
accounts of the departments and agencies of the United States,
except for the Department of State, as the President shall
designate. Such transfers shall be subject to the approval of the
Committee on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate. In addition, the
President is authorized to accept such gifts or cost-sharing
arrangements as may be proffered to sustain the program under this
section.
-SOURCE(Pub. L. 101-610, title VI, Sec. 602, Nov. 16, 1990, 104 Stat.
3186; Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1335(c),
Oct. 21, 1998, 112 Stat. 2681-787.)
-REFTEXTREFERENCES IN TEXT
The Mutual Educational and Cultural Exchange Act of 1961,
referred to in subsec. (a), is Pub. L. 87-256, Sept. 21, 1961, 75
Stat. 527, as amended, which is classified principally to this
chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 2451 of this title and
Tables.
-CODCODIFICATION
Section was enacted as part of the National and Community Service
Act of 1990, and not as part of the Mutual Educational and Cultural
Exchange Act of 1961 which comprises this chapter.
-MISC1AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277, Sec. 1335(c)(1), substituted
"Department of State" for "United States Information Agency" before
period at end.
Subsec. (b). Pub. L. 105-277, Sec. 1335(c)(2), in first sentence,
substituted "appropriate appropriations account of the Department
of State" for "appropriations account of the United States
Information Agency" and struck out "and the United States
Information Agency" before ", as the President".
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section
1301 of Pub. L. 105-277, set out as an Effective Date note under
section 6531 of this title.
-End-

-CITE22 USC Sec. 2452b
-EXPCITE-

01/08/2008

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2452b. International expositions
-STATUTE(a) Limitation
Except as provided in subsection (b) of this section and
notwithstanding any other provision of law, the Department of State
may not obligate or expend any funds appropriated to the Department
of State for a United States pavilion or other major exhibit at any
international exposition or world's fair registered by the Bureau
of International Expositions in excess of amounts expressly
authorized and appropriated for such purpose.
(b) Exceptions
(1) In general
The Department of State is authorized to utilize its personnel
and resources to carry out the responsibilities of the Department
for the following:
(A) Administrative services, including legal and other advice
and contract administration, under section 2452(a)(3) of this
title related to United States participation in international
fairs and expositions abroad. Such administrative services may
not include capital expenses, operating expenses, or travel or
related expenses (other than such expenses as are associated
with the provision of administrative services by employees of
the Department of State).
(B) Activities under section 2455(f) of this title with
respect to encouraging foreign governments, international
organizations, and private individuals, firms, associations,
agencies and other groups to participate in international fairs
and expositions and to make contributions to be utilized for
United States participation in international fairs and
expositions.
(C) Encouraging private support of United States pavilions
and exhibits at international fairs and expositions.
(2) Statutory construction
Nothing in this subsection authorizes the use of funds
appropriated to the Department of State to make payments for (A) contracts, grants, or other agreements with any other
party to carry out the activities described in this subsection;
or
(B) the satisfaction of any legal claim or judgment or the
costs of litigation brought against the Department of State
arising from activities described in this subsection.
(c) Notification
No funds made available to the Department of State by any Federal
agency to be used for a United States pavilion or other major
exhibit at any international exposition or world's fair registered
by the Bureau of International Expositions may be obligated or
expended unless the appropriate congressional committees are
notified not less than 15 days prior to such obligation or
expenditure.
(d) Reports
The Commissioner General of a United States pavilion or other
major exhibit at any international exposition or world's fair

registered by the Bureau of International Expositions shall submit
to the Secretary of State and the appropriate congressional
committees a report concerning activities relating to such pavilion
or exhibit every 180 days while serving as Commissioner General and
shall submit a final report summarizing all such activities not
later than 1 year after the closure of the pavilion or exhibit.
-SOURCE(Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.
204], Nov. 29, 1999, 113 Stat. 1536, 1501A-420.)
-CODCODIFICATION
Section is comprised of section 1000(a)(7) [div. A, title II,
Sec. 204] of div. B of Pub. L. 106-113. Subsec. (e) of section 204
of title II of section 1000(a)(7) of Pub. L. 106-113 repealed
section 230 of Pub. L. 103-236 which was classified as a note under
section 2452 of this title.
Section was enacted as part of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001, and not as part of the Mutual Educational and Cultural
Exchange Act of 1961 which comprises this chapter.
-CROSSDEFINITIONS
In subsecs. (c) and (d), "appropriate congressional committees"
means the Committee on International Relations (now Committee on
Foreign Affairs) of the House of Representatives and the Committee
on Foreign Relations of the Senate, see section 1000(a)(7) [Sec.
3(1)] of Pub. L. 106-113, set out as a note under section 2651 of
this title.
-End-

-CITE22 USC Sec. 2452c

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2452c. Program to provide grants to American-sponsored schools
in predominantly Muslim countries to provide scholarships
-STATUTE(a) Findings
Congress makes the following findings:
(1) During the 2003-2004 school year, the Office of Overseas
Schools of the Department of State is financially assisting 189
elementary and secondary schools in foreign countries.
(2) United States-sponsored elementary and secondary schools
are located in more than 20 countries with predominantly Muslim
populations in the Near East, Africa, South Asia, Central Asia,
and East Asia.

(3) United States-sponsored elementary and secondary schools
provide an American-style education in English, with curricula
that typically include an emphasis on the development of critical
thinking and analytical skills.
(b) Statement of policy
The United States has an interest in increasing the level of
financial support provided to United States-sponsored elementary
and secondary schools in countries with predominantly Muslim
populations in order to (1) increase the number of students in such countries who
attend such schools;
(2) increase the number of young people who may thereby gain at
any early age an appreciation for the culture, society, and
history of the United States; and
(3) increase the number of young people who may thereby improve
their proficiency in the English language.
(c) Program
The Secretary of State, acting through the Director of the Office
of Overseas Schools of the Department of State, may conduct a
program to make grants to United States-sponsored elementary and
secondary schools in countries with predominantly Muslim
populations for the purpose of providing full or partial meritbased scholarships to students from lower-income and middle-income
families of such countries to attend such schools.
(d) Determination of eligible students
For purposes of the program, a United States-sponsored elementary
and secondary school that receives a grant under the program may
establish criteria to be implemented by such school to determine
what constitutes lower-income and middle-income families in the
country (or region of the country, if regional variations in income
levels in the country are significant) in which such school is
located.
(e) Restriction on use of funds
Amounts appropriated to the Secretary of State pursuant to the
authorization of appropriations in subsection (h) shall be used for
the sole purpose of making grants under this section, and may not
be used for the administration of the Office of Overseas Schools of
the Department of State or for any other activity of the Office.
(f) Voluntary participation
Nothing in this section shall be construed to require
participation in the program by a United States-sponsored
elementary or secondary school in a predominantly Muslim country.
(g) Report
Not later than April 15, 2006, and April 15, 2008, the Secretary
of State shall submit to the Committee on International Relations
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report on the program. The report shall
assess the success of the program, examine any obstacles
encountered in its implementation, and address whether it should be
continued, and if so, provide recommendations to increase its
effectiveness.
(h) Funding
There are authorized to be appropriated to the Secretary of State
for each of the fiscal years 2007 and 2008, unless otherwise
authorized by Congress, such sums as necessary to implement the
program under this section.

-SOURCE(Pub. L. 108-458, title VII, Sec. 7113, Dec. 17, 2004, 118 Stat.
3797; Pub. L. 110-53, title XX, Sec. 2014(b)(1), Aug. 3, 2007, 121
Stat. 512.)
-CODCODIFICATION
Section was formerly set out as a note under section 2452 of this
title.
Section was enacted as part of the Intelligence Reform and
Terrorism Prevention Act of 2004, and also as part of the 9/11
Commission Implementation Act of 2004, and not as part of the
Mutual Educational and Cultural Exchange Act of 1961 which
comprises this chapter.
-MISC1AMENDMENTS
2007 - Pub. L. 110-53, Sec. 2014(b)(1)(A), struck out "Pilot"
before "Program" in section catchline.
Subsec. (c). Pub. L. 110-53, Sec. 2014(b)(1)(B), struck out
"Pilot" before "Program" in heading and "pilot" before "program" in
text.
Subsecs. (d), (f). Pub. L. 110-53, Sec. 2014(b)(1)(C), (D),
struck out "pilot" before "program" wherever appearing.
Subsec. (g). Pub. L. 110-53, Sec. 2014(b)(1)(E), inserted "and
April 15, 2008," before "the Secretary" and struck out "pilot"
before "program".
Subsec. (h). Pub. L. 110-53, Sec. 2014(b)(1)(F), substituted
"2007 and 2008" for "2005 and 2006" and struck out "pilot" before
"program".
-CHANGECHANGE OF NAME
Committee on International Relations of House of Representatives
changed to Committee on Foreign Affairs of House of Representatives
by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5,
2007.
-MISC2FINDINGS
Pub. L. 110-53, title XX, Sec. 2014(a), Aug. 3, 2007, 121 Stat.
512, provided that: "Congress finds the following:
"(1) Section 7113 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 22 U.S.C. 2452 note
[now 22 U.S.C. 2452c]) authorized the establishment of a pilot
program to provide grants to American-sponsored schools in
predominantly Muslim countries so that such schools could provide
scholarships to young people from lower-income and middle-income
families in such countries to attend such schools, where they
could improve their English and be exposed to a modern education.
"(2) Since the date of the enactment of that section [Dec. 17,
2004], the Middle East Partnership Initiative has pursued
implementation of that program."
-End-

-CITE22 USC Sec. 2453

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2453. Agreements with foreign governments and international
organizations
-STATUTE(a) Authorization
The Director of the United States Information Agency is
authorized to enter into agreements with foreign governments and
international organizations, in furtherance of the purposes of this
chapter. In such agreements the Director of the United States
Information Agency is authorized, when he deems it in the public
interest, to seek the agreement of the other governments concerned
to cooperate and assist, including making use of funds placed in
special accounts pursuant to agreements concluded in accordance
with section 1513(b)(6) (!1) of this title, or any similar
agreements, in providing for the activities authorized in section
2452 of this title, and particularly those authorized in subsection
(a)(1) of said section 2452, with respect to the expenses of
international transportation of their own citizens and nationals
and of activities in furtherance of the purposes of this chapter
carried on within the borders of such other nations.
(b) Creation or continuation of binational or multinational
educational and cultural foundations and commissions
Such agreements may also provide for the creation or continuation
of binational or multinational educational and cultural foundations
and commissions for the purpose of administering programs in
furtherance of the purposes of this chapter.
(c) United States participation in programs
In such agreements with international organizations, the Director
of the United States Information Agency may provide for equitable
United States participation in and support for, including a
reasonable share of the cost of, educational and cultural programs
to be administered by such organizations.
-SOURCE(Pub. L. 87-256, Sec. 103, Sept. 21, 1961, 75 Stat. 529; 1977
Reorg. Plan No. 2, Sec. 7(a)(2), 42 F.R. 62461, 91 Stat. 1637; Pub.
L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291.)
-REFTEXTREFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (b), was in the
original "this Act", meaning Pub. L. 87-256, Sept. 21, 1961, 75
Stat. 527, as amended, known as the Mutual Educational and Cultural
Exchange Act of 1961. For complete classification of this Act to
the Code, see Short Title note set out under section 2451 of this

title and Tables.
Section 1513(b)(6) of this title, referred to in subsec. (a), was
repealed by act Aug. 26, 1954, ch. 937, title V, Sec. 542(a), 68
Stat. 861.
-TRANSTRANSFER OF FUNCTIONS
United States Information Agency (other than Broadcasting Board
of Governors and International Broadcasting Bureau) abolished and
functions transferred to Secretary of State, see sections 6531 and
6532 of this title. "Director of the United States Information
Agency" substituted for "Director of the International
Communication Agency" in subsecs. (a) and (c), pursuant to section
303(b) of Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat. 291,
set out as a note under section 1461 of this title. Previously,
"Director of the International Communication Agency" substituted
for "President" in subsecs. (a) and (c), pursuant to Reorg. Plan
No. 2 of 1977, Sec. 7(a)(2), 42 F.R. 62461, 91 Stat. 1637, set out
under section 1461 of this title, effective on or before July 1,
1978, at such time as specified by President, which transferred
functions vested in President, Secretary of State, Department of
State, United States Information Agency or Director thereof, under
this chapter, to Director of International Communication Agency,
except (A) for such functions as are vested by sections 2452(b)(6),
(10), 2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c), 2456(a)
and 2458 of this title, (B) for such functions as are vested by
sections 2454(b), 2455(d)(2), (f), and 2456(d), (f) of this title,
to the extent that such functions were assigned to Secretary of
Health, Education, and Welfare [now Secretary of Education]
immediately prior to effective date of Reorg. Plan No. 2 of 1977,
and (C) for such functions as are vested by section 2456(b), (c) of
this title to the extent that any such function therein is vested
in President or Secretary of State.
DELEGATION OF FUNCTIONS
Functions of President under this section delegated to Secretary
of State, see Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, set
out as a note under section 2454 of this title.
-FOOTNOTE(!1) See References in Text note below.
-End-

-CITE22 USC Sec. 2454

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2454. Administration

-STATUTE(a) Delegation of powers; submission of proposal for delegation to
Congress
The President may delegate, to such officers of the Government as
he determines to be appropriate, any of the powers conferred upon
him by this chapter to the extent that he finds such delegation to
be in the interest of the purposes expressed in this chapter and
the efficient administration of the programs undertaken pursuant to
this chapter: Provided, That where the President has delegated any
of such powers to any officer, before the President implements any
proposal for the delegation of any of such powers to another
officer, that proposal shall be submitted to the Speaker of the
House of Representatives and to the Committee on Foreign Relations
of the Senate, and thereafter a period of not less than sixty days
shall have elapsed while Congress is in session. In computing such
sixty days, there shall be excluded the days on which either House
is not in session because of an adjournment of more than three
days.
(b) Employment of personnel
The President is authorized to employ such other personnel as he
deems necessary to carry out the provisions and purposes of this
chapter, and of such personnel not to exceed ten may be compensated
without regard to the provisions of chapter 51 and subchapter III
of chapter 53 of title 5, but not in excess of the highest rate of
grade 18 of the General Schedule. Such positions shall be in
addition to the number authorized by section 5108 of title 5.
(c) Repealed. Pub. L. 96-465, title II, Sec. 2205(7), Oct. 17,
1980, 94 Stat. 2160
(d) Extension of benefits
For the purpose of performing functions under this chapter
outside the United States, the Director of the United States
Information Agency is authorized to provide that any person
employed or assigned by a United States Government agency shall be
entitled, except to the extent that the Director of the United
States Information Agency may specify otherwise in cases in which
the period of employment or assignment exceeds thirty months, to
the same benefits as are provided by section 3950 of this title for
individuals appointed to the Foreign Service.
(e) Grants; use of funds, counseling service; publicity and
promotion abroad
(1) In providing for the activities and interchanges authorized
by section 2452 of this title, grants may be made to or for
individuals, either directly or through foundations or educational
or other institutions, which foundations or institutions are public
or private nonprofit, and may include funds for tuition and other
necessary incidental expenses, for travel expenses from their
places of residence and return for themselves, and, whenever it
would further the purposes of this chapter, for the dependent
members of their immediate families, for health and accident
insurance premiums, emergency medical expenses, costs of preparing
and transporting to their former homes the remains of any of such
persons who may die while away from their homes as participants or
dependents of participants in any program under this chapter, and
for per diem in lieu of subsistence at rates prescribed by the
Director of the United States Information Agency, for all such
persons, and for such other expenses as are necessary for the

successful accomplishment of the purposes of this chapter.
(2) Funds available for programs under this chapter may be used
(i) to provide for orientation courses, language training, or other
appropriate services and materials for persons traveling out of the
countries of their residence for educational and cultural purposes
which further the purposes of this chapter, whether or not they are
receiving other financial support from the Government, and (ii) to
provide or continue services to increase the effectiveness of such
programs following the return of such persons to the countries of
their residence.
(3) For the purpose of assisting foreign students in making the
best use of their opportunities while attending colleges and
universities in the United States, and assisting such students in
directing their talents and initiative into channels which will
make them more effective leaders upon return to their native lands,
the Director of the United States Information Agency may make
suitable arrangements, by contract or otherwise, for the
establishment and maintenance at colleges and universities in the
United States attended by foreign students of an adequate
counseling service.
(4) The Director of the United States Information Agency is
authorized to provide for publicity and promotion (including
representation) abroad of activities of the type provided for in
this chapter, and of similar services and opportunities for
interchange not supported by the United States Government.
(f) Repealed. Pub. L. 96-60, title II, Sec. 203(a)(1), Aug. 15,
1979, 93 Stat. 398
(g) Currency exchange for foreign students and teachers coming
temporarily to the United States
(1) For the purpose of performing functions authorized by section
2452(b)(10) of this title, the President is authorized to establish
the exchange rates at which all foreign currencies may be acquired
through operations under such section, and shall issue regulations
binding upon all embassies with respect to the exchange rates to be
applicable in each of the respective countries where currency
exchanges are authorized under such section.
(2) In performing the functions authorized under section
2452(b)(10) of this title, the President shall make suitable
arrangements for protecting the interests of the United States
Government in connection with the ownership, use, and disposition
of all foreign currencies acquired pursuant to exchanges made under
such section.
(3) The total amount of United States dollars acquired by any
individual through currency exchanges under the authority of
section 2452(b)(10) of this title shall in no event exceed $3,000
during any academic year.
(4) An individual shall be eligible to exchange foreign currency
for United States dollars at United States embassies under section
2452(b)(10) of this title only if he gives satisfactory assurances
that (A) he will devote essentially full time to his proposed
educational activity in the United States and will maintain good
standing in relation to such program; (B) he will return to the
country of his citizenship or nationality prior to coming to the
United States and will render such public service as is determined
acceptable for a period of time determined reasonable and necessary
by the government of such country; and (C) he will not apply for an
immigrant visa or for permanent residence or for a nonimmigrant

visa under the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.] after having received any benefits under such section for a
period of time equal to the period of study, research, instruction,
or other educational activity he performed pursuant to such
section.
(5) As used in section 2452(b)(10) of this title, the term
"excess foreign currencies" means foreign currencies, which if
acquired by the United States (A) would be in excess of the normal
requirements of departments, agencies, and embassies of the United
States for such currencies, as determined by the President, and (B)
would be available for the use of the United States Government
under applicable agreements with the foreign country concerned.
-SOURCE(Pub. L. 87-256, Sec. 104, Sept. 21, 1961, 75 Stat. 529; Pub. L. 87793, Sec. 1001(j), Oct. 11, 1962, 76 Stat. 865; Pub. L. 89-698,
title II, Sec. 203(b), Oct. 29, 1966, 80 Stat. 1071; 1977 Reorg.
Plan No. 2, Sec. 7(a)(2), 42 F.R. 62461, 91 Stat. 1637; Pub. L. 95426, title II, Sec. 204(a), Oct. 7, 1978, 92 Stat. 973; Pub. L. 9660, title II, Sec. 203(a)(1), Aug. 15, 1979, 93 Stat. 398; Pub. L.
96-465, title II, Secs. 2205(7), 2206(a)(9), Oct. 17, 1980, 94
Stat. 2160, 2162; Pub. L. 97-241, title III, Sec. 303(b), Aug. 24,
1982, 96 Stat. 291; Pub. L. 103-236, title II, Sec. 231, Apr. 30,
1994, 108 Stat. 424.)
-REFTEXTREFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b), (d), (e)(1), (2),
(4), was in the original "this Act", meaning Pub. L. 87-256, Sept.
21, 1961, 75 Stat. 527, as amended, known as the Mutual Educational
and Cultural Exchange Act of 1961. For complete classification of
this Act to the Code, see Short Title note set out under section
2451 of this title and Tables.
The Immigration and Nationality Act, referred to in subsec.
(g)(4), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
which is classified principally to chapter 12 (Sec. 1101 et seq.)
of Title 8, Aliens and Nationality. For complete classification of
this Act to the Code, see Short Title note set out under section
1101 of Title 8 and Tables.
-CODCODIFICATION
In subsec. (b), "chapter 51 and subchapter III of chapter 53 of
title 5" and "section 5108 of title 5" substituted for "the
Classification Act of 1949, as amended" and "section 505 of the
Classification Act of 1949, as amended", respectively, on authority
of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees. In the original, section 1105 of title 5 read section
505 of the Classification Act of 1949, as amended.
-MISC1AMENDMENTS
1994 - Subsec. (e)(4). Pub. L. 103-236 inserted before period at
end ", and of similar services and opportunities for interchange
not supported by the United States Government".

1980 - Subsec. (c). Pub. L. 96-465, Sec. 2205(7), struck out
subsec. (c) which related to employment or assignment of persons in
or to Foreign Service Reserve or Foreign Service Staff and alien
clerks and employees.
Subsec. (d). Pub. L. 96-465, Sec. 2206(a)(9), among other
changes, substituted reference to section 3950 of this title for
reference to section 928 of this title and struck out provisions
relating to the applicability of section 807 of this title.
1979 - Subsec. (f). Pub. L. 96-60 struck out subsec. (f) relating
to investigation-of-employees requirement.
1978 - Subsec. (e)(1). Pub. L. 95-426 substituted "Director of
the International Communication Agency" for "President".
1966 - Subsec. (g). Pub. L. 89-698 added subsec. (g).
1962 - Subsec. (b). Pub. L. 87-793 substituted "but not in excess
of the highest rate of grade 18 of the General Schedule for "and of
these not to exceed five may be compensated at a rate in excess of
the highest rate provided for grades of the general schedule
established by the Classification Act of 1949, as amended, but not
in excess of $1,000 per annum more than such highest rate".
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as
an Effective Date note under section 3901 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section
209 of Pub. L. 96-60, set out as a note under section 1471 of this
title.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962, see section 1008 of
Pub. L. 87-793.
-TRANSTRANSFER OF FUNCTIONS
United States Information Agency (other than Broadcasting Board
of Governors and International Broadcasting Bureau) abolished and
functions transferred to Secretary of State, see sections 6531 and
6532 of this title. "Director of the United States Information
Agency" substituted for "Director of the International
Communication Agency" in subsecs. (d) and (e)(1), (3), and (4),
pursuant to section 303(b) of Pub. L. 97-241, title III, Aug. 24,
1982, 96 Stat. 291, set out as a note under section 1461 of this
title. Previously, "Director of the International Communication
Agency" substituted for "Secretary of State" in subsec. (c) and for
"President" in subsecs. (d), (e)(3), (4), pursuant to Reorg. Plan
No. 2 of 1977, Sec. 7(a)(2), 42 F.R. 62461, 91 Stat. 1637, set out
under section 1461 of this title, effective on or before July 1,
1978, at such time as specified by President, which transferred
functions vested in President, Secretary of State, Department of
State, United States Information Agency or Director thereof, under
this chapter, to Director of International Communication Agency,
except (A) for such functions as are vested by subsecs. (a),
(e)(1), (2), (f), (g) of this section, sections 2452(b)(6), (10),

2455(a), (b), (c), 2456(a) and 2458 of this title, (B) for such
functions as are vested by subsec. (b) of this section and sections
2455(d)(2), (f), and 2456(d), (f) of this title, to the extent that
such functions were assigned to Secretary of Health, Education, and
Welfare [now Secretary of Education] immediately prior to effective
date of Reorg. Plan No. 2 of 1977, and (C) for such functions as
are vested by section 2456(b), (c) of this title to the extent that
any such function therein is vested in President or Secretary of
State.
For transfer of functions and offices (relating to education) of
Secretary and Department of Health, Education, and Welfare to
Secretary and Department of Education, and termination of certain
offices and positions under Ex. Ord. No. 11034, June 25, 1962, as
amended, set out under this section, see sections 3441 and 3503 of
Title 20, Education.
-MISC2REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.
-EXECEX. ORD. NO. 11034. ADMINISTRATION OF PROGRAMS
Ex. Ord. No. 11034, June 25, 1962, 27 F.R. 6071, as amended by
Ex. Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627; Ex. Ord. No.
12292, Feb. 23, 1981, 46 F.R. 13967; Ex. Ord. No. 12608, Sept. 9,
1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by the Mutual Educational
and Cultural Exchange Act of 1961 (Public Law 87-256; 75 Stat. 527;
hereinafter referred to as the Act) [this chapter] and as President
of the United States, I find that the delegations set forth in this
order are in the interest of the purposes expressed in the said Act
and the efficient administration of the programs undertaken
pursuant to that Act and determine that the delegates specified in
the order are appropriate and I hereby order as follows:
Section 1. Department of State. (a) The following functions
conferred upon the President by the Act are hereby delegated to the
Secretary of State:
(1) The functions so conferred by Sections 102(a)(1),
102(a)(2)(i), (ii), and (iv), 102(b)(3), (5) and (9), 103,
104(e)(3), and 105(d)(1) and (e) of the Act [sections 2452(a)(1),
(2)(i), (ii), (iv), (b)(3), (5), (9), 2453, subsec. (e)(3) of this
section, and 2455(d)(1), (e) of this title].
(2) The functions so conferred by Sections 102(a)(2)(iii) and
(b)(1), (2), (4), (7) and (8) of the Act (the provisions of Section
2(a) of this order notwithstanding) [section 2452(a)(2)(iii),
(b)(1), (2), (4), (7), (8) of this title].
(3) The functions so conferred by Section 102(a)(3) of the Act
[section 2452(a)(3) of this title] to the extent that they pertain
to liquidation of affairs respecting the Universal and
International Exhibition of Brussels, 1958.

(4) The functions so conferred by Sections 104(d) and (e)(4) and
108(c) and (d) of the Act [subsecs. (d), (e)(4) of this section and
section 2458(c), (d) of this title] to the extent that they pertain
to the functions delegated by the foregoing provisions of this
section.
(5) The function so conferred by Section 104(e)(1) of the Act
[subsec. (e)(1) of this section] of prescribing rates for per diem
in lieu of subsistence; but in carrying out the said function as it
relates to functions herein delegated to the Director of the United
States Information Agency or the Secretary of Education, the
Secretary of State shall consult with them.
(b) The Secretary of State, in collaboration with the Director of
the United States Information Agency, the Secretary of Commerce,
and the Secretary of Education with respect to the functions
delegated by Sections 2, 3, and 4, respectively, of this order,
shall prepare and transmit to the President the reports which the
President is required to submit to the Congress by Section 108(b)
of the Act [section 2458(b) of this title], excluding, however, the
reports for which the Director of the United States Information
Agency is responsible under section 2(b) of this order.
(c) With respect to the carrying out of functions under Section
102(a)(2)(ii) of the Act [section 2452(a)(2)(ii) of this title]
hereinabove delegated to the Secretary of State, the Director of
the United States Information Agency shall participate in the
planning of cultural and other attractions. Such participation
shall include consultation in connection with (1) the selection and
scheduling of such attractions, and (2) the designation of the
areas where the attractions will be presented.
Sec. 2. United States Information Agency. (a) Subject to the
provisions of Section 6 of this order, the following functions
conferred upon the President by the Act are hereby delegated to the
Director of the United States Information Agency:
(1) The functions so conferred by Sections 102(a)(2)(iii) and
(b)(1) [section 2452(a)(2)(iii), (b)(1) of this title]; Section
102(b)(2) [section 2452(b)(2) of this title] to the extent that it
authorizes the type of centers now supported by the United States
Information Agency abroad and designated as binational, community,
or student centers; section 102(b)(4) [section 2452(b)(4) of this
title] exclusive of professorships and lectureships; and Sections
102(b)(7) and (8) of the Act [section 2452(b)(7), (8) of this
title]; all of the foregoing notwithstanding the provisions of
Section 1(a)(2) of this order.
(2) The functions so conferred by Section 104(e)(4) of the Act
[subsec. (e)(4) of this section] (the provisions of Sections
1(a)(4) and 3(b) of this order notwithstanding).
(3) The functions so conferred by Section 102(a)(3) of the Act
[section 2452(a)(3) of this title] to the extent that they are in
respect of fairs, expositions, and demonstrations held outside of
the United States, but exclusive of the functions delegated by the
provisions of Section 1(a)(3) of this order.
(4) The functions so conferred by Sections 104(d) and 108(c) and
(d) of the Act [subsec. (d) of this section and section 2458(c),
(d) of this title] to the extent that they pertain to the functions
delegated by the foregoing provisions of this section.
(b) The Director of the United States Information Agency shall
prepare and transmit to the President the reports which the
President is required to submit to the Congress by section 108(b)

of the Act [section 2458(b) of this title] to the extent that they
are with respect to activities carried out by the United States
Information Agency pursuant to section 102(a)(2)(iii) and section
102(a)(3) of the Act [section 2452(a)(2)(iii) and (a)(3) of this
title].
(c) The functions so conferred by Section 102(a)(3) of the Act
[section 2452(a)(3) of this title] to the extent that they are in
respect of fairs, expositions, and demonstrations held outside of
the United States, but exclusive of the functions delegated by the
provisions of Section 1(a)(3) of this order.
(d) The functions so conferred by Sections 104(d) and 108(c) and
(d) of the Act [subsec. (d) of this section and section 2458(c),
(d) of this title] to the extent that they pertain to the functions
delegated by the foregoing provisions of this section.
Sec. 3. Department of Commerce. Subject to the provisions of
Section 6 of this order, the following functions conferred upon the
President by the Act are hereby delegated to the Secretary of
Commerce:
(a) The functions so conferred by Section 102(a)(3) of the Act
[section 2452(a)(3) of this title] to the extent that they are in
respect of fairs, expositions, and demonstrations held in the
United States.
(b) The functions so conferred by Sections 104(e)(4) and 108(c)
of the act [subsec. (e)(4) of this section and section 2458(c) of
this title] to the extent that they pertain to the functions
delegated by the foregoing provisions of this section.
Sec. 4 Department of Education. Subject to the provisions of
Section 6 of this order, the functions conferred upon the President
by Section 102(b)(6) of the Act [section 2452(b)(6) of this title]
are hereby delegated to the Secretary of Education.
Sec. 5. Certain incidental matters. (a) In respect of functions
hereinabove delegated to them, there is hereby delegated to the
Secretary of State, the Director of the United States Information
Agency, the Secretary of Commerce, and the Secretary of Education,
respectively:
(1) The authority conferred upon the President by Sections
105(d)(2) and (f) and 106(d) and (f) of the Act [sections
2455(d)(2), (f) and 2456(d), (f) of this title].
(2) Subject to the provisions of Section 5(b) and (c) of this
order, the authority conferred upon the President by Section 104(b)
of the Act [subsec. (b) of this section] to employ personnel.
(b) The employment, by any department or other executive agency
under Section 5(a)(2) of this order, of any of the not to exceed
ten persons who may be compensated with regard to the
Classification Act of 1949 [chapter 51 and subchapter III of
chapter 53 of Title 5, Government Organization and Employees] under
Section 104(b) of the Act [subsec. (b) of this section] shall
require prior authorization by the Secretary of State concurred in
by the Director of the Office of Management and Budget.
(c) Persons employed or assigned by a department or other
executive agency for the purpose of performing functions under the
Act outside the United States shall be entitled, except in cases in
which the period of employment or assignment exceeds thirty months,
to the same benefits as are provided by section 310 of the Foreign
Service Act of 1980 (22 U.S.C. 3950). In cases in which the period
of employment or assignment exceeds thirty months, persons so
employed or assigned shall be entitled to such benefits if agreed

by the agency in which such benefits may be exercised.
(d) Pursuant to Section 104(f) of the Act [subsec. (f) of this
section], Executive Order No. 10450 of April 27, 1953 (18 F.R.
2489) [set out as a note under section 7311 of Title 5, Government
Organization and Employees] is hereby established as the standards
and procedures for the employment or assignment to duties of
persons under the Act.
(e) Any officer to whom functions vested in the President by the
Act are hereinabove delegated may (1) allocate to any other officer
of the executive branch of the Government any funds appropriated or
otherwise made available for the functions so delegated to him as
he may deem appropriate for the best carrying out of the functions
and (2) make available, for use in connection with any funds so
allocated by him, any authority he has under this order.
Sec. 6. Policy guidance. In order to assure appropriate
coordination of programs, and taking into account the statutory
functions of the departments and other executive agencies
concerned, the Secretary of State shall exercise primary
responsibility for Government-wide leadership and policy guidance
with regard to international educational and cultural affairs.
Sec. 7. Functions reserved to the President. (a) There are hereby
excluded from the functions delegated by the provisions of this
order the functions conferred upon the President with respect to
(1) the delegation of powers under Section 104(a) of the Act
[subsec. (a) of this section], (2) the establishment of standards
and procedures for the investigation of personnel under Section
104(f) of the Act [subsec. (f) of this section], (3) the transfer
of appropriations under Section 105(c) of the Act [section 2455(c)
of this title], (4) the appointment of members of the Board of
Foreign Scholarships under Section 106(a)(1) of the Act [section
2456(a)(1) of this title], (5) the appointment of members, the
designation of a chairman, and the receipt of recommendations of
the United States Advisory Commission on International Educational
and Cultural Affairs under Section 106(b) of the Act [section
2456(b) of this title], (6) the waiver of provisions of law or
limitations of authority under Section 108(a) of the Act [section
2458(a) of this title], and (7) the submission of annual reports to
the Congress under Section 108(b) of the Act [section 2458(b) of
this title].
(b) Notwithstanding the delegations made by this order, the
President may in his discretion exercise any function comprehended
by such delegations.
Sec. 8. Waivers. (a) It is hereby determined that the performance
by any department or other executive agency of functions authorized
by Sections 102(a)(2) and 102(a)(3) of the Act (22 U.S.C.
2452(a)(2) and (3)) without regard to prohibitions and limitations
of authority contained in the following-specified provisions of law
is in furtherance of the purposes of the Act:
(1) Section 15 of the Administrative Expenses Act of 1946 (c.
744, August 2, 1946; 60 Stat. 810), as amended (5 U.S.C. 55a)
[section 3109(b) of Title 5, Government Organization and Employees]
(experts and consultants; but the compensation paid individuals in
pursuance of this paragraph shall not exceed the rate of $100.00
per diem.
(2) Section 16(a) of the Administrative Expenses Act of 1946 (c.
744, August 2, 1946; 60 Stat. 810; 5 U.S.C. 78) [section 1343,
1344, and 1349(b) of Title 31, Money and Finance] to the extent

that it pertains to hiring automobiles and aircraft.
(3) Section 3648 of the Revised Statutes, as amended (31 U.S.C.
529) [section 3324(a) and (b) of Title 31] (advance of funds).
(4) Section 322 of the Act of June 30, 1932, c. 314, 47 Stat. 412
([former] 40 U.S.C. 278a) (maximum charges).
(5) Section 3709 of the Revised Statutes, as amended (41 U.S.C.
5) (competitive bids).
(6) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening
of bids).
(7) Section 2 of the Act of March 3, 1933, c. 212, 47 Stat. 1520
(41 U.S.C. 10a) (Buy American Act).
(8) Section 3735 of the Revised Statutes (41 U.S.C. 13)
(contracts limited to one year).
(9) Sections 302-305 of the Federal Property and Administrative
Services Act of 1949 (June 30, 1949, c. 288, 63 Stat. 393 et seq.),
as amended (41 U.S.C. 252-255) (competitive bids; negotiated
contracts; advances).
(10) Section 87 of the Act of January 12, 1895, c. 23, 28 Stat.
622, and the second proviso of Section 11 of the Act of March 1,
1919, c. 86, 40 Stat. 1270, as amended (44 U.S.C. 111) [section 501
of Title 44, Public Printing and Documents] to the extent that they
pertain to printing by the Government Printing Office.
(11) Section 1 of the Act of June 20, 1978, c. 359, 20 Stat. 216,
as amended (44 U.S.C. 322) [section 3703 of Title 44]
(advertising).
(12) Section 3828 of the Revised Statutes (44 U.S.C. 324)
[section 3702 of Title 44] (advertising).
(13) Section 901(a) of the Merchant Marine Act, 1936 (June 29,
1936, c. 858, 49 Stat. 2015, as amended; 46 U.S.C. [App.] 1241(a))
[now 46 U.S.C. 55302] (official travel overseas of United States
officers and employees, and transportation of their personal
effects, on ships registered under the laws of the United States).
(14) Any provision of law or limitation of authority to the
extent that such provision or limitation would limit or prohibit
construction of buildings by the United States on property not
owned by it.
(15) Any provision of law or limitation of authority to the
extent that such provision or limitation would limit or prohibit
(i) receipt of admission fees or payments under contracts through
advances or otherwise, for concessions, services, space, or other
consideration, and the credit of such receipts to the applicable
appropriation, and (ii) rental or lease for periods not exceeding
ten years of buildings and grounds.
(b) It is directed (1) that all waivers of statutes and
limitations of authority effected by the foregoing provisions of
this section shall be utilized in a prudent manner and as sparingly
as may be practical, and (2) that suitable steps shall be taken by
the administrative agencies concerned to insure that result,
including, as may be appropriate, the imposition of administrative
limitations in lieu of waived statutory requirements and
limitations of authority.
Sec. 9. Definition. As used in this order, the word "function" or
"functions" includes any duty, obligation, power, authority,
responsibility, right, privilege, discretion, or activity.
Sec. 10. References to orders and acts. Except as may for any
reason be inappropriate:
(a) References in this order to the Act or any provision of the

Act shall be deemed to include references thereto as amended from
time to time.
(b) References in this order to any prior Executive order not
superseded by this order shall be deemed to include references
thereto as amended from time to time.
(c) References in this order to this order shall be deemed to
include references thereto as amended from time to time.
Sec. 11. Prior directives and actions. (a) This order supersedes
Executive Order No. 10716 of June 17, 1957, and Executive Order No.
10912 of January 18, 1961. Except to the extent that they may be
inconsistent with law or with this order, other directives,
regulations, and actions relating to the functions delegated by
this order and in force immediately prior to the issuance of this
order shall remain in effect until amended, modified, or revoked by
appropriate authority.
(b) This order shall neither limit nor be limited by Executive
Order No. 11014 of April 17, 1962 [formerly set out under this
section].
(c) To the extent not heretofore superseded, there are hereby
superseded the provisions of the letters of the President to the
Director of the United States Information Agency dated August 16,
1955, and August 21, 1956 (22 F.R. 101-103).
Sec. 12. Effective date. The provisions of this order shall be
effective immediately.
[For abolition of United States Information Agency (other than
Broadcasting Board of Governors and International Broadcasting
Bureau), transfer of functions, and treatment of references
thereto, see sections 6531, 6532, and 6551 of this title.]
EX. ORD. NO. 11380. AMENDING PRIOR EXECUTIVE ORDERS RELATING TO
MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE AND TO ALLOWANCES AND
BENEFITS FOR GOVERNMENT PERSONNEL ON OVERSEAS DUTY
Ex. Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627, provided:
By virtue of the authority vested in me by the Mutual Educational
and Cultural Exchange Act of 1961 (75 Stat. 527; 22 U.S.C. 2451 et
seq.) and section 301 of title 3 of the United States Code, and as
President of the United States, it is ordered as follows:
PART I - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE
Section 101. Executive Order No. 11034 of June 25, 1962 [set out
as a note above], is hereby amended as follows:
(1) By changing the period at the end of section 1(b) to a comma
and by inserting after that comma the following: "excluding,
however, the reports for which the Director of the United States
Information Agency is responsible under section 2(b) of this
order.".
(2) By substituting for the paragraph designations (a), (b), (c),
and (d) in section 2 new paragraph designations (1), (2), (3), and
(4), respectively; by inserting the subsection designation (a)
after the catchline of section 2; and by adding a new subsection
(b) of section 2, reading as follows:
(b) The Director of the United States Information Agency shall
prepare and transmit to the President the reports which the
President is required to submit to the Congress by section 108(b)
of the Act [section 2458(b) of this title] to the extent that they
are with respect to activities carried out by the United States
Information Agency pursuant to section 102(a)(2)(iii) and section

102(a)(3) of the Act [section 2452(a)(2)(iii) and (a)(3) of this
title].
(3) By adding a new paragraph at the end of section 8(a), reading
as follows:
"(15) Any provision of law or limitation of authority to the
extent that such provision or limitation would limit or prohibit
(i) receipt of admission fees or payments under contracts through
advances or otherwise, for concessions, services, space, or other
consideration, and the credit of such receipts to the applicable
appropriation, and (ii) rental or lease for periods not exceeding
ten years of buildings and grounds."
(4) By adding a new paragraph at the end of section 10, reading
as follows:
"(c) References in this order to this order shall be deemed to
include references thereto as amended from time to time."
Sec. 2. It is hereby determined that the performance by any
department or other executive agency of functions authorized by
sections 102(a)(2) and 102(a)(3) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2452(a)(2) and (3))
without regard to the provisions and limitations referred to in
section (8)(a)(15) of Executive Order No. 11034 of June 25, 1962
(to the extent set forth in the latter section) is in furtherance
of the purposes of that Act.
PART II - APPROVAL OF CERTAIN REGULATIONS RELATING TO LIVING
QUARTERS
Sec. 201. Executive Order No. 10903 of January 9, 1961, as
amended [set out as a note under section 5921 of Title 5,
Government Organization and Employees], is hereby further amended
by inserting at the end of section 1 thereof a new paragraph (g),
reading as follows:
"(g) The authority vested in the President by section 5912 of
title 5 of the United States Code to approve regulations prescribed
by heads of agencies (under which employees who are citizens of the
United States permanently stationed in foreign countries may be
furnished, without cost to them, living quarters, including heat,
fuel, and light, in government-owned or rented buildings)."
Lyndon B. Johnson.
[For abolition of United States Information Agency (other than
Broadcasting Board of Governors and International Broadcasting
Bureau), transfer of functions, and treatment of references
thereto, see sections 6531, 6532, and 6551 of this title.]
EX. ORD. NO. 11770. DELEGATION OF FUNCTIONS RESPECTING
INTERNATIONAL SYMPOSIUM ON GEOTHERMAL ENERGY - 1975
Ex. Ord. No. 11770, Feb. 21, 1974, 39 F.R. 7127, provided:
By virtue of the authority vested in me by section 104 of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2454; hereinafter referred to as the act), and section 301 of Title
3 of the United States Code, and as President of the United States,
it is hereby ordered as follows:
Section 1. The Secretary of the Interior is authorized, with
respect to the International Symposium on Geothermal Energy to be
held in San Francisco, California, in May 1975, to perform the
functions conferred by section 102(b)(5), (7), and (8) of the act
[section 2452(b)(5), (7) and (8) of this title].

Sec. 2. I find that the delegation made by section 1 of this
order is in the interest of the purposes expressed in the act and
the efficient administration of the International Symposium on
Geothermal Energy.
Sec. 3. The delegation made by this order shall become effective
upon the expiration of sixty days while the Congress is in session.
In computing that sixty days, there shall be excluded days on which
either House is not in session because of an adjournment of more
than three days.
Richard Nixon.
-End-

-CITE22 USC Sec. 2455

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2455. Appropriations
-STATUTE(a) Availability
Amounts appropriated to carry out the purposes of this chapter
are authorized to be made available until expended.
(b) Acquisition of foreign currencies
Funds appropriated for programs under this chapter may, without
regard to section 3651 (!1) of the Revised Statutes (31 U.S.C.
543), be used for the acquisition from any source of foreign
currencies in such amounts as may be necessary for current
expenditures and for grants, including grants to foundations and
commissions in accordance with international agreements providing
for the accomplishment of the purposes of this chapter.
(c) Transfer of funds
Moneys appropriated to any department or agency of the Government
in furtherance of the purposes of this chapter for research,
technical aid, and educational and cultural programs, may be
transferred by the President to any other appropriation available
for like purposes, but no appropriation authorized by this chapter
shall be increased or decreased by more than 10 per centum by
reason of transfers pursuant to this subsection.
(d) Reserve and use of certain funds
The President is authorized (1) to reserve in such amounts and for such periods as he shall
determine to be necessary to provide for the programs authorized
by subsections (a)(1), (2)(i) of section 2452 of this title, and
(2) notwithstanding the provisions of any other law, to use in
such amounts as may from time to time be specified in
appropriation Acts, to the extent that such use is not restricted
by agreement with the foreign nations concerned, for any programs
authorized by this chapter,

any currencies of foreign nations received or to be received by the
United States or any agency thereof (i) under agreements disposing of surplus property or settling
lend-lease and other war accounts concluded after World War II;
(ii) as the proceeds of sales or loan repayments, including
interest, for transactions heretofore or hereafter effected under
the Agricultural Trade Development and Assistance Act of 1954, as
amended [7 U.S.C. 1691 et seq.];
(iii) in repayment of principal or interest on any other credit
extended or loan heretofore or hereafter made by the United
States or any agency thereof; or
(iv) as deposits to the account of the United States pursuant
to section 1513(b)(6) (!1) or section 1513(h) (!1) of this title,
or any similar provision of any other law.
(e) Reservation and use of sums due or paid by the Republic of
Finland
The Director of the United States Information Agency is further
authorized to reserve and use for educational and cultural exchange
programs and other activities authorized in subsections (a) and (b)
of section 2452 of this title, in relation to Finland and the
people of Finland, all sums due or paid on and after August 24,
1949, by the Republic of Finland to the United States as interest
on or in retirement of the principal of the debt incurred under the
Act of February 25, 1919, as refunded by the agreement dated May 1,
1923, pursuant to the authority contained in the Act of February 9,
1922, or of any other indebtedness incurred by that Republic and
owing to the United States as a result of World War I.
(f) Contribution of funds, property, and services by foreign
governments, international organizations, and private
individuals, firms, associations, and agencies
Foreign governments, international organizations and private
individuals, firms, associations, agencies, and other groups shall
be encouraged to participate to the maximum extent feasible in
carrying out this chapter and to make contributions of funds,
property, and services which the President is authorized to accept,
to be utilized to carry out the purposes of this chapter. Funds
made available for the purposes of this chapter may be used to
contribute toward meeting the expenses of activities carried out
through normal private channels, by private means, and through
foreign governments and international organizations.
(g) Currency exchanges
Notwithstanding any other provision of this chapter, there are
authorized to be appropriated for the purposes of making currency
exchanges under section 2452(b)(10) of this title, not to exceed
$10,000,000 for the fiscal year ending June 30, 1968, and not to
exceed $15,000,000 for the fiscal year ending June 30, 1969.
-SOURCE(Pub. L. 87-256, Sec. 105, Sept. 21, 1961, 75 Stat. 531; Pub. L. 89698, title II, Sec. 203(c), Oct. 29, 1966, 80 Stat. 1072; 1977
Reorg. Plan No. 2, Sec. 7(a)(2), 42 F.R. 62461, 91 Stat. 1637; Pub.
L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291;
Pub. L. 103-236, title II, Sec. 227, Apr. 30, 1994, 108 Stat. 423.)
-REFTEXTREFERENCES IN TEXT
This chapter, referred to in subsecs. (a) to (d), (f), and (g),

was in the original "this Act", meaning Pub. L. 87-256, Sept. 21,
1961, 75 Stat. 527, as amended, known as the Mutual Educational and
Cultural Exchange Act of 1961. For complete classification of this
Act to the Code, see Short Title note set out under section 2451 of
this title and Tables.
Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to
in subsec. (b), was repealed by Pub. L. 97-258, Sec. 5(b), Sept.
13, 1982, 96 Stat. 1068, the first section of which enacted Title
31, Money and Finance.
The Agricultural Trade Development and Assistance Act of 1954, as
amended, referred to in subsec. (d)(2)(ii), is act July 10, 1954,
ch. 469, 68 Stat. 454, as amended, which is classified principally
to chapter 41 (Sec. 1691 et seq.) of Title 7, Agriculture. For
complete classification of this Act to the Code, see Short Title
note set out under section 1691 of Title 7 and Tables.
Sections 1513(b)(6) and 1513(h) of this title, referred to in
subsec. (d)(2)(iv), were repealed by act Aug. 26, 1954, ch. 937,
title V, Sec. 542(a), 68 Stat. 861.
The acts of February 25, 1919, and February 9, 1922, referred to
in subsec. (e), are not classified to the Code.
-MISC1AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-236 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows:
"Appropriations to carry out the purposes of this chapter, to
remain available until expended, are authorized, and this
authorization includes the authority to grant, in any appropriation
Act, the authority to enter into contracts, within the amounts so
authorized, creating obligations in advance of appropriations."
1966 - Subsec. (g). Pub. L. 89-698 added subsec. (g).
-TRANSTRANSFER OF FUNCTIONS
United States Information Agency (other than Broadcasting Board
of Governors and International Broadcasting Bureau) abolished and
functions transferred to Secretary of State, see sections 6531 and
6532 of this title. "Director of the United States Information
Agency" substituted for "Director of the International
Communication Agency" in subsec. (e), pursuant to section 303(b) of
Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as
a note under section 1461 of this title. Previously, "Director of
the International Communication Agency" substituted for "President"
in subsec. (e), pursuant to Reorg. Plan No. 2 of 1977, Sec.
7(a)(2), 42 F.R. 62461, 91 Stat. 1637, set out under section 1461
of this title, effective on or before July 1, 1978, at such time as
specified by President, which transferred functions vested in
President, Secretary of State, Department of State, United States
Information Agency or Director thereof, under this chapter, to
Director of International Communication Agency, except (A) for such
functions as are vested by subsecs. (a), (b), and (c) of this
section, sections 2452(b)(6), (10), 2454(a), (e)(1), (2), (f), (g),
2456(a) and 2458 of this title, (B) for such functions as are
vested by subsecs. (d)(2) and (f) of this section, sections 2454(b)
and 2456(d), (f) of this title, to the extent that such functions

were assigned to Secretary of Health, Education, and Welfare [now
Secretary of Education] immediately prior to effective date of
Reorg. Plan No. 2 of 1977, and (C) for such functions as are vested
by section 2456(b), (c) of this title to the extent that any such
function therein is vested in President or Secretary of State.
DELEGATION OF FUNCTIONS
Functions of President under this section delegated to Secretary
of State, Director of United States Information Agency, Secretary
of Commerce, and Secretary of Education, see Ex. Ord. No. 11034,
June 25, 1962, 27 F.R. 6071, set out as a note under section 2454
of this title.
-MISC2INCREASE IN GRANTS FOR EXCHANGE-OF-PERSONS ACTIVITIES; FUNDS FOR
SPECIFIC PROGRAMS, REDUCTIONS, OTHER USE OF FUNDS, REPORT TO
CONGRESSIONAL COMMITTEES
Pub. L. 97-241, title III, Sec. 305(c), (d), Aug. 24, 1982, 96
Stat. 294, provided that the amount obligated by United States
Information Agency each fiscal year for grants for exchange-ofpersons activities should be increased, through regular annual
increases, so that by fiscal year 1986 the amount obligated for
such grants would at least double (in terms of constant dollars)
the amount obligated for such grants for fiscal year 1982 and in
furtherance of this purpose provided for appropriations for the
United States Information Agency for fiscal year 1983.
-FOOTNOTE(!1) See References in Text note below.
-End-

-CITE22 USC Sec. 2456

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2456. J. William Fulbright Foreign Scholarship Board
-STATUTE(a) Appointment; members; considerations for selection
(1) For the purpose of selecting students, scholars, teachers,
trainees, and other persons to participate in the programs
authorized under section 2452(a)(1) of this title, and of
supervising such programs and the programs authorized under section
2452(b)(4) and (6) of this title, there is continued the authority
of the President to appoint a board of foreign scholarships which
shall be known as the "J. William Fulbright Foreign Scholarship
Board" (hereinafter referred to as the "Board") consisting of
twelve members. In connection with appointments to such Board, due

consideration shall be given to the selection of distinguished
representatives of cultural, educational, student advisory, and war
veterans groups, and representatives of the United States
Department of Education, the United States Department of Veterans
Affairs, public and private nonprofit educational institutions.
(2) In the selection of American citizens for participation in
programs under this chapter, 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.
(b) Omitted
(c) Repealed. Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.
1336(2), Oct. 21, 1998, 112 Stat. 2681-790
(d) Creation of interagency and other advisory committees;
conferences of persons
The President is authorized to create such interagency and other
advisory committees as in his judgment may be of assistance in
carrying out the purposes of this chapter, and from time to time to
convene conferences of persons interested in educational and
cultural affairs to consider matters relating to the purposes of
this chapter.
(e) Availability of appropriations for expenses; transportation
expenses and per diem; compensation of members of Board and
Committees
The provisions of section 1346(b) of title 31 shall be applicable
to any interagency committee created pursuant to the provisions of
this chapter. Members of the committees provided for in this
section shall be entitled (i) to transportation expenses and per
diem in lieu of subsistence at the rate prescribed by or
established pursuant to section 5703 of title 5 while away from
home in connection with attendance at meetings or in consultation
with officials of the Government or otherwise carrying out duties
as authorized, and (ii) if not otherwise in the employ of the
United States Government, to compensation at rates not in excess of
$50 per diem while performing services for such committees. Members
of the Board shall be entitled to such expenses and per diem in
lieu of subsistence as provided for under clause (i) of the
preceding sentence and, while performing services for the Board, to
compensation at a rate, prescribed by the Director of the United
States Information Agency, not in excess of the daily rate for the
first step of GS-15 of the General Schedule under section 5332 of
title 5.
(f) Secretarial and staff assistance
The President is authorized to provide for necessary secretarial
and staff assistance for the Board and such committees as may be
created under this section.
-SOURCE(Pub. L. 87-256, Sec. 106, Sept. 21, 1961, 75 Stat. 532; 1977
Reorg. Plan No. 2, Secs. 8(b), 9(a)(3), (6), 42 F.R. 62461, 91
Stat. 1638, 1639; Pub. L. 96-60, title II, Sec. 205(a), Aug. 15,
1979, 93 Stat. 401; Pub. L. 96-88, title III, Sec. 301(b)(2), title
V, Sec. 507, Oct. 17, 1979, 93 Stat. 678, 692; Pub. L. 97-241,
title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 101246, title II, Sec. 204(a)(1), Feb. 16, 1990, 104 Stat. 49; Pub.
L. 102-54, Sec. 13(h)(1), June 13, 1991, 105 Stat. 275; Pub. L. 105277, div. G, subdiv. A, title XIII, Sec. 1336(2), Oct. 21, 1998,

112 Stat. 2681-790.)
-REFTEXTREFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (d), and (e), was in
the original "this Act", meaning Pub. L. 87-256, Sept. 21, 1961, 75
Stat. 527, as amended, known as the Mutual Educational and Cultural
Exchange Act of 1961. For complete classification of this Act to
the Code, see Short Title note set out under section 2451 of this
title and Tables.
-CODCODIFICATION
Subsec. (b), which established the United States Advisory
Commission on International Educational and Cultural Affairs to
replace the United States Advisory Commission on Educational
Exchange, and provided for its functions and the appointment and
terms of its members, and the provisions of subsecs. (e) and (f)
referring to the "Commission", were omitted pursuant to Reorg. Plan
No. 2 of 1977, Sec. 9(a)(3), 42 F.R. 62461, 91 Stat. 1639, set out
under section 1461 of this title, which abolished that Commission
effective on or before July 1, 1978, at such time as specified by
the President.
In subsec. (e), "section 1346(b) of title 31" substituted for
"section 214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C.
691)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
In subsec. (e), "section 5703 of title 5" substituted for
"section 5 of the Administrative Expense Act of 1946, as amended (5
U.S.C. 73b-2)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,
1966, 80 Stat. 631, the first section of which enacted Title 5,
Government Organization and Employees.
-MISC1AMENDMENTS
1998 - Subsec. (c). Pub. L. 105-277 repealed subsec. (c), which
related to the continuation of the Advisory Committee on the Arts
and the appointment, qualifications, and terms of office of its
members.
1991 - Subsec. (a)(1). Pub. L. 102-54 substituted "Department of
Veterans Affairs" for "Veterans' Administration".
1990 - Subsec. (a)(1). Pub. L. 101-246 substituted "board of
foreign scholarships which shall be known as the 'J. William
Fulbright Foreign Scholarship Board' " for "Board of Foreign
Scholarships".
1979 - Subsec. (e). Pub. L. 96-60 struck from second sentence
"the Board," before "the Commission" and from cl. (ii) thereof
"such Board," before "Commission" and provided for entitlement of
members of the Board to expenses and per diem in lieu of
subsistence and to compensation for services not exceeding a daily
rate for first step, GS-15 of General Schedule.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section
1301 of Pub. L. 105-277, set out as an Effective Date note under

section 6531 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Section 205(b) of Pub. L. 96-60 provided that: "The amendments
made by subsection (a) [to subsec. (e) of this section] shall take
effect on October 1, 1979."
-TRANSTRANSFER OF FUNCTIONS
"Department of Education" substituted for "Office of Education"
in subsec. (a), pursuant to sections 301(b)(2) and 507 of Pub. L.
96-88, which are classified to sections 3441(b)(2) and 3507 of
Title 20, Education, and which transferred the Office of Education
to the Department of Education.
"Director of the United States Information Agency" substituted
for "Director of the International Communication Agency" in subsec.
(e), pursuant to section 303(b) of Pub. L. 97-241, title III, Aug.
24, 1982, 96 Stat. 291, set out as a note under section 1461 of
this title. United States Information Agency (other than
Broadcasting Board of Governors and International Broadcasting
Bureau) abolished and functions transferred to Secretary of State,
see sections 6531 and 6532 of this title.
Functions vested in President, Secretary of State, Department of
State, United States Information Agency or Director thereof under
this chapter transferred to Director of International Communication
Agency by section 7(a)(2) of Reorg. Plan No. 2 of 1977, set out
under section 1461 of this title, effective on or before July 1,
1978, at such time as specified by President, except (A) for such
functions as are vested by subsec. (a) of this section, sections
2452(b)(6), (10), 2454(a), (e)(1), (2), (f), (g), 2455(a), (b), (c)
and 2458 of this title, (B) for such functions as are vested by
subsecs. (d) and (f) of this section, sections 2454(b) and
2455(d)(2), (f) of this title, to extent that such functions were
assigned to Secretary of Health, Education, and Welfare [now
Secretary of Education] immediately prior to effective date of
Reorg. Plan No. 2 of 1977, and (C) for such functions as are vested
by subsecs. (b) and (c) of this section to extent that any function
therein is vested in President or Secretary of State.
DELEGATION OF FUNCTIONS
Functions of President under this section delegated to Secretary
of State, Director of United States Information Agency, Secretary
of Commerce, and Secretary of Education, see Ex. Ord. No. 11034,
June 25, 1962, 27 F.R. 6071, set out as a note under section 2454
of this title.
-MISC2TERMINATION OF ADVISORY COMMISSIONS AND COMMITTEES
Advisory commissions or committees in existence on Jan. 5, 1973,
to terminate not later than the expiration of the 2-year period
following Jan. 5, 1973, unless, in the case of a commission or
committee established by the President or an officer of the Federal
Government, such commission or committee is renewed by appropriate
action prior to the expiration of such 2-year period, or in the
case of a commission or committee established by the Congress, its

duration is otherwise provided for by law. See sections 3(2) and 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
Appendix to Title 5, Government Organization and Employees.
CONTINUED SERVICE OF BOARD MEMBERS
Section 204(b) of Pub. L. 101-246 provided that: "Each member
appointed to the Board of Foreign Scholarships before the date of
the enactment of this Act [Feb. 16, 1990] shall continue to serve
for the remainder of the term to which each such member was
appointed."
REFERENCES TO BOARD OF FOREIGN SCHOLARSHIPS
Section 204(c) of Pub. L. 101-246 provided that: "Any reference
in any provision of law to the Board of Foreign Scholarships shall,
on and after the date of enactment of this Act [Feb. 16, 1990], be
deemed to be a reference to the J. William Fulbright Foreign
Scholarship Board."
-End-

-CITE22 USC Sec. 2457

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2457. Reports by Board
-STATUTEThe Board shall submit annual reports to the Congress and such
other reports to the Congress as it deems appropriate, and shall
make reports to the public in the United States and abroad to
develop a better understanding of and support for the programs
authorized by this chapter.
-SOURCE(Pub. L. 87-256, Sec. 107, Sept. 21, 1961, 75 Stat. 534; 1977
Reorg. Plan No. 2, Sec. 9(a)(3), (6), 42 F.R. 62461, 91 Stat.
1639.)
-REFTEXTREFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527, as
amended, known as the Mutual Educational and Cultural Exchange Act
of 1961. For complete classification of this Act to the Code, see
Short Title note set out under section 2451 of this title and
Tables.
-CODCODIFICATION
Provisions relating to the submission of reports to Congress by
the United States Advisory Commission on International Educational

and Cultural Affairs [which replaced the United States Advisory
Commission on Educational Exchange], and the Advisory Committee on
the Arts, were omitted pursuant to Reorg. Plan No. 2 of 1977, Sec.
9(a)(3), (6), 42 F.R. 62461, 91 Stat. 1639, set out under section
1461 of this title, which abolished the Commission and the
Committee effective on or before July 1, 1978, at such time as
specified by the President.
-MISC1TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in this
section relating to submitting annual reports to Congress, see
section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance, and page 155 of House
Document No. 103-7.
TERMINATION OF ADVISORY COMMISSIONS AND COMMITTEES
Advisory commissions or committees in existence on Jan. 5, 1973,
to terminate not later than the expiration of the 2-year period
following Jan. 5, 1973, unless, in the case of a commission or
committee established by the President or an officer of the Federal
Government, such commission or committee is renewed by appropriate
action prior to the expiration of such 2-year period, or in the
case of a commission or committee established by the Congress, its
duration is otherwise provided for by law. See sections 3(2) and 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
Appendix to Title 5, Government Organization and Employees.
-End-

-CITE22 USC Sec. 2458

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2458. Authority of President
-STATUTE(a) Performance of certain functions without regard to other laws;
appropriation credits upon reimbursement for services in
connection with exchange activities
(1) Whenever the President determines it to be in furtherance of
this chapter, the functions authorized in section 2452(a)(2) and
(3) of this title may be performed without regard to such
provisions of law or limitations of authority regulating or
relating to the making, performance, amendment, or modification of
contracts, the acquisition and disposition of property, and the
expenditure of Government funds, as he may specify.
(2) Notwithstanding any other provision of law, the Director of
the United States Information Agency may provide, on a reimbursable
basis, services within the United States in connection with

exchange activities otherwise authorized by this chapter when such
services are requested by a department or executive agency.
Reimbursements under this paragraph shall be credited to the
applicable appropriation of the Agency.
(b) Periodic reports of activities and expenditures
The President shall submit periodic reports to the Congress of
activities carried on and expenditures made in furtherance of the
purposes of this chapter and of the United States Information and
Educational Exchange Act of 1948, as amended [22 U.S.C. 1431 et
seq.].
(c) Expenditures in selection, purchase, rental, construction, or
other acquisition of exhibits and materials and equipment
therefor
In connection with activities authorized by section 2452(a)(2)
and (3) of this title, the President is authorized to provide for
all necessary expenditures involved in the selection, purchase,
rental, construction, or other acquisition of exhibits and
materials and equipment therefor, and the actual display thereof,
including but not limited to costs of transportation, insurance,
installation, safekeeping and storage, maintenance and operation,
rental of space, and dismantling.
(d) Utilization of provisions of other laws
The President is authorized to utilize the provisions of title
VIII of the United States Information and Educational Exchange Act
of 1948, as amended [22 U.S.C. 1471 et seq.], to the extent he
deems necessary in carrying out the provisions and purposes of this
chapter.
-SOURCE(Pub. L. 87-256, Sec. 108, Sept. 21, 1961, 75 Stat. 534; Pub. L. 9660, title II, Sec. 203(d), Aug. 15, 1979, 93 Stat. 399; Pub. L. 96470, title II, Sec. 212(a), Oct. 19, 1980, 94 Stat. 2246; Pub. L.
97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291.)
-REFTEXTREFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b), and (d), was in
the original "this Act", meaning Pub. L. 87-256, Sept. 21, 1961, 75
Stat. 527, as amended, known as the Mutual Educational and Cultural
Exchange Act of 1961. For complete classification of this Act to
the Code, see Short Title note set out under section 2451 of this
title and Tables.
The United States Information and Educational Exchange Act of
1948, as amended, referred to in subsecs. (b) and (d), is act Jan.
27, 1948, ch. 36, 62 Stat. 6, as amended, which is classified
generally to chapter 18 (Sec. 1431 et seq.) of this title. Title
VIII of the Act, referred to in subsec. (d), is classified
generally to subchapter VII (Sec. 1471 et seq.) of chapter 18 of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 1431 of this title and
Tables.
-MISC1AMENDMENTS
1980 - Subsec. (b). Pub. L. 96-470 substituted provision
requiring periodic reports on activities and expenditures made

under this chapter and the United States Information and
Educational Exchange Act of 1948 for provision requiring an annual
report be made on activities and expenditures under this chapter.
1979 - Subsec. (a). Pub. L. 96-60 designated existing provisions
as par. (1) and added par. (2).
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section
209 of Pub. L. 96-60, set out as a note under section 1471 of this
title.
-TRANSTRANSFER OF FUNCTIONS
United States Information Agency (other than Broadcasting Board
of Governors and International Broadcasting Bureau) abolished and
functions transferred to Secretary of State, see sections 6531 and
6532 of this title.
"Director of the United States Information Agency" substituted
for "Director of the International Communication Agency" in subsec.
(a)(2), pursuant to section 303(b) of Pub. L. 97-241, title III,
Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461
of this title.
Functions vested in President, Secretary of State, Department of
State, United States Information Agency or Director thereof under
this chapter transferred to Director of International Communication
Agency by Reorg. Plan No. 2 of 1977, Sec. 7(a)(2), 42 F.R. 62461,
91 Stat. 1637, set out under section 1461 of this title, effective
on or before July 1, 1978, at such time as specified by President,
except (A) for such functions as are vested by this section, and
sections 2452(b)(6), (10), 2454(a), (e)(1), (2), (f), (g), 2455(a),
(b), (c), 2456(a) of this title, (B) for such functions as are
vested by sections 2454(b), 2455(d)(2), (f), and 2456(d), (f) of
this title, to the extent that such functions were assigned to
Secretary of Health, Education, and Welfare [now Secretary of
Education] immediately prior to effective date of Reorg. Plan No. 2
of 1977, and (C) for such functions as are vested by section
2456(b), (c) of this title to the extent that any such function
therein is vested in President or Secretary of State.
DELEGATION OF FUNCTIONS
Functions of President under this section delegated to Secretary
of State, Director of United States Information Agency, and
Secretary of Commerce, see Ex. Ord. No. 11034, June 25, 1962, 27
F.R. 6071, set out as a note under section 2454 of this title.
-MISC2SOVIET NATIONALS PARTICIPATING IN EXCHANGE PROGRAMS; TOPICS AND
LOCATION OF STUDY; NATIONAL SECURITY INTERESTS; REPORT TO CONGRESS
Pub. L. 97-241, title I, Sec. 126(c), Aug. 24, 1982, 96 Stat.
282, directed Secretary of State to submit annually to Congress a
list of Soviet nationals participating during the upcoming academic
year in the United States-Union of Soviet Socialist Republics
graduate student/young faculty exchange or in the United StatesUnion of Soviet Socialist Republics senior scholar exchange, their
topics of study, and where they were to study, such report to also

include a determination by Secretary of State, in consultation with
heads of other agencies involved in these exchange programs, that
these exchange programs would not jeopardize United States national
security interests, prior to repeal by Pub. L. 103-199, title III,
Sec. 306, Dec. 17, 1993, 107 Stat. 2324.
-End-

-CITE22 USC Sec. 2458a

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2458a. Federal employee participation in cultural exchange
programs
-STATUTE(a) Grants and other foreign government assistance; family or
household expense assistance prohibited; "Federal employee"
defined
(1) Congress consents to the acceptance by a Federal employee of
grants and other forms of assistance provided by a foreign
government to facilitate the participation of such Federal employee
in a cultural exchange (A) which is of the type described in section 2452(a)(2)(i) of
this title,
(B) which is conducted for a purpose comparable to the purpose
stated in section 2451 of this title, and
(C) which is specifically approved by the Secretary of State
for purposes of this section;
but the Congress does not consent to the acceptance by any Federal
employee of any portion of any such grant or other form of
assistance which provides assistance with respect to any expenses
incurred by or for any member of the family or household of such
Federal employee.
(2) For purposes of this section, the term "Federal employee"
means any employee as defined in subparagraphs (A) through (F) of
section 7342(a)(1) of title 5, but does not include a person
described in subparagraph (G) of such section.
(b) Foreign grants and other assistance not gifts for purposes of
section 7342 of title 5
The grants and other forms of assistance with respect to which
the consent of Congress is given in subsection (a) of this section
shall not constitute gifts for purposes of section 7342 of title 5.
(c) Regulations
The Secretary of State is authorized to promulgate regulations
for purposes of this section.
-SOURCE(Pub. L. 87-256, Sec. 108A, as added Pub. L. 94-350, title I, Sec.
111, July 12, 1976, 90 Stat. 825; amended Pub. L. 96-60, title II,

Sec. 204(d), Aug. 15, 1979, 93 Stat. 400.)
-MISC1AMENDMENTS
1979 - Subsec. (a)(2). Pub. L. 96-60 substituted "(F)" for "(E)"
and "(G)" for "(F)".
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section
209 of Pub. L. 96-60, set out as a note under section 1471 of this
title.
-End-

-CITE22 USC Sec. 2459

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2459. Immunity from seizure under judicial process of cultural
objects imported for temporary exhibition or display
-STATUTE(a) Agreements; Presidential determination; publication in Federal
Register
Whenever any work of art or other object of cultural significance
is imported into the United States from any foreign country,
pursuant to an agreement entered into between the foreign owner or
custodian thereof and the United States or one or more cultural or
educational institutions within the United States providing for the
temporary exhibition or display thereof within the United States at
any cultural exhibition, assembly, activity, or festival
administered, operated, or sponsored, without profit, by any such
cultural or educational institution, no court of the United States,
any State, the District of Columbia, or any territory or possession
of the United States may issue or enforce any judicial process, or
enter any judgment, decree, or order, for the purpose or having the
effect of depriving such institution, or any carrier engaged in
transporting such work or object within the United States, of
custody or control of such object if before the importation of such
object the President or his designee has determined that such
object is of cultural significance and that the temporary
exhibition or display thereof within the United States is in the
national interest, and a notice to that effect has been published
in the Federal Register.
(b) Intervention of United States attorney in pending judicial
proceedings
If in any judicial proceeding in any such court any such process,
judgment, decree, or order is sought, issued, or entered, the
United States attorney for the judicial district within which such
proceeding is pending shall be entitled as of right to intervene as

a party to that proceeding, and upon request made by either the
institution adversely affected, or upon direction by the Attorney
General if the United States is adversely affected, shall apply to
such court for the denial, quashing, or vacating thereof.
(c) Enforcement of agreements and obligations of carriers under
transportation contracts
Nothing contained in this section shall preclude (1) any judicial
action for or in aid of the enforcement of the terms of any such
agreement or the enforcement of the obligation of any carrier under
any contract for the transportation of any such object of cultural
significance; or (2) the institution or prosecution by or on behalf
of any such institution or the United States of any action for or
in aid of the fulfillment of any obligation assumed by such
institution or the United States pursuant to any such agreement.
-SOURCE(Pub. L. 89-259, Oct. 19, 1965, 79 Stat. 985.)
-CODCODIFICATION
Section was not enacted as a part of the Mutual Educational and
Cultural Exchange Act of 1961, which comprises this chapter.
-EXECEXECUTIVE
Ex. Ord. No. 11312, Oct. 14,
to the delegation of functions
revoked by Ex. Ord. No. 12047,
out below.

ORDER NO. 11312
1966, 31 F.R. 13415, which related
to the Secretary of State, was
Mar. 27, 1978, 43 F.R. 13359, set

EX. ORD. NO. 12047. IMPORTED OBJECTS OF CULTURAL SIGNIFICANCE
Ex. Ord. No. 12047, Mar. 27, 1978, 43 F.R. 13359, as amended by
Ex. Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245, provided:
By virtue of the authority vested in me by the Act of October 19,
1965, entitled "An Act to render immune from seizure under judicial
process certain objects of cultural significance imported into the
United States for temporary display or exhibition, and for other
purposes" (79 Stat. 985, 22 U.S.C. 2459), and as President of the
United States of America, it is hereby ordered as follows:
Section 1. The Director of the United States Information Agency
is designated and empowered to perform the functions conferred upon
the President by the above-mentioned Act and shall be deemed to be
authorized, without the approval, ratification, or other action of
the President, (1) to determine that any work of art or other
object to be imported into the United States within the meaning of
the Act is of cultural significance, (2) to determine that the
temporary exhibition or display of any such work of art or other
object in the United States is in the national interest, and (3) to
cause public notices of the determinations referred to above to be
published in the Federal Register.
Sec. 2. The Director of the United States Information Agency, in
carrying out this Order, shall consult with the Secretary of State
with respect to the determination of national interest, and may
consult with the Secretary of the Smithsonian Institution, the
Director of the National Gallery of Art, and with such other
officers and agencies of the Government as may be appropriate, with

respect to the determination of cultural significance.
Sec. 3. The Director of the United States Information Agency is
authorized to delegate within the Agency the functions conferred
upon him by this Order.
Sec. 4. Executive Order No. 11312 of October 14, 1966 is revoked.
Sec. 5. Any order, regulation, determination or other action
which was in effect pursuant to the provisions of Executive Order
No. 11312 shall remain in effect until changed pursuant to the
authority provided in this Order.
Sec. 6. This Order shall be effective on April 1, 1978.
[For abolition of United States Information Agency (other than
Broadcasting Board of Governors and International Broadcasting
Bureau), transfer of functions, and treatment of references
thereto, see sections 6531, 6532, and 6551 of this title.]
-End-

-CITE22 USC Sec. 2460

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2460. Bureau of Educational and Cultural Affairs
-STATUTE(a) Establishment; responsibilities
In order to carry out the purposes of this chapter, there is
established in the United States Information Agency, or in such
appropriate agency of the United States as the President shall
determine, a Bureau of Educational and Cultural Affairs
(hereinafter in this section referred to as the "Bureau"). The
Bureau shall be responsible for managing, coordinating, and
overseeing programs established pursuant to this chapter, including
but not limited to (1) the J. William Fulbright Educational Exchange Program
which, by promoting the exchange of scholars, researchers,
students, trainees, teachers, instructors, and professors,
between the United States and foreign countries, accomplishes the
purposes of section 2452(a)(1) of this title;
(2) the Hubert H. Humphrey Fellowship Program which finances
(A) study at American universities and institutions of higher
learning, including study in degree granting programs, and (B)
participation in fellowships, internships, or other programs in
American governmental and nongovernmental institutions for public
managers and other individuals from developing countries;
(3) the International Visitors Program which provides grants
for short-term visits to the United States for foreign nationals
who are, or have the potential to be, leaders in their respective
fields in their own countries;
(4) the American Cultural Centers and Libraries which make
available at selected foreign locations, books, films, sound
recordings, and other materials about the United States, its

people and culture, and about other topics;
(5) the American Overseas Schools Program which provides
financial assistance to the operations of American-sponsored
schools overseas;
(6) the American Studies Program which fosters and supports the
study of the United States, and its people and culture, in
foreign countries;
(7) a program of working with private, not-for-profit groups
through contracts, grants, or cooperative agreements, as
authorized by section 2452 of this title, so as to provide
financial assistance to nongovernmental organizations engaged in
implementing and enhancing exchange-of-persons programs;
(8) the Samantha Smith Memorial Exchange Program which advances
understanding between the United States and the independent
states of the former Soviet Union and between the United States
and Eastern European countries through the exchange of persons
under the age of 21 years and of students at an institution of
higher education (as defined in section 1001 of title 20) who
have not received their initial baccalaureate degree or through
other programs designed to promote contact between the young
peoples of the United States, the independent states of the
former Soviet Union, and Eastern European countries; and
(9) the Arts America program which promotes a greater
appreciation and understanding of American art abroad by
supporting exhibitions and tours by American artists in other
countries.
(b) Revocation or diminution of grants
(1) All recipients of Fulbright Academic Exchange and Humphrey
Fellowship awards shall have full academic and artistic freedom,
including freedom to write, publish, and create. No award granted
pursuant to this chapter may be revoked or diminished on account of
the political views expressed by the recipient or on account of any
scholarly or artistic activity that would be subject to the
protections of academic and artistic freedom normally observed in
universities in the United States. The Board shall ensure that the
academic and artistic freedoms of all persons receiving grants are
protected.
(2) The J. William Fulbright Foreign Scholarship Board shall
formulate a policy on revocation of Fulbright grants which shall be
made known to all grantees. Such policy shall fully protect the
right to due process as well as the academic and artistic freedom
of all grantees.
(c) Program requirements
The President shall insure that all programs under the authority
of the Bureau shall maintain their nonpolitical character and shall
be balanced and representative of the diversity of American
political, social, and cultural life. The President shall insure
that academic and cultural programs under the authority of the
Bureau shall maintain their scholarly integrity and shall meet the
highest standards of academic excellence or artistic achievement.
(d) Administration of programs
(1) The Bureau shall administer no programs except those
operating under the authority of this chapter and consistent with
its purposes.
(2) Notwithstanding paragraph (1), the Bureau may also exercise
the authorities of this chapter to administer programs authorized
by, or funded pursuant to, the FREEDOM Support Act, the Support for

East European Democracy Act [22 U.S.C. 5401 et seq.], the Foreign
Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or any other Act
authorizing educational or cultural exchanges or activities, to the
extent that such programs are consistent with the purposes of this
chapter.
(e) Office of Citizen Exchanges
There is established in the Bureau of Educational and Cultural
Affairs an Office of Citizen Exchanges. The Office shall support
private not-for-profit organizations engaged in the exchange of
persons between the United States and other countries.
(f) Coordination of exchange programs; reports
(1) The President shall ensure that all exchange programs
conducted by the United States Government, its departments and
agencies, directly or through agreements with other parties, are
reported at a time and in a format prescribed by the Director. The
President shall ensure that such exchanges are consistent with
United States foreign policy and avoid duplication of effort.
(2) Not later than 90 days after April 30, 1994, and annually
thereafter, the President shall submit to the Speaker of the House
of Representatives and the Chairman of the Committee on Foreign
Relations of the Senate a report pursuant to paragraph (1). Such
report shall include information for each exchange program
supported by the United States on the objectives of such exchange,
the number of exchange participants supported, the types of
exchange activities conducted, the total amount of Federal
expenditures for such exchanges, and the extent to which such
exchanges are duplicative.
(g) Working Group on United States Government-Sponsored
International Exchanges and Training
(1) In order to carry out the purposes of subsection (f) of this
section and to improve the coordination, efficiency, and
effectiveness of United States Government-sponsored international
exchanges and training, there is established within the Department
of State a senior-level interagency working group to be known as
the Working Group on United States Government-Sponsored
International Exchanges and Training (in this section referred to
as the "Working Group").
(2) For purposes of this subsection, the term "Governmentsponsored international exchanges and training" means the movement
of people between countries to promote the sharing of ideas, to
develop skills, and to foster mutual understanding and cooperation,
financed wholly or in part, directly or indirectly, with United
States Government funds.
(3) The Working Group shall be composed as follows:
(A) The Assistant Secretary of State for Educational and
Cultural Affairs, who shall act as Chair.
(B) A senior representative of the Department of Defense, who
shall be designated by the Secretary of Defense.
(C) A senior representative of the Department of Education, who
shall be designated by the Secretary of Education.
(D) A senior representative of the Department of Justice, who
shall be designated by the Attorney General.
(E) A senior representative of the Agency for International
Development, who shall be designated by the Administrator of the
Agency.
(F) Senior representatives of such other departments and
agencies as the Chair determines to be appropriate.

(4) Representatives of the National Security Adviser and the
Director of the Office of Management and Budget may participate in
the Working Group at the discretion of the Adviser and the
Director, respectively.
(5) The Working Group shall be supported by an interagency staff
office established in the Bureau of Educational and Cultural
Affairs of the Department of State.
(6) The Working Group shall have the following purposes and
responsibilities:
(A) To collect, analyze, and report data provided by all United
States Government departments and agencies conducting
international exchanges and training programs.
(B) To promote greater understanding and cooperation among
concerned United States Government departments and agencies of
common issues and challenges in conducting international
exchanges and training programs, including through the
establishment of a clearinghouse for information on international
exchange and training activities in the governmental and
nongovernmental sectors.
(C) In order to achieve the most efficient and cost-effective
use of Federal resources, to identify administrative and
programmatic duplication and overlap of activities by the various
United States Government departments and agencies involved in
Government-sponsored international exchange and training
programs, to identify how each Government-sponsored international
exchange and training program promotes United States foreign
policy, and to report thereon.
(D)(i) Not later than 1 year after October 21, 1998, the
Working Group shall develop a coordinated and cost-effective
strategy for all United States Government-sponsored international
exchange and training programs, including an action plan with the
objective of achieving a minimum of 10 percent cost savings
through greater efficiency, the consolidation of programs, or the
elimination of duplication, or any combination thereof.
(ii) Not later than 1 year after October 21, 1998, the Working
Group shall submit a report to the appropriate congressional
committees setting forth the strategy and action plan required by
clause (i).
(iii) Each year thereafter the Working Group shall assess the
strategy and plan required by clause (i).
(E) Not later than 2 years after October 21, 1998, to develop
recommendations on common performance measures for all United
States Government-sponsored international exchange and training
programs, and to issue a report.
(F) To conduct a survey of private sector international
exchange activities and develop strategies for expanding public
and private partnerships in, and leveraging private sector
support for, United States Government-sponsored international
exchange and training activities.
(G) Not later than 6 months after October 21, 1998, to report
on the feasibility and advisability of transferring funds and
program management for the ATLAS or the Mandela Fellows programs,
or both, in South Africa from the Agency for International
Development to the Department of State. The report shall include
an assessment of the capabilities of the South African Fulbright
Commission to manage such programs and the cost effects of

consolidating such programs under one entity.
(7) All reports prepared by the Working Group shall be submitted
to the President, through the Secretary of State, acting through
the Under Secretary of State for Public Diplomacy.
(8) The Working Group shall meet at least on a quarterly basis.
(9) All decisions of the Working Group shall be by majority vote
of the members present and voting.
(10) The members of the Working Group shall serve without
additional compensation for their service on the Working Group. Any
expenses incurred by a member of the Working Group in connection
with service on the Working Group shall be compensated by that
member's department or agency.
(11) With respect to any report issued under paragraph (6), a
member may submit dissenting views to be submitted as part of the
report of the Working Group.
-SOURCE(Pub. L. 87-256, Sec. 112, as added Pub. L. 98-164, title II, Sec.
213, Nov. 22, 1983, 97 Stat. 1034; amended Pub. L. 100-204, title
III, Secs. 302(a), 303, Dec. 22, 1987, 101 Stat. 1378, 1379; Pub.
L. 101-246, title II, Secs. 204(a)(2), 222(a), 223, Feb. 16, 1990,
104 Stat. 50, 55, 56; Pub. L. 103-199, title III, Sec. 301(1), Dec.
17, 1993, 107 Stat. 2322; Pub. L. 103-236, title II, Sec. 229(a),
Apr. 30, 1994, 108 Stat. 423; Pub. L. 105-244, title I, Sec.
102(a)(7)(B), Oct. 7, 1998, 112 Stat. 1619; Pub. L. 105-277, div.
G, subdiv. B, title XXIV, Sec. 2414, Oct. 21, 1998, 112 Stat. 2681832; Pub. L. 107-228, div. A, title II, Secs. 221, 229, Sept. 30,
2002, 116 Stat. 1367, 1371.)
-REFTEXTREFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b)(1), and (d), was
in the original "this Act", meaning Pub. L. 87-256, Sept. 21, 1961,
75 Stat. 527, as amended, known as the Mutual Educational and
Cultural Exchange Act of 1961. For complete classification of this
Act to the Code, see Short Title note set out under section 2451 of
this title and Tables.
The FREEDOM Support Act, referred to in subsec. (d)(2), is Pub.
L. 102-511, Oct. 24, 1992, 106 Stat. 3320, as amended, also known
as the Freedom for Russia and Emerging Eurasian Democracies and
Open Markets Support Act of 1992. For complete classification of
this Act to the Code, see Short Title note set out under section
5801 of this title and Tables.
The Support for East European Democracy Act, referred to in
subsec. (d)(2), probably means the Support for East European
Democracy (SEED) Act of 1989, Pub. L. 101-179, Nov. 28, 1989, 103
Stat. 1298, as amended, which is classified principally to chapter
63 (Sec. 5401 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
5401 of this title and Tables.
The Foreign Assistance Act of 1961, referred to in subsec.
(d)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
which is classified principally to chapter 32 (Sec. 2151 et seq.)
of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 2151 of this title and
Tables.

-MISC1AMENDMENTS
2002 - Subsec. (d). Pub. L. 107-228, Sec. 221, designated
existing provisions as par. (1) and added par. (2).
Subsec. (g)(1). Pub. L. 107-228, Sec. 229(1), substituted
"Department of State" for "United States Information Agency".
Subsec. (g)(3)(A). Pub. L. 107-228, Sec. 229(2)(A), substituted
"Assistant Secretary of State for Educational and Cultural Affairs"
for "Associate Director for Educational and Cultural Affairs of the
United States Information Agency".
Subsec. (g)(3)(B) to (G). Pub. L. 107-228, Sec. 229(2)(B), (C),
redesignated subpars. (C) to (G) as (B) to (F), respectively, and
struck out former subpar. (B) which read as follows: "A senior
representative of the Department of State, who shall be designated
by the Secretary of State."
Subsec. (g)(5). Pub. L. 107-228, Sec. 229(3), substituted
"Department of State" for "United States Information Agency".
Subsec. (g)(6)(G). Pub. L. 107-228, Sec. 229(4), substituted
"Department of State" for "United States Information Agency".
Subsec. (g)(7). Pub. L. 107-228, Sec. 229(5), substituted
"Secretary of State, acting through the Under Secretary of State
for Public Diplomacy" for "Director of the United States
Information Agency".
1998 - Subsec. (a)(8). Pub. L. 105-244 substituted "section 1001"
for "section 1141(a)".
Subsec. (g). Pub. L. 105-277 added subsec. (g).
1994 - Subsec. (f). Pub. L. 103-236 added subsec. (f).
1993 - Subsec. (a)(8). Pub. L. 103-199 substituted "independent
states of the former Soviet Union" for "Soviet Union" in two
places.
1990 - Subsec. (a)(8). Pub. L. 101-246, Sec. 223, inserted "or
through other programs designed to promote contact between the
young peoples of the United States, the Soviet Union, and Eastern
European countries" after "degree".
Subsecs. (b) to (d). Pub. L. 101-246, Sec. 204(a)(2), added
subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and
(d), respectively.
Subsec. (e). Pub. L. 101-246, Sec. 222(a), added subsec. (e).
1987 - Subsec. (a)(8), (9). Pub. L. 100-204 added pars. (8) and
(9).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105244, set out as a note under section 1001 of Title 20, Education.
-TRANSTRANSFER OF FUNCTIONS
United States Information Agency (other than Broadcasting Board
of Governors and International Broadcasting Bureau) abolished and
functions transferred to Secretary of State, see sections 6531 and
6532 of this title.
Section 222(b) of Pub. L. 101-246 provided that: "There are
hereby transferred to the Office of Citizen Exchanges on the date

of enactment of this Act [Feb. 16, 1990] all functions carried out
by the Office of Private Sector Programs on the day before such
date."
-MISC2PRIVATE SECTOR PROGRAM; RESTRICTIONS ON FUNDS FOR FOREIGN TRAVEL;
WAIVER; REPORTS
Section 207 of Pub. L. 98-164, as amended by Pub. L. 103-236,
title I, Sec. 139(11), Apr. 30, 1994, 108 Stat. 398, provided that:
"(a) No funds authorized to be appropriated for the Private
Sector Program shall be used to pay for foreign travel by any
United States citizen who, in the five years preceding the date of
the proposed foreign travel, made two or more trips financed in
whole or in substantial part by grants from the Private Sector
Program. This limitation shall not apply to escort interpreters
accompanying delegations, to artists accompanying exhibitions, to
persons engaging in theatrical or musical performances, or to the
full-time staff of the grantee organization. In addition, the
Director of the Bureau of Educational and Cultural Affairs may
waive this limitation in exceptional cases if he determines that
foreign travel is essential to the successful completion of the
grant program and so certifies in writing to the Speaker of the
House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate at least fifteen days prior to the
commencement of the proposed foreign travel.
"[(b) Repealed. Pub. L. 103-236, title I, Sec. 139(11), Apr. 30,
1994, 108 Stat. 398.]"
-EXECEX. ORD. NO. 13055. COORDINATION OF UNITED STATES GOVERNMENT
INTERNATIONAL EXCHANGES AND TRAINING PROGRAMS
Ex. Ord. No. 13055, July 15, 1997, 62 F.R. 39099, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
improve the coordination of United States Government International
Exchanges and Training Programs, it is hereby ordered as follows:
Section 1. There is hereby established within the United States
Information Agency a senior-level Interagency Working Group on
United States Government-Sponsored International Exchanges and
Training ("the Working Group"). The purpose of the Working Group is
to recommend to the President measures for improving the
coordination, efficiency, and effectiveness of United States
Government-sponsored international exchanges and training. The
Working Group shall establish a clearinghouse to improve data
collection and analysis of international exchanges and training.
Sec. 2. The term "Government-sponsored international exchanges
and training" shall mean the movement of people between countries
to promote the sharing of ideas, to develop skills, and to foster
mutual understanding and cooperation, financed wholly or in part,
directly or indirectly, with United States Government funds.
Sec. 3. The Working Group shall consist of the Associate Director
for Educational and Cultural Affairs of the United States
Information Agency, who shall act as Chair, and a comparable senior
representative appointed by the respective Secretary of each of the
Departments of State, Defense, Education, and the Attorney General,

by the Administrator of the United States Agency for International
Development, and by heads of other interested executive departments
and agencies. In addition, representatives of the National Security
Council and the Director of the Office of Management and Budget
shall participate in the Working Group at their discretion. The
Working Group shall be supported by an interagency staff office
established in the Bureau of Education and Cultural Affairs of the
United States Information Agency.
Sec. 4. The Working Group shall have the following
responsibilities:
(a) Collect, analyze, and report data provided by all United
States Government departments and agencies conducting international
exchanges and training programs;
(b) Promote greater understanding of and cooperation on, among
concerned United States Government departments and agencies, common
issues and challenges faced in conducting international exchanges
and training programs, including through the establishment of a
clearinghouse for information on international exchange and
training activities in the governmental and nongovernmental
sectors;
(c) In order to achieve the most efficient and cost-effective use
of Federal resources, identify administrative and programmatic
duplication and overlap of activities by the various United States
Government agencies involved in Government-sponsored international
exchange and training programs, and report thereon;
(d) No later than 1 year from the date of this order, develop
initially and thereafter assess annually a coordinated strategy for
all United States Government-sponsored international exchange and
training programs, and issue a report on such strategy;
(e) No later than 2 years from the date of this order, develop
recommendations on performance measures for all United States
Government-sponsored international exchange and training programs,
and issue a report thereon; and
(f) Develop strategies for expanding public and private
partnerships in, and leveraging private sector support for, United
States Government-sponsored international exchange and training
activities.
Sec. 5. All reports prepared by the Working Group pursuant to
section 4 shall be made to the President, through the Director of
the United States Information Agency.
Sec. 6. The Working Group shall meet on at least a quarterly
basis.
Sec. 7. Any expenses incurred by a member of the Working Group in
connection with such member's service on the Working Group shall be
borne by the member's respective department or agency.
Sec. 8. If any member of the Working Group disagrees with respect
to any matter in any report prepared pursuant to section 4, such
member may prepare a statement setting forth the reasons for such
disagreement and such statement shall be appended to, and
considered a part of, the report.
Sec. 9. Nothing in this Executive order is intended to alter the
authorities and responsibilities of the head of any department or
agency.
William J. Clinton.
[For abolition of United States Information Agency (other than
Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references
thereto, see sections 6531, 6532, and 6551 of this title.]
-CROSSDEFINITIONS
In subsec. (a)(8), independent states of the former Soviet Union
has the meaning given in section 5801 of this title, see section 3
of Pub. L. 103-199, set out as a note under section 5801 of this
title.
-End-

-CITE22 USC Sec. 2461

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2461. Exchanges between United States and independent states
of the former Soviet Union
-STATUTE(a) Financing of exchanges with repayments on Lend-Lease debts
The President is authorized to negotiate and implement agreements
with the independent states of the former Soviet Union under which
repayments made by the independent states on Lend-Lease debts to
the United States would be used to finance the exchange of persons
between the United States and the independent states for
educational, cultural, and artistic purposes. Exchanges authorized
pursuant to this section shall be administered subject to the
provisions of this chapter. Part of the funds repaid to the United
States shall be in convertible currency for the purpose of paying
the expenses associated with study and other exchange activities in
the United States by citizens of the independent states.
(b) Limitation on availability of funds
Funds made available for the purposes of this section shall be
available only to the extent and in the amounts provided for in an
appropriation Act.
-SOURCE(Pub. L. 87-256, Sec. 113, as added Pub. L. 101-246, title II, Sec.
224, Feb. 16, 1990, 104 Stat. 56; amended Pub. L. 103-199, title
III, Sec. 301(2), Dec. 17, 1993, 107 Stat. 2322.)
-REFTEXTREFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original
"this Act", meaning Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527,
as amended, known as the Mutual Educational and Cultural Exchange
Act of 1961. For complete classification of this Act to the Code,
see Short Title note set out under section 2451 of this title and
Tables.

-MISC1AMENDMENTS
1993 - Pub. L. 103-199, Sec. 301(2)(A), substituted "Exchanges
between United States and independent states of the former Soviet
Union" for "United States-Soviet exchanges" in section catchline.
Subsec. (a). Pub. L. 103-199, Sec. 301(2)(B)-(E), substituted
"agreements with the independent states of the former Soviet Union"
for "an agreement with the Union of Soviet Socialist Republics",
"made by the independent states" for "made by the Soviet Union",
"and the independent states" for "and the Soviet Union", and "in
the United States by citizens of the independent states" for "by
Soviet citizens in the United States".
-CROSSDEFINITIONS
In subsec. (a), independent states of the former Soviet Union and
independent states have the meanings given in section 5801 of this
title, see section 3 of Pub. L. 103-199, set out as a note under
section 5801 of this title.
-End-

-CITE22 USC Sec. 2462

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2462. Establishment of grant program for foreign study by
American college students of limited financial means
-STATUTE(a) Establishment
Subject to the availability of appropriations and under the
authorities of the Mutual Educational and Cultural Exchange Act of
1961 [22 U.S.C. 2451 et seq.], the Secretary of State shall
establish and carry out a program in each fiscal year to award
grants of up to $5,000, to individuals who meet the requirements of
subsection (b) of this section, toward the cost of up to one
academic year of undergraduate study abroad. Grants under this Act
shall be known as the "Benjamin A. Gilman International
Scholarships".
(b) Eligibility
An individual referred to in subsection (a) of this section is an
individual who (1) is a student in good standing at an institution of higher
education in the United States (as defined in section 101(a) of
the Higher Education Act of 1965 [20 U.S.C. 1001(a)]);
(2) has been accepted for up to one academic year of study on a
program of study abroad approved for credit by the student's home
institution;
(3) is receiving any need-based student assistance under title

IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.,
42 U.S.C. 2751 et seq.]; and
(4) is a citizen or national of the United States.
(c) Application and selection
(1) Grant application and selection shall be carried out through
accredited institutions of higher education in the United States or
a combination of such institutions under such procedures as are
established by the Secretary of State.
(2) In considering applications for grants under this section (A) consideration of financial need shall include the increased
costs of study abroad; and
(B) priority consideration shall be given to applicants who are
receiving Federal Pell Grants under title IV of the Higher
Education Act of 1965 [20 U.S.C. 1070 et seq., 42 U.S.C. 2751 et
seq.].
-SOURCE(Pub. L. 106-309, title III, Sec. 303, Oct. 17, 2000, 114 Stat.
1095.)
-REFTEXTREFERENCES IN TEXT
The Mutual Educational and Cultural Exchange Act of 1961,
referred to in subsec. (a), is Pub. L. 87-256, Sept. 21, 1961, 75
Stat. 527, as amended, which is classified principally to this
chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 2451 of this title and
Tables.
This Act, referred to in subsec. (a), probably means title III of
Pub. L. 106-309, Oct. 17, 2000, 114 Stat. 1094, known as the
International Academic Opportunity Act of 2000, which enacted this
section and provisions set out as notes under this section. For
complete classification of this Act to the Code, see Tables.
The Higher Education Act of 1965, referred to in subsecs. (b)(3)
and (c)(2)(B), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as
amended. Title IV of the Act is classified generally to subchapter
IV (Sec. 1070 et seq.) of chapter 28 of Title 20, Education, and
part C (Sec. 2751 et seq.) of subchapter I of chapter 34 of Title
42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section
1001 of Title 20 and Tables.
-CODCODIFICATION
Section was enacted as part of the International Academic
Opportunity Act of 2000, and also as part of the Microenterprise
for Self-Reliance and International Anti-Corruption Act of 2000,
and not as part of the Mutual Educational and Cultural Exchange Act
of 1961 which comprises this chapter.
-MISC1INTERNATIONAL ACADEMIC OPPORTUNITY
Pub. L. 106-309, title III, Oct. 17, 2000, 114 Stat. 1094,
provided that:
"SEC. 301. SHORT TITLE.

"This title [enacting this section and this note] may be cited as
the 'International Academic Opportunity Act of 2000'.
"SEC. 302. STATEMENT OF PURPOSE.
"It is the purpose of this title to establish an undergraduate
grant program for students of limited financial means from the
United States to enable such students to study abroad. Such foreign
study is intended to broaden the outlook and better prepare such
students of demonstrated financial need to assume significant roles
in the increasingly global economy.
"SEC. 303. ESTABLISHMENT OF GRANT PROGRAM FOR FOREIGN STUDY BY
AMERICAN COLLEGE STUDENTS OF LIMITED FINANCIAL MEANS.
"[Enacted this section.]
"SEC. 304. REPORT TO CONGRESS.
"The Secretary of State shall report annually to the Congress
concerning the grant program established under this title. Each
such report shall include the following information for the
preceding year:
"(1) The number of participants.
"(2) The institutions of higher education in the United States
that participants attended.
"(3) The institutions of higher education outside the United
States participants attended during their study abroad.
"(4) The areas of study of participants.
"SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated $1,500,000 for each
fiscal year to carry out this title.
"SEC. 306. EFFECTIVE DATE.
"This title shall take effect October 1, 2000."
-End-

-CITE22 USC Sec. 2463

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2463. Allocation of funds transferred to the Bureau of
Educational and Cultural Affairs
-STATUTEOf each amount transferred to the Bureau of Educational and
Cultural Affairs out of appropriations other than appropriations
under the heading "Educational and Cultural Exchange Programs" for
support of an educational or cultural exchange program,
notwithstanding any other provision of law, not more than 7.5
percent shall be made available to cover administrative expenses
incurred in connection with support of the program. Amounts made

available to cover administrative expenses shall be credited to the
appropriations under the heading "Educational and Cultural Exchange
Programs" and shall remain available until expended.
-SOURCE(Pub. L. 87-256, Sec. 114, as added Pub. L. 107-77, title IV, Sec.
406, Nov. 28, 2001, 115 Stat. 790.)
-End-

-CITE22 USC Sec. 2464

01/08/2008

-EXPCITETITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM
-HEADSec. 2464. Ethical issues in international health research
-STATUTE(a) In general
The Secretary shall make available funds for international
exchanges to provide opportunities to researchers in developing
countries to participate in activities related to ethical issues in
human subject research, as described in subsection (c) of this
section.
(b) Coordination with other programs
The Secretary shall coordinate programs conducted pursuant to
this section with similar programs that may be conducted by the
United States Agency for International Development and other
Federal agencies as part of United States international health
programs, particularly with respect to research and treatment of
infectious diseases.
(c) Ethical issues in human subject research
For purposes of subsection (a) of this section, the phrase
"activities related to ethical issues in human subject research"
includes courses of study, conferences, and fora on development of
and compliance with international ethical standards for clinical
trials involving human subjects, particularly with respect to
responsibilities of researchers to individuals and local
communities participating in such trials, and on management and
monitoring of such trials based on such international ethical
standards.
-SOURCE(Pub. L. 107-228, div. A, title II, Sec. 228, Sept. 30, 2002, 116
Stat. 1371.)
-CODCODIFICATION
Section was enacted as part of the Department of State
Authorization Act, Fiscal Year 2003, and also as part of the
Foreign Relations Authorization Act, Fiscal Year 2003, and not as
part of the Mutual Educational and Cultural Exchange Act of 1961

which comprises this chapter.
-CROSSDEFINITION
For definition of "Secretary" as used in this section, see
section 3 of Pub. L. 107-228, set out as a note under section 2651
of this title.
-End-

34 CFR PART 662, FULBRIGHTHAYS DOCTORAL DISSERTATION
RESEARCH ABROAD PROGRAM

ATTACHMENT A: STATUTES AND REGULATIONS

e-CFR Data is current as of September 28, 2009
Title 34: Education
PART 662—FULBRIGHT-HAYS DOCTORAL DISSERTATION RESEARCH ABROAD FELLOWSHIP
PROGRAM

Section Contents

Subpart A—General
§ 662.1 What is the Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship
Program?
§ 662.2 Who is eligible to receive an institutional grant under this program?
§ 662.3 Who is eligible to receive a fellowship under this program?
§ 662.4 What is the amount of a fellowship?
§ 662.5 What is the duration of a fellowship?
§ 662.6 What regulations apply to this program?
§ 662.7 What definitions apply to this program?
Subpart B—Applications
§ 662.10 How does an individual apply for a fellowship?
§ 662.11 What is the role of the institution in the application process?
Subpart C—Selection of Fellows
§ 662.20 How is a Fulbright-Hays Doctoral Dissertation Research Abroad Fellow
selected?
§ 662.21 What criteria does the Secretary use to evaluate an application for a
fellowship?
§ 662.22 How does the J. William Fulbright Foreign Scholarship Board select fellows?
Subpart D—Post-award Requirements for Institutions
§ 662.30 What are an institution's responsibilities after the award of a grant?
Subpart E—Post-award Requirements for Fellows
§ 662.41 What are a fellow's responsibilities after the award of a fellowship?
§ 662.42 How may a fellowship be revoked?

Authority: Section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 (FulbrightHays Act), 22 U.S.C. 2452(b)(6), unless otherwise noted.
Source: 63 FR 46361, Aug. 31, 1998, unless otherwise noted.

Subpart A—General
§ 662.1 What is the Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program?
(a) The Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program is designed to contribute to the
development and improvement of the study of modern foreign languages and area studies in the United States by
providing opportunities for scholars to conduct research abroad.
(b) Under the program, the Secretary awards fellowships, through institutions of higher education, to doctoral
candidates who propose to conduct dissertation research abroad in modern foreign languages and area studies.
(Authority: 22 U.S.C. 2452(b)(6))

§ 662.2 Who is eligible to receive an institutional grant under this program?
An institution of higher education is eligible to receive an institutional grant.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

§ 662.3 Who is eligible to receive a fellowship under this program?
An individual is eligible to receive a fellowship if the individual—
(a)(1) Is a citizen or national of the United States; or
(2) Is a permanent resident of the United States;
(b)(1) Is a graduate student in good standing at an institution of higher education; and
(2) When the fellowship period begins, is admitted to candidacy in a doctoral degree program in modern foreign
languages and area studies at that institution;
(c) Is planning a teaching career in the United States upon completion of his or her doctoral program; and
(d) Possesses sufficient foreign language skills to carry out the dissertation research project.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

§ 662.4 What is the amount of a fellowship?
(a) The Secretary pays—
(1) Travel expenses to and from the residence of the fellow and the country or countries of research;
(2) A maintenance stipend for the fellow and his or her dependents related to cost of living in the host country or
countries;
(3) An allowance for research-related expenses overseas, such as books, copying, tuition and affiliation fees, local
travel, and other incidental expenses; and
(4) Health and accident insurance premiums.
(b) In addition, the Secretary may pay—

(1) Emergency medical expenses not covered by health and accident insurance; and
(2) The costs of preparing and transporting the remains of a fellow or dependent who dies during the term of the
fellowship to his or her former home.
(c) The Secretary announces the amount of benefits expected to be available in an application notice published in
theFederal Register.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e) (1) and (2))

§ 662.5 What is the duration of a fellowship?
(a) A fellowship is for a period of not fewer than six nor more than twelve months.
(b) A fellowship may not be renewed.
(Authority: 22 U.S.C. 2452(b)(6))

§ 662.6 What regulations apply to this program?
The following regulations apply to this program:
(a) The regulations in this part 662; and
(b) The Education Department General Administrative Regulations (EDGAR) (34 CFR parts 74, 75, 77, 81, 82, 85,
and 86).
(Authority: 22 U.S.C. 2452(b)(6))

§ 662.7 What definitions apply to this program?
(a) Definitions of the following terms as used in this part are contained in 34 CFR part 77:

Applicant
Application
Award
EDGAR
Fiscal year
Grant
Secretary
(b) The definition of institution of higher education as used in this part is contained in 34 CFR 600.4.
(c) The following definitions of other terms used in this part apply to this program:
Area studies means a program of comprehensive study of the aspects of a society or societies, including the study of
their geography, history, culture, economy, politics, international relations, and languages.

Binational commission means an educational and cultural commission established, through an agreement between
the United States and either a foreign government or an international organization, to carry out functions in
connection with the program covered by this part.
Dependent means any of the following individuals who accompany the recipient of a fellowship under this program to
his or her training site for the entire fellowship period if the individual receives more than 50 percent of his or her
support from the recipient during the fellowship period:
(1) The recipient's spouse.
(2) The recipient's or spouse's children who are unmarried and under age 21.
J. William Fulbright Foreign Scholarship Board means the presidentially-appointed board that is responsible for
supervision of the program covered by this part.
(Authority: 22 U.S.C. 2452(b)(6), 2456)

Subpart B—Applications
§ 662.10 How does an individual apply for a fellowship?
(a) An individual applies for a fellowship by submitting an application to the Secretary through the institution of higher
education in which the individual is enrolled.
(b) The applicant shall provide sufficient information concerning his or her personal and academic background and
proposed research project to enable the Secretary to determine whether the applicant—
(1) Is eligible to receive a fellowship under §662.3; and
(2) Should be selected to receive a fellowship under subparts C and D of this part.
(Authority: 22 U.S.C. 2452(b)(6))

§ 662.11 What is the role of the institution in the application process?
An institution of higher education that participates in this program is responsible for—
(a) Making fellowship application materials available to its students;
(b) Accepting and screening applications in accordance with its own technical and academic criteria; and
(c) Forwarding screened applications to the Secretary and requesting an institutional grant.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

Subpart C—Selection of Fellows
§ 662.20 How is a Fulbright-Hays Doctoral Dissertation Research Abroad Fellow selected?
(a) The Secretary considers applications for fellowships under this program that have been screened and submitted
by eligible institutions. The Secretary evaluates these applications on the basis of the criteria in §662.21.
(b) The Secretary does not consider applications to carry out research in a country in which the United States has no
diplomatic representation.

(c) In evaluating applications, the Secretary obtains the advice of panels of United States academic specialists in
modern foreign languages and area studies.
(d) The Secretary gives preference to applicants who have served in the armed services of the United States if their
applications are equivalent to those of other applicants on the basis of the criteria in §662.21.
(e) The Secretary considers information on budget, political sensitivity, and feasibility from binational commissions or
United States diplomatic missions, or both, in the proposed country or countries of research.
(f) The Secretary presents recommendations for recipients of fellowships to the J. William Fulbright Foreign
Scholarship Board, which reviews the recommendations and approves recipients.
(Authority: 22 U.S.C. 2452(b)(6), 2456)

§ 662.21 What criteria does the Secretary use to evaluate an application for a fellowship?
(a) General. The Secretary evaluates an application for a fellowship on the basis of the criteria in this section. The
Secretary informs applicants of the maximum possible score for each criterion in the application package or in a
notice published in theFederal Register.
(b) Quality of proposed project. The Secretary reviews each application to determine the quality of the research
project proposed by the applicant. The Secretary considers—
(1) The statement of the major hypotheses to be tested or questions to be examined, and the description and
justification of the research methods to be used;
(2) The relationship of the research to the literature on the topic and to major theoretical issues in the field, and the
project's originality and importance in terms of the concerns of the discipline;
(3) The preliminary research already completed in the United States and overseas or plans for such research prior to
going overseas, and the kinds, quality and availability of data for the research in the host country or countries;
(4) The justification for overseas field research and preparations to establish appropriate and sufficient research
contacts and affiliations abroad;
(5) The applicant's plans to share the results of the research in progress and a copy of the dissertation with scholars
and officials of the host country or countries; and
(6) The guidance and supervision of the dissertation advisor or committee at all stages of the project, including
guidance in developing the project, understanding research conditions abroad, and acquainting the applicant with
research in the field.
(c) Qualifications of the applicant. The Secretary reviews each application to determine the qualifications of the
applicant. The Secretary considers—
(1) The overall strength of the applicant's graduate academic record;
(2) The extent to which the applicant's academic record demonstrates strength in area studies relevant to the
proposed project;
(3) The applicant's proficiency in one or more of the languages (other than English and the applicant's native
language) of the country or countries of research, and the specific measures to be taken to overcome any anticipated
language barriers; and
(4) The applicant's ability to conduct research in a foreign cultural context, as evidenced by the applicant's references
or previous overseas experience, or both.

(d) Priorities. (1) The Secretary determines the extent to which the application responds to any priority that the
Secretary establishes for the selection of fellows in any fiscal year. The Secretary announces any priorities in an
application notice published in theFederal Register.
(2) Priorities may relate to certain world areas, countries, academic disciplines, languages, topics, or combinations of
any of these categories. For example, the Secretary may establish a priority for—
(i) A specific geographic area or country, such as the Caribbean or Poland;
(ii) An academic discipline, such as economics or political science;
(iii) A language, such as Tajik or Indonesian; or
(iv) A topic, such as public health issues or the environment.
(Approved by the Office of Management and Budget under control number 1840–0005)
(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(2))
[63 FR 46361, Aug. 31, 1998, as amended at 70 FR 13376, Mar. 21, 2005]

§ 662.22 How does the J. William Fulbright Foreign Scholarship Board select fellows?
(a) The J. William Fulbright Foreign Scholarship Board selects fellows on the basis of the Secretary's
recommendations and the information described in §662.20(e) from binational commissions or United States
diplomatic missions.
(b) No applicant for a fellowship may be awarded more than one graduate fellowship under the Fulbright-Hays Act
from appropriations for a given fiscal year.
(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(1))

Subpart D—Post-award Requirements for Institutions
§ 662.30 What are an institution's responsibilities after the award of a grant?
(a) An institution to which the Secretary awards a grant under this part is responsible for administering the grant in
accordance with the regulations described in §662.6.
(b) The institution is responsible for processing individual applications for fellowships in accordance with procedures
described in §662.11.
(c) The institution is responsible for disbursing funds in accordance with procedures described in §662.4.
(d) The Secretary awards the institution an administrative allowance of $100 for each fellowship listed in the grant
award document.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

Subpart E—Post-award Requirements for Fellows
§ 662.41 What are a fellow's responsibilities after the award of a fellowship?
As a condition of retaining a fellowship, a fellow shall—

(a) Maintain satisfactory progress in the conduct of his or her research;
(b) Devote full time to research on the approved topic;
(c) Not engage in unauthorized income-producing activities during the period of the fellowship; and
(d) Remain a student in good standing with the grantee institution during the period of the fellowship.
(Authority: 22 U.S.C. 2452(b)(6))

§ 662.42 How may a fellowship be revoked?
(a) The fellowship may be revoked only by the J. William Fulbright Foreign Scholarship Board upon the
recommendation of the Secretary.
(b) The Secretary may recommend a revocation of a fellowship on the basis of—
(1) The fellow's failure to meet any of the conditions in §662.41; or
(2) Any violation of the standards of conduct adopted by the J. William Fulbright Foreign Scholarship Board.
(Authority: 22 U.S.C. 2452(b)(6), 2456, and Policy Statements of the J. William Fulbright Foreign Scholarship Board,
1990)

34 CFR PART 663, FULBRIGHTHAYS FACULTY RESEARCH ABROAD
PROGRAM

ATTACHMENT A: STATUTES AND REGULATIONS

e-CFR Data is current as of September 28, 2009
Title 34: Education
PART 663—FULBRIGHT-HAYS FACULTY RESEARCH ABROAD FELLOWSHIP PROGRAM

Section Contents

Subpart A—General
§ 663.1
§ 663.2
§ 663.3
§ 663.4
§ 663.5
§ 663.6
§ 663.7

What is the Fulbright-Hays Faculty Research Abroad Fellowship Program?
Who is eligible to receive an institutional grant under this program?
Who is eligible to receive a fellowship under this program?
What is the amount of a fellowship?
What is the duration of a fellowship?
What regulations apply to this program?
What definitions apply to this program?
Subpart B—Applications

§ 663.10 How does an individual apply for a fellowship?
§ 663.11 What is the role of the institution in the application process?
Subpart C—Selection of Fellows
§ 663.20 How is a Fulbright-Hays Faculty Research Abroad Fellow selected?
§ 663.21 What criteria does the Secretary use to evaluate an application for a
fellowship?
§ 663.22 How does the J. William Fulbright Foreign Scholarship Board select fellows?
Subpart D—Post-award Requirements for Institutions
§ 663.30 What are an institution's responsibilities after the award of a grant?
Subpart E—Post-award Requirements for Fellows
§ 663.41 What are a fellow's responsibilities after the award of a fellowship?
§ 663.42 How may a fellowship be revoked?

Authority: Sec. 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 (Fulbright-Hays
Act), 22 U.S.C. 2452(b)(6), unless otherwise noted.
Source: 63 FR 46363, Aug. 31, 1998, unless otherwise noted.
Subpart A—General

§ 663.1 What is the Fulbright-Hays Faculty Research Abroad Fellowship Program?
(a) The Fulbright-Hays Faculty Research Abroad Program is designed to contribute to the development and
improvement of modern foreign language and area studies in the United States by providing opportunities for
scholars to conduct research abroad.
(b) Under the program, the Secretary awards fellowships, through institutions of higher education, to faculty members
who propose to conduct research abroad in modern foreign languages and area studies to improve their skill in
languages and knowledge of the culture of the people of these countries.
(Authority: 22 U.S.C. 2452(b)(6))

§ 663.2 Who is eligible to receive an institutional grant under this program?

An institution of higher education is eligible to receive an institutional grant.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

§ 663.3 Who is eligible to receive a fellowship under this program?
An individual is eligible to receive a fellowship if the individual—
(a)(1) Is a citizen or national of the United States; or
(2) Is a permanent resident of the United States;
(b) Is employed by an institution of higher education;
(c) Has been engaged in teaching relevant to his or her foreign language or area studies specialization for the two
years immediately preceding the date of the award;
(d) Proposes research relevant to his or her modern foreign language or area specialization which is not dissertation
research for a doctoral degree; and
(e) Possesses sufficient foreign language skills to carry out the research project.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

§ 663.4 What is the amount of a fellowship?
(a) The Secretary pays—
(1) Travel expenses to and from the residence of the fellow and the country or countries of research;
(2) A maintenance stipend for the fellow related to his or her academic year salary; and
(3) An allowance for research-related expenses overseas, such as books, copying, tuition and affiliation fees, local
travel, and other incidental expenses.
(b) The Secretary may pay—
(1) Emergency medical expenses not covered by the faculty member's health and accident insurance; and

(2) The costs of preparing and transporting the remains of a fellow or dependent who dies during the term of the
fellowship to his or her former home.
(c) The Secretary announces the amount of benefits expected to be available in an application notice published in
theFederal Register.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e) (1) and (2))

§ 663.5 What is the duration of a fellowship?
(a) A fellowship is for a period of not fewer than three nor more than twelve months.
(b) A fellowship may not be renewed.
(Authority: 22 U.S.C. 2452(b)(6))

§ 663.6 What regulations apply to this program?
The following regulations apply to this program:
(a) The regulations in this part 663; and
(b) The Education Department General Administrative Regulations (EDGAR) (34 CFR parts 74, 75, 77, 81, 82, 85,
and 86).
(Authority: 22 U.S.C. 2452(b)(6))

§ 663.7 What definitions apply to this program?
(a) Definitions of the following terms as used in this part are contained in 34 CFR part 77:

Applicant
Application
Award
EDGAR
Fiscal year
Grant
Secretary
(b) The definition of institution of higher education as used in this part is contained in 34 CFR 600.4.
(c) The following definitions of other terms used in this part apply to this program:
Area studies means a program of comprehensive study of the aspects of a society or societies, including the study of
their geography, history, culture, economy, politics, international relations, and languages.

Binational commission means an educational and cultural commission established, through an agreement between
the United States and either a foreign government or an international organization, to carry out functions in
connection with the program covered by this part.
Dependent means any of the following individuals who accompany the recipient of a fellowship under this program to
his or her training site for the entire fellowship period if the individual receives more than 50 percent of his or her
support from the recipient during the fellowship period:
(1) The recipient's spouse.
(2) The recipient's or spouse's children who are unmarried and under age 21.
J. William Fulbright Foreign Scholarship Board means the presidentially-appointed board that is responsible for
supervision of the program covered by this part.
(Authority: 22 U.S.C. 2452(b)(6), 2456)

Subpart B—Applications
§ 663.10 How does an individual apply for a fellowship?
(a) An individual applies for a fellowship by submitting an application to the Secretary through the institution of higher
education at which the individual is employed.
(b) The applicant shall provide sufficient information concerning his or her personal and academic background and
proposed research project to enable the Secretary to determine whether the applicant—
(1) Is eligible to receive a fellowship under §663.3; and
(2) Should be selected to receive a fellowship under subparts C and D of this part.
(Authority: 22 U.S.C. 2452(b)(6))

§ 663.11 What is the role of the institution in the application process?
An institution of higher education that participates in this program is responsible for—
(a) Making fellowship application materials available to its faculty;
(b) Accepting and screening applications in accordance with its own technical and academic criteria; and
(c) Forwarding screened applications to the Secretary through a request for an institutional grant.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

Subpart C—Selection of Fellows
§ 663.20 How is a Fulbright-Hays Faculty Research Abroad Fellow selected?
(a) The Secretary considers applications for fellowships under this program that have been screened and submitted
by eligible institutions. The Secretary evaluates these applications on the basis of the criteria in §663.21.
(b) The Secretary does not consider applications to carry out research in a country in which the United States has no
diplomatic representation.

(c) In evaluating applications, the Secretary obtains the advice of panels of United States academic specialists in
modern foreign languages and area studies.
(d) The Secretary gives preference to applicants who have served in the armed services of the United States if their
applications are equivalent to those of other applicants on the basis of the criteria in §663.21.
(e) The Secretary considers information on budget, political sensitivity, and feasibility from binational commissions or
United States diplomatic missions, or both, in the proposed country or countries of research.
(f) The Secretary presents recommendations for recipients of fellowships to the J. William Fulbright Foreign
Scholarship Board, which reviews the recommendations and approves recipients.
(Authority: 22 U.S.C. 2452(b)(6), 2456)

§ 663.21 What criteria does the Secretary use to evaluate an application for a fellowship?
(a) General. The Secretary evaluates an application for a fellowship on the basis of the criteria in this section. The
Secretary informs applicants of the maximum possible score for each criterion in the application package or in a
notice published in theFederal Register.
(b) Quality of proposed project. The Secretary reviews each application to determine the quality of the research
project proposed by the applicant. The Secretary considers—
(1) The statement of the major hypotheses to be tested or questions to be examined, and the description and
justification of the research methods to be used;
(2) The relationship of the research to the literature on the topic and to major theoretical issues in the field, and the
project's importance in terms of the concerns of the discipline;
(3) The preliminary research already completed or plans for research prior to going overseas, and the kinds, quality
and availability of data for the research in the host country or countries;
(4) The justification for overseas field research, and preparations to establish appropriate and sufficient research
contacts and affiliations abroad;
(5) The applicant's plans to share the results of the research in progress with scholars and officials of the host country
or countries and the American scholarly community; and
(6) The objectives of the project regarding the sponsoring institution's plans for developing or strengthening, or both,
curricula in modern foreign languages and area studies.
(c) Qualifications of the applicant. The Secretary reviews each application to determine the qualifications of the
applicant. The Secretary considers—
(1) The overall strength of applicant's academic record (teaching, research, contributions, professional association
activities);
(2) The applicant's excellence as a teacher or researcher, or both, in his or her area or areas of specialization;
(3) The applicant's proficiency in one or more of the languages (other than English and the applicant's native
language), of the country or countries of research, and the specific measures to be taken to overcome any
anticipated language barriers; and
(4) The applicant's ability to conduct research in a foreign cultural context, as evidenced by the applicant's previous
overseas experience, or documentation provided by the sponsoring institution, or both.

(d) Priorities. (1) The Secretary determines the extent to which the application responds to any priority that the
Secretary establishes for the selection of fellows in any fiscal year. The Secretary announces any priorities in an
application notice published in theFederal Register.
(2) Priorities may relate to certain world areas, countries, academic disciplines, languages, topics, or combinations of
any of these categories. For example, the Secretary may establish a priority for—
(i) A specific geographic area or country, such as East Asia or Latvia;
(ii) An academic discipline, such as history or political science;
(iii) A language, such as Hausa or Telegu; or
(iv) A topic, such as religious fundamentalism or migration.
(Approved by the Office of Management and Budget under control number 1840–0005)
(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(2))
[63 FR 46363, Aug. 31, 1998, as amended at 70 FR 13376, Mar. 21, 2005]

§ 663.22 How does the J. William Fulbright Foreign Scholarship Board select fellows?
The J. William Fulbright Foreign Scholarship Board selects fellows on the basis of the Secretary's recommendations
and the information described in §663.20(e) from binational commissions or United States diplomatic missions.
(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(1))

Subpart D—Post-award Requirements for Institutions
§ 663.30 What are an institution's responsibilities after the award of a grant?
(a) An institution to which the Secretary awards a grant under this part is responsible for administering the grant in
accordance with the regulations described in §663.6.
(b) The institution is responsible for processing individual applications for fellowships in accordance with procedures
described in §663.11.
(c) The institution is responsible for disbursing funds in accordance with procedures described in §663.4.
(d) The Secretary awards the institution an administrative allowance of $100 for each fellowship listed in the grant
award document.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

Subpart E—Post-award Requirements for Fellows
§ 663.41 What are a fellow's responsibilities after the award of a fellowship?
As a condition of retaining a fellowship, a fellow shall—
(a) Maintain satisfactory progress in the conduct of his or her research;

(b) Devote full time to research on the approved topic;
(c) Not engage in unauthorized income-producing activities during the period of the fellowship; and
(d) Remain employed by the grantee institution during the period of the fellowship.
(Authority: 22 U.S.C. 2452(b)(6))

§ 663.42 How may a fellowship be revoked?
(a) The fellowship may be revoked only by the J. William Fulbright Foreign Scholarship Board upon the
recommendation of the Secretary.
(b) The Secretary may recommend a revocation of a fellowship on the basis of—
(1) The fellow's failure to meet any of the conditions in §663.41; or
(2) Any violation of the standards of conduct adopted by the J. William Fulbright Foreign Scholarship Board.
(Authority: 22 U.S.C. 2452(b)(6), 2456, and Policy Statements of the J. William Fulbright Foreign Scholarship Board,
1990)

34 CFR PART 664, FULBRIGHTHAYS GROUP PROJECTS ABROAD
PROGRAM

ATTACHMENT A: STATUTES AND REGULATIONS

e-CFR Data is current as of September 28, 2009
Title 34: Education
PART 664—FULBRIGHT-HAYS GROUP PROJECTS ABROAD PROGRAM

Section Contents

Subpart A—General
§ 664.1 What is the Fulbright-Hays Group Projects Abroad Program?
§ 664.2 Who is eligible to apply for assistance under the Fulbright-Hays Group
Projects Abroad Program?
§ 664.3 Who is eligible to participate in projects funded under the Fulbright-Hays
Group Projects Abroad Program?
§ 664.4 What regulations apply to the Fulbright-Hays Group Projects Abroad
Program?
§ 664.5 What definitions apply to the Fulbright-Hays Group Projects Abroad Program?
Subpart B—What Kinds of Projects Does the Secretary Assist Under This
Program?
§ 664.10
§ 664.11
§ 664.12
§ 664.13
§ 664.14

What kinds of projects does the Secretary assist?
What is a short-term seminar project?
What is a curriculum development project?
What is a group research or study project?
What is an advanced overseas intensive language training project?
Subpart C—How Does the Secretary Make a Grant?

§ 664.30
§ 664.31
§ 664.32
§ 664.33

How does the Secretary evaluate an application?
What selection criteria does the Secretary use?
What priorities may the Secretary establish?
What costs does the Secretary pay?
Subpart D—What Conditions Must Be Met by a Grantee?

§ 664.40 Can participation in a Fulbright-Hays Group Projects Abroad be terminated?

Authority: 22 U.S.C. 2452(b)(6), unless otherwise noted.
Source: 63 FR 46366, Aug. 31, 1998, unless otherwise noted.
Subpart A—General
§ 664.1 What is the Fulbright-Hays Group Projects Abroad Program?

(a) The Fulbright-Hays Group Projects Abroad Program is designed to contribute to the development and
improvement of the study of modern foreign languages and area studies in the United States by providing
opportunities for teachers, students, and faculty to study in foreign countries.
(b) Under the program, the Secretary awards grants to eligible institutions, departments, and organizations to conduct
overseas group projects in research, training, and curriculum development.
(Authority: 22 U.S.C. 2452(b)(6))

§ 664.2 Who is eligible to apply for assistance under the Fulbright-Hays Group Projects Abroad
Program?
top
The following are eligible to apply for assistance under this part:
(a) Institutions of higher education;
(b) State departments of education;
(c) Private non-profit educational organizations; and
(d) Consortia of institutions, departments, and organizations described in paragraphs (a), (b), or (c) of this section.
(Authority: 22 U.S.C. 2452(b)(6))

§ 664.3 Who is eligible to participate in projects funded under the Fulbright-Hays Group Projects
Abroad Program?
top
An individual is eligible to participate in a Fulbright-Hays Group Projects Abroad, if the individual—(a)(1) Is a citizen or
national of the United States; or
(2) Is a permanent resident of the United States; and
(b)(1) Is a faculty member who teaches modern foreign languages or area studies in an institution of higher
education;
(2) Is a teacher in an elementary or secondary school;
(3) Is an experienced education administrator responsible for planning, conducting, or supervising programs in
modern foreign languages or area studies at the elementary, secondary, or postsecondary level; or
(4) Is a graduate student, or a junior or senior in an institution of higher education, who plans a teaching career in
modern foreign languages or area studies.
(Authority: 22 U.S.C. 2452(b)(6))

§ 664.4 What regulations apply to the Fulbright-Hays Group Projects Abroad Program?
top

The following regulations apply to this program:
(a) The regulations in this part 664; and
(b) The Education Department General Administrative Regulations (EDGAR) (34 CFR parts 74, 75, 77, 80, 81, 82,
85, and 86).
(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1), 2456(a)(2))

§ 664.5 What definitions apply to the Fulbright-Hays Group Projects Abroad Program?
(a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR part 77:

Applicant
Application
Award
EDGAR
Equipment
Facilities
Grant
Grantee
Nonprofit
Project
Private
Public
Secretary
State
State educational agency
Supplies
(Authority: 22 U.S.C. 2452(b)(6))
(b) Definitions that apply to this program: The following definitions apply to the Fulbright-Hays Group Projects Abroad
Program:
Area studies means a program of comprehensive study of the aspects of a society or societies, including the study of
their geography, history, culture, economy, politics, international relations, and languages.

Binational commission means an educational and cultural commission established, through an agreement between
the United States and either a foreign government or an international organization, to carry out functions in
connection with the program covered by this part.
Institution of higher education means an educational institution in any State that—
(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 a bachelor's degree or provides not less than a two-year
program which is acceptable for full credit toward such a degree;
(4) Is a public or other nonprofit institution; and
(5) Is accredited by a nationally recognized accrediting agency or association.
J. William Fulbright Foreign Scholarship Board means the presidentially appointed board that is responsible for
supervision of the program covered by this part.
(Authority: 22 U.S.C. 2452(b)(6), 2456)

Subpart B—What Kinds of Projects Does the Secretary Assist Under This Program?
§ 664.10 What kinds of projects does the Secretary assist?
The Secretary assists projects designed to develop or improve programs in modern foreign language or area studies
at the elementary, secondary, or postsecondary level by supporting overseas projects in research, training, and
curriculum development by groups of individuals engaged in a common endeavor. Projects may include, as described
in §§664.11 through 664.14, short-term seminars, curriculum development teams, group research or study, and
advanced intensive language programs.
(Authority: 22 U.S.C. 2452(b)(6))

§ 664.11 What is a short-term seminar project?
A short-term seminar project is—
(a) Designed to help integrate international studies into an institution's or school system's general curriculum; and
(b) Normally four to six weeks in length and focuses on a particular aspect of area study, such as, for example, the
culture of the area or a portion of the culture.
(Authority: 22 U.S.C. 2452(b)(6))

§ 664.12 What is a curriculum development project?
(a) A curriculum development project—
(1) Is designed to permit faculty and administrators in institutions of higher education and elementary and secondary
schools, and administrators in State departments of education the opportunity to spend generally from four to eight
weeks in a foreign country acquiring resource materials for curriculum development in modern foreign language and
area studies; and

(2) Must provide for the systematic use and dissemination in the United States of the acquired materials.
(b) For the purpose of this section, resource materials include artifacts, books, documents, educational films,
museum reproductions, recordings, and other instructional material.
(Authority: 22 U.S.C. 2452(b)(6))

§ 664.13 What is a group research or study project?
(a)(1) A group research or study project is designed to permit a group of faculty of an institution of higher education
and graduate and undergraduate students to undertake research or study in a foreign country.
(2) The period of research or study in a foreign country is generally from three to twelve months.
(b) As a prerequisite to participating in a research or training project, participants—
(1) Must possess the requisite language proficiency to conduct the research or study, and disciplinary competence in
their area of research; and
(2) In a project of a semester or longer, shall have completed, at a minimum, one semester of intensive language
training and one course in area studies relevant to the projects.
(Authority: 22 U.S.C. 2452(b)(6))

§ 664.14 What is an advanced overseas intensive language training project?
(a)(1) An advanced overseas intensive language project is designed to take advantage of the opportunities present in
the foreign country that are not present in the United States when providing intensive advanced foreign language
training.
(2) Project activities may be carried out during a full year, an academic year, a semester, a trimester, a quarter, or a
summer.
(3) Generally, language training must be given at the advanced level, i.e., at the level equivalent to that provided to
students who have successfully completed two academic years of language training.
(4) The language to be studied must be indigenous to the host country and maximum use must be made of local
institutions and personnel.
(b) Generally, participants in projects under this program must have successfully completed at least two academic
years of training in the language to be studied.
(Authority: 22 U.S.C. 2452(b)(6))

Subpart C—How Does the Secretary Make a Grant?
§ 664.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application for a Group Project Abroad on the basis of the criteria in §664.31. The
Secretary informs applicants of the maximum possible score for each criterion in the application package or in a
notice published in theFederal Register.
(b) All selections by the Secretary are subject to review and final approval by the J. William Fulbright Foreign
Scholarship Board.

(c) The Secretary does not recommend a project to the J. William Fulbright Foreign Scholarship Board if the applicant
proposes to carry it out in a country in which the United States does not have diplomatic representation.
(Authority: 22 U.S.C. 2452(b)(6), 2456)
[63 FR 46366, Aug. 31, 1998, as amended at 70 FR 13376, Mar. 21, 2005]

§ 664.31 What selection criteria does the Secretary use?
The Secretary uses the criteria in this section to evaluate applications for the purpose of recommending to the J.
William Fulbright Foreign Scholarship Board Group Projects Abroad for funding under this part.
(a) Plan of operation. (1) The Secretary reviews each application for information to determine the quality of the plan of
operation for the project.
(2) The Secretary looks for information that shows—
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and efficient administration of the project;
(iii) A clear description of how the objectives of the project relate to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and
(v) A clear description of how the applicant will ensure that project participants who are otherwise eligible to
participate are selected without regard to race, color, national origin, gender, age, or handicapping condition.
(b) Quality of key personnel. (1) The Secretary reviews each application for information to determine the quality of
key personnel the applicant plans to use on the project.
(2) The Secretary looks for information that shows—
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (b)(2)(i) and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, will ensure that its
personnel are selected for employment without regard to race, color, national origin, gender, age, or handicapping
condition.
(3) To determine the qualifications of a person, the Secretary considers evidence of past experience and training in
fields related to the objectives of the project as well as other information that the applicant provides.
(c) Budget and cost effectiveness. (1) The Secretary reviews each application for information that shows that the
project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows—
(i) The budget for the project is adequate to support the project activities; and
(ii) Costs are reasonable in relation to the objectives of the project.

(d) Evaluation plan. (1) The Secretary reviews each application for information that shows the quality of the
evaluation plan for the project.
(2) The Secretary looks for information that shows that the methods of evaluation are appropriate for the project and,
to the extent possible, are objective and produce data that are quantifiable.
(e) Adequacy of resources. (1) The Secretary reviews each application for information that shows that the applicant
plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows that the facilities, equipment, and supplies that the applicant plans
to use are adequate.
(f) Specific program criteria. (1) In addition to the general selection criteria contained in this section, the Secretary
reviews each application for information that shows that the project meets the specific program criteria.
(2) The Secretary looks for information that shows—
(i) The potential impact of the project on the development of the study of modern foreign languages and area studies
in American education.
(ii) The project's relevance to the applicant's educational goals and its relationship to its program development in
modern foreign languages and area studies.
(iii) The extent to which direct experience abroad is necessary to achieve the project's objectives and the
effectiveness with which relevant host country resources will be utilized.
(g) Priorities. The Secretary looks for information that shows the extent to which the project addresses program
priorities in the field of modern foreign languages and area studies for that year.
(Approved by the Office of Management and Budget under control number 1840–0068)
(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(2))
[63 FR 46366, Aug. 31, 1998, as amended at 70 FR 13376, Mar. 21, 2005]

§ 664.32 What priorities may the Secretary establish?
(a) The Secretary may establish for each funding competition one or more of the following priorities:
(1) Categories of projects described in §664.10.
(2) Specific languages, topics, countries or geographic regions of the world; for example, Chinese and Arabic,
Curriculum Development in Multicultural Education and Transitions from Planned Economies to Market Economies,
Brazil and Nigeria, Middle East and South Asia.
(3) Levels of education; for example, elementary and secondary, postsecondary, or postgraduate.
(b) The Secretary announces any priorities in the application notice published in theFederal Register.
(Authority: 22 U.S.C. 2452(b)(6), 2456(a)(2))

§ 664.33 What costs does the Secretary pay?

(a) The Secretary pays only part of the cost of a project funded under this part. Other than travel costs, the Secretary
does not pay any of the costs for project-related expenses within the United States.
(b) The Secretary pays the cost of the following—
(1) A maintenance stipend related to the cost of living in the host country or countries;
(2) Round-trip international travel;
(3) A local travel allowance for necessary project-related transportation within the country of study, exclusive of the
purchase of transportation equipment;
(4) Purchase of project-related artifacts, books, and other teaching materials in the country of study;
(5) Rent for instructional facilities in the country of study;
(6) Clerical and professional services performed by resident instructional personnel in the country of study; and
(7) Other expenses in the country of study, if necessary for the project's success and approved in advance by the
Secretary.
(c) The Secretary may pay—
(1) Emergency medical expenses not covered by a participant's health and accident insurance; and
(2) The costs of preparing and transporting the remains of a participant who dies during the term of a project to his or
her former home.
(Authority: 22 U.S.C. 2452(b)(6), 2454(e)(1))

Subpart D—What Conditions Must Be Met by a Grantee?
§ 664.40 Can participation in a Fulbright-Hays Group Projects Abroad be terminated?
(a) Participation may be terminated only by the J. William Fulbright Foreign Scholarship Board upon the
recommendation of the Secretary.
(b) The Secretary may recommend a termination of participation on the basis of failure by the grantee to ensure that
participants adhere to the standards of conduct adopted by the J. William Fulbright Foreign Scholarship Board.
(Authority: 22 U.S.C. 2452(b)(6), 2456, and Policy Statements of the J. William Fulbright Foreign Scholarship Board,
1990)

34 CODE OF FEDERAL
REGULATIONS (CFR) PART 655,
GENERAL PROVISIONS FOR
INTERNATIONAL EDUCATION
PROGRAMS, SECTION 655.1
THROUGH 655.4, 655.10, 655.30
THROUGH 655.32

ATTACHMENT A: STATUTES AND REGULATIONS

e-CFR Data is current as of September 28, 2009
Title 34: Education
PART 655—INTERNATIONAL EDUCATION PROGRAMS—GENERAL PROVISIONS

Section Contents

Subpart A—General
§ 655.1 Which programs do these regulations govern?
§ 655.3 What regulations apply to the International Education Programs?
§ 655.4 What definitions apply to the International Education Programs?
Subpart B—What Kinds of Projects Does the Secretary Assist?
§ 655.10 What kinds of projects does the Secretary assist?
Subpart C [Reserved]
Subpart D—How Does the Secretary Make a Grant?
§ 655.30 How does the Secretary evaluate an application?
§ 655.31 What general selection criteria does the Secretary use?
§ 655.32 What additional factors does the Secretary consider in making grant awards?

Authority: 20 U.S.C 1121–1130b, unless otherwise noted.
Source: 47 FR 14116, Apr. 1, 1982, unless otherwise noted.
Subpart A—General
§ 655.1 Which programs do these regulations govern?
The regulations in this part govern the administration of the following programs in international education:
(a) The National Resource Centers Program for Foreign Language and Area Studies or Foreign Language and
International Studies (section 602 of the Higher Education Act of 1965, as amended);
(b) The Language Resource Centers Program (section 603);
(c) The Undergraduate International Studies and Foreign Language Program (section 604);
(d) The International Research and Studies Program (section 605); and
(e) The Business and International Education Program (section 613).

(Authority: 20 U.S.C. 1121–1130b)
[47 FR 14116, Apr. 1, 1982, as amended at 58 FR 32575, June 10, 1993; 64 FR 7739, Feb. 16, 1999]

§ 655.3 What regulations apply to the International Education Programs?
The following regulations apply to the International Education Programs:
(a) The Education Department General Administrative Regulations (EDGAR) as follows:
(1) 34 CFR part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit
Organizations).
(2) 34 CFR part 75 (Direct Grant Programs).
(3) 34 CFR part 77 (Definitions that Apply to Department Regulations).
(4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities), except that part
79 does not apply to 34 CFR parts 660, 669, and 671.
(5) 34 CFR part 82 (New Restrictions on Lobbying).
(6) 34 CFR part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide
Requirements for Drug-Free Workplace (Grants)).
(7) 34 CFR part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 655; and
(c) As appropriate, the regulations in—
(1) 34 CFR part 656 (National Resource Centers Program for Foreign Language and Area Studies or Foreign
Language and International Studies);
(2) 34 CFR part 657 (Foreign Language and Area Studies Fellowships Program);
(3) 34 CFR part 658 (Undergraduate International Studies and Foreign Language Program);
(4) 34 CFR part 660 (International Research and Studies Program);
(5) 34 CFR part 661 (Business and International Education Program); and
(6) 34 CFR part 669 (Language Resource Centers Program).
(Authority: 20 U.S.C. 1121–1127; 1221e–3)
[47 FR 14116, Apr. 1, 1982, as amended at 58 FR 32575, June 10, 1993; 64 FR 7739, Feb. 16, 1999]

§ 655.4 What definitions apply to the International Education Programs?
(a) Definitions in EDGAR. The following terms used in this part and 34 CFR parts 656, 657, 658, 660, 661, and 669
are defined in 34 CFR part 77:

Acquisition
Applicant
Application
Award
Budget
Contract
EDGAR
Equipment
Facilities
Fiscal year
Grant
Grantee
Grant period
Local educational agency
Nonprofit
Project
Project period
Private
Public
Secretary
State educational agency
Supplies
(Authority: 20 U.S.C. 1121–1127)
(b) Definitions that apply to these programs: The following definitions apply to International Education Programs:
Consortium of institutions of higher education means a group of institutions of higher education that have entered into
a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit

agency, organization, or institution designated or created by a group of institutions of higher education for the
purpose of carrying out a common objective on their behalf.
Critical languages means each of the languages contained in the list of critical languages designated by the
Secretary pursuant to section 212(d) of the Education for Economic Security Act, except that, in the implementation
of this definition, the Secretary may set priorities according to the purposes of title VI of the Higher Education Act of
1965, as amended.
Institution of higher education means, in addition to an institution that meets the definition of section 101(a) of the
Higher Education Act of 1965, as amended, an institution that meets the requirements of section 101(a) except that
(1) it is not located in the United States, and (2) it applies for assistance under title VI of the Higher Education Act of
1965, as amended, in consortia with institutions that meet the definitions in section 101(a).
(Authority: 20 U.S.C. 1121–1127, and 1141)
[47 FR 14116, Apr. 1, 1982, as amended at 58 FR 32575, June 10, 1993; 64 FR 7739, Feb. 16, 1999; 74 FR 35072,
July 17, 2009]

Subpart B—What Kinds of Projects Does the Secretary Assist?
§ 655.10 What kinds of projects does the Secretary assist?
Subpart A of 34 CFR parts 656, 657, and 669 and subpart B of 34 CFR parts 658, 660, 661 describe the kinds of
projects that the Secretary assists under the International Education Programs.
(Authority: 20 U.S.C. 1121–1127)
[74 FR 35072, July 17, 2009]

Subpart C [Reserved]
Subpart D—How Does the Secretary Make a Grant?
§ 655.30 How does the Secretary evaluate an application?
The Secretary evaluates an applications for International Education Programs on the basis of—
(a) The general criteria in §655.31; and
(b) The specific criteria in, as applicable, subpart D of 34 CFR parts 658, 660, 661, and 669.
(Authority: 20 U.S.C. 1121–1127)
[64 FR 7739, Feb. 16, 1999]

§ 655.31 What general selection criteria does the Secretary use?
(a) Plan of operation. (1) The Secretary reviews each application for information that shows the quality of the plan of
operation for the project.
(2) The Secretary looks for information that shows—
(i) High quality in the design of the project;

(ii) An effective plan of management that ensures proper and efficient administration of the project;
(iii) A clear description of how the objectives of the project relate to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and
(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants
who are members of groups that have been traditionally underrepresented, such as—
(A) Members of racial or ethnic minority groups;
(B) Women; and
(C) Handicapped persons.
(b) Quality of key personnel. (1) The Secretary reviews each application for information that shows the quality of the
key personnel the applicant plans to use on the project.
(2) The Secretary looks for information that shows—
(i) The qualifications of the project director (if one is to be used);
(ii) The qualifications of each of the other key personnel to be used in the project. In the case of faculty, the
qualifications of the faculty and the degree to which that faculty is directly involved in the actual teaching and
supervision of students; and
(iii) The time that each person referred to in paragraphs (b)(2) (i) and (ii) of this section plans to commit to the project;
and
(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications
for employment from persons who are members of groups that have been traditionally underrepresented, such as
members of racial or ethnic minority groups, women, handicapped persons, and the elderly.
(3) To determine the qualifications of a person, the Secretary considers evidence of past experience and training, in
fields related to the objectives of the project, as well as other information that the applicant provides.
(c) Budget and cost effectiveness. (1) The Secretary reviews each application for information that shows that the
project has an adequate budget and is cost effective.
(2) The Secretary looks for information that shows—
(i) The budget for the project is adequate to support the project activities; and
(ii) Costs are reasonable in relation to the objectives of the project.
(d) Evaluation plan. (1) The Secretary reviews each application for information that shows the quality of the
evaluation plan for the project.
(2) The Secretary looks for information that shows methods of evaluation that are appropriate for the project and, to
the extent possible, are objective and produce data that are quantifiable.
(e) Adequacy of resources. (1) The Secretary reviews each application for information that shows that the applicant
plans to devote adequate resources to the project.
(2) The Secretary looks for information that shows—

(i) Other than library, facilities that the applicant plans to use are adequate (language laboratory, museums, etc.); and
(ii) The equipment and supplies that the applicant plans to use are adequate.
(Authority: 20 U.S.C. 1121–1127)

§ 655.32 What additional factors does the Secretary consider in making grant awards?
Except for 34 CFR parts 656, 657, and 661, to the extent practicable and consistent with the criterion of excellence,
the Secretary seeks to achieve an equitable distribution of funds throughout the Nation.
(Authority: 20 U.S.C. 1126(b)).
[58 FR 32575, June 10, 1993]

EDUCATION DEPARTMENT
GENERAL ADMINISTRATIVE
REGULATION (EDGAR), 34 CFR PART
74, SECTION 74.51 AND 34 CFR PART
75, SECTIONS 75.118, 75.253, 75.720

ATTACHMENT A: STATUTES AND REGULATIONS

[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR74.51]
[Page 123-124]
TITLE 34--EDUCATION
PART 74_ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER
EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS--Table of Contents
Subpart C_Post-Award Requirements
Sec. 74.51

Monitoring and reporting program performance.

(a) Recipients are responsible for managing and monitoring each
project, program, subaward, function, or activity supported by the
award. Recipients shall monitor subawards to ensure subrecipients have
met the audit requirements in Sec. 74.26.
(b) The Secretary prescribes the frequency with which the
performance reports shall be submitted. Except as provided in Sec.
74.51(f), performance reports are not required more frequently than
quarterly or, less frequently than annually. Annual reports are due 90
calendar days after the grant year; quarterly or semi-annual reports are
due 30 days after the reporting period.
[[Page 124]]
The Secretary may require annual reports before the anniversary dates of
multiple year awards in lieu of these requirements. The final
performance reports are due 90 calendar days after the expiration or
termination of the award.
(c) If inappropriate, a final technical or performance report is not
required after completion of the project.
(d) When required, performance reports must generally contain, for
each award, brief information on each of the following:
(1) A comparison of actual accomplishments with the goals and
objectives established for the period, the findings of the investigator,
or both. Whenever appropriate and the output of programs or projects can
be readily quantified, this quantitative data should be related to cost
data for computation of unit costs.
(2) Reasons why established goals were not met, if appropriate.
(3) Other pertinent information including, when appropriate,
analysis, and explanation of cost overruns or high unit costs.
(e) Recipients are not required to submit more than the original and
two copies of performance reports.
(f) Recipients shall immediately notify the Secretary of
developments that have a significant impact on the award-supported
activities. Also, notification must be given in the case of problems,
delays, or adverse conditions which materially impair the ability to
meet the objectives of the award. This notification must include a
statement of the action taken or contemplated, and any assistance needed
to resolve the situation.
(g) The Secretary may make site visits, as needed.

(h) The Secretary complies with the clearance requirements of 5 CFR
part 1320 when requesting performance data from recipients.
(Approved by the Office of Management and Budget under control number
1880-0513)
(Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110)

[59 FR 34724, July 6, 1994, as amended at 60 FR 6660, Feb. 3, 1995]

[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR75.118]
[Page 138]
__________________________________________________________________________
TITLE 34--EDUCATION
PART 75_DIRECT GRANT PROGRAMS--Table of Contents
Subpart C_How To Apply for a Grant
Sec. 75.118

Requirements for a continuation award.

(a) A recipient that wants to receive a continuation award shall
submit a performance report that provides the most current performance
and financial expenditure information, as directed by the Secretary,
that is sufficient to meet the reporting requirements of 34 CFR 74.51,
75.590, 75.720, and 80.40.
(b) If a recipient fails to submit a performance report that meets
the requirements of paragraph (a) of this section, the Secretary denies
continued funding for the grant.
(Approved by the Office of Management and Budget under control number
1875-0102)
(Authority: 20 U.S.C. 1221e-3(a)(1) and 3474)
Cross reference: See Sec. 75.117 Information needed for a multiyear project, and Sec. Sec. 75.250 through 75.253 Approval of multiyear projects, Sec. 75.590 Evaluation by the recipient, Sec. 75.720
Financial and performance reports, Sec. 74.51 Monitoring and reporting
program performance, and Sec. 80.40 Monitoring and reporting program
performance.
[59 FR 30261, June 10, 1994, as amended at 64 FR 50391, Sept. 16, 1999]

[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR75.253]
[Page 149-150]
__________________________________________________________________
TITLE 34--EDUCATION
PART 75_DIRECT GRANT PROGRAMS--Table of Contents
Subpart D_How Grants Are Made
Sec. 75.253
period.

Continuation of a multi-year project after the first budget

(a) The Secretary may make a continuation award for a budget period
after the first budget period of an approved multi-year project if:
(1) The Congress has appropriated sufficient funds under the
program;
(2) The recipient has either-(i) Made substantial progress toward meeting the objectives in its
approved application; or
(ii) Obtained the Secretary's approval of changes in the project
that-(A) Do not increase the cost of the grant; and
(B) Enable the recipient to meet those objectives in succeeding
budget periods;
(3) The recipient has submitted all reports as required by Sec.
75.118, and
(4) Continuation of the project is in the best interest of the
Federal Government.
(b) Subject to the criteria in paragraph (a) of this section, in
selecting applications for funding under a program the Secretary gives
priority to contination awards over new grants.
[[Page 150]]
(c)(1) Notwithstanding any regulatory requirements in 34 CFR part
80, a grantee may expend funds that have not been obligated at the end
of a budget period for obligations of the subsequent budget period if-(i) The obligation is for an allowable cost that falls within the
scope and objectives of the project; and
(ii) ED regulations other than 34 CFR part 80, statutes, or the
conditions of the grant do not prohibit the obligation.
Note: See 34 CFR 74.25(e)(2).
(2) The Secretary may-(i) Require the grantee to send a written statement describing how
the funds made available under this section will be used; and
(ii) Determine the amount of new funds that the Department will make
available for the subsequent budget period after considering the
statement the grantee provides under paragraph (c)(2)(i) of this section

or any other information available to the Secretary about the use of
funds under the grant.
(3) In determining the amount of new funds to make available to a
grantee under this section, the Secretary considers whether the
unobligated funds made available are needed to complete activities that
were planned for completion in the prior budget period.
(d)(1) If the Secretary decides, under this section, not to make a
continuation award, the Secretary may authorize a no-cost extension of
the last budget period of the grant in order to provide for the orderly
closeout of the grant.
(2) If the Secretary makes a continuation award under this section-(i) The Secretary makes the award under Sec. Sec. 75.231-75.236;
and
(ii) The new budget period begins on the day after the previous
budget period ends.
(e) Unless prohibited by program regulations, a recipient that is in
the final budget period of a project period may seek continued
assistance for the project under the procedures for selecting new
projects.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 57 FR 30338, July 8, 1992; 59 FR 30261, June 10, 1994; 62
FR 40424, July 28, 1997]
Cross references: 1. See Subpart C--How to Apply for a Grant.
2. See Sec. 75.117 Information needed for a multi-year project; and
Sec. 75.118 Application for a continuation award.

[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR75.720]
[Page 161]
TITLE 34--EDUCATION
PART 75_DIRECT GRANT PROGRAMS--Table of Contents
Subpart F_What Are the Administrative Responsibilities of a Grantee?
Sec. 75.720

Financial and performance reports.

(a) This section applies to the reports required under-(1) 34 CFR 74.51 (Monitoring and reporting program performance) and
34 CFR 74.52 (Financial reporting); and
(2) 34 CFR 80.40 (Monitoring and reporting program performance) and
34 CFR 80.41 (Financial reporting).
(b) A grantee shall submit these reports annually, unless the
Secretary allows less frequent reporting. However, the Secretary may

require a grantee of a grant made under 34 CFR part 700, 706, 707, or
708 (certain programs of the Office of Educational Research and
Improvement) to submit performance reports more often than annually.
(c) The Secretary may require a grantee to report more frequently
than annually under 34 CFR 74.14 (Special award conditions), 34 CFR
74.21 (Standards for financial management systems), 34 CFR 80.12
(Special grant or subgrant conditions for ``high-risk'' grantees) or 34
CFR 80.20 (Standards for financial management systems).
(Authority: 20 U.S.C. 1221e-3 and 3474)
[57 FR 30340, July 8, 1992, as amended at 64 FR 50392, Sept. 16, 1999]

Subpart F—What Are the Administrative Responsibilities of a Grantee?
See 34 CFR 74.51, Monitoring and reporting program performance; 34 CFR 74.52, Financial reporting; 34 CFR
80.40, Monitoring and reporting program performance; and 34 CFR 80.41 Financial reporting.

§ 75.720 Financial and performance reports.
(a) This section applies to the reports required under—
(1) 34 CFR 74.51 (Monitoring and reporting program performance) and 34 CFR 74.52 (Financial reporting); and
(2) 34 CFR 80.40 (Monitoring and reporting program performance) and 34 CFR 80.41 (Financial reporting).
(b) A grantee shall submit these reports annually, unless the Secretary allows less frequent reporting. However, the
Secretary may require a grantee of a grant made under 34 CFR part 700, 706, 707, or 708 (certain programs of the
Office of Educational Research and Improvement) to submit performance reports more often than annually.
(c) The Secretary may require a grantee to report more frequently than annually under 34 CFR 74.14 (Special award
conditions), 34 CFR 74.21 (Standards for financial management systems), 34 CFR 80.12 (Special grant or subgrant
conditions for ―high-risk‖ grantees) or 34 CFR 80.20 (Standards for financial management systems).
(Authority: 20 U.S.C. 1221e–3 and 3474)
[57 FR 30340, July 8, 1992, as amended at 64 FR 50392, Sept. 16, 1999]

§ 75.721 [Reserved]

e-CFR Data is current as of September 28, 2009