ATTACHMENT H

\[Code of Federal Regulations\]

\[Title 34, Volume 3, Parts 400 to end\]

\[Revised as of July 1, 1998\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR650\]

\[Page 320-325\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 650\--JACOB K. JAVITS FELLOWSHIP PROGRAM

Subpart A\--General

Sec.

650.1 What is the Jacob K. Javits Fellowship Program?

650.2 Who is eligible to receive a fellowship?

650.3 What regulations apply to the Jacob K. Javits Fellowship Program?

650.4 What definitions apply to the Jacob K. Javits Fellowship Program?

650.5 What does a fellowship award include?

Subpart B\--How Does an Individual Apply for a Fellowship?

650.10 How does an individual apply for a fellowship?

Subpart C\--How Are Fellows Selected?

650.20 What are the selection procedures?

Subpart D\--What Conditions Must Be Met by Fellows?

650.30 Where may fellows study?

650.31 How does an individual accept a fellowship?

650.32 How does the Secretary withdraw an offer of a fellowship?

650.33 What is the duration of a fellowship?

650.34 What conditions must be met by fellows?

650.35 May fellowship tenure be interrupted?

650.36 May fellows make changes in institution or field of study?

650.37 What records and reports are required from fellows?

Subpart E\--What Are the Administrative Responsibilities of the

Institution?

650.40 What institutional agreements are needed?

650.41 How are institutional payments to be administered?

650.42 How are stipends to be administered?

650.43 How are disbursement and return of funds made?

650.44 What records and reports are required from institutions?

Authority: 20 U.S.C. 1134, 1134h-1134k-l, unless otherwise noted.

Source: 58 FR 58084, Oct. 28, 1993, unless otherwise noted.

Subpart A\--General

Sec. 650.1 What is the Jacob K. Javits Fellowship Program?

\(a\) Under the Jacob K. Javits Fellowship Program the Secretary awards
fellowships to students of superior ability selected on the basis of
demonstrated achievement and exceptional promise, for study at the
doctoral level in selected fields of the arts, humanities, and social
sciences.

(Authority: 20 U.S.C. 1134h)

\(b\) Students awarded fellowships under this program are called Jacob
K. Javits Fellows.

(Authority: 20 U.S.C. 1134h)

Sec. 650.2 Who is eligible to receive a fellowship?

An individual is eligible to receive a fellowship if the individual\--

\(a\) Is enrolled at an institution of higher education, other than a
school or department of divinity, in the program of study leading to a
doctoral degree in the academic field for which the fellowship is
awarded

\(b\) Meets the eligibility requirements established by the Fellowship
Board;

\(c\) Is not ineligible to receive assistance under 34 CFR 75.60, as
added on July 8, 1992 (57 FR 30328, 30337); and

(d)(1) Is pursuing a doctoral degree that will not lead to an academic
career and is\--

\(i\) A citizen or national of the United States;

\(ii\) A permanent resident of the United States;

\(iii\) In the United States for other than a temporary purpose and
intends to become a permanent resident; or

\(iv\) A permanent resident of the Trust Territory of the Pacific

Islands; or

\(2\) Is pursuing a doctoral degree that will lead to an academic career
and is a citizen of the United States.

(Authority: 20 U.S.C. 1134, 1134h-1134k-1)

Sec. 650.3 What regulations apply to the Jacob K. Javits Fellowship

Program?

The following regulations apply to this program:

\(a\) The regulations in this part

650\.

\(b\) 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), except for the following:

\(i\) Subpart C (How to Apply for a Grant);

\(ii\) Subpart D (How Grants Are Made); and

\(iii\) Sections 75.580 through 75.592 of subpart E.

\(3\) 34 CFR part 77 (Definitions that Apply to Department

Regulations), except for the terms \`\`grantee\'\' and
\`\`recipient.\'\'

\(4\) 34 CFR part 82 (New Restrictions on Lobbying).

\(5\) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)).

\(6\) 34 CFR part 86 (Drug-Free Schools and Campuses).

(Authority: 20 U.S.C. 1134h)

Sec. 650.4 What definitions apply to the Jacob K. Javits Fellowship

Program?

The following definitions apply to terms used in this part:

Academic year means the 12-month period beginning with the fall
instructional term of the institution of higher education.

Act means the Higher Education Act of 1965, as amended.

Department means any program, unit or any other administrative
subdivision of an institution of higher education that\--

\(1\) Directly administers or supervises post-baccalaureate instruction
in a specific discipline; and

\(2\) Has the authority to award academic course credit acceptable to
meet degree requirements at an institution of higher education.

Fellow means a recipient of a Jacob K. Javits fellowship under this
part.

Fellowship means an award made to a person for graduate study under this
part.

Fellowship Board means the Jacob K. Javits Fellowship Program

Fellowship Board, composed of individual representatives of both public
and private institutions of higher education who are appointed by the
Secretary to establish general policies for the program and oversee its
operation.

Financial need means the fellow\'s financial need as determined under
part F of title IV of the HEA, for the period of the fellow\'s
enrollment in the approved academic field of study for which the
fellowship was awarded.

Grantee means an institution of higher education that administers a
fellowship award under this part.

HEA means the Higher Education Act of 1965, as amended.

Institution means an institution of higher education.

Institution of higher education means an institution of higher
education, other than a school or department of divinity, as defined in
section 1201(a) of the HEA.

Institutional payment means the amount paid by the Secretary to the
institution of higher education in which the fellow is enrolled to be
applied against the tuition and fees required of the fellow by the
institution as part of the fellow\'s instructional program.

Knows or has reason to know means that a person with respect to a
statement\--

\(1\) Has actual knowledge that the statement is false or fictitious;

\(2\) Acts in deliberate ignorance of the truth or falsity of the
statement; or

\(3\) Acts in reckless disregard of the truth or falsity of the
statement.

Recipient means an institution of higher education that administers

a fellowship award under this part.

Satisfactory progress means that the fellow meets or exceeds the
institution\'s criteria and standards established for all doctoral
students\' continued status as applicants for the doctoral degree in the
academic field of study for which the fellowship was awarded.

School or department of divinity means an institution, or a department
of an institution, whose program is specifically for the education of
students to prepare them to become ministers of religion or to enter
into some other religious vocation, or to prepare them to teach
theological subjects.

Secretary means Secretary of the Department of Education or an official
or employee of the Department acting for the Secretary under a
delegation of authority.

Stipend means the amount paid to an individual awarded a fellowship,
including an allowance for subsistence and other expenses for the
individual and his or her dependents.

(Authority: 20 U.S.C. 1134h-1134k)

Sec. 650.5 What does a fellowship award include?

The Secretary awards fellowships consisting of the following:

\(a\) A stipend paid to the fellow, based upon an annual determination
of the fellow\'s financial need, as described in Sec. 650.42.

\(b\) An annual payment made to the institution in which the fellow is
enrolled as described in Sec. 650.41.

(Authority: 20 U.S.C. 1134j)

Subpart B\--How Does an Individual Apply for a Fellowship?

Sec. 650.10 How does an individual apply for a fellowship?

An individual shall apply to the Secretary for a fellowship award in
response to an application notice published by the Secretary in the

Federal Register.

(Authority: 20 U.S.C. 1134h)

Subpart C\--How Are Fellows Selected?

Sec. 650.20 What are the selection procedures?

\(a\) The Fellowship Board establishes criteria for the selection of
fellows.

\(b\) Each year the Fellowship Board selects specific fields of study,
and the number of fellows in each field (within the humanities, arts and
social sciences), for which fellowships will be awarded.

\(c\) The Fellowship Board appoints panels of distinguished individuals
in each field to evaluate applications.

\(d\) The Secretary may make awards of the fellowships each year in two
or more stages, taking into account at each stage the amount of funds
remaining after the level of funding for awards previously made has been
established or adjusted.

(Authority: 20 U.S.C. 1134i)

Subpart D\--What Conditions Must be Met By Fellows?

Sec. 650.30 Where may fellows study?

A fellow may use the fellowship only for enrollment in a doctoral
program at an institution of higher education, other than a school or
department of divinity, which is accredited by an accrediting agency or
association recognized by the Secretary, which accepts the fellow for
graduate study, and which has agreed to comply with the provisions of
this part applicable to institutions.

(Authority: 20 U.S.C. 1134h-1134k)

Sec. 650.31 How does an individual accept a fellowship?

\(a\) An individual notified by the Secretary of selection as a fellow
shall inform the Secretary of the individual\'s acceptance in the manner
and time prescribed by the Secretary in the notification.

\(b\) If an individual fails to comply with the provisions of paragraph
(a) of this section, the Secretary treats the individual\'s failure to
comply as a refusal of the fellowship.

(Authority: 20 U.S.C. 1134h)

Sec. 650.32 How does the Secretary withdraw an offer of a fellowship?

\(a\) The Secretary withdraws an offer of a fellowship to an individual
only if the Secretary determines that the individual submitted
fraudulent information on the application.

\(b\) The Secretary considers the application to contain fraudulent
information if the application contains a statement that\--

\(1\) The applicant knows or has reason to know\--

\(i\) Asserts a material fact that is false or fictitious; or

\(ii\) Is false or fictitious because it omits a material fact that the
person making the statement has a duty to include in the statement; and

\(2\) Contains or is accompanied by an express certification or
affirmation of the truthfulness and accuracy of the contents of the
statement.

(Authority: 20 U.S.C. 1134j)

Sec. 650.33 What is the duration of a fellowship?

\(a\) An individual may receive a fellowship for a doctoral degree
program of study for a total of 48 months or the time required for
receiving the doctoral degree, whichever is less.

\(b\) (1) An individual may receive a fellowship for no more than 24
months for dissertation work, without the prior approval of the

Secretary.

\(2\) A fellow may apply to the Secretary for an additional period of
fellowship support for dissertation work. The fellow\'s application must
include\--

\(i\) The specific facts detailing the reasons why the additional period
of dissertation work support is necessary;

\(ii\) A certification by the institution that it is aware of the
fellow\'s application and that the fellow has attained satisfactory
progress in the fellow\'s academic studies; and

\(iii\) A recommendation from the institution that the additional period
of fellowship support for dissertation work is necessary.

\(c\) A fellow who maintains satisfactory progress in the program of
study for which the fellowship was awarded may have the fellowship
renewed annually for the total length of time described in paragraph (a)
of this section.

(Authority: 20 U.S.C. 1134h, 1134k)

Sec. 650.34 What conditions must be met by fellows?

In order to continue to receive payments under a fellowship, a fellow
shall\--

\(a\) Maintain satisfactory progress in the program for which the
fellowship was awarded as determined by the institution of higher
education;

\(b\) Devote essentially full time to study or research in the field in
which the fellowship was awarded, as determined by the institution of
higher education;

\(c\) Not engage in gainful employment during the period of the
fellowship except on a part-time basis, for the institution of higher
education at which the fellowship was awarded, in teaching, research, or
similar activities approved by the Secretary; and

\(d\) Begin study under the fellowship in the academic year specified in
the fellowship award.

(Authority: 20 U.S.C. 1134h-1134k)

Sec. 650.35 May fellowship tenure be interrupted?

\(a\) An institution of higher education may allow a fellow to interrupt
study for a period not to exceed 12 months, but only if the interruption
of study is\--

\(1\) For the purpose of work, travel, or independent study, if the
independent study is away from the institution and supportive of the
fellow\'s academic program; and

\(2\) Approved by the institution of higher education.

\(b\) A fellow may continue to receive payments during the period of
interruption only if the fellow\'s interruption of study is for the
purpose of travel or independent study that is supportive of the
fellow\'s academic program.

\(c\) A fellow may not receive payments during the period of
interruption if the fellow\'s interruption of study is for the purpose
of travel that is not supportive of the fellow\'s academic program, or
work, whether supportive of the fellow\'s academic program or not.

\(d\) The Secretary makes a pro rata institutional payment to the
institution of higher education in which the fellow is enrolled during
the period the fellow receives payments as described in paragraph (b) of
this section.

(Authority: 20 U.S.C. 1134h)

Sec. 650.36 May fellows make changes in institution or field of study?

After an award is made, a fellow may not make any change in the field of
study or institution attended without the prior approval of the
Secretary.

(Authority: 20 U.S.C. 1134k)

Sec. 650.37 What records and reports are required from fellows?

Each individual who is awarded a fellowship shall keep such records and
submit such reports as are required by the Secretary.

(Authority: 20 U.S.C. 1134k)

Subpart E\--What Are the Administrative Responsibilities of the

Institution?

Sec. 650.40 What institutional agreements are needed?

Students enrolled in an otherwise eligible institution of higher
education may receive fellowships only if the institution enters into an
agreement with the Secretary to comply with the provisions of this part.

(Authority: 20 U.S.C. 1134h-1134k)

Sec. 650.41 How are institutional payments to be administered?

\(a\) With respect to the awards made for the academic year 1993-1994,
the Secretary makes a payment of \$9,000 to the institution of higher
education for each individual awarded a fellowship for pursuing a course
of study at the institution. The Secretary adjusts the amount of the
institutional payment annually thereafter in accordance with inflation
as determined by the U.S. Department of Labor\'s Consumer Price Index
for the previous calendar year.

\(b\) If the institution of higher education charges and collects
amounts from a fellow for tuition or other expenses required by the
institution as part of the fellow\'s instructional program, the
Secretary deducts that amount from the institutional payment.

\(c\) If the fellow is enrolled for less than a full academic year, the
Secretary pays the institution a pro rata share of the allowance.

(Authority: 20 U.S.C. 1134j)

Sec. 650.42 How are stipends to be administered?

\(a\) The institution annually shall calculate the amount of a fellow\'s
financial need in the same manner as that in which the institution
calculates its students\' financial need under part F of title IV of the
HEA.

\(b\) For a fellowship initially awarded for an academic year prior to
the academic year 1993-1994, the institution shall pay the fellow a
stipend in the amount of the fellow\'s financial need or \$10,000,
whichever is less.

\(c\) For a fellowship initially awarded for the academic year 1993-

1994 or any succeeding academic year, the institution shall pay the
fellow a stipend at a level of support equal to that provided by the

National Science Foundation graduate fellowships, except that the amount
must be adjusted as necessary so as not to exceed the fellow\'s
demonstrated level of financial need.

(Authority: 20 U.S.C. 1134j)

Sec. 650.43 How are disbursement and return of funds made?

\(a\) An institution shall disburse a stipend to a fellow no less
frequently than once per academic term. If the fellowship is vacated or
discontinued, the institution shall return any unexpended funds to the

Secretary at such time and in such manner as the Secretary may require.

\(b\) If a fellow withdraws from an institution before completion of an
academic term, the institution shall refund to the Secretary a prorated
portion of the institutional payment that it received with respect to
that fellow. The institution shall return those funds to the

Secretary at such time and in such manner as the Secretary may require.

\(c\) A fellow who withdraws from an institution before completion of an
academic term for which the fellow received a stipend installment shall
return a prorated portion of the stipend installment to the institution
at such time and in such manner as the Secretary may require.

(Authority: 20 U.S.C. 1134j)

Sec. 650.44 What records and reports are required from institutions?

\(a\) An institution shall provide to the Secretary, prior to receiving
funds for disbursement to a fellow, a certification from an appropriate
official at the institution stating whether that fellow is making
satisfactory progress in, and is devoting essentially full time to the
program for which the fellowship was awarded.

\(b\) An institution shall keep such records as are necessary to
establish the timing and amount of all disbursements of stipends.

(Approved by the Office of Management and Budget under control number

1840-0562)

(Authority: 20 U.S.C. 1134k)