`[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Proposed Rules]
[Pages 76636-76642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28021]


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DEPARTMENT OF EDUCATION

34 CFR Parts 606, 607, 611, 637, 648, 656, 657, 658, 660, 661, 662, 
663, 664, and 669


Higher Education Programs

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The proposed regulations will remove all references to points 
in the selection criteria the Department of Education (Department) uses 
to evaluate applications submitted under the higher education 
discretionary grant programs. We are proposing this action because the 
current point assignments are outdated and do not permit sufficient 
flexibility to establish important program objectives. Taking this 
action will allow us that flexibility and ensure grant awards are made 
to high quality applicants.
    The proposed regulations also would remove the requirement that in 
competitions for grants under the Partnership and Teacher-Recruitment 
components of the Teacher Quality Enhancement Grants Program, the 
Secretary hold a two-stage competition in which applicants must submit 
a pre-application and a full application. The current structure has not 
proven effective in producing high quality applications for this 
program. Removing the requirement for a pre-application will reduce 
burden on applicants and the Department and allow both to target their 
resources on the full application stage.
    There are some amendments in the proposed regulations that are 
purely technical corrections to the regulations.

DATES: We must receive your comments on or before January 21, 2005.

ADDRESSES: Address all comments about these proposed regulations to 
Lorraine Kennedy, U.S. Department of Education, PO Box 33553, 
Washington, DC 20033 or by e-mail at the following address: 
[email protected]. You may also send your comments to 
us through the Internet at the U.S. Government Web site: http://www.regulations.gov.
    If you want to comment on the information collection requirements, 
you must send your comments to the Office of Management and Budget at 
the address listed in the Paperwork Reduction Act section of this 
preamble. You may also send a copy of these comments to the Department 
representative named in this section.

FOR FURTHER INFORMATION CONTACT: Lorraine Kennedy, U.S. Department of 
Education, 1990 K Street, NW., room 8018, Washington, DC 20006-8544. 
Telephone: (202) 502-7762. Pamela Maimer, U.S. Department of Education, 
1990 K Street, NW., room 8014, Washington, DC 20006-8544. Telephone: 
(202) 502-7704.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

Invitation To Comment

    We invite you to submit comments regarding these proposed 
regulations.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden that might result from these proposed 
regulations. Please let us know of any further opportunities we should 
take to reduce potential costs or increase potential benefits while 
preserving the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about these proposed regulations in room 8054, 1990 K Street, 
NW., Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Eastern 
time, Monday through Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for these proposed regulations. If you want to 
schedule an appointment for this type of aid, please contact one of the 
individuals listed under FOR FURTHER INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: The Secretary proposes to amend 34 CFR parts 
606, 607, 637, 648, 656, 657, 658, 660, 661, 662, 663, 664, and 669 by 
removing the mandatory point values from the selection criteria in the 
regulations associated with the application process for discretionary 
grant programs. The current regulations that mandate specific point 
values to the selection criteria in these discretionary grant programs 
are out-of-date. The proposed regulations would give the Secretary the 
flexibility to select specific point values from year to year to 
address current priorities for the programs. The removal of the 
mandatory point values from the selection criteria for these grant 
programs is also consistent with the manner in which the Department 
assigns points to selection criteria for many other discretionary grant 
programs.

[[Page 76637]]

    The Secretary also proposes to amend the regulations in 34 CFR part 
611, which govern the Teacher Quality Enhancement Grants (TQE) program. 
The effect of these amendments would be to make discretionary the 
existing requirement that in competitions for grants under the 
program's Partnership and Teacher-Recruitment components, the Secretary 
conduct a two-stage process for selecting applicants involving the 
submission and review of pre-applications and full applications. We 
adopted the two-stage process in 2000 in the belief that by inviting 
full applications only from those applicants that, on the basis of the 
pre-applications, showed promise of being able to submit high-quality 
full applications, we would decrease total burden on all applicants 
and, at the same time, enable those who review and score applications 
to focus on those with the most promise of being funded. See the notice 
of proposed rulemaking published in the Federal Register on February 
11, 2000 at 65 FR 6939. However, under this process, not only has the 
Department historically received many fewer applications than 
anticipated, but it also has little evidence that the use of a pre-
application stage has helped to promote the Department's receipt of 
high-quality full applications for either component of the TQE program. 
As a result, burden has not been reduced but rather has been 
inadvertently increased without any commensurate return in quality 
applications. While wishing to reserve the ability to use a two-stage 
review process should circumstances change, and given its experience, 
the Department now wishes to have the option of utilizing a single-
stage application process as is the typical procedure in other 
discretionary grant programs.

Executive Order 12866

1. 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 the proposed regulations are 
those resulting from statutory requirements and those we have 
determined to be necessary for administering these programs effectively 
and efficiently. Elsewhere in this SUPPLEMENTARY INFORMATION section we 
identify and explain burdens specifically associated with information 
collection requirements. See the heading Paperwork Reduction Act of 
1995.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of this regulatory action, we have determined that the 
benefits would justify the costs.
    We have also determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.

2. Clarity of Regulations

    Executive Order 12866 and the Presidential memorandum of June 11, 
1988 on ``Plain Language in Government Writing'' require each agency to 
write regulations that are easy to understand.
    The Secretary invites comments on how to make these proposed 
regulations easier to understand, including answers to questions such 
as the following:
     Are the requirements in the proposed regulations clearly 
stated?
     Do the proposed regulations contain technical terms or 
other working that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections? (A ``section'' is 
preceded by the symbol ``Sec.  '' and a numbered heading; for example, 
Sec.  606.20 How does the Secretary choose applications for funding?)
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
     What else could we do to make the proposed regulations 
easier to understand?
    Send any comments that concern how the Department could make these 
proposed regulations easier to understand to the person listed in the 
ADDRESSES section of the preamble.

Regulatory Flexibility Act Certification

    The Secretary certifies that these proposed regulations would not 
have a significant economic impact on a substantial number of small 
entities. Small entities affected by these regulations are small 
institutions of higher education. The changes will not have a 
significant economic impact on the institutions affected.

Paperwork Reduction Act of 1995

    Sections 606.20, 606.21, 606.22, 606.23, 607.20, 607.21, 607.22, 
607.23, 611.2, 611.3, 637.31, 637.32, 648.30, 648.31, 656.20, 656.21, 
656.22, 657.20, 657.21, 658.30, 658.31, 658.32, 658.33, 660.30, 660.31, 
660.32, 660.33, 661.30, 661.31, 662.21, 663.21, 664.30, 664.31, 669.20, 
and 669.21 contain information collection requirements. Under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3057(d)), the Department of 
Education has submitted a copy of these sections to the Office of 
Management and Budget (OMB) for its review.
    The information collection would apply to applications for awards 
submitted under certain higher education discretionary grant programs 
and the Teacher Quality Program. The likely respondents would be State 
agencies and two and four-year degree granting institutions. This 
collection of information is necessary for applicants to apply for new 
grants under the regulations for these discretionary grant programs. 
Grants will be awarded on the basis of competitively reviewed 
applications submitted to the U.S. Department of Education, Office of 
Postsecondary Education.
    If you want to comment on the information collection requirements, 
please send your comments to the Office of Information and Regulatory 
Affairs, OMB, room 10235, New Executive Office Building, Washington, DC 
20503; Attention: Desk Officer for U.S. Department of Education. You 
may also send a copy of these comments to the Department representative 
named in the ADDRESSES section of this preamble.
    We consider your comments on these proposed collections of 
information in--
     Deciding whether the proposed collections are necessary 
for the proper performance of our functions, including whether the 
information will have practical use;
     Evaluating the accuracy of our estimate of the burden of 
the proposed collections, including the validity of our methodology and 
assumptions;
     Enhancing the quality, usefulness, and clarity of the 
information we collect; and
     Minimizing the burden on those who must respond. This 
includes exploring the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology (e.g., permitting electronic submission of 
responses).
    OMB is required to make a decision concerning the collections of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, to ensure that OMB gives your comments full consideration, 
it is important that OMB receives the comments within 30 days of 
publication. This does not affect the deadline for your comments to us 
on the proposed regulations.

[[Page 76638]]

Intergovernmental Review

    The discretionary grant programs and the Teacher Quality 
Enhancement Grants Program are not subject to Executive Order 12372 and 
the regulations in 34 CFR part 79.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether these 
proposed regulations would require transmission of information that any 
other agency or authority of the United States gathers or makes 
available.

Electronic Version of Documents

    You may view this document, as well as all other documents of this 
Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/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. 
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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.gpoaccess.gov/nara/index.html.

List of Subjects

34 CFR Parts 606 and 607

    Colleges and universities, Grant programs-education, Reporting and 
recordkeeping requirements.

34 CFR Part 611

    Colleges and universities, Elementary and secondary education, 
Grant programs--education.

34 CFR Part 637

    Colleges and universities, Educational study programs, Equal 
educational opportunity, Grant programs-education, Reporting and 
recordkeeping requirements, Science and technology, Women.

34 CFR Part 648

    Colleges and universities, Grant programs-education, Reporting and 
recordkeeping requirements, 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

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

34 CFR Part 658

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

34 CFR Part 660

    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.

34 CFR Part 662

    Colleges and universities, Educational Research, Educational study 
programs, Grant programs--education, Scholarships and fellowships.

34 CFR Parts 663

    Colleges and universities, Educational Research, Educational study 
programs, Grant programs--education, Scholarships and fellowships, 
Teachers.

34 CFR Parts 664

    Colleges and universities, Educational Research, Educational study 
programs, Grant programs--education, Teachers.

34 CFR Parts 669

    Colleges and universities, Educational Research, Educational study 
programs, Grant programs--education, Reporting and recordkeeping 
requirements, Teachers.

    Dated: December 17, 2004.
Sally L. Stroup,
Assistant Secretary for Postsecondary Education.
    For the reasons discussed in the preamble, the Secretary proposes 
to amend parts 606, 607, 611, 637, 648, 656, 657, 658, 660, 661, 662, 
663, 664, and 669 of title 34 of the Code of Federal Regulations as 
follows:

PART 606--DEVELOPING HISPANIC-SERVING INSTITUTIONS PROGRAM

    1. The authority citation for part 606 continues to read as 
follows:

    Authority: 20 U.S.C. 1101 et seq., unless otherwise noted.

    2. Section 606.20 is amended by--
    A. Revising paragraph (b);
    B. In paragraph (c)(1), removing the words ``scores at least 50 
points'' and adding, in their place, the words ``meets the 
requirements''; and
    C. Removing paragraph (c)(2)(i) and redesignating paragraphs 
(c)(2)(ii) and (c)(2)(iii) as paragraphs (c)(2)(i) and (c)(2)(ii), 
respectively.
    The revision reads as follows:


Sec.  606.20  How does the Secretary choose applications for funding?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
* * * * *
    3. Section 606.21 is amended by--
    A. Removing all of the parentheticals that end in ``points)''; and
    B. Revising the introductory text to read as follows:


Sec.  606.21  What are the selection criteria for planning grants?

    The Secretary evaluates an application for a planning grant on the 
basis of the criteria in this section.
* * * * *
    4. Section 606.22 is amended by--
    A. Revising the introductory text;
     B. Removing all of the parentheticals that end in ``points)'';
    C. In paragraphs (a)(1) and (a)(2), removing the punctuation ``.''; 
and
    D. In paragraph (a)(3), adding the word ``and'' after the 
punctuation ``;''.
    The revision reads as follows:


Sec.  606.22  What are the selection criteria for development grants?

    The Secretary evaluates an application for a development grant on 
the basis of the criteria in this section.
* * * * *
    5. Section 606.23 is amended by--
    A. Removing all of the parentheticals that end in ``point)''; and
    B. Revising the introductory text of paragraphs (a) and (b) to read 
as follows:


Sec.  606.23  What special funding consideration does the Secretary 
provide?

    (a) If funds are available to fund only one additional planning 
grant and each of the next fundable applications has received the same 
number of points under Sec.  606.20 or 606.21, the Secretary awards 
additional points, as provided in the application package or in a 
notice published in the Federal Register, to any of those applicants 
that--
* * * * *
    (b) If funds are available to fund only one additional development 
grant and each of the next fundable applications has received the same 
number of points

[[Page 76639]]

under Sec.  606.20 or 606.22, the Secretary awards additional points, 
as provided in the application package or in a notice published in the 
Federal Register, to any of those applicants that--
* * * * *

PART 607--STRENGTHENING INSTITUTIONS PROGRAM

    6. The authority citation for part 607 continues to read as 
follows:

    Authority: 20 U.S.C. 1507-1509c, 1066-1069f, unless otherwise 
noted.

    7. Section 607.20 is amended by--
    A. Removing paragraph (c) and redesignating paragraphs (b)(1) and 
(2) as paragraphs (c)(1) and (2), respectively;
    B. In redesignated paragraph (c)(2), removing the reference to 
``(b)(1)'' and adding, in its place, the reference ``(c)(1)'';
    C. Adding a new paragraph (b); and
    D. Revising paragraph (d).
    The addition and revision read as follows:


Sec.  607.20  How does the Secretary choose applications for funding?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
* * * * *
    (d) The Secretary considers funding an application for a 
development grant that--
    (1) Is submitted with a comprehensive development plan that 
satisfies all the elements required of such a plan under Sec.  607.8; 
and
    (2) In the case of an application for a cooperative arrangement 
grant, demonstrates that the grant will enable each eligible 
participant to meet the goals and objectives of its comprehensive 
development plan better and at a lower cost than if each eligible 
participant were funded individually.
* * * * *
    8. Section 607.21 is amended by--
    A. Removing all of the parentheticals that end in ``points)''; and
    B. Revising the introductory text to read as follows:


Sec.  607.21  What are the selection criteria for planning grants?

    The Secretary evaluates an application for a planning grant on the 
basis of the criteria in this section.
* * * * *
    9. Section 607.22 is amended by--
    A. Revising the introductory text;
    B. Removing all of the parentheticals that end in points)'';
    C. In paragraphs (a)(1) and (a)(2), removing the punctuation ``.''; 
and
    D. In paragraph (a)(3), adding the word ``and'' after the 
punctuation ``;''.
    The revision reads as follows:


Sec.  607.22  What are the selection criteria for development grants?

    The Secretary evaluates an application for a development grant on 
the basis of the criteria in this section.
* * * * *
    10. Section 607.23 is amended by--
    A. Removing all of the parentheticals that end in ``point)''; and
    B. Revising the introductory text of paragraphs (a) and (b) to read 
as follows:


Sec.  607.23  What special funding consideration does the Secretary 
provide?

    (a) If funds are available to fund only one additional planning 
grant and each of the next fundable applications has received the same 
number of points under Sec.  607.20 or 607.21, the Secretary awards 
additional points, as provided in the application package or in a 
notice published in the Federal Register, to any of those applicants 
that--
* * * * *
    (b) If funds are available to fund only one additional development 
grant and each of the next fundable applications has received the same 
number of points under Sec.  607.20 or 607.22, the Secretary awards 
additional points, as provided in the application package or in a 
notice published in the Federal Register, to any of those applicants 
that--
* * * * *

PART 611--TEACHER QUALITY ENHANCEMENT GRANTS PROGRAM

    11. The authority citation for part 611 continues to read as 
follows:

    Authority: 20 U.S.C. 1021 et seq. and 1024(e), unless otherwise 
noted.


Sec.  611.2  [Amended]

    12. Section 611.2 is amended by, in paragraph (a), removing the 
words ``paragraphs (a)(1), (a)(2)(iii), or (a)(3)(iii) of Sec.  611.3'' 
and adding, in their place, the words ``paragraphs (a)(1), 
(a)(2)(i)(B), or (a)(2)(ii) of Sec.  611.3''.
    13. Section 611.3 is amended by--
    A. Revising paragraphs (a)(2) and (a)(3); and
    B. In paragraph (b), removing the words ``paragraphs (b)(2)(ii) and 
(b)(3)(ii)'' and adding, in their place, the words ``paragraphs 
(a)(2)(i)(A) and (a)(3)(i)(A)''.
    The revisions read as follows:


Sec.  611.3  What procedures does the Secretary use to award a grant?

* * * * *
    (a) * * *
    (2) For the Partnership Grants Program, the Secretary may use a 
two-stage application process to determine which applications to fund.
    (i) If the Secretary uses a two-stage application process, the 
Secretary uses--
    (A) The selection criteria in Sec. Sec.  611.21 through 611.22 to 
evaluate pre-applications submitted for new grants, and to determine 
those applicants to invite to submit full program applications; and
    (B) For those applicants invited to submit full applications, the 
selection criteria and competitive preference in Sec. Sec.  611.23 
through 611.25 to evaluate the full program applications.
    (ii) If the Secretary does not use a two-stage application process, 
the Secretary uses the selection criteria and competitive preference in 
Sec. Sec.  611.23 through 611.25 to evaluate applications.
    (3) For the Teacher Recruitment Grants Program, the Secretary may 
use a two-stage application process to determine which applications to 
fund.
    (i) If the Secretary uses a two-stage application process, the 
Secretary uses--
    (A) The selection criteria in Sec.  611.31 to evaluate pre-
applications submitted for new grants, and to determine those 
applicants to invite to submit full program applications; and
    (B) For those applicants invited to submit full applications, the 
selection criteria in Sec.  611.32 to evaluate the full program 
applications.
    (ii) If the Secretary does not use a two-stage application process, 
the Secretary uses the selection criteria in Sec.  611.32 to evaluate 
applications.
* * * * *

PART 637--MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM

    14. The authority citation for part 637 continues to read as 
follows:

    Authority: 20 U.S.C. 1067-1067c, 1067g-1067k, 1068, 1068b, 
unless otherwise noted.

    15. Section 637.31 is amended by--
    A. Revising paragraph (b); and
    B. Removing paragraph (c) and redesignating paragraphs (d)(1), (2), 
and (3) as paragraphs (c)(1), (2), and (3), respectively.
    The revision reads as follows:


Sec.  637.31  How does the Secretary evaluate an application?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or

[[Page 76640]]

in a notice published in the Federal Register.
* * * * *
    16. Section 637.32 is amended by--
    A. Revising the introductory text;
    B. Removing all of the parentheticals that end in ``points)'';
    C. In paragraph (a)(2)(v), removing the parenthetical ``(See EDGAR 
34 CFR 75.581)'' and adding, in its place, the parenthetical ``(See 34 
CFR 75.580)''.
    D. In paragraph (b)(2)(iv), removing the word ``groups'' the second 
time it appears and adding, in its place, the word ``group'';
    E. In paragraph (d), removing the parenthetical ``(See EDGAR 34 CFR 
75.590--Evaluation by the grantee; where applicable)'' and adding, in 
its place, the parenthetical ``(See 34 CFR 75.590)';
    F. Removing the authority citation that appears immediately before 
paragraph (f); and
    G. Revising paragraph (f)(2)(iii).
    The revisions read as follows:


Sec.  637.32  What selection criteria does the Secretary use?

    The Secretary evaluates applications on the basis of the criteria 
in this section.
* * * * *
    (f) * * *
    (2) * * *
    (iii) Involvement of appropriate individuals, especially science 
faculty, in identifying the institutional needs.
* * * * *

PART 648--GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED

    17. The authority citation for part 648 continues to read as 
follows:

    Authority: 20 U.S.C. 1135-1135ee, unless otherwise noted.

    18. Section 648.30 is amended by--
    A. Revising paragraph (b); and
    B. Removing paragraph (c).
    The revision reads as follows:


Sec.  648.30  How does the Secretary evaluate an application?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
    19. Section 648.31 is amended by--
    A. Removing all of the parentheticals that end in points)''; and
    B. Revising the introductory text to read as follows:


Sec.  648.31  What selection criteria does the Secretary use?

    The Secretary evaluates an application on the basis of the criteria 
in this section.
* * * * *

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

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

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

    21. Section 656.20 is amended by revising paragraph
    (b) to read as follows:


Sec.  656.20  How does the Secretary evaluate an application?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
* * * * *
    22. Section 656.21 is amended by--
    A. Removing all of the parentheticals that end in ``points)''; and
    B. Revising the introductory text to read as follows:


Sec.  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.
* * * * *
    23. Section 656.22 is amended by--
    A. Removing all of the parentheticals that end in ``points)''; and
    B. Revising the introductory text to read as follows:


Sec.  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.
* * * * *

PART 657--FOREIGN LANGUAGE AND AREA STUDIES FELLOWSHIPS PROGRAM

    24. The authority citation for part 657 continues to read as 
follows:

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

    25. Section 657.20 is amended by--
    A. In paragraph (a), adding the word ``institutional'' before the 
word ``application''; and
    B. Revising paragraph (b) to read as follows:


Sec.  657.20  How does the Secretary evaluate an institutional 
application for an allocation of fellowships?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
* * * * *
    26. Section 657.21 is amended by--
    A. Removing all of the parentheticals that end in ``points)''; and
    B. Adding introductory text to read as follows:


Sec.  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.
* * * * *

PART 658--UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE 
PROGRAM

    27. The authority citation for part 658 continues to read as 
follows:

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

    28. Section 658.30 is revised to read as follows:


Sec.  658.30  How does the Secretary evaluate an application?

    (a) The Secretary evaluates an application from an institution of 
higher education or a combination of such institutions on the basis of 
the criteria in Sec. Sec.  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 the Federal Register.
    (b) The Secretary evaluates an application from an agency or 
organization or professional or scholarly association on the basis of 
the criteria in Sec. Sec.  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 the Federal Register.

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

    29. Section 658.31 is amended by--
    A. Removing the parentheticals ``(10)'' and ``(5)'' each time they 
appear; and
    B. Revising the introductory text to read as follows:

[[Page 76641]]

Sec.  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.
* * * * *
    30. Section 658.32 is amended by--
    A. Removing the parentheticals ``(15)'' and ``(10)'' each time they 
appear; and
    B. Revising the introductory text to read as follows:


Sec.  658.32  What additional criteria does the Secretary apply to 
institutional applications?

    In addition to the criteria referred to in Sec.  658.31, the 
Secretary evaluates an application submitted by an institution of 
higher education or a combination of such institutions on the basis of 
the criteria in this section.
* * * * *
    31. Section 658.33 is amended by--
    A. In paragraph (a), removing the parenthetical ``(30)''; and
    B. Revising the introductory text to read as follows:


Sec.  658.33  What additional criterion does the Secretary apply to 
applications from organizations and associations?

    In addition to the criteria referred to in Sec.  658.31, the 
Secretary evaluates an application submitted by an institution of 
higher education or a combination of such institutions on the basis of 
the criterion in this section.
* * * * *

PART 660--THE INTERNATIONAL RESEARCH AND STUDIES PROGRAM

    32. The authority citation for part 660 continues to read as 
follows:

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

    33. Section 660.30 is revised to read as follows:


Sec.  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 Sec. Sec.  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 the Federal Register.
    (b) The Secretary evaluates an application for the development of 
specialized instructional materials on the basis of the criteria in 
Sec. Sec.  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 the Federal Register.

(Authority: 20 U.S.C. 1125.)

    34. Section 660.31 is amended by--
    A. Removing all of the parentheticals that end in ``points)''; and
    B. Revising the introductory text to read as follows:


Sec.  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 the Federal 
Register.
* * * * *
    35. Section 660.32 is amended by--
    A. Removing all of the parentheticals that end in ``points)''; and
    B. Revising the introductory text to read as follows:


Sec.  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 Sec.  660.31, the 
Secretary evaluates an application for a research project, study, or 
survey on the basis of the criteria in this section.
* * * * *
    36. Section 660.33 is amended by--
    A. Removing all of the parentheticals that end in ``points)''; and
    B. Revising the introductory text to read as follows:


Sec.  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 Sec.  660.31, the 
Secretary evaluates an application to develop specialized instructional 
materials on the basis of the criteria in this section.
* * * * *

PART 661--BUSINESS AND INTERNATIONAL EDUCATION PROGRAM

    37. The authority citation for part 661 continues to read as 
follows:

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

    38. Section 661.30 is revised to read as follows:


Sec.  661.30  How does the Secretary evaluate an application?

    The Secretary evaluates an application for a grant under this 
program on the basis of the criteria in Sec.  661.31. The Secretary 
informs applicants of the maximum possible score for each criterion in 
the application package or in a notice published in the Federal 
Register.

(Authority: 20 U.S.C. 1130a.)

    39. Section 661.31 is amended by--
    A. Removing all of the parentheticals that end in ``points)'';
    B. In paragraph (e), adding the punctuation ``.'' after the word 
``resources''; and
    C. Revising the introductory text to read as follows:


Sec.  661.31  What selection criteria does the Secretary use?

    The Secretary evaluates an application for a grant under this 
program on the basis of the criteria in this section.
* * * * *

PART 662--FULBRIGHT-HAYS DOCTORAL DISSERTATION RESEARCH ABROAD 
FELLOWSHIP PROGRAM

    40. The authority citation for part 662 continues to read as 
follows:

    Authority: Section 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.

    41. Section 662.21 is amended by--
    A. Removing all of the parentheticals that end in ``points)'' and 
removing the parentheticals ``(10)'', ``(15)'', and ``(5)'' wherever 
they appear;
    B. In paragraph (c)(2), removing the word ``a''; and
    C. Revising paragraph (a) to read as follows:


Sec.  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 the Federal 
Register.
* * * * *

PART 663--FULBRIGHT-HAYS FACULTY RESEARCH ABROAD FELLOWSHIP PROGRAM

    42. The authority citation for part 663 continues to read as 
follows:

    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.

    43. Section 663.21 is amended by--
    A. Removing all of the parentheticals that end in ``points)'' and 
removing the parentheticals ``(10)'', ``(15)'', and ``(5)'' wherever 
they appear; and

[[Page 76642]]

    B. Revising paragraph (a) to read as follows:


Sec.  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 the Federal 
Register.
* * * * *

PART 664--FULBRIGHT-HAYS GROUP PROJECTS ABROAD FELLOWSHIP PROGRAM

    44. The authority citation for part 664 continues to read as 
follows:

    Authority: 22 U.S.C. 2452(b)(6), unless otherwise noted.

    45. Section 664.30 is amended by--
    A. Revising paragraph (a);
    B. Removing paragraph (b); and
    C. Redesignating paragraphs (c) and (d) as paragraphs (b) and (c), 
respectively.
    The revision reads as follows:


Sec.  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 Sec.  664.31. The Secretary 
informs applicants of the maximum possible score for each criterion in 
the application package or in a notice published in the Federal 
Register.
* * * * *
    46. Section 664.31 is amended by--
    A. Removing all of the parentheticals that end in ``points).'' and 
removing the parenthetical that ends in ``points)''; and
    B. Revising the introductory text to read as follows:


Sec.  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.
* * * * *

PART 669--LANGUAGE RESOURCE CENTERS PROGRAM

    47. The authority citation for part 669 continues to read as 
follows:

    Authority: 20 U.S.C. 1123, unless otherwise noted.

    48. Section 669.20 is revised to read as follows:


Sec.  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 Sec. Sec.  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 the Federal 
Register.

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

    49. Section 669.21 is amended by--
    A. Removing all of the parentheticals that end in ``points)'';
    B. In paragraph (c), removing the symbol ``Sec.  ''; and
    C. Revising the introductory text to read as follows:


Sec.  669.21  What selection criteria does the Secretary use?

    The Secretary evaluates an application on the basis of the criteria 
in this section.
* * * * *
[FR Doc. 04-28021 Filed 12-21-04; 8:45 am]
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