[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Rules and Regulations]
[Pages 53929-53930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25690]
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UNITED STATES INFORMATION AGENCY
22 CFR Part 514
Exchange Visitor Program
AGENCY: United States Information Agency.
ACTION: Final rule.
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SUMMARY: By notice published April 13, 1999 (64 FR 17988) the Agency
proposed amendment of existing au pair regulations in order to
strengthen the oversight and general accountability of the au pair
program and to identify and reduce the potential risk of injury to
program participants. The proposed amendments will provide greater
specificity regarding the selection and orientation of both host family
and au pair participants, thereby enhancing the prospect for more
informed participation by both parties. Further proposed program
enhancements would require disclosure of prior experience for au pair
participants providing child care for special needs children. An
amendment to provide for uniform program audits was also proposed. A
thirty day public comment period was provided and twenty comments were
received by the Agency. These twenty comments all supported the
proposed rule as written. Accordingly, the proposed rule is hereby
adopted as final without change.
DATES: This rule is effective October 5, 1999.
FOR FURTHER INFORMATION CONTACT: Sally Lawrence, Branch Chief, Program
Designation Branch, Exchange Visitor Services, 301 4th Street, S.W.,
Washington, D.C. 20547; telephone, (202) 401-9800.
List of Subjects in 22 CFR Part 514
Cultural exchange program, Reporting and recordkeeping
requirements.
Dated: September 28, 1999.
Les Jin,
General Counsel.
Accordingly, 22 CFR part 514 is amended as follows:
PART 514--EXCHANGE VISITOR PROGRAM
1. The authority citation for part 514 continues to read as
follows:
[[Page 53930]]
Authority: 8 U.S.C. 1101(a)(15)(j), 1182, 1258; 22 U.S.C. 1421-
1442, 2451-2460; Reorganization Plan No. 2 of 1977, 42 FR 62461, 3
CFR, 1977 Comp. p. 200; E.O. 12048, 43 FR 13361, 3 CFR, 1978 Comp.
p. 168; USIA Delegation Order No. 85-5 (50 FR 27393).
2. Section 514.31 paragraph (e), (f), (h), (i), and (m) are revised
to read as follows:
Sec. 514.31 Au pairs.
* * * * *
(e) Au pair placement. Sponsors shall secure, prior to the au
pair's departure from the home country, a host family placement for
each participant. Sponsors shall not:
(1) Place an au pair with a family unless the family has
specifically agreed that a parent or other responsible adult will
remain in the home for the first three days following the au pair's
arrival;
(2) Place an au pair with a family having a child aged less than
three months unless a parent or other responsible adult is present in
the home;
(3) Place an au pair with a host family having children under the
age of two, unless the au pair has at least 200 hours of documented
infant child care experience;
(4) Place an au pair with a host family having a special needs
child, as so identified by the host family, unless the au pair has
specifically identified his or her prior experience, skills, or
training in the care of special needs children and the host family has
reviewed and acknowledged in writing the au pair's prior experience,
skills, or training so identified;
(5) Place the au pair with a family unless a written agreement
between the au pair and host family outlining the au pair's obligation
to provide not more than 45 hours of child care services per week has
been signed by both;
(6) Place the au pair with a family who cannot provide the au pair
with a suitable private bedroom; and
(7) Place an au pair with a host family unless the host family has
interviewed the au pair by telephone prior to the au pair's departure
from his or her home country.
(f) Au pair orientation. In addition to the orientation
requirements set forth at Sec. 514.10, all sponsors shall provide au
pairs, prior to their departure from the home country, with the
following information:
(1) A copy of all operating procedures, rules, and regulations,
including a grievance process, which govern the au pair's participation
in the exchange program;
(2) A detailed profile of the family and community in which the au
pair will be placed;
(3) A detailed profile of the educational institutions in the
community where the au pair will be placed, including the financial
cost of attendance at these institutions;
(4) A detailed summary of travel arrangements; and
(5) A copy of the Agency's written statement and brochure regarding
the au pair program.
* * * * *
(h) Host family selection. Sponsors shall adequately screen all
potential host families and at a minimum shall:
(1) Require that the host parents are U.S. citizens or legal
permanent residents;
(2) Require that host parents are fluent in spoken English;
(3) Require that all adult family members resident in the home have
been personally interviewed by an organizational representative;
(4) Require that host parents and other adults living full-time in
the household have successfully passed a background investigation
including employment and personal character references;
(5) Require that the host family have adequate financial resources
to undertake all hosting obligations;
(6) Provide a written detailed summary of the exchange program and
the parameters of their and the au pair's duties, participation, and
obligations; and
(7) Provide the host family with the prospective au pair
participant's complete application, including all references.
(i) Host family orientation. In addition to the requirements set
forth at Sec. 514.10 sponsors shall:
(1) Inform all host families of the philosophy, rules, and
regulations governing the sponsor's exchange program and provide all
families with a copy of the Agency's written statement and brochure
regarding the au pair program;
(2) Provide all selected host families with a complete copy of
Agency-promulgated Exchange Visitor Program regulations, including the
supplemental information thereto;
(3) Advise all selected host families of their obligation to attend
at least one family day conference to be sponsored by the au pair
organization during the course of the placement year. Host family
attendance at such a gathering is a condition of program participation
and failure to attend will be grounds for possible termination of their
continued or future program participation; and
(4) Require that the organization's local counselor responsible for
the au pair placement contacts the host family and au pair within
forth-eight hours of the au pair's arrival and meets, in person, with
the host family and au pair within two weeks of the au pair's arrival
at the host family home.
* * * * *
(m) Reporting requirements. Along with the annual report required
by regulations set forth at Sec. 514.17, sponsors shall file with the
Agency the following information:
(1) A summation of the results of an annual survey of all host
family and au pair participants regarding satisfaction with the
program, its strengths and weaknesses;
(2) A summation of all complaints regarding host family or au pair
participation in the program, specifying the nature of the complaint,
its resolution, and whether any unresolved complaints are outstanding;
(3) A summation of all situations which resulted in the placement
of au pair participant with more than one host family;
(4) A report by a certified public accountant, conducted pursuant
to a format designated by the Agency, attesting to the sponsor's
compliance with the procedures and reporting requirements set forth in
this subpart;
(5) A report detailing the name of the au pair, his or her host
family placement, location, and the names of the local and regional
organizational representatives; and
(6) A complete set of all promotional materials, brochures, or
pamphlets distributed to either host family or au pair participants.
[FR Doc. 99-25690 Filed 10-4-99; 8:45 am]
BILLING CODE 8230-01-M
