[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30743]
[[Page Unknown]]
[Federal Register: December 14, 1994]
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UNITED STATES INFORMATION AGENCY
22 CFR Part 514
[Rulemaking No. 110]
Exchange Visitor Program
AGENCY: United States Information Agency.
ACTION: Interim final rule with request for comment.
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SUMMARY: The Agency hereby publishes interim final rules governing its
oversight and administration of au pair programs. Au pair programs
permit foreign nationals to enter the United States for a period of one
year for the purpose of residing with an American host family while
participating directly in the home life of the family and providing
limited child care services. The foreign national also attends a United
States accredited post-secondary educational institution. These rules
are promulgated pursuant to Public Law 103-415 which authorizes the
continued operation, until September 30, 1995, of au pair programs
currently designated by the Agency.
DATES: These rules are effective February 15, 1995. With the exceptions
of Sec. 514.31(j) (1) and (4), and Sec. 514.31(k) these rules apply to
all au pair placements and operations as of February 15, 1995. The
provisions set forth at Sec. 514.31(j) (1) and (4) and Sec. 514.31(k)
shall apply only to au pair participants placed after February 15,
1995. Written comments regarding this rule will be accepted until
January 13, 1995.
ADDRESSES: Comments regarding this rule must be presented in duplicate
and addressed as follows: United States Information Agency, Office of
the General Counsel, Rulemaking 110, 301, 4th Street, SW., Washington,
DC 20547.
FOR FURTHER INFORMATION CONTACT:
Stanley S. Colvin, Assistant General Counsel, United States Information
Agency, 301 4th Street SW., Washington, DC 20547; Telephone, (202) 619-
6829.
SUPPLEMENTARY INFORMATION: In January and April of 1986, USIA
designated, on a temporary basis, two organizations to carry out au
pair programs. These programs were to operate as pilot programs and
were governed by rather non-specific program guidelines developed
contemporaneously with the temporary designation. At the expiration of
this two-year ``trial'' period, an Agency determination was made not to
permanently designate these pilot programs. The decision not to grant
permanent designation was based upon a determination that the programs
were outside the Agency's statutory authority to oversee educational
and cultural exchange activities.
As a result of the Agency's decision not to permanently designate,
representatives of these programs approached the Congress and secured
special legislation that obligated USIA to continue to implement their
au pair programs. This legislative directive was set forth in Public
Law 100-461 which also directed the General Accounting Office (GAO) to
examine the use of the J-visa in all exchange programs and to report
their findings. In light of this legislation and Congressional views,
the Agency designated six additional organizations, or ``sponsors,'' to
also conduct au pair programs.
The GAO report, issued in February 1990 and entitled,
``Inappropriate Uses of the J-Visa,'' determined that au pair programs,
as configured, were not consistent with the Agency's underlying organic
authorities as set forth in the Mutual Educational and Cultural
Exchange Act of 1961 (Fulbright-Hays Act). In response to this report,
the Agency again advised the now eight au pair sponsors, that their au
pair programs did not fall within the statutory parameters of the
Fulbright-Hays Act. In light of the GAO Report findings, the Agency
also sought legislation to transfer the au pair programs to another
U.S. Government agency. Agency efforts to transfer au pair programs to
another agency were not entirely successful. Pursuant to Public Law
101-454, the Congress directed that USIA continue to implement the
eight designated au pair programs, under the same terms and conditions,
until the programs, could be transferred to a more appropriate federal
agency. As a result of this legislation, the Agency continued to find
itself responsible for the implementation of the au pair programs but
without statutory or regulatory authority to oversee them adequately.
No further Congressional action regarding au pair programs was
undertaken until October 7, 1994, when Congress passed the Technical
Amendments to the State Basic Authorities Act (Public Law 103-415).
This legislation authorized the Agency, for the first time, to
promulgate regulations specifically governing the au pair programs. The
legislation also stipulated that USIA would be required to administer
the programs only until September 30, 1995. While speaking on the House
floor before passage of this bill, Chairman of the House Foreign
Affairs Committee, Lee Hamilton, explained:
* * * the bill waives Section 555 of Public Law 101-461 and
other provisions of law to allow the Director of the U.S.
Information Agency to administer au pair programs through fiscal
year 1995. The bill requires these programs to be administered in a
manner consistent with the Mutual Educational and Exchange Act and
requires USIA to promulgate regulations for the conduct of au pair
programs.
There are serious questions to be raised about how, whether, and
by which Federal agency this program should be conducted. The one-
year authority contained in this legislation is designed to ensure
that USIA issue appropriate regulations for the screening of
organizations and individuals participating in the program. The
Committee intends to examine carefully this program, and the
permanent authority under which it should operate, during
consideration of the regular fiscal year 1996 authorization for
USIA.
Congressional Record, September 19, 1994, H 9172.
With this clear directive, the Agency has undertaken the task of
crafting regulations to govern the au pair programs that are both
consistent with the provisions of the Fulbright-Hays Act and which also
provide safeguards for au pair participants and the American host
families with whom they are placed. Given the wide popularity of these
programs--and the criticisms of the programs--the Agency concluded that
the views of the au pair organizations, interested members of the
public and the views of those congressional offices possessing
jurisdiction of educational and cultural exchange programs must be
considered. As a result, these regulations have not been drafted in a
vacuum but rather incorporate the views of as many interested persons
as practicable. Accordingly, given this wide participation and the
statutory deadline imposed by the Congress, the Agency is of the
opinion that interim final regulations are appropriate.
Selection and Screening
The first area to which the Agency turned its attention was that of
screening and placement. Given eight years of program operation, the
Agency was familiar with the manner in which au pair participants are
recruited and screened and is of the opinion that enhancements to these
procedures are needed. Regulations set forth at Sec. 514.31 (d) require
that au pair participants be between the ages of 18 and 26, be
secondary school graduates, and be proficient with the English
language. Au pair participants are required to be interviewed in person
for the purpose of ascertaining their English language proficiency. The
Agency is also requiring that au pair participants successfully pass a
reference and background investigation, including a criminal records
check. The Agency anticipates that sponsors will, during this process,
screen out all persons having previously participated in an au pair
program in the United States.
The Agency recognizes that, in the past, overseas agents working on
behalf of the au pair organizations have been responsible for the
recruitment and screening of au pair participants. This relationship
has proven problematic as evidenced by complaints that au pair
participants have been inadequately screened. Henceforth, the Agency
will hold au pair organizations strictly accountable for any failure by
their designated agent to meet the selection and screening requirements
set forth in this regulation.
Au pair sponsors will also be responsible for the screening of
potential host families pursuant to regulations set forth at
Sec. 514.31(h). Specifically, all family members resident in the home
must be personally interviewed and all family members must also be U.S.
citizens or legal permanent residents. Au pair organizations must also
ensure that all family members resident in the home have successfully
passed a background investigation and that the family has adequate
financial resources to successfully meet hosting obligations.
Placement, Training and Orientation
Particular attention to the placement of an au pair participant
with an American host family has resulted in new and specific
requirements which are set forth in Sec. 514.31(e). Because the au pair
will provide child care services for the host family, the Agency has
concluded that an au pair's responsibility for infant children merits
special attention and should be limited. Accordingly, sponsors are
prohibited from placing an au pair with a host family having a child
less than three months old unless a parent or other responsible adult
is present in the home and is responsible for the child. Given the
special care needs of infant children, sponsors will also be required
not to place au pairs with families having children under two years of
age unless the au pair is at least twenty-one years old and has at
least six months of documented infant child care experience. The Agency
does not intend to set a minimum standard regarding documented infant
child care experience. However, evidence of employment by nurseries,
day care centers, or other similar infant child care providers is
deemed appropriate.
In order to ensure the best possible adjustment period for the au
pair and the host family, the Agency has determined that a placement
transition period is appropriate. To this end, sponsors will not be
allowed to place an au pair with a host family unless one or both
parents have agreed to remain in the home for the first week following
the au pair's placement with the family. The Agency is advised that
many families, if not most, have followed this practice in the past and
the Agency believes it to not be overly disruptive given the benefits
to be gained. Specifically, this week-long transition will allow the au
pair to become familiar with the family home, practices and its members
without the distractions inherent in total responsibility for the care
of the children. Also, to further minimize possible friction between
the host family and the au pair participant, sponsors will be required
to secure, prior to placement, a concise, signed, written agreement
between the host family and the au pair detailing the hours and days of
child care services that the au pair will be required to perform.
As a further programmatic enhancement, the Agency is introducing a
requirement, set forth at Sec. 514.31(g), governing child safety and
child development instruction. Specifically, sponsors will be required
to provide au pair participants with sixteen hours of child safety
instruction. At the suggestion of sponsors, the Agency will allow this
safety instruction to be provided in the au pair's home country. It is
anticipated that a standardized safety course will be developed and
adopted by all eight sponsors with the assistance of a nationally
recognized organization expert in health and safety instruction.
Sponsors will also provide au pair participants with not less than
twenty-four hours of child development instruction. Both the child
safety and child development instruction requirements will be completed
prior to the au pair's placement with the host family.
The Agency has long required that sponsors conducting educational
and cultural exchange programs provide orientation to program
participants. Requirements specifically governing au pair activities
are set forth at Sec. 514.31 (f) and (i). These requirements are in
addition to orientation requirements that apply to all educational and
cultural exchange programs as set forth in Sec. 514.10. Au pair
sponsors will be required to provide au pair participants with a
detailed profile of the family and community in which he or she will be
placed as well as the educational institutions available in the
community. This information will allow the au pair participant to
prepare in advance for the transition into the host family and
community and lessen the uncertainty that necessarily arises from
travel to a foreign country and living with a previously unknown
family.
To further assist in this transition, sponsors shall advise host
families of strategies regarding cross-cultural interaction and shall
also provide quarterly workshops on such issues. Both the au pair and
the host family must be provided with copies of Agency-promulgated
regulations governing au pair programs. Finally, au pair sponsors will
ensure that local counselors acting on their behalf contact the host
family and au pair within forty-eight hours of the au pair's arrival at
the host family's home and shall meet with the host family and au pair
in person within two weeks of arrival.
Stipend and Hours
The au pair concept evolved in Europe with young women
participating in the family life of a host family while serving as a
``mother's helper.'' This European model is based upon the au pair
providing thirty hours of service to the host family and the payment of
a token weekly stipend or ``pocket money.'' However, in adapting the au
pair concept to the United States, au pair sponsors developed a program
based upon the au pair providing up to forty-five hours of child care
services for the host family and receiving one hundred dollars a week
for such services. As a result, substantial controversy surrounds the
number of hours that au pair participants provide child care services
and the compensation they receive.
The Agency has found the question of hours and compensation to be
extremely vexing. Sponsors and host families uniformly plead that the
au pair concept is not viable in the United States unless the au pair
participant may provide up to the forty-five hours of child care
services originally allowed in the pilot programs. Although not
entirely convinced that au pair programs would not be viable with
reduced hours, the Agency elects to continue, during this
Congressionally-mandated period, these programs based upon forty-five
hours.
Based upon evidence that this forty-five-hour maximum has been
ignored by some host families, the Agency proposes to ensure compliance
with this requirement by making sponsors strictly accountable for its
enforcement. Accordingly, pursuant to Sec. 514.31(o), the Agency may
commence immediate program revocation proceedings against a sponsor who
fails to enforce and monitor a host family's compliance with this
requirement.
The Agency has set forth at Sec. 514.31(j) specific provisions
regarding hours of work. In addition to the forty-five hours a week
maximum, au pairs may not provide more than nine hours of child care
services on any given day. Au pairs must receive a minimum of one-and-
a-half days off per week in addition to one complete weekend off each
month. With this approach, au pairs providing forty-five hours of child
care services per week will have every weekend off while those
providing less than forty-five hours will be covered by the one-and-a-
half days per week provision. In addition, au pair participants shall
receive two weeks of paid vacation.
The Agency has examined the question of au pair compensation and
has sought guidance from regulations governing payment of minimum wage
promulgated by the Department of Labor. An au pair living with a host
family presents an analogous relationship to that contemplated at 29
CFR 552.100. The Agency defers, to more appropriate authorities, the
determination of whether an employer/employee relationship is
established between the au pair and the host family. However, au pair
participants provide child care services to their host families and may
properly expect compensation for such services.
At 29 CFR 552.100 the Department of Labor authorizes a credit in
the amount of $36 against the federal hourly minimum wage for food and
board provided to employees living on an employer's premises. The
Agency adopts the $36 credit approach authorized by the Department of
Labor in order to ensure that all au pair participants receive uniform
compensation.
The Agency notes that this Department of Labor regulation was last
amended in 1979. Accordingly, the Agency believes that the cost of room
and board is probably in excess of the allowed $36 credit. However, the
Agency is without expertise and authority in matters regarding the
calculation of minimum wage and credits for room and board permitted in
such instances. Comments regarding the actual cost to host families
will be viewed by the Agency as highly instructive and the Agency
anticipates that such comments will be used by the Department of Labor
as evidence that the credit against minimum wage for room and board
received by au pairs should be in excess of $36. Accordingly, the
Agency is obligated to require that au pairs receive a weekly stipend
of $155 until such time that the Department of Labor indicates that a
higher amount may be used as a credit in the formulation of minimum
wage.
Educational Component
The Agency is requiring that au pair participants pursue not less
than six hours of academic credit during their year of program
participation. This requirement is imposed to ensure that au pair
programs possess, to some degree, the educational and cultural
hallmarks of Exchange Visitor Program activities authorized by the
Mutual Educational and Cultural Exchange Act of 1961. The Agency is of
the opinion that this requirement will, in fact, provide educational
opportunities to participants that may not be available to them in
their home country.
This requirement, as set forth at Sec. 514.31(k) shall be met by
enrollment in an accredited post-secondary institution. The Agency
proposes to interpret ``post-secondary institution'' broadly and
anticipates that participants will enroll at community colleges as well
as proprietary schools located in the community in which the au pair
participant is placed. In similar fashion, ``six semester hours'' also
includes the academic equivalent at institutions operating on the
trimester or quarterly academic calendar.
Host families will be expected to facilitate the au pair's
enrollment and attendance at the chosen academic institution. The host
family is also required to pay the cost of this educational component
or requirement on behalf of the au pair in an amount not to exceed
$500. In those instances where the educational stipend is insufficient
to cover the full cost of attendance at the educational institution,
the au pair will be responsible for the additional cost.
Monitoring and Reporting Requirements
With an eye towards program efficiency and effectiveness, and
cognizant of limited Agency resources, the Agency is imposing four
specific monitoring requirements designed to ensure satisfactory
compliance with these regulatory provisions. Pursuant to
Sec. 514.31(m), au pair sponsors are responsible for ensuring monthly
personal contact with each au pair and host family participating in
their program. In part, this contact will ensure that the au pair is
not working in excess of forty-five hours per week and is enrolled and
making satisfactory progress in his or her academic pursuits. This
monthly contact will also allow for the resolution of conflicts between
the host family and the au pair before the conflicts become
insurmountable and necessitate the au pair's possible removal from the
home or the host family's possible removal from the program. As an
additional safeguard, regional representatives acting on behalf of the
au pair sponsors will be required to make quarterly contact with each
host family and au pair.
Both the local and regional representatives will be required to
report to the au pair sponsor any unusual or serious situations or
incidents involving either the au pair or host family. In similar
fashion, au pair sponsors will be required to promptly report to the
Agency, any incidents involving or alleging a crime of moral turpitude
or violence. Moral turpitude is interpreted by the Agency as
specifically including, but not limited to, allegations of theft,
sexual misconduct, and child abuse. Sponsors will also be required to
report to the Agency incidents which could bring the Exchange Visitor
Program or the Agency into notoriety or disrepute.
In order to assist the Agency in its oversight of these programs,
the Agency is imposing six specific reporting requirements set forth at
Sec. 514.31(n). Included, is a requirement that sponsors submit, on an
annual basis, a copy of all advertising and promotional materials used
in the recruitment of host families or au pair participants. The Agency
imposes this requirement in order to monitor effectively
representations made regarding program participation.
Au pair sponsors will be expected to conduct an annual survey of
all host families and au pair participants and provide a summation of
program satisfaction. Also required will be a summation of all
complaints lodged with the sponsor regarding participation in the
program and the resolution made by the sponsor for such complaints. The
Agency anticipates that this information will provide guidance
regarding the possible need for additional regulation or program
modification.
Comment
The Agency invites comments regarding this interim final rule
notwithstanding the fact that it is under no legal requirement to do
so. The oversight and administration of the Exchange Visitor Program
are deemed to be foreign affairs functions of the United States
Government. The Administrative Procedures Act, 5 U.S.C. 553(a)(1)(1989)
specifically exempts foreign affairs functions from the rulemaking
requirements of the Act.
The Agency will accept comments for 30 days following publication
of this interim final rule. A final rule will be adopted upon Agency
review of all comments received.
In accordance with 5 U.S.C. 605(b), the Agency certifies that this
rule does not have a significant adverse economic impact on a
substantial number of small entities. This rule is not considered to be
a major rule within the meaning of Section 1(b) of E.O. 12291, nor does
it have federal implications warranting the preparation of a Federalism
Assessment in accordance with E.O. 12612.
The information collection requirements contained in this rule have
been presented to the Office of Management and Budget for clearance
pursuant to the provisions of the Paperwork Reduction Act.
List of Subjects in 22 CFR Part 514
Cultural Exchange Programs.
Dated: December 9, 1994.
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:
Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1258; 22 U.S.C. 1431-
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. Part 514 is amended by adding a new Sec. 514.31 to read as
follows:
Sec. 514.31 Au pairs.
(a) Introduction. These regulations govern Agency-designated
exchange visitor programs under which foreign nationals are afforded
the opportunity to live with an American host family and participate
directly in the home life of the host family while providing limited
child care services and attending a U.S. post-secondary educational
institution of higher education.
(b) Program designation. The Agency may, in its sole discretion,
designate bona fide programs satisfying the objectives set forth in (a)
above. Such designation shall be for a period of two years and may be
revoked by the Agency for good cause.
(c) Program eligibility. Sponsors designated by the Agency to
conduct au pair exchange programs shall:
(1) Limit the participation of foreign nationals in such programs
to not more than one year;
(2) Limit the number of hours an au pair participant is obligated
to provide child care services to not more than 45 hours per week;
(3) Require that the au pair participant enrolls in a U.S.
institution of higher education for not less than six semester hours of
academic credit or its equivalent;
(4) Require that all officers, employees, agents, and volunteers
acting on their behalf are adequately trained and supervised;
(5) Require that au pair participant is placed with a host family
within one hour's driving time of the home of the local organizational
representative authorized to act on the sponsor's behalf in both
routine and emergency matters arising from the au pair's participation
in their exchange program;
(6) Require that each local organizational representative maintain
a schedule of personal monthly contact (or more frequently as required)
with each au pair and host family for which he or she is responsible;
(7) Require that local organizational representatives not devoting
their full time and attention to their program obligations are
responsible for no more than fifteen au pairs and host families; and
(8) Require that each local organizational representative is
provided adequate support services by a regional organizational
representative.
(d) Au pair selection. In addition to satisfying the requirements
of Sec. 514.10(a), sponsors shall ensure that all participants in a
designated au pair exchange program:
(1) Are between the ages of 18 and 26;
(2) Are a secondary school graduate, or equivalent;
(3) Are proficient in spoken English;
(4) Are capable of fully participating in the program as evidenced
by the satisfactory completion of a physical;
(5) Have been personally interviewed, in English, by an
organizational representative; and
(6) Have successfully passed a background investigation that
includes verification of school, three, non-family related personal and
employment references, a psychological profile and a criminal record
check.
(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 one or both parents will remain in the home
during the first week 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 is at least twenty-one years of age and
has at least six months of documented infant child care experience.
(4) Place the au pair with a family unless a concise agreement
between the au pair and host family regarding the hours and days of
child care services has been signed by both; and
(5) Place the au pair with a family who can not provide the au pair
with a suitable private bedroom.
(f) Au pair orientation. In addition to the orientation
requirements set forth herein 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; and
(4) A detailed summary of travel arrangements.
(g) Au pair training. Sponsors shall provide the au pair
participant with child development and child safety instruction, as
follows:
(1) Prior to departure from the home country, the au pair
participant shall receive not less than sixteen hours of child safety
instruction; and
(2) Prior to placement with the American host family, the au pair
participant shall receive not less than twenty-four hours of child
development instruction.
(h) Host family selection. Sponsors shall adequately screen all
potential host families and at a minimum shall:
(1) Require that all family members are U.S. citizens or legal
permanent residents;
(2) Require that all family members are fluent in spoken English;
(3) Require that all family members resident in the home have been
personally interviewed by an organizational representative;
(4) Require that all family members have successfully passed a
background investigation including employment and personal references;
(5) Require that the host family has adequate financial resources
to undertake hosting obligations; and
(6) Provide a written detailed summary of the exchange program and
the parameters of their and the au pair's duties, participation, and
obligations.
(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;
(2) Provide all selected host families with a copy of Agency-
promulgated Exchange Visitor Program regulations;
(3) Advise all selected host families of strategies governing
cross-cultural interaction and conduct quarterly workshops or seminars
on child care or cross-cultural issues. Host family attendance at such
workshops or seminars is a condition of program participation and
failure to attend will be grounds for possible termination of their
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
forty-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's home.
(j) Stipend and hours. Sponsors shall require that au pair
participants:
(1) Are compensated at a rate of not less than $155.00 per week;
(2) Do not provide more than 9 hours of child care on any given
day;
(3) Receive a minimum of one and a half days off per week in
addition to one complete weekend off each month; and
(4) Receive two weeks of paid vacation.
(k) Educational component. Sponsors shall require that during the
period of program participation, all au pair participants are enrolled
in an accredited post-secondary institution for not less than six hours
of academic credit (or its equivalent). As a condition of program
participation, host family participants must agree to facilitate the
enrollment and attendance of the au pair and to pay the cost of such
academic course work in an amount not to exceed $500.
(l) Performance bond. Sponsors shall collect and hold in a
segregated bank account a performance bond in the amount of $500 from
each au pair participating in their exchange program. The bond shall be
returned to the au pair participant no more than thirty days following
his or her return to their home country. In the event that the au pair
participant fails to return to their home country upon successful
program completion or termination, the performance bond shall be
forfeited and the sponsor shall donate the bond to an internationally
recognized charitable organization dedicated to the advancement of
child welfare.
(m) Monitoring. Sponsors shall fully monitor all au pair exchanges,
and at a minimum shall:
(1) Require monthly personal contact by the local counselor with
each au pair and host family for which the counselor is responsible.
Counselors shall maintain a record of this contact;
(2) Require quarterly contact by the regional counselor with each
au pair and host family for which the counselor is responsible.
Counselors shall maintain a record of this contact;
(3) Require that all local and regional counselors are apprised of
their obligation to report unusual or serious situations or incidents
involving either the au pair or host family; and
(4) Promptly report to the Agency any incidents involving or
alleging a crime of moral turpitude or violence.
(n) 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 an au pair participant with more than one host family;
(4) A report by a certified public accountant 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.
(o) Sanctions. In addition to the sanctions provisions set forth at
Sec. 514.50, the Agency may undertake immediate program revocation
procedures upon documented evidence that a sponsor has failed to:
(1) Comply with the au pair placement requirements set forth in
paragraph (e) above;
(2) Satisfy the selection requirements for each individual au pair
as set forth in paragraph (d) above; and
(3) Enforce and monitor host family's compliance with the stipend
and hours requirements set forth in paragraph (j) above.
[FR Doc. 94-30743 Filed 12-13-94; 8:45 am]
BILLING CODE 8230-01-M
