[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Proposed Rules]
[Pages 17988-17990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9165]
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UNITED STATES INFORMATION AGENCY
22 CFR Part 514
Exchange Visitor Program
AGENCY: United States Information Agency.
ACTION: Proposed rule.
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SUMMARY: The regulations govern Agency-designated au pair 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 child care services and attending a
U.S. post-secondary educational institution. The Agency's goal in
proposing amendment of these existing regulations is to strengthen the
oversight and general accountability of the au pair program and to
identify and reduce potential risk of injury to program participants.
These 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 is also proposed.
DATES: Written comments regarding this proposed rule will be accepted
until May 13, 1999.
ADDRESSES: Comments regarding this proposed rule must be presented in
duplicate and addressed as follows: United States Information Agency,
Office of General Counsel, Rulemaking Clerk, 301 4th Street, S.W.,
Washington, D.C. 20547.
FOR FURTHER INFORMATION CONTACT: Sally Lawrence, Exchange Visitor
Program Services, Program Designation Branch, United States Information
Agency, 301 4th Street, S.W., Washington, D.C. 20547; Telephone (202)
401-9810.
SUPPLEMENTARY INFORMATION: The Agency has conducted a review of the
consumer aspects of the au pair program and determines that certain
regulatory amendments to existing regulations should improve the
quality of the program, enhance child safety, promote transparency, and
generally further the public understanding of this program.
Specifically, the Agency has identified a systemic program arising from
the advertising and promotion of the program. Often, this advertising
promotes au pair participation as an opportunity to travel and
experience life in the United States without a full explanation of the
significant child care requirements that underlie the program.
Conversely, the advertising directed towards American host families
often promotes only the child care aspects of the program and fails to
stress the educational and cultural benefits that the program should
provide to the au pair participant.
Accordingly, to promote a better understanding of the program the
Agency is proposing to amend the existing regulations set forth at
Secs. 514.31(f)(2) and 514.31(i) to require that all designated au pair
program sponsors provide host families and potential au pairs with a
brochure written by the Agency. This brochure explains fully the
program obligations for both the au pair and host family participants
and will enhance the overall integrity of the au pair program by
providing written notice of these obligations.
The question of how best to provide for the inclusion of American
families with self-identified special needs children has been raised.
Au pairs are not personal attendants or nurses and will not have
specialized training in nursing. Accordingly, au pairs will not provide
child care services relating to the care and protection of infants or
children which are performed by trained personnel such as registered,
vocational, or practical nurses. Mindful that the au pair program
should be available to families with special needs children, the Agency
is of the opinion that host family participation may be limited by the
number of available au pair participants willing to accept such family
placements. Further, it appears that au pair participants placed with
families having special needs children should be better prepared for
the demands that may arise from such placements. With these
considerations in mind, the Agency proposes amendment of Sec. 514.31(e)
to ensure that both the au pair participant and host family are fully
apprised of the unique responsibilities that may arise from this type
of placement. To this end, the au pair will self-identify, and the
sponsor will take rasonable steps to verify, his or her prior
experience, skills, and training regarding the care of special needs
children and the host family will be required to review and
specifically acknowledge their acceptance of such experience, skills,
and training. The Agency proposes this requirement to ensure that an au
pair participant placed with a special needs child has accurately
described any prior experience and that the au pair and host family are
thus fully informed regarding duties and experience.
As a related au pair placement matter, the Agency also proposes
amendment of Sec. 514.31(e) to require that sponsors not place an au
pair with a host family until the host family has interviewed the au
pair by telephone. The Agency is of the opinion that most host families
do in fact interview the potential au pair by telephone. To provide
additional assurances to the host family regarding the au pair's
English speaking ability, the Agency believes that this general
practice of conducting a telephone interview should be made mandatory.
The Agency is also proposing an amendment to Sec. 514.31 (m) to
require that designated sponsors utilize a standard management audit
format supplied by the Agency. This management auditing requirement was
first adopted in 1995 and is designed to ensure that designated
sponsors are in full compliance with Agency regulations. The Agency has
now reviewed three years of management audits submitted in response to
this regulation. The audits vary substantially in quality and content.
Because this management audit is crucial to the Agency's oversight of
the au pair program the public has a vested interest in ensuring that
the quality, content, and integrity of the audit process is uniform and
useful as a management oversight tool. Accordingly, the Agency
[[Page 17989]]
is of the opinion that it should have a standard audit format prepared
and distributed to each au pair organization who will in turn have a
certified public accountant of its choice conduct the audit in
conformance with the standard audit format. The filing date for
submission of this annual audit would be advanced from the current
filing date of March 30th to June 30th. This change will benefit both
sponsors and auditors by delaying the filing requirement until after
the tax season.
Public Comment
The Agency invites comments regarding this proposed rule
notwithstanding the fact that it is under no legal obligation 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 proposed rule. A final rule will be adopted following Agency
consideration of all comments received.
In accordance with 5 U.S.C. 605(b), the Agency certifies 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.
List of Subjects in 22 CFR Part 514
Cultural exchange programs.
Dated: April 7, 1999.
Les Jin,
General Counsel.
Accordingly, 22 CFR part 514 is proposed to be 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. 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, and the sponsor has taken reasonable steps to
verify, 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 and so verified;
(5) Place an 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 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;
(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 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 home.
* * * * *
(m) Reporting requirements. Along with the annual report required
by
[[Page 17990]]
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 management audit 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
pamphlet distributed to either host family or au pair participants.
* * * * *
[FR Doc. 99-9165 Filed 4-12-99; 8:45 am]
BILLING CODE 8230-01-M
