[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15372-15374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8676]
=======================================================================
-----------------------------------------------------------------------
UNITED STATES INFORMATION AGENCY
22 CFR Part 514
Exchange Visitor Program
AGENCY: United States Information Agency.
ACTION: Interim final rule with request for comment.
-----------------------------------------------------------------------
SUMMARY: The Agency is amending its regulations which will clarify the
procedures for requesting an extension of program duration for
designated sponsors seeking such extension on behalf of a professor or
research scholar participating in activities conducted by the sponsor.
This amendment will also provide new procedures whereby the Agency may
authorize a sponsor to design and conduct research programs that allow
for the participation of a professor or research scholar for a period
of time in excess of three years. Limitations governing the eligibility
for program participation of professor and research scholar
participants are also set forth. These limitations are set forth to
enhance the integrity and programmatic effectiveness of the Exchange
Visitor Program.
DATES: These rules are effective April 8, 1996. Written comments
regarding this rule will be accepted until May 23, 1996.
ADDRESSES: Comments regarding this rule must be presented in duplicate
and addressed as follows: United States Information Agency, Office of
the General Counsel, Rulemaking 120, 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)
619-4979.
SUPPLEMENTARY INFORMATION: On March 19, 1993, the Agency published a
final rule that set forth comprehensive regulations for the Exchange
Visitor Program (See 58 FR 15180.) This final rule defined clearly, the
obligations, duties and relationships owed to or existing between the
Agency, its designated exchange program sponsors, and exchange
participants. This rule also set forth, for the first time, specific
regulations governing professor and research scholar exchange
participants.
In formulating this comprehensive rule, the Agency consulted
extensively with designated sponsors conducting various exchange
activities under the umbrella of the Exchange Visitor Program. Thus,
the academic community was instrumental in assisting the Agency in its
drafting of regulations governing academic-based exchanges. This
assistance resulted in the devotion of particular attention to the
development of regulations governing professor and research scholar
regulations and the length of time such exchange visitors should be
permitted to participate in the Exchange Visitor Program.
Since 1949, a three year period of program duration has been
afforded to professor and research scholar participants. During the
development of the comprehensive rules published in 1993, the Agency
received numerous comments suggesting that the period of program
duration for professors and research scholars should be greater than
three years. The Agency studied these comments at length but was unable
to identify a compelling public diplomacy reason to abandon the long-
standing three year limitation governing the program participation of
professors and research scholars.
However, the Agency did recognize that in some circumstances an
extension of this three year period of program participation would
enhance the effectiveness of the Exchange Visitor Program. Accordingly,
and in consultation with the academic community, the Agency adopted
provisions that would allow the Responsible Officer of a designated
exchange program to extend, in his or her discretion and for a six
month period, the permitted length of program duration for a professor
or research scholar participating in that sponsor's program. Such six
month extension, if given, was to allow the professor or research
scholar to complete his or her program.
In similar fashion, the Agency adopted provisions whereby a
Responsible Officer could request that the Agency extend the program
duration of a professor or research scholar for up to an additional
three years. This regulatory provision, set forth at Sec. 514.20(j)),
has resulted in the false impression by some members of the academic
community that the period of time that a professor or research scholar
could participate in the program was now six, rather than three years.
This
[[Page 15373]]
impression is, in part, due to the Agency's use of the phrase ``good
cause'' in the regulations governing requests to the Agency for program
extensions. The academic community suggests that a professor or
research scholar's involvement in on-going research or an institution's
heavy reliance upon the professor or research scholar is sufficient to
satisfy the ``good cause'' threshold set forth in this regulation.
The Agency is of the opinion that on-going research and heavy
reliance as justification for an extension are not reconcilable with
the Agency's stated position that the period of program duration for a
professor or research scholar should remain at three years.
Accordingly, and in an effort to clarify and reinforce the Agency's
three year limitation on program duration, the ``good cause'' standard
is removed from Sec. 514.20(j) and replaced with an exceptional or
unusual'' circumstance standard. The Agency anticipates that
``exceptional or unusual'' circumstance will generally involve
situations in which the professor or research scholar has been
prevented from completing his or her program due to factors not
directly related to the project.
Due to the importance of maintaining valid program status and the
work authorization that flows therefrom, the Agency is adopting a time
requirement for the filing of extension requests. Such requests must be
filed with the Agency no less than 90 days from the expiration of the
exchange visitor's three year period of program duration. This time
limitation will permit the Agency to review the request and notify the
requesting sponsor well in advance of the expiration of the visitor's
program. Requests that are not timely filed will not be reviewed or
acted upon. The Agency will notify the requesting sponsor of its
decision which shall be the Agency's final decision. Requests for
reconsideration will not be accepted or acted upon.
At Sec. 514.20(i), the Agency restates the three year limitation on
program participation for professor and research scholar participants.
Also set forth in this regulation are new provisions whereby a
designated sponsor may request advance authorization from the Agency to
design and conduct a program in excess of three years duration. The
Agency is adopting very specific criteria for the authorization of such
programs in order to further the objectives and mission of the Exchange
Visitor Program. It is anticipated that participants in such programs
will be well advanced in their fields of study and considered senior
researchers or the equivalent thereof.
To this end, the Agency will readily authorize an extended program
in order to further international science projects conducted in the
United States. Also of interest to the Agency would be those programs
in which foreign-educated professor or research scholar participants
are selected for participation in foreign or United States Government
funded activities. Such projects and activities clearly promote the
public diplomacy mission underlying the Exchange Visitor Program.
The Agency adopts the foreign-educated requirement in order to
promote the exchange of international scholars. Such participants will
not, by definition, have spent years in undergraduate and graduate
studies at United States institutions or generally been afforded
assorted opportunities to work in the United States. The Agency
concludes that persons having previously spent years at United States
academic institutions as students or researchers will not further the
goals and objectives of the Exchange Visitor Program by participating
in yet another long-term project that prevents their return to their
home country.
Finally, the Agency adopts at Sec. 514.20(d), a new provision
directly limiting the eligibility for program participation of a
professor or research scholar. This provision is adopted as a safeguard
to the integrity of the Exchange Visitor Program. The Agency seeks to
prevent abuse of the exchange Visitor Program by prohibiting
participation by persons that have been in J visa status for a twelve
month period immediately preceding their participation as a professor
or research scholar. Accordingly, this regulation will bring to an end
the practice of issuing an IAP-66 form to a participant that has
completed a three year program as a professor or research scholar and
having that person exit the country and reenter under a ``new''
program. Further, this regulation will prohibit a student in J status
from becoming a professor research scholar participant unless Agency
authorization is given pursuant to Sec. 514.41.
Comment
The Agency concludes that these regulatory amendments increase the
clarity of promulgated regulations and will result in an enhanced
consistency of application. Further, these amendments will allow for
the more efficient utilization of scarce Agency resources. 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 Untied 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 45 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.
List of Subjects in 22 CFR Part 514
Cultural Exchange Programs.
Dated: April 3, 1996.
R. Wallace Stuart,
Acting 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. Section 514.20 is amended by revising paragraphs (d), (i), and
(j) to read as follows:
Sec. 514.20 Professors and research scholars.
* * * * *
(d) Visitor eligibility. An individual may be selected for
participation in the Exchange Visitor Program as a professor or
research scholar subject to the following conditions:
(i) The participant is not placed in a tenure track position; and
(ii) The participant has not held or been afforded nonimmigrant
status under the provisions of 8 U.S.C. 1101(a)(15)(J) for the twelve
month period immediately preceding a sponsor's issuance of an IAP-66
form to the participant, unless the participant is transferring to the
sponsor's program as provided in Sec. 514.42.
* * * * *
(i) Duration of participation. The permitted duration of program
[[Page 15374]]
participation for a professor or research scholar shall be as follows:
(1) General limitation. The professor and research scholar shall be
authorized to participate in the Exchange Visitor Program for the
length of time necessary to complete his or her program, which time
shall not exceed three years.
(2) Exceptional circumstance. The Agency may authorize a designated
Exchange Visitor Program sponsor to conduct an exchange activity
requiring a period of program duration in excess of three years. A
sponsor seeking to conduct an activity requiring more than the
permitted three years of program duration shall make written request to
the Agency and secure written Agency approval. Such request shall
include:
(i) A detailed explanation of the exchange activity;
(ii) A certification that only foreign educated research scholars
will be selected to participate in the activity;
(iii) A certification that the research scholar will be supported
by United States or foreign government funds or that the research
scholar was selected for participation in the activity by a foreign
government.
(3) Change of category. A change between the categories of
professor and research scholar shall not extend an exchange visitor's
permitted period of participation beyond three years.
(j) Extension of program. Professors and research scholars may be
authorized program extensions as follows:
(1) Responsible officer authorization. A responsible officer may
extend, in his or her discretion and for a period not to exceed six
months, the three year period of program participation permitted under
Sec. 514.20(i). The responsible officer exercising his or her
discretion shall do so only upon their affirmative determination that
such extension is necessary in order to permit the research scholar or
professor to complete a specific project or research activity.
(2) Agency authorization. The Agency may extend, upon request and
in its sole discretion, the three year period of program participation
permitted under Sec. 514.20(i). A request for Agency authorization to
extend the period of program participation for a professor or research
scholar shall:
(i) Be submitted to the Agency no less than 90 days prior to the
expiration of the participant's permitted three year period of program
participation; and
(ii) Present evidence, satisfactory to the Agency, that such
request is justified due to exceptional or unusual circumstances and is
necessary in order to permit the researcher or professor to complete a
specific project or research activity.
(3) Timeliness. The Agency will not review a request for Agency
authorization to extend the three year period of program participation
permitted under Sec. 514.20(i) unless timely filed.
(4) Final decision. The Agency will respond to requests for Agency
authorization to extend the three year period of program participation
permitted under Sec. 514.20(i) within 45 days of Agency receipt of such
request. Such response shall constitute the Agency's final decision.
[FR Doc. 96-8676 Filed 4-5-96; 8:45 am]
BILLING CODE 8230-01-M
