97-16909. Exchange Visitor Program

  • [Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
    [Rules and Regulations]
    [Pages 34632-34634]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-16909]
    
    
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    UNITED STATES INFORMATION AGENCY
    
    22 CFR Part 514
    
    
    Exchange Visitor Program
    
    AGENCY: United States Information Agency.
    
    ACTION: Interim final rule with request for comment.
    
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    SUMMARY: The Agency is amending existing regulations in order to 
    enhance the Agency's oversight of au pair programs. These amendments 
    provide additional specificity to existing regulations that will 
    facilitate consistent compliance with programmatic requirements. 
    Specifically, these amendments will further define the selection and 
    screening requirements for au pair participants and require that the 
    participant attend rather than merely enroll for six hours of academic 
    credit. Further, the number of hours an au pair may provide child care 
    services is limited to no more than 10 hours per day and forty-five in 
    any given week.
    
    DATES: This rule is effective September 1, 1997. Written comments 
    regarding this rule will be accepted July 28, 1997.
    
    ADDRESSES: Comments regarding this rule must be presented in duplicate 
    and addressed as follows: United States Information Agency, Office of 
    the General Counsel, Rulemaking 210, 301 4th Street, SW., Washington, 
    DC 20547.
    
    FOR FURTHER INFORMATION CONTACT:
     Exchange Visitor Program Services, Program Designation Branch, United 
    States Information Agency, 301 4th Street, SW., Washington, DC 20547; 
    Telephone (202) 401-9810.
    
    SUPPLEMENTARY INFORMATION: In consultation with the eight sponsors 
    designated by the Agency to conduct au pair programs, the Agency is 
    amending the regulations that govern the administration of au pair 
    programs. These regulations were adopted February 15, 1995 (60 FR 8547) 
    following an extensive public comment period that generated more than 
    3,000 public comments. As is often the case in the promulgation of 
    regulations governing a program-based activity such as the au pair 
    program, the need for further sepcificity regarding regulatory 
    implementation and compliance has arisen. Accordingly, the Agency has 
    worked with the eight designated sponsors to amend these regulations to 
    provide such additional specificity.
    
        First, the Agency is amending the existing requirement set forth at 
    22 CFR 514.31(c)(3) to ensure that au pair participants attend rather 
    than merely enroll for six hours of academic credit at an institution 
    of higher education. The requirement that au pair participants pursue 
    academic course work is considered to be the foundation underlying the 
    au pair program. This requirement ensures that the young adults 
    participating in this program are engaged in activities other than 
    child care and provides the opportunity for the au pair to interact 
    with persons their own age and gain further insight regarding the 
    United States and its people.
        Secondly, the Agency is amending the requirements governing the 
    selection and placement of au pair participants set forth at 22 CFR 
    514.31(d) and (h) in order to enhance the ability of an au pair host 
    family to more actively participate in the selection of the au pair 
    participant that the family will host. A report by the organizational 
    representative interviewing the au pair participant will be provided to 
    the host family. With this information and the references also provided 
    to the host family, such family may develop a more informed opinion 
    regarding the au pair participant's potential compatibility with the 
    family. The Agency anticipates that host families may contact the 
    listed references as they deem appropriate. Further, amendment of this 
    regulation will more clearly define the requirement that an au pair 
    participant successfully pass a personality profile. This amendment 
    will require that the au pair successfully complete a personality 
    profile based on a psychometric test that measures the differences in 
    characteristics among applicants against those characteristics 
    considered most important to successfully participate in the au pair 
    program.
        In concert with these changes that will assist the host family in 
    selecting an au pair, the Agency is also introducing requirements set 
    forth at 22 CFR 514.31 (f) and (i) that will require au pair sponsors 
    to provide all host families and au pair participants with a statement 
    from the Agency regarding the au pair program itself. The Agency 
    believes that the few complaints that arise from this program are often 
    related to the lack of a full and complete understanding of the program 
    by either the host family or the au pair. By providing a statement from 
    the Agency that sets forth an overview of the program, the Agency is of 
    the opinion that many conflicts between the au pair, the sponsoring 
    organization, and the au pair will be avoided.
        The Agency has also reviewed the training and experience 
    requirements for au pair participants and amends 22 CFR 514.31 (e), (f) 
    and (g) to enhance and clarify such requirements. To this end, au pair 
    participants that will care for children under the age of two must have 
    no less than 200 hours of documented infant child care experience. This 
    experience must involve the direct care and supervision of infant 
    children. Further, au pairs will receive, prior to departure from their 
    home country, a pre-departure package that both clearly describes their 
    prospective child care responsibilities and enumerates unacceptable 
    behavior. Au pairs will continue to receive not less than eight hours 
    of child safety instruction and not less than twenty-four hours of 
    child development instruction. The Agency is, however, amending this 
    requirement to specifically require that no less than four hours of the 
    child safety instruction be infant related and that not less than four 
    of the twenty-four hours of child development instruction be devoted to 
    training for the care of children under the age of two. Child safety 
    instruction shall be provided by the American Red
    
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    Cross or other recognized experts in the field of safety instruction. 
    The child development instruction is expected to include topics such as 
    stress management and Shaken Baby Syndrome.
        Finally, the Agency is amending 22 CFR 514.31(j) which governs an 
    au pair's wages and hours. The United States Department of Labor has 
    determined that au pair participants are covered under the provisions 
    of the Fair Labor Standards Act and therefore must receive federal 
    minimum wage. The Agency is amending this regulation to ensure that 
    there is no future confusion regarding the payment of minimum wage. 
    Finally, this regulation is amended to specify that an au pair may not 
    provide more than 10 hours of child care on any given day or more than 
    45 hours of child care in any given week. This specific provision 
    amends the existing requirement that an au pair not provide more than a 
    reasonable number of hours per day. Amendment is necessary based upon 
    the Agency's experience that indicates the existing standard is subject 
    to abuse and a source of dispute.
    
    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 a foreign affairs function 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 30 days following publication 
    of this interim final rule. A final rule will be adopted following 
    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: June 23, 1997.
    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. Section 514.31 is amended by revising paragraphs (c), (d), (e), 
    (f), (g), (h) and (j) to read as follows:
    
    
    Sec. 514.31  Au pairs.
    
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        (c) Program eligibility. Sponsors designated by the Agency to 
    conduct an au pair exchange program 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 register and attend 
    classes offered by an accredited U.S. post-secondary institution 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 the 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 record of all personal monthly contacts (or more frequently as 
    required) with each au pair and host family for which he or she is 
    responsible and issues or problems discussed;
        (7) Require that all local organizational representatives contact 
    au pair participants and host families twice monthly for the first two 
    months following a placement other than the initial placement for which 
    the au pair entered the United States.
        (8) 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
        (9) 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 who shall prepare a report of the 
    interview which shall be provided to the host family; and
        (6) Have successfully passed a background investigation that 
    includes verification of school, three, non-family related personal and 
    employment references, a criminal background check or its recognized 
    equivalent and a personality profile. Such personality profile will be 
    based upon a psychometric test designed to measure differences in 
    characteristics among applicants against those characteristics 
    considered most important to successfully participate in the au pair 
    program.
        (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 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; and
        (5) Place the au pair with a family who cannot 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, 
    grievance
    
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    procedures, and the Agency's written statement regarding the au pair 
    program which govern the au pair's participation in the exchange 
    program;
        (2) 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 complete and thorough pre-departure package clearly 
    describing child care responsibilities and expectations and enumerating 
    behavior that is unacceptable.
        (g) Au pair training. Sponsors shall provide the au pair 
    participant with child development and child safety instruction, as 
    follows:
        (1) Prior to placement with the host family, the au pair 
    participant shall receive not less than eight hours of child safety 
    instruction no less than 4 of which shall be infant-related; 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 of which no less than 4 shall be devoted to 
    specific training for children under the age of two.
        (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 have successfully passed a background 
    investigation including employment and personal character references;
        (5) Require that the host family has 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 regarding the au 
    pair program;
        (2) Provide all selected host families with a complete copy of 
    Agency-promulgated Exchange Visitor Program regulations including the 
    published supplemental information;
        (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.
        (j) Wages and hours. Sponsors shall require that au pair 
    participants:
        (1) Are compensated at a weekly rate based upon 45 hours per week 
    and paid in conformance with the requirements of the Fair Labor 
    Standards Act as interpreted and implemented by the United States 
    Department of Labor;
        (2) Do not provide more than 10 hours of child care on any given 
    day, nor more than 45 hours of child care in any one week;
        (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.
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    [FR Doc. 97-16909 Filed 6-26-97; 8:45 am]
    BILLING CODE 8230-01-M
    
    
    

Document Information

Effective Date:
9/1/1997
Published:
06/27/1997
Department:
United States Information Agency
Entry Type:
Rule
Action:
Interim final rule with request for comment.
Document Number:
97-16909
Dates:
This rule is effective September 1, 1997. Written comments regarding this rule will be accepted July 28, 1997.
Pages:
34632-34634 (3 pages)
PDF File:
97-16909.pdf
CFR: (1)
22 CFR 514.31