[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22629]


[[Page Unknown]]

[Federal Register: September 13, 1994]


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UNITED STATES INFORMATION AGENCY

22 CFR Part 514

[Rulemaking No. 102]

 

Camp Counselors; Limitation of Program Participation

AGENCY: United States Information Agency.

ACTION: Final rule.

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SUMMARY: By this notice the Agency adopts as final, and without change, 
the Interim Rule published in the Federal Register on April 11, 1994 
(59 FR 16983), which amended 22 CFR 514.30.

EFFECTIVE DATE: This rule became effective April 11, 1994.

FOR FURTHER INFORMATION CONTACT:
Stanley S. Colvin, Assistant General Counsel, Office of the General 
Counsel, room 700, United States Information Agency, 301 4th Street, 
SW., Washington, DC, 20547, (202) 619-6829.

SUPPLEMENTARY INFORMATION: On April 11, 1994, the Agency published in 
the Federal Register an interim rule with request for comments. The 
interim rule amended Sec. 514.30, which governs the administration of 
camp counselor exchanges conducted under the auspices of the Exchange 
Visitor Program. Specifically, this amendment permits repeat 
participation, in excess of two summers, for no more than ten percent 
of each Agency-designated sponsor's camp counselor exchange 
participants for a particular exchange year.
    Despite assertions received by the Agency to the contrary, the 
designation of exchange visitor sponsors and the administration of the 
Exchange Visitor Program are deemed to be foreign affairs functions of 
the Untied States. The Administrative Procedure Act, 5 U.S.C. 
553(a)(1)(1989) specifically exempts such functions from the 
requirements of the Act. Nevertheless, the Agency invited comments from 
the public on the matter.
    Three comments were received, all of them favorable. One comment 
from Camp America noted that the ten percent rule would provide 
opportunities to the greatest number of participants while minimizing 
disruption of existing programs. Another, from the Alliance for 
International Educational and Cultural Exchange, noted that the interim 
rule adopted a ``reasonable compromise'' to the concerns raised by 
Alliance members and the American Camping Association, although it 
noted for the record that camp counselor sponsors did not support the 
participation limitation for counselors. The Alliance also expressed a 
reservation regarding the ability of sponsors to ascertain whether an 
individual has previously participated in any other camp counselor 
programs, and recommended that the rule be modified to require only 
that a sponsoring organization be responsible for reporting its own 
repeat participation rate.
    Although the Agency is aware that sponsors may not have adequate 
resources to detect an outright fabrication about program participation 
by a prospective counselor, it is nevertheless incumbent upon 
sponsoring organizations to use every reasonable means at their 
disposal to ascertain that counselor's program participation history. 
This includes, but is not limited to, informing the counselor of the 
importance of the participation requirement and explicitly asking 
potential counselors about prior participation.
    The information collection requirement of this regulation has been 
submitted to and approved by the Office of Management and Budget under 
the provisions of the Paperwork Reduction Act. 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. It is not considered to be a major rule within the meaning of 
section 1(b) of E.O. 12291, nor does this rule have Federalism 
implications warranting the preparation of a Federalism Assessment in 
accordance with E.O. 12612.
    Accordingly, the Interim Rule which amended 22 CFR 514.30, 
published at 59 FR 16983 on April 11, 1994 is adopted as a Final Rule 
without change.

List of Subjects in 22 CFR Part 514

    Cultural exchange programs.

    Dated: September 7, 1994.
Les Jin,
General Counsel.
[FR Doc. 94-22629 Filed 9-12-94; 8:45 am]
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