[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