[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]



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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 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]
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