[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]
=======================================================================
-----------------------------------------------------------------------
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 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
[[Page 34633]]
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.
* * * * *
(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
[[Page 34634]]
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.
* * * * *
[FR Doc. 97-16909 Filed 6-26-97; 8:45 am]
BILLING CODE 8230-01-M