[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Rules and Regulations]
[Pages 53929-53930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25690]


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UNITED STATES INFORMATION AGENCY

22 CFR Part 514


Exchange Visitor Program

AGENCY: United States Information Agency.

ACTION: Final rule.

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SUMMARY: By notice published April 13, 1999 (64 FR 17988) the Agency 
proposed amendment of existing au pair regulations in order to 
strengthen the oversight and general accountability of the au pair 
program and to identify and reduce the potential risk of injury to 
program participants. The proposed amendments will provide greater 
specificity regarding the selection and orientation of both host family 
and au pair participants, thereby enhancing the prospect for more 
informed participation by both parties. Further proposed program 
enhancements would require disclosure of prior experience for au pair 
participants providing child care for special needs children. An 
amendment to provide for uniform program audits was also proposed. A 
thirty day public comment period was provided and twenty comments were 
received by the Agency. These twenty comments all supported the 
proposed rule as written. Accordingly, the proposed rule is hereby 
adopted as final without change.

DATES: This rule is effective October 5, 1999.

FOR FURTHER INFORMATION CONTACT: Sally Lawrence, Branch Chief, Program 
Designation Branch, Exchange Visitor Services, 301 4th Street, S.W., 
Washington, D.C. 20547; telephone, (202) 401-9800.

List of Subjects in 22 CFR Part 514

    Cultural exchange program, Reporting and recordkeeping 
requirements.

    Dated: September 28, 1999.
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:


[[Page 53930]]


    Authority: 8 U.S.C. 1101(a)(15)(j), 1182, 1258; 22 U.S.C. 1421-
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 paragraph (e), (f), (h), (i), and (m) are revised 
to read as follows:


Sec. 514.31  Au pairs.

* * * * *
    (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 an au pair with a host family having a special needs 
child, as so identified by the host family, unless the au pair has 
specifically identified his or her prior experience, skills, or 
training in the care of special needs children and the host family has 
reviewed and acknowledged in writing the au pair's prior experience, 
skills, or training so identified;
    (5) 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;
    (6) Place the au pair with a family who cannot provide the au pair 
with a suitable private bedroom; and
    (7) Place an au pair with a host family unless the host family has 
interviewed the au pair by telephone prior to the au pair's departure 
from his or her home country.
    (f) Au pair orientation. In addition to the orientation 
requirements set forth 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;
    (4) A detailed summary of travel arrangements; and
    (5) A copy of the Agency's written statement and brochure regarding 
the au pair program.
* * * * *
    (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 and other adults living full-time in 
the household have successfully passed a background investigation 
including employment and personal character references;
    (5) Require that the host family have 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 and brochure 
regarding the au pair program;
    (2) Provide all selected host families with a complete copy of 
Agency-promulgated Exchange Visitor Program regulations, including the 
supplemental information thereto;
    (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 
forth-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.
 * * * * *
    (m) 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 au pair participant with more than one host family;
    (4) A report by a certified public accountant, conducted pursuant 
to a format designated by the Agency, 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.

[FR Doc. 99-25690 Filed 10-4-99; 8:45 am]
BILLING CODE 8230-01-M