[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Proposed Rules]
[Pages 27046-27047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12375]


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DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice 3639]


Exchange Visitor Program

AGENCY: Department of State.

ACTION: Proposed rule with request for comment.

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SUMMARY: This proposed rule would amend existing regulations governing 
the au pair exchange program. These amendments would create a sub-
category of au pair exchange participation under which the au pair 
participant would provide fewer hours of child care for the host family 
while the required educational component that the au pair must complete 
would increase from not less than six semester hours of academic credit 
or its equivalent per year to not less than twelve semester hours of 
academic credit or its equivalent per year.

DATES: Comments regarding this proposed rule will be accepted until 
June 15, 2001.

ADDRESSES: Comments regarding this proposed rule should be submitted in 
duplicate and addressed as follows: U.S. Department of State, Bureau of 
Educational and Cultural Affairs, 301 Fourth Street, SW., Room 852, 
Washington, DC 20547.

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, U.S. Department of 
State, 301 Fourth Street, SW., Room 852, Washington, DC 20547; 
telephone (202) 619-6828.

SUPPLEMENTARY INFORMATION: These regulations govern Department-
designated au pair 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 child care 
services and attending a U.S. post-secondary educational institution. 
The Department's goal in proposing amendment of these existing 
regulations is to provide an opportunity for participation by foreign 
nationals who wish to pursue their academic studies more vigorously. To 
this end, the Department proposes to reduce the amount of child care 
services the potential au pair participant will provide to not more 
than 30 hours per week while increasing the amount of academic credit 
the au pair will pursue to not less than twelve semester hours or its 
equivalent. At the suggestion of Department-designated au pair 
sponsors, the Department proposes to identify this form of au pair 
participation as EduCare. Existing provisions for au pair participation 
based upon up to 45 hours of child care services and the pursuit of not 
less than six semester hours of academic credit or its equivalent 
remain unchanged.
    To accomplish this dual objective, the Department is advised by its 
designated au pair program sponsors that potential EduCare au pair 
participants should be placed with host families that need before and 
after school child care services for their school age children. 
Accordingly, the Department proposes that potential EduCare au pair 
participants not be placed with families having pre-school children 
unless alternative, full-time arrangements are in place for the 
supervision of such pre-school children. As the potential EduCare au 
pair participant will be more actively pursuing his or her academic 
studies, the Department is also proposing a reduction in the number of 
hours that the au pair will provide child care services from not more 
than 45 hours per week to not more than 30 hours per week. This 
reduction in the number of hours of child care services provided 
dictates a corresponding reduction in the weekly wage paid to an 
EduCare au pair participant. An au pair participating in the EduCare 
program would still be paid in accordance with the provisions of the 
Fair Labor Standards Act. However, as a matter of administrative 
convenience for both Department-designated sponsors and participating 
host families, the Department proposes that the weekly wage for EduCare 
au pair participants be calculated as a percentage of the weekly wage 
paid to all other au pair participants.
    The Department invites comment regarding this proposed rule 
notwithstanding the fact that it is under no legal obligation to do so. 
The oversight and administration of the Exchange Visitor Program are 
deemed to be a foreign affairs function of the United States 
Government. The Administrative Procedures Act, 5 U.S.C. 553(a)(1) 
(1994), specifically exempts foreign affairs functions from the 
rulemaking requirements of the Act.

List of Subjects in 22 CFR Part 62

    Cultural exchange programs.

    Accordingly, 22 CFR Part 62 is proposed to be amended as follows:

[[Page 27047]]

PART 62--EXCHANGE VISITOR PROGRAM

    1. The Authority citation for Part 62 continues to read as follows:

    Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 
1431-1442, 2451-2460; Foreign Affairs Reform and Restructuring Act 
of 1998, Pub. L. 105-277, 112 Stat. 2681 et seq.; Reorganization 
Plan No. 2 of 1977, 3 CFR, 1977 Comp. p. 200; E.O. 12048 of March 
27, 1978; 3 CFR, 1978 Comp. p. 168.

    2. Section 62.31 is amended by revising paragraphs (a), (c)(1) 
through (c)(3), (e) introductory text, (e)(3) and (e)(5), (j), and (k) 
to read as follows:


Sec. 62.31  Au pairs.

    (a) Introduction. This section governs Department of State-
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. All au pair 
participants provide child care services to the host family and attend 
a U.S. post-secondary educational institution. Au pair participants 
provide up to forty-five hours of child care services per week and 
pursue not less than six semester hours of academic credit or its 
equivalent during their year of program participation. Au pairs 
participating in the EduCare program provide up to thirty hours of 
child care services per week and pursue not less than twelve semester 
hours of academic credit or its equivalent during their year of program 
participation.
* * * * *
    (c) * * *
    (1) Limit the participation of foreign nationals in such programs 
to not more than one year;
    (2) Limit the number of hours an EduCare au pair participant is 
obligated to provide child care services to not more than 10 hours per 
day or more than 30 hours per week and limit the number of hours all 
other au pair participants are obligated to provide child care services 
to not more than 10 hours per day or more than 45 hours per week;
    (3) Require that EduCare au pair participants register and attend 
classes offered by an accredited U.S. post-secondary institution for 
not less than twelve semester hours of academic credit or its 
equivalent and that all other au pair participants 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;
* * * * *
    (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:
* * * * *
    (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. An au pair participating in the EduCare 
program shall not be placed with a family having pre-school children in 
the home unless alternative full-time arrangements for the supervision 
of such pre-school children are in place;
* * * * *
    (5) Place an au pair with a host family unless a written agreement 
between the au pair and the host family detailing the au pair's 
obligation to provide child care has been signed by both the au pair 
and the host family prior to the au pair's departure from his or her 
home country. Such agreement shall clearly state whether the au pair is 
an EduCare program participant or not. Such agreement shall not limit 
the obligation to provide child care services to not more than 10 hours 
per day or more than 45 hours per week unless the au pair is an EduCare 
participant. Such agreement shall limit the obligation of an EduCare 
participant to provide child care service to not more than 10 hours per 
day or more than 30 hours per week.
* * * * *
    (j) Wages and hours. Sponsors shall require that au pair 
participants:
    (1) Are compensated at a weekly rate based upon 45 hours of child 
care services per week and paid in conformance with the requirements of 
the Fair Labor Standards Act as interpreted and implemented by the 
United Stated Department of Labor. EduCare participants shall be 
compensated at a weekly rate that is 75% of the weekly rate paid to 
non-EduCare participants;
    (2) Do not provide more than 10 hours of child care per day, or 
more than 45 hours of child care in any one-week. EduCare participants 
may not provide more than 10 hours of child care per day or more than 
30 hours of child care in any one week;
    (3) Receive a minimum of one and one 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 their 
period of program participation, all EduCare au pair participants are 
enrolled in an accredited U.S. post-secondary institution for not less 
than twelve semester hours of academic credit or its equivalent and 
that all other au pair participants are enrolled in an accredited U.S. 
post-secondary institution for not less than six semester 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 in an accredited U.S. post-
secondary institution and to pay the cost of such academic course work 
in an amount not to exceed $1,000 for EduCare au pair participants and 
in an amount not to exceed $500 for all other au pair participants.
* * * * *

    Dated: March 23, 2001.
Helena Kane Finn,
Acting Assistant Secretary for Educational and Cultural Affairs, 
Department of State.
[FR Doc. 01-12375 Filed 5-15-01; 8:45 am]
BILLING CODE 4710-05-P