[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Notices]
[Pages 59182-59183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24551]
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DEPARTMENT OF STATE
[Public Notice: 7609]
Bureau of Educational and Cultural Affairs; Exchange Visitor
Program; Summer Work Travel Program Sponsor On-Site Reviews
ACTION: Notice.
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SUMMARY: Pursuant to the Mutual Educational and Cultural Exchange Act
of 1961 (the ``Act''), the Department of State (Department) is
authorized to facilitate and direct educational and cultural exchange
activities in order to develop and promote mutual understanding between
the people of the United States and the people of other countries by
means of educational and cultural exchanges. These exchanges, conducted
by Department-designated sponsors assist the Department in furthering
the foreign policy objectives of the United States. By this Notice, and
in order to enhance its continued oversight and monitoring of
designated sponsors, the Department announces its intent to conduct on-
site reviews of sponsors in the Summer Work Travel Program to evaluate
regulatory compliance with Program regulations set forth at 22 CFR Part
62.
The Summer Work Travel Program provides foreign college and
university students the opportunity to work and travel in the United
States during their extended academic break (i.e., summer vacation) for
a period not to exceed four months. On April 26, 2011, the Department
published in the Federal Register, an Interim Final Rule governing the
Summer Work Travel category of the Exchange Visitor Program. In that
rulemaking, the Department explained its three-step approach to
addressing a number of concerns regarding sponsor
[[Page 59183]]
administration of this program. Step one occurred in January 2011 when
the Department adopted a pilot program to enhance protections for
foreign nationals from Belarus, Bulgaria, Moldova, Romania, Russia, and
the Ukraine (``Pilot Program''). Step two was the Interim Final Rule,
which incorporated many of the concepts of the Pilot Program into the
overall Summer Work Travel program regulations. Now, as step three, the
Department intends to conduct on-site reviews of the largest Summer
Work Travel program sponsors to monitor sponsor performance, ``to
assess category-wide regulatory compliance and to consult with sponsors
about implementation of the Interim Final Rule.'' The Department's
close monitoring of Summer Work Travel sponsors during the summer of
2011 has resulted in a modification to its plans for on-site reviews.
Specifically, the Department evaluated all Summer Work Travel sponsors'
compliance with program regulations regarding the maintenance of
current and accurate records in the Student and Exchange Visitor
Information System (SEVIS) for the period September 1, 2009 through
August 30, 2010. It also reviewed Summer Work Travel-related complaints
for the 2011 summer season and monitored the media for additional
reports of program problems. As a result of these efforts, the
Department has determined that it will not visit sponsors based solely
on their size, but instead will conduct compliance reviews of those
designated sponsors whose compliance with the relevant Exchange Visitor
Program regulations deserve closer examination by the Department.
Currently there are 51 designated exchange sponsor entities in the
Summer Work Travel category. Of those, the Department has identified 14
sponsors that will be part of in the upcoming compliance review.
Although the Department may later decide to evaluate additional
sponsors, at this time, it intends to visit these 14 sponsors (which
together sponsor approximately 65% of all Summer Work Travel
participants) sometime between October and December 2011. On average,
it is expected that each on-site review will take two full business
days and will be preceded ten work days' in advance by written notice
and a request for certain specified documents.
As noted above, these on-site reviews will focus on evaluating the
overall program administration and the effectiveness of the
modifications to sponsors' program administration resulting from
implementation of the Interim Final Rule and the Pilot Program. A
primary goal of these reviews is to assess whether the sponsors have
been able ``to comply and remain in continual compliance with all
provisions of Part 62'' (22 CFR 62.3(b)(1)). To this end, the reviews
will focus on sponsor compliance with the Pilot Program guidelines and
participant monitoring requirements, maintenance of accurate SEVIS
records, and sponsors' relationships with third parties they have
engaged to assist in carrying out the core programmatic functions
inherent in the administration of exchange visitor programs, as set
forth in the regulations in Part 62 (i.e., screening, selection,
orientation, placement, monitoring, and the promotion of mutual
understanding). Other areas of interest may include sponsors' roles in
assisting participants in finding suitable housing; decision-making
processes (including the numbers of participants accepted); self-
imposed compliance mechanisms; procedures for handling student
participant problems (including finding new jobs for those whose pre-
arranged placements were unsatisfactory); and policies for refunding
deposits or payments to student participants.
Finally, the Department intends to use these reviews as an
opportunity for sponsors to provide feedback on the Pilot Program and
the Interim Final Rule in general, and more specifically, sponsors'
experience with the relevant new regulatory provisions during the
summer season of 2011. Feedback will be used to assist in issuing the
Final Rule. Best practices will be collected from the on-site reviews
and shared with the wider sponsor community. Sponsors who are not
included in these reviews and wish to comment should address their
comments and concerns to the Department at JVisas@State.gov.
The Department believes these compliance reviews are one of many
critical steps that can help ensure the Summer Work Travel program
meets the underlying goals of the Act while also allowing participants
to enjoy safe and successful exchange program experiences conducted
within the parameters of the Exchange Visitor Program regulations.
Dated: September 16, 2011.
Rick A. Ruth,
Deputy Assistant Secretary for Private Sector Exchange, Acting, Bureau
of Educational and Cultural Affairs, Department of State.
[FR Doc. 2011-24551 Filed 9-22-11; 8:45 am]
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