[Federal Register: June 27, 2002 (Volume 67, Number 124)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice 4054]
Participation in the Exchange Visitor Program as Professor and
AGENCY: Department of State.
ACTION: Proposed rule with request for comment.
SUMMARY: The Department is proposing to amend its existing regulations
governing participation in the Exchange Visitor Program as a professor
and research scholar. These proposed amendments will extend the
duration of program participation from three years to five years and
eliminate program extensions beyond the five-year period. Limitations
governing the eligibility for program participation of professor and
research scholar participants are also included. These limitations
enhance the integrity and programmatic effectiveness of the Exchange
DATES: Written comments regarding this rule will be accepted until July
ADDRESSES: Comments regarding this rule must be presented in duplicate
and addressed as follows: U.S. Department of State, Office of Exchange
Coordination and Designation, Bureau of Educational and Cultural
Affairs, 301 4th Street, SW., Room 852, Washington, DC 20547.
FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Acting Director,
Office of Exchange Coordination and Designation, U.S. Department of
State, 301 Fourth Street, SW., Room 852, Washington, DC 20547;
telephone (202) 401-9810; fax (202) 401-9809.
SUPPLEMENTARY INFORMATION: Since 1949, a three-year period of program
duration has been afforded to professors and research scholars
participating in Department-designated exchange visitor programs.
During the development of comprehensive rules published in 1993,
numerous comments were received suggesting that the period of program
duration for professors and research scholars should be greater than
three years. In recent consultation with the academic community, there
has once again been great interest in extending the program duration
for this category.
Accordingly, the Department proposes to amend existing regulatory
provisions under the professor and research scholar category at section
22 CFR 62.20(i) to permit a maximum duration of program participation
of five years. Calculation of the five years shall begin from the
initial program start date listed on the DS-2019 pursuant to which
professor or research scholar participant status is acquired and shall
end five years from that date. (Example: July 1, 2002-July 1, 2007). It
shall include time spent outside the United States. With this change to
the length of program duration, the Department is of the opinion that
extensions beyond the proposed five-year maximum period of program
duration will be inappropriate. Therefore, the Department proposes the
deletion of section 22 CFR 62.20(j) regarding extensions to the
professor and research category. If adopted, these amendments would
also permit program sponsors to extend a current participant's program
up to the maximum program duration of five years. Extensions beyond the
duration of participation are not permitted under this category.
The Department also proposes to limit repeated program
participation. No individual who has been afforded a five-year period
of program participation as a professor or research scholar will be
eligible for repeat participation in the professor or research scholar
category for a period of two years from the end date of his/her prior
program. This provision is proposed to ensure that the reciprocal
exchange objectives underlying the Exchange Visitor Program are met,
and that the exchange visitor's visa is not misused for long-term
The twelve-month bar will remain as stated in section 22 CFR
62.20(d)(ii). This regulation places a twelve-month bar from continued
program participation upon individuals who have been physically present
in the United States for all or part of the twelve months immediately
preceding their commencement of program participation as a professor or
research scholar. However, 22 CFR 62.20(d)(ii) does provide exceptions
to the application of the twelve-month bar including one for
prospective participants who have previously participated in the
Exchange Visitor Program as short-term scholars.
The Department invites comments regarding this proposed rule. The
Department will accept comments for 30 days following publication of
this proposed rule. A final rule will be adopted following Department
review of all comments received and coordination with the adoption of
the Student and Exchange Visitor Information System (SEVIS).
Regulatory Analysis and Notices
Administrative Procedure Act
The Department is publishing this rule as a proposed rule, with a
30-day provision for post-promulgation public comments, based on the
``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and
553(d)(3). The proposed changes will provide notice and a comment
period prior to adoption of this rule.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 USC 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule is not expected to have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million in any year and it will not significantly or uniquely affect
small governments. Therefore, no actions were deemed necessary under
the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
investment, productivity, innovation, or on the ability of United
States-based companies to compete with foreign-based companies in
domestic and export markets.
Executive Order 12866
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. In addition, the Department is
exempt from Executive Order 12866 except to the extent that it is
promulgating regulations in conjunction with a domestic agency that are
significant regulatory actions. The Department has nevertheless
reviewed the regulation to ensure its consistency with the regulatory
philosophy and principles set forth in that Executive Order.
Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
List of Subjects in 22 CFR Part 62
Cultural exchange programs.
Accordingly, 22 CFR part 62 is proposed to be amended as follows:
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. Amend Sec. 62.20 by revising paragraph (i) and removing
paragraph (j) to read as follows:
Sec. 62.20 Professors and research scholars.
* * * * *
(i) Duration of participation. The permitted duration of program
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 five years. The five-year period of permitted program
participation shall begin with the initial program start date listed on
the DS-2019 pursuant to which professor or research scholar participant
status is acquired and shall end five years from such date. It shall
include time spent outside the United States.
(2) Repeat Participation. Individuals who have entered the United
States under the Exchange Visitor Program as a professor or research
scholar, or who have acquired such status while in the United States
shall not be eligible for repeat participation as a professor or
research scholar for a period of two years.
(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 five years.
(4) Extensions beyond the duration of participation are not
permitted under this category.
Dated: June 4, 2002.
Patricia S. Harrison,
Assistant Secretary, Bureau of Educational and Cultural Affairs,
Department of State.
[FR Doc. 02-16157 Filed 6-26-02; 8:45 am]
BILLING CODE 4710-05-P
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