| NODIS Library | Organization and Administration(1000s) | Search |

NASA Ball NASA
Policy
Directive
NPD 1371.1G
Effective Date: November 06, 2002
Expiration Date: November 06, 2017
COMPLIANCE IS MANDATORY
Printable Format (PDF)

(NASA Only)

Subject: Waivers Of the Residence Abroad Requirement for Employees of NASA Contractors and Grantees (Revalidated w/change 1 dated 10/05/12)

Responsible Office: Export Control & Interagency Liaison Division


Change History

Change #
Date
Description
1
10/05/2012
Update with 1400 Compliance, clairfy policy paragraph, update authorities

1. Policy

It is NASA policy to comply with the National policy regarding certain foreign nationals that are in the United States on the J-1 Exchange Visitor Program as detailed in 8 CFR Sec. 212.7(c) which is to require that they return to their home country for a period of two years upon expiration of their approved exchange program. While waivers to this policy are possible, it is NASA policy that requests for such waivers should be minimized, in particular, requests for NASA to intervene as an interested U.S. Government Agency.
However, if warranted by the circumstances and if the criteria of NPR 1371.1 can be satisfied, NASA may intervene and submit a request for waiver of the 2-year home country physical presence requirement on behalf of an exchange visitor that is supporting a NASA contract, grant, or cooperative agreement. Such requests will be processed pursuant to the procedures and guidelines in NPR 1371.1. General and specific guidelines for exchange visitor programs are documented in 22 CFR Sec. 62.

2. Applicability

This Directive is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers.

3. Authority

a. Immigration and Nationality Act, as amended, 8 U.S.C. Section 1182(e), Section 212(e).

b. The National Aeronautics and Space Act of 1958, as amended, 51 U.S.C. ยง 20113(a).

4. Applicable Documents and Forms

a. Authorization of Activities, 22 U.S.C. Section 2452.

b. Waivers of Certain Grounds of Excludability, 8 CFR Section 212.7(c).

c. Exchange Visitor Program, 22 CFR Section 62-Exchange Visitor Program.

d. NASA Procecures Requirements (NPR) 1371.1.

5. Responsibility

a. The Director, Export Control and Interagency Liaison Division, Office of External Relations shall:

(1) Provide final review and approval for submission of a waiver request to the U.S. Department of State of contractor, grantee or cooperative agreement partner requests for waiver of the two-year home country physical presence requirement where NASA is asked to be an interested U.S. Government Agency; and

(2) Rendering advice and making recommendations in connection with such waiver requests.

b. Center Directors will:

(1) Iin coordination with the Enterprise Associate Administrators/Institutional Program Officers, ensure that only those waiver requests which merit approval for NASA to act as an interested U.S. Government Agency are forwarded to the Director, Export Control and Interagency Liaison Division, Office of External Relations.

(2) Ensure the appropriateness of NASA acting as an interested U.S. Government Agency in a particular case, that other waiver alternatives are not available or are not appropriate, and that waiver applications forwarded to the Director, Export Control and Interagency Liaison Division, Office of External Relations are legally sufficient and contain all information necessary for review and further processing.

c. Contracting Officer/Grants and Cooperative Agreements Officer or designee in accordance with 22 U.S.C. Section 2452 will:

(l) Document waiver requests in accordance with applicable procedures described in Chapter 3 of NPR 1371.1 where approval is sought for NASA to act as an interested U.S. Government Agency, and/or

(2) Inform the requesting party when a request is denied.

6. Delegation of Authority

None.

7. Measurement/Verification

The means of measuring adherence with policy will be the number of waivers actually requested by NASA every year, that will be recorded by the Office of International and Interagency Relations. Because the number of waivers sought should be minimized, any significant increase in volume, especially over a period of 2 or more years, should be examined to ensure compliance.

8. Cancellation

NPD 1371.1G, Waivers Of the Residence Abroad Requirement for Employees of NASA Contractors and Grantees, dated November 6, 2002.


REVALIDATED ON 10/05/12

ORIGINAL SIGNED BY:

/s/ Sean O'Keefe
Administrator


Attachment A: (Text)

None

(URL for Graphic)

None


DISTRIBUTION:
NODIS


This Document Is Uncontrolled When Printed.
Check the NASA Online Directives Information System (NODIS) Library
to Verify that this is the correct version before use: http://nodis3.gsfc.nasa.gov