[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Proposed Rules]
[Pages 47152-47155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16128]


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DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice 5155]

RIN: 400-AC13


Secondary School Student Exchange Programs

AGENCY: State Department.

ACTION: Proposed rule with request for comment.

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SUMMARY: The Department is proposing to amend existing regulations set 
forth at 22 CFR 62.25 to impose new program administration 
requirements. These amendments would require program sponsors to 
complete criminal background checks for officers, employees, agents, 
representatives and volunteers acting on their behalf and would also 
require monthly contact with host families and students. Amendments are 
also proposed that would require the vetting of all adult members of a 
host family household through a sex offender registry maintained by the 
respective state of residence. A requirement to report any allegation 
of sexual misconduct to both the Department and local law enforcement 
authorities is also proposed.

DATES: The Department will accept comments from the public up to 
October 11, 2005.

ADDRESSES: You may submit comments, identified by any of the following 
methods:
     E-mail: [email protected]. You must include the RIN in 
the subject line of your message.
     Mail (paper, disk, or CD-ROM submissions): U.S. Department 
of State, Office of Exchange Coordination and Designation, SA-44, 301 
4th Street, SW., Room 734, Washington, DC 20547.
     Fax: 202-203-5087.
    Persons with access to the Internet may also view this notice and 
provide comments by going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm.

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Acting Director, 
Office of Exchange Coordination and Designation, U.S. Department of 
State, SA-44, 301 4th Street, SW., Room 734, Washington, DC 20547; or 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Department of State designates academic 
and private sector entities to conduct educational and cultural 
exchange programs pursuant to a broad grant of authority provided by 
the Mutual Educational and Cultural Exchange Act of 1961, as amended. 
Under this authority, some 1,450 program sponsors facilitate the entry 
of more than 275,000 exchange participants each year. Secondary school 
students have been a vital component of these private sector exchange 
activities since 1956 and serve to inform the opinion of foreign youth 
of the United States and its people.
    The safety and security of these participants are of paramount 
importance to the Department. Although participants are generally 17 to 
18 years of age, some participants are as young as 15 and often away 
from home for the first time. Given the vulnerable status of such a 
population the Department is proposing that all officers, employees, 
representatives, agents, and volunteers acting on the sponsors' behalf 
not only be adequately trained and supervised but also pass a criminal 
background check. This proposed change is consistent with requirements 
that have been adopted nationwide for volunteers and employees of 
organizations serving youth populations. The Department anticipates 
that a sufficient network of local and state mechanisms is now in place 
to provide for the convenient and cost effective vetting of these 
individuals.
    As a related issue, the Department is proposing that all adult 
members of a prospective host family be vetted through a sex offender 
registry maintained by the state in which the host family resides. 
These registries have been established over the last few years and are 
now available in 48 of the 50 states. The registries are easily 
accessed and require only the name and zip code of the individual being 
vetted. The efficiencies of these registries are also evolving rapidly 
as more states mandate the registering of sex offenders. To further 
protect student participants, the Department is also proposing that 
sponsors provide written information to each participant regarding the 
reporting of sexual abuse or exploitation. The Department concludes 
that such information is well advised given the youth of the 
participants and cross cultural differences that may contribute to a 
reluctance to speak out regarding such matters.
    To provide greater clarity regarding program eligibility, the 
Department proposes to amend existing regulations set forth at 62.25(e) 
to require that student participants be bona fide students not more 
than 18 years and six months of age as of the program start date. This 
change may have a limited effect on the pool of potential exchange 
participants but is appropriate given the demographics of U.S. high 
school education. Students past this age have generally completed high 
school studies in their home country and would be more appropriately 
placed in a community college or other higher education institution. 
The Department is also of the opinion that older students will receive 
limited benefit from this exchange activity.
    All secondary school student program sponsors are required to 
submit a placement report by August 31 of each academic year, and by 
January 15 of each year for those programs which have students arriving 
for the Spring semester or calendar year programs. The placement report 
is expected to include all final placements for the semester or year. 
For example, it is to include all placed exchange visitors for the 
academic year program, including participants for the fall semester 
only. Students selected by program sponsors, but not placed by August 
31, should not enter the U.S. for the academic year/fall semester 
programs. They must wait until the Spring semester to participate in 
the Exchange Visitor Program.

[[Page 47153]]

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department is publishing this rule as a proposed rule, with a 
60-day provision for public comments, in accordance with 5 U.S.C. 553.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    These proposed changes to the regulations are hereby certified as 
not expected to have a significant economic impact on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act, 5 U.S.C. 601-612, and Executive Order 13272, section 
3(b).

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 5 U.S.C. 804 for the 
purposes of Congressional review of agency rulemaking under the Small 
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801-
808). 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 competition, employment, 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 12988

    The Department has reviewed this regulation in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Executive Orders 12372 and 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. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this regulation.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

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. Section 62.25 is revised to read as follows:


Sec.  62.25  Secondary school students.

    (a) Introduction. This section governs Department of State 
designated exchange visitor programs under which foreign national 
secondary school students are afforded the opportunity for up to one 
year of study in a United States accredited public or private secondary 
school, while living with an American host family or residing at an 
accredited U.S. boarding school.
    (b) Program sponsor eligibility. Eligibility for designation as a 
secondary school student exchange visitor program sponsor shall be 
limited to organizations:
    (1) With tax-exempt status as conferred by the Internal Revenue 
Service pursuant to section 501(c)(3); and
    (2) Which are United States citizens as such terms are defined in 
Sec.  62.2.
    (c) Program eligibility. Secondary school student exchange visitor 
programs designated by the Department of State must:
    (1) Require all participants to be enrolled and participating in a 
full course of study at an accredited educational institution;
    (2) Allow entry of participants for not less than one academic 
semester (or quarter equivalency) nor more than two academic semesters 
(or quarter equivalency) duration; and
    (3) Be conducted on a U.S. academic calendar year basis, except for 
students from countries whose academic year is opposite that of the 
United States. Exchange students may begin in the second semester of a 
U.S. academic year if specifically permitted to do so, in writing, by 
the school in which the exchange visitor is enrolled. Both the host 
family and school must be notified prior to the exchange student's 
arrival in the United States that the placement is for either an 
academic semester or year, or calendar year program.
    (d) Program administration. Sponsors must ensure that all officers, 
employees, representatives, agents, and volunteers acting on their 
behalf:
    (1) Are adequately trained and supervised;
    (2) Make no student placement beyond a two-hour driving time of the 
home of a local organizational representative authorized to act on the 
sponsor's behalf in both routine and emergency matters arising from an 
exchange student's participation in the exchange visitor program;
    (3) Ensure that no organizational representative act as both host 
family and area supervisor for any exchange student participant;
    (4) Maintain, at minimum, a monthly schedule of personal contact 
with the student and host family, and ensure that the school has 
contact information for the local organizational representative and the 
program sponsor's main office; and
    (5) Adhere to all regulatory provisions set forth in this Part and 
all additional terms and conditions governing program administration 
that the Department may from time to time impose.
    (e) Student selection. In addition to satisfying the requirements 
of Sec.  62.10(a), sponsors must ensure that all participants in a 
designated secondary

[[Page 47154]]

school student exchange visitor program are:
    (1) Secondary school students in their home country who have not 
completed more than eleven years of primary and secondary study, 
exclusive of kindergarten; and
    (2) At least 15 years of age but not more than 18 years and six 
months of age as of the program start date; and
    (3) Demonstrate maturity, good character, and scholastic aptitude; 
and
    (4) Have not previously participated in an academic year or 
semester secondary school student exchange program in the United States 
or attended school in the United States in either F-1 or J-1 visa 
status.
    (f) Student enrollment. (1) Sponsors must secure prior written 
acceptance for the enrollment of any exchange student participant in a 
United States public or private secondary school prior to issuing a 
Form DS-2019. Such prior acceptance must:
    (i) Be secured from the school principal or other authorized school 
administrator of the school or school system that the exchange student 
participant will attend; and
    (ii) Include written arrangements concerning the payment of tuition 
or waiver thereof if applicable.
    (2) Under no circumstance may a sponsor facilitate the entry into 
the United States of an exchange student for whom a written school 
placement has not been secured.
    (3) Sponsors must maintain copies of all written acceptances and 
make such documents available for Department of State inspection upon 
request.
    (4) Sponsors must provide the school with a translated ``written 
English language summary'' of the exchange student's complete academic 
course work prior to commencement of school, in addition to any 
additional documents the school may require.
    (5) Sponsors may not facilitate the enrollment of more than five 
exchange students in one school unless the school itself has requested, 
in writing, the placement of more than five students.
    (g) Student orientation. In addition to the orientation 
requirements set forth at Sec.  62.10, all sponsors must provide 
exchange students, prior to their departure from the home country, with 
the following information:
    (1) A summary of all operating procedures, rules, and regulations 
governing student participation in the exchange visitor program;
    (2) A detailed summary of travel arrangements;
    (3) A detailed profile of the host family in which the exchange 
student is placed. The profile shall state whether the host family is 
either a permanent placement or a temporary arrival family;
    (4) A detailed profile of the school and community in which the 
exchange student is placed; and
    (5) An identification card which lists the exchange student's name, 
United States host family placement address and telephone number, and a 
telephone number which affords immediate contact with both the program 
sponsor, the program sponsor's organizational representative, and 
Department of State in case of emergency. Such cards may be provided in 
advance of home country departure or immediately upon entry into the 
United States.
    (h) Student extra-curricular activities. Exchange students may 
participate in school sanctioned and sponsored extra-curricular 
activities, including athletics, if such participation is:
    (1) Authorized by the local school district in which the student is 
enrolled; and
    (2) Authorized by the State authority responsible for determination 
of athletic eligibility, if applicable.
    (i) Student employment. Exchange students may not be employed on 
either a full or part-time basis but may accept sporadic or 
intermittent employment such as babysitting or yard work.
    (j) Host family selection. Sponsors must adequately screen and 
select all potential host families and at a minimum must:
    (1) Provide potential host families with a detailed summary of the 
exchange visitor program and the parameters of their participation, 
duties, and obligations;
    (2) Utilize a standard application form that must be signed and 
dated by all potential host family applicants which provides a detailed 
summary and profile of the host family, the physical home environment, 
family composition, and community environment. Exchange students are 
not permitted to reside with relatives.
    (3) Conduct an in-person interview with all family members residing 
in the home;
    (4) Ensure that the host family is capable of providing a 
comfortable and nurturing home environment;
    (5) Ensure that the host family has a good reputation and character 
by securing two personal references for each host family from the 
school or community, attesting to the host family's good reputation and 
character;
    (6) Ensure that the host family has adequate financial resources to 
undertake hosting obligations;
    (7) Verify that each member of the host family household eighteen 
years of age and older has been vetted through a sex offender registry 
in their state, if that state maintains such a registry; and
    (8) Maintain a record of all documentation, including but not 
limited to application forms, background checks, evaluations, and 
interviews, for all selected host families for a period of three years.
    (k) Host family orientation. In addition to the orientation 
requirements set forth in Sec.  62.10, sponsors must:
    (1) Inform all host families of the philosophy, rules, and 
regulations governing the sponsor's exchange visitor program;
    (2) Provide all selected host families with a copy of Department of 
State-promulgated Exchange Visitor Program regulations; and
    (3) Advise all selected host families of strategies for cross-
cultural interaction and conduct workshops which will familiarize the 
host family with cultural differences and practices.
    (l) Host family placement. (1) Sponsors must secure, prior to the 
student's departure from his or her home country, a permanent or 
arrival host family placement for each exchange student participant. 
Sponsors may not:
    (i) Facilitate the entry into the United States for an exchange 
student for whom a host family placement has not been secured; or
    (ii) Place more than one exchange student with a host family 
without the express prior written consent of the Department of State. 
No more than two exchange students may be placed with one host family.
    (2) Sponsors must advise both the exchange student and host family, 
in writing, of the respective family compositions and backgrounds of 
each, whether the host family placement is a permanent or temporary 
placement, and facilitate and encourage the exchange of correspondence 
between the two prior to the student's departure from the home country.
    (3) In the event of unforeseen circumstances which necessitate a 
change of host family placement, the sponsor must document the 
reason(s) necessitating such change and provide the Department of State 
with an annual statistical summary reflecting the number and reason(s) 
for such change in host family placement in the program's annual 
report.
    (m) Reporting Requirements. Along with the annual report required 
by regulations set forth at Sec.  62.15, sponsors shall:
    (1) Immediately report to the Department and local law enforcement 
authorities any incident or allegation involving the actual or alleged 
sexual

[[Page 47155]]

exploitation or abuse of an exchange student participant. Failure to 
report such incidents to the Department and local law enforcement 
authorities shall be grounds for the summary suspension and termination 
of the sponsor's Exchange Visitor Program designation.
    (2) Provide a summation of all situations which resulted in the 
placement of exchange student participants with more than one host 
family or school placement; and
    (3) Provide a report of all final academic year and semester 
program participant placements by August 31 for the upcoming academic 
year or January 15 for the Spring semester and calendar year. The 
report must provide at a minimum, the exchange visitor student's full 
name, Form DS-2019 number (SEVIS Id ), host family placement 
(current U.S. address), and school (site of activity) address.

    Dated: August 9, 2005.
Dina Habib Powell,
Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 05-16128 Filed 8-11-05; 8:45 am]
BILLING CODE 4710-05-P