[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Proposed Rules]
[Pages 68200-68208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30274]


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DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice: 6853]
RIN 1400-AC56


Exchange Visitor Program--Secondary School Students

AGENCY: Department of State.

ACTION: Proposed rule with request for comment.

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SUMMARY: The Department of State is proposing to amend and improve the 
Exchange Visitor Program regulations by providing greater specificity 
and clarity to sponsors of the Secondary School Student category with 
respect to the execution of sponsor oversight responsibilities under 
the exchange visitor programs. This section of the regulations governs 
Department

[[Page 68201]]

designated exchange visitor programs under which foreign secondary 
school students (ages 15-18\1/2\) are afforded the opportunity to study 
in the United States at an accredited public or private secondary 
school for an academic semester or an academic year while living with 
an American host family or residing at an accredited U.S. boarding 
school. Specifically, the Department is proposing to amend existing 
regulations regarding the screening, selection, school enrollment, 
orientation, and monitoring of overall quality assurance on behalf of 
student participants; and the screening, selection, orientation, and 
quality assurance monitoring of host families. This program is 
recognized as one of the Department's most valued exchange initiatives. 
The Department believes, however, that the lack of sufficient 
specificity in the regulations or lack of suitable, minimum industry 
standards may have contributed to the placement of students with 
unacceptable, or poorly screened, host families thereby putting at risk 
the health, safety and well-being of this most vulnerable group of 
exchange visitors. The Department also recognizes that local 
coordinators, who serve as representatives (employees or volunteers) of 
the Secondary School Student sponsors and who have responsibility for 
obtaining school enrollment and locating and recruiting host families, 
are the critical link to a successful exchange program. Local 
coordinators exercise a degree of independent judgment when determining 
whether a potential host family is capable of providing a comfortable 
and nurturing home environment for a Secondary School Student, whether 
that family is an appropriate match for the student, and whether they 
have adequate financial resources to undertake hosting obligations. 
Accordingly, the Department proposes the adoption of an annual testing 
and certification program for all local and regional coordinators that 
will entail, inter alia, specifying more clearly the Department's 
regulatory requirements as well as all sponsoring organization specific 
training required by the organization for whom the local and regional 
coordinators work.

DATES: The Department will accept comments from the public up to 
February 22, 2010.

ADDRESSES: You may submit comments, identified by any of the following 
methods:
     Persons with access to the Internet may view this notice 
and provide comments by going to the regulations.gov Web site at: 
http://www.regulations.gov/index.cfm.
     Mail (paper, disk, or CD-ROM submissions): U.S. Department 
of State, Office of Designation, SA-5, Floor 5, 2200 C Street, NW., 
Washington, DC 20522-0505.
     E-mail: [email protected]. You must include the title 
and RIN in the subject line of your message.

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Deputy Assistant 
Secretary for Private Sector Exchanges, U.S. Department of State, SA-5, 
Floor 5, 2200 C Street, NW., Washington, DC 20522-0505; or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The Department has authorized Secondary 
School Student programs since 1949, following passage of the United 
States Information and Educational Exchange Act of 1948 and adoption of 
22 CFR Part 68--Exchange Visitor Program, establishing a student 
exchange program (14 FR 4592, July 22, 1949). Over the last 60 years, 
more than 850,000 foreign exchange students have lived in and learned 
about America through these Secondary School Student programs.
    In 1993, the United States Information Agency, the predecessor 
agency with oversight of the Exchange Visitor Program, substantially 
rewrote the regulations governing the Exchange Visitor Program, 
including the Secondary School Student category. (See 58 FR 15196, Mar. 
19, 1993, as amended at 59 FR 34761, July 7, 1994, redesignated at 64 
FR 54539, Oct. 7, 1999.) Since this time, significant changes in makeup 
of the American family and widespread access to new technologies have 
necessitated additional updates to the regulations governing the 
Secondary School Student Exchange Visitor Program category. In 2006, 
the Department adopted new regulations set forth at 22 CFR 62.25 to 
require Secondary School Student program sponsors to complete criminal 
background checks on all officers, employees, agents, representatives 
and volunteers acting on their behalf who have direct contact with 
exchange students and to require program sponsors to contact host 
families and students monthly. Additionally adopted were the 
requirements that all adult members of a host family household (age 18 
or older) undergo a criminal background check prior to the placement of 
an exchange student in the home, and that sponsors must report any 
allegation of sexual misconduct to both the Department and local law 
enforcement authorities as required in that jurisdiction (see http://www.childwelfare.gov for a list by state of child abuse and neglect 
statutes). (71 FR 16696, April 4, 2006.)
    Educational and cultural exchanges are the cornerstone of U.S. 
public diplomacy and an integral component of American foreign policy. 
Secondary School Student exchange programs promote mutual understanding 
by providing foreign students the opportunity to study in American high 
schools while living with an American host family. Not only are the 
students themselves transformed by these experiences, but so too are 
their families, friends, and teachers in their home countries. By 
studying and participating in daily student life in the United States, 
Secondary School Student participants gain an understanding of and an 
appreciation for the similarities and differences between their culture 
and that of the United States. These students enrich their schools and 
communities with different perspectives of other cultures and events, 
providing the local community with new and diverse perspectives. 
Secondary School Student exchanges also foster enduring relationships 
and lifelong friendships which help build longstanding ties between the 
people of the United States and other countries. American Secondary 
School Students are provided opportunities to increase their knowledge 
and understanding of the world through these friendships. Participating 
schools gain from the experience of having international students in 
the classroom, at after-school activities, and in their community.
    The great majority of exchange students who come to the United 
States to attend high school become more accepting of the democratic 
values of American society and its cultural differences, grow in 
independence and maturity, improve their English language skills, and 
overall enjoy a positive life-changing experience. As with other 
Exchange Visitor Program categories, the underlying purpose of the 
Secondary School Student Program is to further U.S. diplomatic and 
foreign policy goals by encouraging this positive academic and social 
interaction. Experience has shown that these students will share the 
knowledge and goodwill derived from their exchanges with their fellow 
citizens upon return to their home countries.
    While most of the Department's nearly 30,000 annual exchanges of 
secondary school students conclude with positive experiences for both 
the exchange student and the American

[[Page 68202]]

host family, a number of incidents have occurred recently with respect 
to student placement and oversight which demand the Department's 
immediate attention. The success of the Secondary School Student 
program is dependent on the generosity of the American families who 
support this program by welcoming foreign students into their homes. 
The Department believes, however, that the current status of the U.S. 
economy has made it more difficult to find sufficient numbers of 
suitable host families. The number of qualified foreign students 
desiring to come to the United States for a year of high school 
continues to rise and student demand is now placing pressure on the 
ability of sponsors to identify available and appropriate host family 
homes. The Department desires to provide the means to permit as many 
exchange students into the United States as possible so long as we can 
ensure their safety and well-being, which is our highest priority.
    Recent incidents of placement of exchange students with unsuitable 
host families have brought the Department, Congress, the American 
public, and members of the exchange community together in an initiative 
to upgrade this program to ensure a safe and positive exchange 
experience for every foreign student invited to participate in this 
exchange program. To achieve this goal, the Department has engaged in a 
series of actions and outreach to focus the Secondary School Student 
exchange industry on best practices and continued improvement in 
selection and monitoring of host families and students.
    Prior to the development of this proposed rule, the Department 
published an Advance Notice of Proposed Rulemaking (ANPRM) in the 
Federal Register to solicit comments from sponsors and from the general 
public on current best practices in the industry. (See 74 FR 45385, 
September 2, 2009.) The Notice focused on six areas: (1) The 
utilization of a standard application form for all host family 
applications; (2) the requirement for photographs of all host family 
homes (to include bedrooms, living areas, kitchen, outside of house and 
grounds) as part of the host family application process; (3) whether 
the host family application references should include references from 
family members or local coordinators, and whether one reference should 
be from the school in which the student is enrolled; (4) whether 
fingerprint-based criminal background checks should be required of all 
adult host family members and sponsor officers, employees, 
representatives, agents and volunteers who come, or may come, into 
direct contact with the students, and whether guidelines regarding the 
interpretation of criminal background checks are needed; (5) the 
establishment of baseline financial resources for potential host 
families, and (6) the establishment of limitations on the composition 
of potential host families.
    In light of the 97 comments received in response to the ANPRM, the 
Department has identified six areas that we believe will enhance the 
safety and well-being of foreign secondary school students studying in 
the United States. To effectively implement these changes, additional 
regulations are necessary. The following is an explanation of the 
proposed regulatory changes:

1. Standard Host Family Application Form

    The Department recognizes that many sponsors have invested 
significantly in technology to develop proprietary host family 
applications and application processing systems. The application 
formats used by sponsors vary but most contain uniform information 
required by the Department. Accordingly, the Department believes that 
standard information required for all host family applications, but 
processed in different formats, is preferable to a standard application 
form required for all potential host families. The required information 
fields can be found at Appendix F--``Information to be collected on 
Secondary School Student Host Family Applications''--of this 
rulemaking.

2. Requiring Photographs of the Host Family Home

    The Department finds that photographing potential host family homes 
is already standard practice with more than half of existing secondary 
student exchange sponsors. Many of the sponsors who commented on the 
recent Advance Notice of Proposed Rulemaking indicated that they find 
providing photographs to be a reasonable requirement and an industry 
``best practice'' to prevent secondary school students from being 
placed in unhealthy environments. The Department concurs and considers 
this a ``best practice'' and proposes that all sponsors photograph the 
exterior, kitchen, student's bedroom, bathroom, and family or living 
room of the potential host family's home.

3. Personal Character References for Host Family Applicants

    The Department has determined that personal character references 
should not include references from host family relatives or a sponsor 
representative (field staff or volunteers). The Department has also 
determined that obtaining a character reference from the school was not 
attainable and would be subject to privacy laws.

4. Measuring Host Family Financial Resources

    The Department has determined that regional differences in incomes 
and standards of living prevent adoption of a requirement that 
potential host families have a minimum household income. As such, a 
requirement would not fairly or accurately reflect cost of living 
differences for families in urban, suburban, exurban and rural areas, 
or determine the adequacy of the care the student will receive. 
However, the Department does not deem appropriate the placement of 
Secondary School Student exchange participants with host families 
receiving financial needs-based government subsidies for food or 
housing. Such families, by definition, lack sufficient financial 
resources to meet fully the financial obligations associated with 
hosting an exchange student.
    To assist sponsors in their required assessment of the host 
family's ability to undertake hosting obligations, the Department finds 
it appropriate and necessary for Secondary School Student exchange 
sponsors to obtain an objective measurement to determine the financial 
capability of potential families to host an exchange student. The 
Department believes this objective measurement can be achieved through 
collecting certain information on the host family application form. 
Accordingly, the Department proposes that sponsors query potential host 
families regarding household income and include a box on the host 
family application form denoting annual household income level (less 
than $25,000, $25-$50,000, $50,000-$75,000, $75,000 and above). 
Collection of this information will also provide the Department the 
option to refine its understanding of the demographic profile of host 
families. In evaluating host family resources, sponsors need to be 
mindful of the host family's obligation to provide three quality meals 
per day and ensure transportation to and from school and school 
activities.

5. Criminal Background Checks

    The Department has conducted significant analysis of this issue and 
recognizes that no single criminal background check, or combination of 
background checks, will guarantee that a potential host family member 
has no

[[Page 68203]]

record of any encounters with the U.S. criminal justice system. As the 
U.S. Attorney General opined in the June 2006 ``Attorney General's 
Report on Criminal History Background Checks'':

    No single source exists that provides complete and up-to-date 
information about a person's criminal history. The FBI-maintained 
criminal history database, however, is one of the better sources 
because it is based on positive identification and can provide, at a 
minimum, nationwide leads to more complete information. If provided 
such access, however, users may not want to rely exclusively on an 
FBI and state repository check and may also want to check other 
record sources, such as commercial databases and local courthouses 
to obtain more complete and up-to-date information in support of 
criminal history background screening.

http://www.justice.gov/olp/ag_bgchecks_report.pdf
As detailed in the Attorney General's Report, criminal background 
checks are primarily performed at the county, state and federal (FBI) 
levels and through private commercial vendors who operate as consumer 
reporting agencies. Each of these background checks provide certain 
information that the others do not; yet, collectively and individually, 
these records can be incomplete. Most crimes occur at the county level, 
and many, not all, county records are shared with state law enforcement 
and criminal repository agencies who in turn share some, not all, of 
these records with the FBI. In turn, the FBI maintains a database that 
includes all federal crimes in addition to an estimated 70-90% of state 
crimes. States simply do not report all required crimes to the FBI and 
many offenses such as DUIs are not required to be reported at all. 
State criminal history repositories also may not have records of 
offenses that have not been forwarded to them by local law enforcement 
agencies.
    A number of problems exist with conducting only a basic name and 
social security number background check through a private vendor, which 
include a lack of uniformity and comprehensiveness of records. 
Typically, private vendors purchase or gain access to criminal history 
information in bulk from county courthouses, state correctional 
facilities, and state criminal history repositories, creating databases 
searchable by an individual's name and social security number. Private 
vendor databases are acknowledged to be incomplete. The scope of 
criminal history information available to private vendors varies 
greatly by state and county as several states and counties restrict 
access to certain records or do not share or sell criminal history 
information to private vendors. It is important to note that FBI 
records are not made available to private vendor databases. Further, 
state and county repositories that sell or share information do not 
always provide private vendors with timely updates of new or revised 
records, resulting in outdated records in many private vendor 
databases.
    The Department finds that there is no standard across the industry 
and individual private vendors maintain their own diverse combinations 
of contracts with a variety of county and state criminal history 
repositories. A basic name and social security check by a private 
vender can also yield a false positive result (an individual's name or 
social security number is mistaken for that of another individual) or a 
false negative result (an individual's criminal record is missed 
because that individual provided a false name or false social security 
number). An accurate and updated private vendor check will, however, 
reveal residential information, as well as court, corrections, and sex 
offender record information. Due to the lack of uniformity of private 
vendor databases and potential for incomplete or inaccurate records, 
the Department finds significant potential for incomplete or inaccurate 
private vendor criminal background checks. Further complicating 
utilization of basic private vendor-conducted criminal background 
checks is the confusion arising from the cost associated with various 
searches. Although the non-governmental organization community is given 
a preferred rate for a basic name and social security number search, 
other search levels are available for additional fee (e.g. direct 
county and state criminal record searches). As noted above, regardless 
of cost, these private vendor searches suffer from the lack of complete 
data availability.
    An examination of the respective sources for criminal background 
checks follows:
    County Repository Search--Most crimes are prosecuted at the county 
level so most criminal records are found in county repositories. 
However, in a highly mobile society, it is very easy for someone to 
live in one county and commit a crime in another. In such a case, the 
crime would appear only in the county in which the crime was committed 
and a simple county of residence search would yield no record.
    State Repository Search--State records are considered the most 
complete source of criminal background records, yet suffer from the 
same limitations as the county search (a person could reside in one 
state and commit a crime in another). States also vary substantially in 
how well they maintain and update their criminal history repositories. 
Thus, a state search alone is inadequate.
    Private Vendor Search--Private vendor checks of an individual's 
name and Social Security Number can yield misdemeanors and crimes that 
might not show up at the state or even county level due to inaccurate/
insufficient reporting. A private vendor search also yields certain 
financial information not caught in the county, state or FBI searches.
    FBI Fingerprint-based Check--An FBI fingerprint-based search 
ensures correct identification of an individual and compares that 
individual's record against the records of the 50 states and 
territories of the United States to locate crimes committed outside the 
state of residence or during residence in another state.
    In addition to the criminal background checks by private vendors 
currently required of program sponsors, the Department recognizes the 
necessity of the FBI fingerprint-based criminal background check, which 
unlike a commercial name and Social Security background check, 
guarantees that the individual has accurately identified him/herself. 
Though states should report arrests to the FBI, many do not fully do 
so, leaving open the possibility of an arrest or criminal record not 
appearing in an FBI fingerprint-based criminal background check. 
However, many misdemeanors and DUI arrests are captured through private 
vendor Social Security Number and name checks. Thus the Department 
finds that the safety and well-being of Secondary School Student 
participants would be best served by requiring the FBI fingerprint-
based search supplemented by a private vendor search, and a National 
Sex Offender Registry check.
    The Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 
109-248) requires FBI fingerprint-based checks for all prospective 
foster care or adoptive parents. Given the closely related nature of 
the placement of a foreign exchange student aged 15-18 with American 
host parents to that of a foster care placement or adoption (e.g., 
long-term residence of a child with a new ``host'' family) the 
Department proposes to mirror existing adoptive/foster care criminal 
background check laws. In light of the Adam Walsh Act, the above cited 
Attorney General's Report, and the direct correlation of a foster 
parent to an Exchange Visitor Program host parent, we propose to seek 
the FBI's commitment to conduct

[[Page 68204]]

fingerprint-based criminal background checks on host family members. 
The Department also determined that the best combination of background 
checks should include:
    (1) An FBI fingerprint-based criminal background check;
    (2) A basic private vendor Social Security Number and name check; 
and
    (3) A National Sex Offender Registry check.
    The Department's goal is to require that these checks be conducted 
annually on all potential host family members aged eighteen and older, 
including any family member who will turn eighteen years of age during 
the exchange visitor's stay, as well as on all officers, employees, 
representatives, agents, and volunteers acting on a sponsor's behalf.
    Though there is a significantly higher cost involved with an FBI 
fingerprint-based criminal background check (approximately $70 for many 
state and FBI fingerprint-based searches), than with the currently 
performed private vendor check of Social Security Number and name 
(approximately $4 for many non-profit organizations), the Department 
has determined that the safety of each Secondary School Student invited 
to participate in this program outweighs the additional costs.
    Finally, the Department has been advised that less than 1% of 
criminal background checks of potential host family members contain any 
negative information regarding criminal activity. Accordingly, the 
Department is considering adoption of a standard that will disqualify 
any potential host family applicant for whom a criminal background 
check reveals a negative record other than a parking violation.

6. Host Family Composition

    The Department does not define what constitutes a family; however, 
we take administrative notice that a family is considered to be more 
than one person. To ensure the Secondary School Student program's 
integrity and original intent, no single adults will be allowed to host 
Secondary School Students. Families comprised of one adult with a 
school-aged (K-12) child living full-time in the home and families 
comprised of two adults will be permitted to host Secondary School 
Students.
    Further, this proposed rule includes three proposed changes and 
clarifications to existing regulations that will provide greater 
specificity and oversight improvements to better reflect what the 
Department deems to be current ``best practices.'' These changes 
include:
    (1) Prohibition of payment to host families;
    (2) The requirement that a separate host family orientation be 
conducted after the host family application process has been completed; 
and
    (3) The requirement that the first monthly visit to the exchange 
student must be conducted by an organizational representative other 
than the local coordinator who found the host family and made the 
placement.
    Finally, the Department recognizes that the exercise of good 
judgment by sponsors' local coordinators is the critical link to a 
successful exchange program. The Department proposes the adoption of a 
testing and certification program for all local and regional 
coordinators to be administered by the sponsors and to include a 
detailed explanation of the Department's regulatory requirements in 
addition to individual training by the sponsor organization for whom 
the local coordinator works. This training will include a minimum of 
eight hours of instruction to provide a comprehensive understanding of 
the Exchange Visitor Program, its public diplomacy objectives, and the 
Secondary School Student category rules and regulations. The training 
will also include instructions on conflict resolution; how to handle 
and report emergency situations; sexual conduct codes and appropriate 
responses; the criteria to be used in screening potential host 
families; and the exercise of good judgment in determining the 
suitability of a host family placement. Training is to be conducted by 
a full-time staff member of the sponsor, and may be rendered in 
classroom, one-on-one, or via an online platform. If training is 
conducted online, the sponsor must demonstrate successful completion of 
the course by the local coordinator via on an online test. The 
Department will review all training materials and will require that 
these materials be provided with the sponsor application for 
designation or redesignation. The Department additionally proposes that 
local coordinators be required to undergo annual certification and a 
minimum of three hours of refresher training each year following 
completion of the original training. The refresher course will include 
an overview of the same categories of the eight-hour course as well as 
guidance on any new rules and regulations and current Secondary School 
Student program-wide issues.

Administrative Procedure Act

    While the Department is of the view that the Exchange Visitor 
Program is not governed by Sec.  553 (Rulemaking) or Sec.  554 
(Adjudications) of the Administrative Procedure Act because the 
Exchange Visitor Program involves a foreign affairs function of the 
United States, it is nevertheless publishing this rule as a proposed 
rule, with a 60-day provision for public comments, consistent with the 
requirements of Sec.  553 of the Administrative Procedure Act.

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 proposed 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.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Section 5 of Executive Order 13175 do 
not apply to this rulemaking.

Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed 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

[[Page 68205]]

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

    OMB Control Number 1405-0147 (Form DS-7000) applies to this 
information collection. The Department will seek an amendment to that 
collection to accommodate the new information to be requested under 
this rule, consistent with the Paperwork Reduction Act, 44 U.S.C. 
Chapter 35.

List of Subjects in 22 CFR Part 62

    Cultural exchange program.

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

PART 62--EXCHANGE VISITOR PROGRAM

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

    Authority:  8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 
1431-1442, 2451 et seq.; Foreign Affairs Reform and Restructuring 
Act of 1998, Pub. L. 105-277, Div. G, 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; the Illegal 
Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 
1996, Pub. L. 104-208, Div. C, 110 Stat. 3009-546, as amended; 
Uniting and Strengthening America by Providing Appropriate Tools 
Required to Intercept and Obstruct Terrorism Act of 2001 (USA 
PATRIOT ACT), Public Law 107-56, Sec. 416, 115 Stat. 354; and the 
Enhanced Border Security and Visa Entry Reform Act of 2002, Public 
Law 107-173, 116 Stat. 543.

    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 is limited to 
organizations:
    (1) With tax-exempt status as conferred by the Internal Revenue 
Service pursuant to section 501(c)(3) of the Internal Revenue Code; and
    (2) Which are United States citizens as such term is 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, including completion of 
an eight hour Department-approved training course that provides a 
comprehensive understanding of the Exchange Visitor Program; its public 
diplomacy objectives; the Secondary School Student category rules and 
regulations; sexual conduct codes; the screening of potential host 
families and the exercising of good judgment to determine what 
constitutes a suitable host family placement. Training will be 
conducted by a full-time staff member of the sponsor, and may be 
rendered in classroom, one-on-one, or via an online platform. Sponsors 
must demonstrate successful completion of the course by the local and 
regional coordinators. All sponsor training materials must be submitted 
to the Department for its review as part of the sponsor application for 
designation or redesignation. A three hour refresher training course is 
required for all local and regional coordinators each year following 
completion of the eight hour training course. The refresher course will 
include an overview of the same categories of the eight hour course as 
well as guidance on any new rules and regulations and current Secondary 
School Student program-wide issues.
    (2) Have been vetted annually through an FBI fingerprint-based 
criminal background check, a private vendor-conducted basic name and 
social security number check, and a check of the National Sex Offender 
Registry.
    (3) Make no student placement beyond 120 miles 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;
    (4) Ensure that the host family undergoes a separate orientation to 
be conducted at a date after the host family application process 
concludes;
    (5) Ensure that no organizational representative act as both host 
family and a local coordinator or area supervisor for any single 
exchange student participant;
    (6) Maintain, at minimum, a monthly schedule of personal contact 
with the student and with the host family, including one in-person and 
in-private visit with the student, and ensure that the school has 
contact information (including the name, direct phone number, and 
email) for the local organizational representative and the program 
sponsor;
    (7) Ensure that the first monthly visit to the Secondary School 
Student must be conducted by a sponsor representative other than the 
local coordinator who found the host family and made the placement; and
    (8) Adhere to all regulatory provisions set forth in this Part and 
all additional terms and conditions governing program

[[Page 68206]]

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 school student exchange visitor program:
    (1) Are secondary school students in their home country who have 
not completed more than eleven years of primary and secondary study, 
exclusive of kindergarten; or are at least 15 years of age but not more 
than 18 years and six months of age as of the program start date;
    (2) Demonstrate maturity, good character, and scholastic aptitude; 
and
    (3) 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. 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. Sponsors must inform the 
prospective host school of any student who has completed secondary 
school in his/her home country.
    (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.
    (6) Upon issuance of Form DS-2019 to a prospective participant, the 
sponsor accepts full responsibility for placing the student, except in 
cases of voluntary student withdrawal or visa denial.
    (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 along 
with a detailed summary of travel arrangements;
    (2) A copy of the Department's letter to exchange students;
    (3) Age and language appropriate information on how to identify and 
report sexual abuse or exploitation;
    (4) A detailed profile of the host family in which the exchange 
student is placed. The profile must state whether the host family is 
either a permanent placement or a temporary-arrival family;
    (5) A detailed profile of the school and community in which the 
exchange student is placed; and
    (6) An identification card, which lists the exchange student's 
name, United States host family placement address and telephone 
numbers, and sponsor name and main office contact numbers, the name and 
direct (as well as cellular) telephone number of the local coordinator 
and area representative and the Department of State office number and 
Secondary Student toll free number. The identification card must also 
contain the name of the health insurance provider and policy number. 
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 
(to include photographs of the host family home's exterior and grounds, 
kitchen, student's bedroom, student's bathroom, and family and living 
areas), family composition and community environment. Exchange students 
are not permitted to reside with relatives of the host family.
    (3) Conduct an in-person, individual-by-individual 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 and that the student's 
bedroom contains a separate bed for the student, not convertible or 
inflatable in nature, adequate storage space for the student's clothes 
and personal belongings, reasonable access to bathroom facilities, 
study space if not otherwise available in the house and reasonable, 
unimpeded access to the outside of the house in the event of a fire or 
similar emergency.
    (5) Ensure that the host family has a good reputation and character 
by securing two personal references from within the community for each 
host family, which may not be obtained from relatives or 
representatives of the sponsor (i.e. field staff or volunteers), 
attesting to the host family's good reputation and character;
    (6) Ensure that the host family has adequate financial resources to 
undertake hosting obligations and are not receiving needs-based 
government subsidies for food or housing;
    (7) Verify that each member of the host family household eighteen 
years of age and older, or each member of the host family household who 
will turn eighteen years of age during the exchange student's stay in 
that household, has undergone an FBI fingerprint-based criminal 
background check, a private vendor-conducted basic name and social 
security number check, and a check of the National Sex Offender 
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 
following completion of the student's exchange program.
    (9) Ensure that potential single adult host parents have at least 
one school-aged child living full-time in the host family home.
    (k) Host family orientation. In addition to the orientation 
requirements set forth in Sec.  62.10, sponsors must:

[[Page 68207]]

    (1) Inform all host families of the philosophy, rules, and 
regulations governing the sponsor's exchange visitor program, including 
examples of ``worst practices'' in the exchange experience;
    (2) Provide all selected host families with a copy of Department of 
State-promulgated Exchange Visitor Program regulations and a copy of 
the Department of State letter to exchange student host families; 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;
    (ii) Place more than one exchange student with a host family 
without the express prior written consent of the Department of State. 
Under no circumstance may more than two exchange students 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 must file with the 
Department of State the following information:
    (1) Sponsors must immediately report to the Department any incident 
or allegation involving the actual or alleged sexual exploitation or 
abuse of an exchange student participant. Sponsors must also report 
such allegations as required by local or state statute or regulation. 
Failure to report such incidents to the Department and, as required by 
state law or regulation, to local law enforcement authorities shall be 
grounds for the summary suspension and termination of the sponsor's 
Exchange Visitor Program designation.
    (2) 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), school (site of activity) address, and name of 
local coordinator.
    3. A new Appendix F is added to Part 62, as follows:

Appendix F to Part 62--Information To Be Collected on Secondary School 
Student Host Family Applications

Information To Be Collected on Secondary School Student Host Family 
Applications

Basic Family Information:
    a. Host Family Member--Full name & relationship (stays 
overnight)
    b. DOB
    c. Address
    d. Employment--employer name, job title, and point of contact 
for each working resident of the home
    e. Is the residence part of a functioning business? (ex: 
daycare, farm)
    f. Does any resident of the home have physical or mental 
disabilities? Y/N If yes, describe each disability:
Household Pets:
    a. Type of Pets
    b. Number of Pets
Financial Resources:
    a. Average Annual Income Range: Less than $25,000; $25,000-
$50,000; $50,000-$75,000; $75,000 and above
    b. Describe if anyone residing in the home receives any kind of 
public assistance (financial needs-based government subsidies for 
food or housing)?
    c. Personal expenses expected to be covered by the student
Diet:
    a. Does anyone in the family follow any dietary restrictions? 
(Y/N) If yes, describe:
    b. Do you expect the student to follow any dietary restrictions? 
(Y/N) If yes, describe:
    c. Would you feel comfortable hosting a student who follows a 
particular dietary restriction (ex. Vegetarian, Vegan, etc.)? (Y/N)
Religious Affiliation:
    a. What is your family's religious affiliation/denomination/
congregation?
    b. How often do you attend religious services?
    c. Do you expect the EV to attend religious services with your 
family*? (Y/N) *Students cannot be required to attend religious 
services. However, as part of the exchange, they are encouraged to 
experience this facet of U.S. culture at their discretion.
    d. Would you feel comfortable hosting a student who attended 
services other than your own or did not attend religious services?
High School Information:
    a. Name and address of school (private or public school):
    b. Approximate size of the school student body:
    c. Approximate distance of school from your home:
    d. Approximate start date of the school year:
    e. How will the exchange student get to the school?
    f. Would special transportation be necessary for extracurricular 
activities after school or in the evenings? If yes, how could this 
be arranged?
    g. Which of your family's children, if any, presently attend 
this school? If applicable, list sports/clubs/activities, if any, 
your child(ren) participate(s) in at the school:
    i. Does any member of your household work for the high school in 
a coaching/teaching/or administrative capacity?
    j. Has any member of your household had contact with a coach 
regarding the hosting of an exchange student with particular 
athletic ability? If yes, please describe the contact and sport:
Community Information:
    a. In what type of community do you live (ex: Urban, Suburban, 
Rural, Farm, etc.)
    b. Population of community:
    c. Nearest Major City (Distance and population):
    d. Nearest Airport (Distance)
    e. City or town Web site:
    f. Briefly describe your neighborhood and community:
    g. What points of interest are near your area (parks, museums, 
historical sites)?
Home Description:
    a. Describe your type of home (ex: Single family home, 
Condominium, Duplex, Apartment, Mobile home)
    b. Describe Primary Rooms and Bedrooms:
    c. Number of Bathrooms
    d. Will the exchange student share their room? (Y/N) If yes, 
with which household resident?
    e. Describe the room where the exchange student will stay:
    f. Describe amenities that student has access to
    g. Utilities
Family Activities:
    a. Language spoken in Home
    b. What type of weather should the student expect for each 
season?
    c. Please describe activities and/or sports each family members 
participate in: (ex: Camping, Hiking, Dance, Crafts, Debate, Drama, 
Art, Music, Reading, Soccer, Baseball, Horseback riding, etc.)
    d. Describe your expectations regarding the responsibilities and 
behavior of the student while in your home (ex: Homework, Household 
chores, Curfew

[[Page 68208]]

(school night and weekend), Drinking of alcoholic beverages, 
Driving, Smoking, Computer/Internet/E-Mail)
References:

     Dated: December 16, 2009.
Stanley S. Colvin,
Deputy Assistant Secretary for Private Sector Exchanges, Bureau of 
Educational and Cultural Affairs, U.S. Department of State.

[FR Doc. E9-30274 Filed 12-22-09; 8:45 am]
BILLING CODE 4710-05-P