[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Proposed Rules]
[Pages 23196-23206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10168]
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DEPARTMENT OF STATE
22 CFR Part 62
RIN 1400-AC56
[Public Notice: 6982]
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 existing
regulations to impose new program administration requirements within
the secondary school student exchange program. These regulations govern
Department 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 accredited public or
private secondary schools for an academic semester or an academic year
while living with American host families or residing at accredited U.S.
boarding schools. Specifically, the Department is proposing to amend
existing regulations regarding the screening, selection, school
enrollment, orientation, and quality assurance monitoring on behalf of
student participants; and the screening, selection, orientation, and
quality assurance monitoring of host families and field staff. The
purpose of this rule is to solicit public comment regarding these
proposed changes that are offered to address the need for greater
clarity in current existing regulatory language. The Department's
objective is to better protect the health, safety, and welfare of these
participants though enhanced clarity of existing regulations. Due to
the academic calendar and the screening and selection cycle for the
conduct of the Secondary School Student program, the comment period of
this proposed rule has been set to 30 days from the date of
publication. Concerns regarding the safety and welfare of secondary
school student population necessitate a shorter comment period. To
provide sponsors with sufficient time to prepare for implementation of
changes in program administration to be effective in the academic year
2011/2012, the Department would like to accelerate this rulemaking.
DATES: The Department will accept comments from the public up to June
2, 2010.
ADDRESSES: You may submit comments, numbered by topic 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: JExchanges@state.gov. You must include the title
(Exchange Visitor Program--Secondary School Students) and RIN (1400-
AC56) in the subject line of your message.
FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Deputy Assistant
Secretary for Private Sector Exchange, U.S. Department of State, SA-5,
Floor 5, 2200 C Street, NW., Washington, DC 20522-0505; or e-mail at
JExchanges@state.gov.
SUPPLEMENTARY INFORMATION:
Comments
The Department has identified sixteen areas, as numbered in the
Supplementary text of this document. In your response, comments should
be numbered to coincide with the sixteen areas.
[[Page 23197]]
Background
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 that time, significant changes in the
makeup of the American family and widespread access to new technologies
have necessitated additional updates to these regulations. 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 had direct contact with
exchange students and to require program sponsors to contact host
families and students monthly. The Department also required sponsors to
ensure that all adult members of a host family household (age 18 or
older) to undergo criminal background checks prior to placing an
exchange student in the home. Sponsors must also report any allegation
of sexual misconduct or any other allegations of abuse or neglect 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).
The great majority of exchange students who come to the United
States to attend high school enjoy a positive life-changing experience,
grow in independence and maturity, improve their English language
skills, and build relationships with U.S. citizens. 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. Information on Department
of State sponsored exchange programs can be found at http://exchanges.state.gov/program evaluations/completed.html.
While the vast majority of the Department's nearly 28,000 annual
exchanges of secondary school students conclude with positive
experiences for both the exchange student and the American host
families, 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 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 welfare, which is
our highest priority.
The Department also recognizes that local coordinators, who serve
as representatives (employees or volunteers) of the Secondary School
Student program 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 it has
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 requiring specific training for the
local and regional coordinators engaged by the sponsor organizations.
This program is recognized as one of the Department's most valued
exchange initiatives. The Department believes that enhanced specificity
in the regulations and the establishment of minimum industry standards
will improve the placement of students and promote the health, safety
and well-being of this most vulnerable group of exchange visitors. The
Department, the Congress, the American public, and members of the
exchange community share the same goal of ensuring a safe and positive
exchange experience for every foreign student invited to participate in
this exchange program. To that end, 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 the general
public on current best practices in the industry. (See 74 FR 45385,
Sept. 2, 2009). The ANPRM focused on six areas: (1) Utilization of
standard information on a sponsor developed host family application
form; (2) requirement for photographs of all host family homes (to
include the student's bedroom, living areas, kitchen, outside of house
and grounds) as a part of the host family application process; (3) the
appropriateness of host family references from family members or local
coordinators, and the feasibility of obtaining one reference 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 student
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 submitted in response to the ANPRM, the
Department has identified sixteen areas that we believe will enhance
the safety and welfare 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 on which we invite comments:
[[Page 23198]]
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 current sponsor-
specific application formats vary but the Department has determined
that they all collect information responsive to regulatory
requirements. Accordingly, the Department believes that a Department-
mandated and designed standard application form for all potential host
families is not needed. However, to assist exchange sponsors in their
current or future development or amendment of application forms, the
Department has compiled a list of information fields, the collection of
which it deems a best practice. This list is set forth 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 a standard practice with more than half of existing
secondary student exchange sponsors. Many of the sponsors who commented
on the recent ANPRM indicated that they find providing photographs of
the home 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 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
Under this proposal, host family members and sponsor
representatives will not be permitted to serve as character references
for potential host families. Further, the Department has determined
that obtaining a character reference from local school officials is not
feasible, raises certain privacy concerns, and should thus no longer be
required.
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. Such a
requirement would not fairly or accurately reflect cost of living
differences for families in urban, suburban, exurban and rural areas.
Nor would such a requirement guarantee the adequacy of the care the
student would 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 which are necessary to meet
basic living needs. Such families, by definition, lack sufficient
financial resources to meet fully the financial obligations associated
with hosting exchange students. It is recognized, however, that there
could be a ``needs-based subsidy for food or housing'' whose
beneficiaries could be capable of caring for an exchange student and
the Department is therefore soliciting public comment on how best to
define the phrase ``needs-based'' in this context.
To assist sponsors in their required assessment of a potential
family's ability to undertake hosting obligations, the Department finds
it appropriate for Secondary School Student program sponsors to obtain
objective information on household income to help 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, already a current practice of many sponsors. 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 in broad ranges
(less than $25,000; $25, 000-$35,000; $35,000-$45,000; $45,000-$55,000;
$55,000-$65,000; $65,000-$75,000; and $75,000 and above). 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 for the exchange student to and from school and school
activities.
5. Criminal Background Checks
The Department has conducted significant analysis of this proposed
criminal background check requirement and recognizes that, to date, no
single criminal background check, or combination of criminal background
checks, has been identified as guaranteeing that a potential host
family member has no record of any serious or other encounters with
U.S. county, State or Federal criminal justice systems (hereinafter
``criminal record''). The Department currently requires a private
vendor name and social security number check of all potential host
family adults and proposes to expand this requirement to include an FBI
fingerprint-based criminal background check and a check of the National
Sex Offender Registry for each potential host family adult. The
Congress has recognized the importance of FBI fingerprint-based
criminal background checks as part of a screening process for adults
working with children on a professional or volunteer basis, and created
the Child Safety Pilot Program. This Pilot Program provides youth-
serving volunteer organizations access to the FBI master criminal
history database for the purpose of vetting potential volunteers or
employees. The Mentor organization, an NGO devoted to assisting youth-
serving volunteer organizations and a participant in the Child Safety
Pilot Program, has found the following since joining the pilot program:
``Of the nearly 69,000 volunteers screened during the pilot,
more than 6 percent had criminal records of concern, including
serious crimes such as murder, rape and child sexual abuse.
Furthermore, more than 41 percent of individuals with criminal
records of concern had committed crimes in States other than where
they were applying to volunteer--meaning only a nationwide check
would have caught the criminal records.'' http://www.mentoring.org/take_action/advocate_for_mentoring/background_checks/fact_sheet/.
The Department notes that there must exist sufficient statutory
authority for organizations to obtain FBI authorization to access the
FBI master criminal history database. The Child Safety Pilot Program,
which is administered by the National Center for Missing and Exploited
Children (NCMEC) and codified at 42 U.S.C. 5119, extends the
opportunity to access FBI-fingerprint-based criminal background checks
to the Boys and Girls Clubs of America, the National Council of Youth
Sports, the Mentor pilot program, as well as ``any nonprofit
organization that provides care, as that term is defined in section 5
of the National Child Protection Act of 1993 (42 U.S.C. 5119c) for
children.'' Care is defined at 42 U.S.C. 5119c as ``the provision of
care, treatment, education, training, instruction, supervision, or
recreation to children, the elderly, or individuals with
disabilities.'' Based on these statutory definitions, the Department
and the National Center for Missing and Exploited Children (NCMEC)
agree that the 90 Secondary School Student program sponsors designated
by the Department to facilitate Secondary School Student exchange
programs are eligible to apply
[[Page 23199]]
to NCMEC for participation in the Child Safety Pilot Program, or a
subsequent successor program, or as otherwise authorized by law. Each
sponsor would be required to apply to NCMEC, who will review the
application for sufficiency and will, in turn, recommend to the FBI
that the sponsor be included in the Child Safety Pilot Program. The FBI
has final approval authority. Should the Child Safety Pilot Program not
be extended or made permanent, this regulatory provision, if adopted,
would necessarily become null and void.
We additionally note in this regard that there is pending
legislation, the Child Protection Improvements Act of 2009 (S. 163,
H.R. 1469), that would amend the National Child Protection Act of 1993
to establish a permanent mechanism that would allow youth-serving
organizations access to FBI fingerprint-based criminal background
checks through a process similar to the one outlined above.
The NCMEC's FBI fingerprint-based criminal background check process
has been well and successfully administered since 2003. It is the
Department's understanding that NCMEC will comply with both FBI
criminal history record security policy and the Privacy Act regarding
the storage, dissemination and destruction of criminal history record
information. The Department will work with NCMEC to develop a standard
guideline for interpreting any results received from either the FBI
fingerprint-based criminal background check or the name and social
security number criminal background check. NCMEC would interpret/
adjudicate any identified criminal history records according to this
standard guideline and would provide to sponsors a ``green light/red
light'' (yes/no) determination for each host family adult. No potential
host family would be allowed to host a secondary school exchange
students if any host family member receives a ``red light'' result from
NCMEC.
As a related matter, the Department provides notice of and seeks
specific comment regarding ink and paper versus electronic collection
of fingerprints. Currently, NCMEC processes ink and paper fingerprints.
In such a process, an individual's fingerprints are inked and rolled
onto a blank paper card, which if taken correctly, must be scanned into
an electronic file before they are uploaded to the FBI for processing.
We have been advised that some 30-40% of all ink and paper fingerprints
taken are unclassifiable, meaning the fingerprints obtained are not of
sufficient quality to be electronically scanned for processing. In such
a situation, a new set of fingerprints would need to be taken and
resubmitted, causing significant delay in processing time.
Additionally, potential host family adults may be inconvenienced with
travel to a local police station or a fingerprinting service provider
to be ink and paper fingerprinted.
An alternative collection method is through electronic
fingerprinting, which the Department has discussed with NCMEC. We
believe that this process yields a number of important advantages over
the ink and paper fingerprinting process. First, while 30-40% of ink
and paper fingerprints are unclassifiable, electronic fingerprints are
unclassifiable only 1-1.5% of the time and can almost always be
corrected in real-time, permitting electronic fingerprints not taken
correctly to be flagged as incomplete or inaccurate and immediately
retaken. A number of private electronic fingerprinting organizations
exist throughout the United States that dispatch trained organizational
representatives to potential host family homes to electronically
fingerprint adult family members. The Department seeks specific comment
from the public regarding the value of this type of criminal background
check and these two alternative collection methods.
The Department recognizes that to be effective in the educational
exchange environment, criminal background checks must be timely, cost-
effective and not overly inconvenient for the host family. The
Department recognizes that a higher cost is involved for an ink and
paper FBI fingerprint-based criminal background check ($17.25 to $30.25
for the FBI fingerprint-based criminal background check plus any State
or local government processing fees, which on average would bring the
total cost to $70 per individual) than the cost for the currently
performed private vendor social security number and name check (i.e.
approximately $4 for many non-profit organizations). The total cost for
the electronic fingerprinting process is estimated at approximately
$300-$400 per host family for the private fingerprinting organization's
representative to visit the host family, collect electronic
fingerprints of all host family adults, transmit fingerprints to NCMEC
for subsequent channeling of the fingerprints to the FBI, adjudicate
any criminal record, and provide to sponsors a ``green light/red
light'' (yes/no) determination as to the host family's ability to host
an exchange visitor.
The Department is of the opinion that the safety of secondary
school students invited to participate in this program outweighs the
additional cost that may be incurred. Sponsors would be responsible for
absorbing the cost of either the ink and paper or electronic collection
process. We anticipate that this cost will be passed along to the
exchange student as an additional program cost or will be absorbed by
the sponsor. We specifically solicit and welcome comments regarding
cost, both financial and in terms of staff resources, for the ink and
paper and electronic FBI fingerprint-based criminal background checks.
Finally, the Department recognizes that a search of State criminal
history record databases would provide an additional level of review
and certainty of results. However, there is no uniform criminal history
record database standard across the various State jurisdictions, no
uniform practice in how States permit access to such repositories, and
States vary substantially in how well they maintain and how frequently
they update their criminal history repositories. Specifically, the June
2006 ``Attorney General's Report on Criminal History Background
Checks'' explains that some States make their records available for
non-criminal justice purposes ``more broadly than others,'' though
other States are ``limiting their use for non-criminal justice purposes
to those specifically authorized by State law.'' For many States, a
separate statutory authority must be obtained for specific non-criminal
justice criminal record searches. Given these parameters, the
Department seeks specific comments regarding the feasibility and
utility of also requiring State criminal history record checks.
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, the Department proposes that a potential
single adult host parent must have:
At least one school-aged child living full-time in the
host family home; or
A child that no longer resides in the host family home due
to custody agreements but who returns to the family home for frequent
visits; or
A child pursuing higher-education studies but who returns
to the family home for frequent visits.
No single adults will be allowed to host Secondary School Students.
Only families comprised of one adult meeting the above standard or
families
[[Page 23200]]
comprised of at least two adults will be permitted to host Secondary
School Students.
7. Local Coordinator Training Course
The Department recognizes that the exercise of good judgment by
sponsors' local coordinators is the critical factor in ensuring a
successful exchange program. Accordingly, in addition to the
individual, organization-specific training conducted by the sponsor's;
the Department proposes to adopt a testing and certification program
for all local and regional coordinators to be administered by and paid
for by the Department of State. This training will include instruction
designed 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 conducted
by the Department will also include instruction 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. Organizational-specific
training may be rendered in a classroom setting, 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 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 each year following completion of the original
training.
8. Number of Students and Host Families for Which a Local Coordinator
May Be Responsible.
The Department, which has over 20 years' experience with limiting
the responsibilities of local coordinators overseeing au pairs and
their host families is considering limiting the number of student and
host family placements that a local coordinator may oversee in the
Secondary School Student category of exchange. The Department is
seeking comments on whether it should establish a similar limit for the
Secondary School Student program, and if so, what such limits should be
for part-time versus a local coordinator working full-time.
Further, the Department proposes seven additional changes and/or
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 proposed
changes include:
9. Athletic Participation in the United States
Consistent with the purpose of participation in the Secondary
School Student program, athletic eligibility or participation in an
athletic program is not guaranteed. Approval for a foreign exchange
student to participate in an athletic program must be authorized by the
local school district in which the student is enrolled; and by the
State authority responsible for determination of athletic eligibility,
if applicable. The regulations are being clarified to reflect that an
exchange student may not be selected and placed based on athletic
ability.
10. Prohibition of Payments to Host Families
Historically, the Secondary School Student program has been carried
out through the use of voluntary host families. However, in May 2008
the Department learned that some sponsors were compensating American
families to host secondary school students. Existing regulations
governing this category of exchange do not specifically address payment
of host families. In response to concerns raised, the Department
canvassed the Secondary School Student exchange community requesting
their comment on this practice. At that time, there were 102
organizations designated by the Department to conduct Secondary School
Student exchange programs. Fifty organizations provided comment. Of
these, 4 indicated that they were currently paying host families and 6
believed that host families should be paid. The remaining 40 sponsors
opposed the payment of host families, citing that paying host families
would not serve the program well and that the long-term success of the
current model is based on the relationship between the participant and
the host family, the success of which is the result of an act of
generosity and citizenship. The Department agreed and on July 22, 2008,
published a Policy Notice that host families should not be paid for
hosting exchange students. The Department is proposing that the
prohibition of payment to host families be added to the regulations to
ensure that the integrity of the program is maintained.
11. Clarification that the host family orientation is to be
conducted after the host family application process has been completed
and the host family has been fully vetted and accepted into the
program.
12. A requirement that a visit to the host family home of the
secondary school student be conducted, within two months of placement,
by an organizational representative of the sponsor other than the local
coordinator who screened and selected the host family and made the
placement.
13. A requirement that no secondary school student placement be
made beyond one hour's drive of the home of a local organizational
representative, a change in an existing requirement that sets 120 miles
as the maximum.
14. A clearer distinction between training and supervision
requirements of officers, employees, representatives, agents, and
volunteers acting on behalf of the sponsor.
15. A prohibition against removing secondary school students'
government issued documents, personal computers and telephones from
their possession; and
16. Adoption of standards ensuring that sponsors' promotional
materials are professional, ethical, and accurately reflect the
sponsor's purposes, activities, and sponsorship. Promotional materials
should not compromise the privacy, safety or security of participants,
families or schools. Specifically, sponsors must not include personal
student data or contact information (including addresses, phone numbers
or e-mail addresses) or photographs of the student on Web sites or
other promotional materials. Sponsors would also ensure that access to
student profiles is password protected and would only be available to
potential host families who have been fully vetted and selected for
program participation.
Administrative Procedure Act
The Department of State is of the opinion that the Exchange Visitor
Program is a foreign affairs function of the U.S. Government and that
rules implementing this function are exempt from section 553
(Rulemaking) and section 554 (Adjudications) of the Administrative
Procedure Act (APA). The U.S. Government policy and longstanding
practice, has supervised and overseen foreign nationals who come to the
United States as participants in exchange visitor programs, either
directly or through private sector program sponsors or grantees. When
problems occur, the U.S. Government is often held accountable by
foreign governments for the treatment of their nationals, regardless of
who is responsible for the problems. The purpose of this rule is to
protect the
[[Page 23201]]
health and welfare of foreign nationals entering the United States
(often on programs funded by the U.S. Government) for a finite period
of time and with a view that they will return to their countries of
nationality upon completion of their programs. The Department of State
represents that failure to protect the health and welfare of these
foreign nationals will have direct and substantial adverse effects on
the foreign affairs of the United States. Although the Department is of
the opinion that this rule is exempt from the rulemaking provisions of
the APA, the Department is publishing this rule as a proposed rule,
with a 30-day provision for public comment and without prejudice to its
determination that the Exchange Visitor Program is a foreign affairs
function.
Regulatory Flexibility Act/Executive Order 13272: Small Business
As discussed above, the Department believes that this proposed rule
is exempt from the provisions of 5 U.S.C 553, and that no other law
requires the Department to give notice of proposed rulemaking.
Accordingly the Department believes that this proposed rule is not
subject to the requirements of the Regulatory Flexibility Act (5 U.S.C.
601, et seq.) or Executive Order 13272, section 3(b). However, the
Department has examined the costs and benefits associated with this
proposed rule, and declare that educational and cultural exchanges are
both the cornerstone of U.S. public diplomacy and an integral component
of American foreign policy. The Secondary School Student exchange
programs conducted under the authorities of the Exchange Visitor
Program promote mutual understanding by providing foreign students the
opportunity to study in American high schools while living with
American host families. 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 program participants gain an understanding of and an
appreciation for the similarities and difference between their culture
and that of the United States. Upon their return home, these students
enrich their schools and communities with different perspectives of
U.S. culture and events, providing local communities 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. In reciprocal fashion, 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 communities.
Though the benefits of these exchanges to the United States and its
people cannot be monetized, the Department is nonetheless of the
opinion that these benefits outweigh the costs associated with this
proposed rule.
Further, the Department has examined the potential impact of this
proposed rule on small entities. Entities conducting student exchange
programs are classified under code number 6117.10 of the North American
Industry Classification System. Some 5,573 for-profit and tax-exempt
entities are listed as falling within this classification. Of this
total number of so-classified entities, 1,226 are designated by the
Department of State as sponsors of an exchange visitor program,
designated as such to further the public diplomacy mission of the
Department and U.S. Government through the conduct of people to people
exchange visitor programs. Of these 1,226 Department designated
entities, 933 are academic institutions and 293 are for-profit or tax-
exempt entities. Of the 293 for-profit or tax-exempt entities
designated by the Department, 131 have annual revenues of less than $7
million thereby falling within the purview of the Regulatory
Flexibility Act. Thus, the Department finds that 2.3% of all
organizations conducting student exchange programs are both designated
by the Department as Exchange Visitor Program sponsors and also have
annual revenues of less than $7 million. Although, as stated above, the
Department is of the opinion that the Exchange Visitor Program is a
foreign affairs function of the United States Government and, as such,
that this proposed rule is exempt from the rulemaking provisions of
section 553 of the APA, given the projected costs of this proposed rule
discussed below and the number of entities conducting student exchange
programs noted above, the Department has determined that this proposed
rule will not have a significant economic impact on a substantial
number of small entities.
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. The Department is of the opinion
that the Exchange Visitor Program is a foreign affairs function of the
United States Government and that rules governing the conduct of this
function are exempt from the requirements of Executive Order 12866.
However, the Department has nevertheless reviewed this proposed
regulation to ensure its consistency with the regulatory philosophy and
principles set forth in that Executive Order.
The Department has identified potential costs associated with this
proposed rule beginning with the proposed requirement that sponsors
collect photographs documenting the exterior and interior of a
potential host family home. Although many sponsors currently collect
such photographs as part of the host family application and vetting
process, not all designated sponsors do so. Those sponsors that do
collect this photographic documentation find that the cost of doing so
is not
[[Page 23202]]
substantial as the photographs are taken by the local coordinator with
digital cameras, uploaded electronically, and attached to the host
family application that is in turn sent to the sponsor for evaluation
and further vetting. For program sponsors not currently following this
practice, the cost of doing so will be associated with the purchase of
a digital camera for those local coordinators that do not own or have
access to one. The Department does not believe this will be a
substantial cost to sponsors.
The Department is necessarily of the opinion that all reasonable
measures should be taken to ensure the placement of students in safe
homes. Having adopted in 2006 a criminal background check required of
all adults resident in a potential host family home, the Department now
proposes to strengthen this requirement by expanding the criminal
background check to include an FBI fingerprint-based criminal
background check, a basic Social Security number and name check and a
national Sex Offender registry check for all adult members resident in
a potential host family home. The nationwide average for an ink and
paper FBI fingerprint-based criminal background check is $70.00 per
person. Approximately 60,000 checks will need to be performed at an
aggregate cost of approximately $4.2 million. A possible second
approach to the collection of these criminal background checks would
involve-I home electronic fingerprinting of all adult members of a host
family household. This process would involve the use of a contractor,
with a national footprint, recognized and authorized by the FBI to
collect and process electronic fingerprints. Estimated costs for this
process would be $300-$400 per household with an aggregate cost of $8.4
million. The Department anticipates that these costs will be borne by
the exchange student as an additional program cost or will be absorbed
by the sponsor.
The Department also identifies the costs associated with the
implementation of enhanced training for local coordinators, the
individuals acting as agents of program sponsors in screening,
selecting and monitoring host family placements. The Department will
develop a training program for all local coordinators at a projected
cost to the Department of $100,000. An additional cost of this proposed
rule is the time required for these individuals to take this training.
While some local coordinators receive payment for placing exchange
students, others do not. In determining costs for required training,
the Department places a value of $20 per hour on the time spent in
taking this required training and thus finds that if all volunteers and
agents (estimated at 4,000 individuals) spend three hours each taking
the proposed training, then the aggregate cost would be approximately
$240,000. Finally, the Department notes that there will be an increased
cost arising from the proposed requirement that each host family home
be visited within the first or second month of the student's placement
in the home by a representative of the sponsor other than the local
coordinator who screened and selected the host family and arranged the
placement. The Department recognizes that the sponsor will utilize its
existing local coordinator network and that the identifiable cost of
this proposal will be related to the additional cost of travel for this
sponsor representative, which the Department anticipates to not be
substantial.
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
The information collection requirements contained in this proposed
rulemaking are pursuant to the Paperwork Reduction Act, 44 U.S.C.
Chapter 35 and OMB Control Number 1405-0147, Form DS-7000.
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 (U.S.A.
PATRIOT ACT), Pub. L. 107-56, Sec. 416, 115 Stat. 354; and the
Enhanced Border Security and Visa Entry Reform Act of 2002, Pub. L.
107-173, 116 Stat. 543.
2. Section 62.25 is revised to read as follows:
Sec. 62.25 Secondary school students.
(a) Purpose. This section governs Department of State designated
exchange visitor programs under which foreign secondary school students
are afforded the opportunity to study in the United States at
accredited public or private secondary schools for an academic semester
or an academic year, while living with American host families or
residing at accredited U.S. boarding schools. The secondary school
student program is one of the Department's oldest and most effective
means to foster enduring relationships between the people of the United
States and other countries and is, accordingly, an integral component
of U.S. public diplomacy and American foreign policy. By living with
American host families and participating in daily student life in the
United States, exchange students gain an understanding of and
appreciation for the similarities and differences between their culture
and that of the United States. The great majority of exchange students
who come to the United States to attend high school enjoy a positive
life-changing experience, grow in independence and maturity, improve
their English language skills, and build relationships with U.S.
citizens. The success of this program is dependent on the generosity of
the American families who support this program by welcoming exchange
students into their homes.
(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 of this part.
(c) Program eligibility. Secondary school student exchange visitor
[[Page 23203]]
programs designated by the Department of State must:
(1) Require all exchange students to be enrolled and participating
in a full course of study at an accredited educational institution;
(2) Allow entry of exchange students for not less than one academic
semester (or quarter equivalency) and not more than two academic
semesters (or quarter equivalency) duration; and
(3) Ensure that the program is 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
an exchange program in the second semester of a U.S. academic year only
if specifically permitted to do so, in writing, by the school in which
the exchange student is enrolled. In all cases, sponsors must notify
both the host family and school prior to the exchange student's arrival
in the United States that the placement is for either an academic
semester, academic year, or for a calendar year.
(d) Program administration. Sponsors must ensure that all
organizational officers, employees, representatives, agents, and
volunteers acting on their behalf:
(1) Are adequately trained. All training must be applicable to the
individual's position within the sponsor organization. A Department-
administered training program will include instruction designed 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 component developed by
sponsors for local coordinators must specifically include, at a
minimum, instruction in conflict resolution; procedures for handling
and reporting emergency situations; awareness or knowledge of child
safety standards; information on sexual conduct codes; procedures for
handling and reporting allegations of sexual misconduct or any other
allegations of abuse or neglect; the criteria to be used to screen
potential host families and exercising good judgment when identifying
what constitutes suitable host family placements. Training may be
rendered in classroom, one-on-one, or via an online platform. Sponsors
must demonstrate the individual's successful completion of the
training. All sponsor training materials must be submitted to the
Department for review as part of the sponsor's application for
designation or redesignation. Annual refresher training is required.
(2) Are adequately supervised. Sponsors must create and implement
organization-specific standard operating procedures for the supervision
of local coordinators designed to prevent or deter fraud, abuse, or
misconduct in the performance of the duties of these employees/agents/
volunteers. They must also have sufficient internal controls to ensure
that such employees/agents/volunteers comply with such standard
operating procedures.
(3) Have been vetted annually through an FBI fingerprint-based
criminal background check, a basic name and Social Security number
check, and a check of the National Sex Offender Registry and has
accordingly received a ``green light'' response from the Child Safety
Pilot Program as administered by the National Center of Missing and
Exploited Children (NCMEC), or its subsequent successor program, or as
otherwise authorized by law;
(4) Place no exchange student with his or her relatives;
(5) Make no exchange student placement beyond one hour's drive of
the home of the local coordinator authorized to act on the sponsor's
behalf in both routine and emergency matters arising from that exchange
student's participation in the exchange visitor program;
(6) Make no monetary payments to host families;
(7) Provide exchange students with reasonable access to their
natural parents and family by telephone and e-mail;
(8) Make certain that the exchange students' governmental issued
documents (i.e. passports, Forms DS-2019), personal computers, and
telephones are not removed from their possession;
(9) Conduct the host family orientation after the host family has
been fully screened and selected;
(10) That no organizational representative acts as:
(i) Both a host family and a local coordinator or area supervisor
for any exchange student participant;
(ii) A host family for one sponsor and a local coordinator for
another sponsor; or
(iii) A local coordinator for any student over whom they have a
position of trust or authority (i.e. a principal or teacher at a school
where the student attends).
(11) Maintain, at minimum, a monthly schedule of personal contact
with the exchange student. The first monthly contact by the local
coordinator to the exchange student must be in person. All other
contacts may take place in person, on the phone, or via electronic mail
and must be properly documented. The sponsor is responsible for
ensuring that issues raised through such contacts be promptly and
appropriately addressed.
(12) That a sponsor representative other than the local coordinator
who recruited, screened and selected the host family visit the exchange
student/host family home within the first or second month following the
student's placement in the home.
(13) Maintain, at a minimum, a monthly schedule of personal contact
with the host family. At least once during the fall semester and at
least once during the spring semester, (i.e. twice during the academic
year) the contact by the local coordinator with the host family must be
in person. All other contacts may take place in person, on the phone,
or via electronic mail and must be properly documented. The sponsor is
responsible for ensuring the issues raised through such contacts be
promptly and appropriately addressed.
(14) That host schools are provided contact information for the
local organizational representative (including name, direct phone
number, and e-mail address) for the local organizational
representative, the program sponsor, and the Department's Office of
Designation; and
(15) Adhere to all regulatory provisions set forth in this Part and
all additional terms and conditions governing program administration
that the Department may 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 countries who have
not completed more than 11 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 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
[[Page 23204]]
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) Under no circumstance may a sponsor charge a student private
school tuition if such arrangements are not finalized in writing prior
to the issuance of Form DS-2019.
(4) Sponsors must maintain copies of all written acceptances for a
minimum of three years and make such documents available for Department
of State inspection upon request.
(5) 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.
(6) 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 from the sponsor.
(7) Upon issuance of a Form DS-2019 to a prospective participant,
the sponsor accepts full responsibility for securing a school and host
family placement for 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 Welcome 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 with whom the exchange
student will be 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 will be placed. The profile must state whether the
student will pay tuition; and
(6) An identification card, which lists the exchange student's
name, United States host family placement address and telephone numbers
(landline and cellular), sponsor name and main office and emergency
telephone numbers, name and telephone numbers (landline and cellular)
of the local coordinator and area representative, the telephone number
of Department's Office of Designation, and the Secondary School Student
program toll free emergency telephone 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 but must be corrected,
reprinted and reissued to the student if changes in contact information
occur due to a change in the student's placement.
(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. Sponsors shall not knowingly be
party to a placement (inclusive of direct placements) based on athletic
abilities, whether initiated by a student, a natural or host family, a
school, or any other interested party. Any placement in which either
the student or the sending organization in the foreign country is party
to an arrangement with any other party, including receiving school
personnel, whereby the student will attend a particular school or live
with a particular host family must be reported to the particular school
and the National Federation of State High School Associations prior to
the first day of classes.
(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 application and 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 of their requirements, obligations and
commitment to host;
(2) Utilize a standard application form developed by the sponsor.
Such application form must be signed and dated at the time of
application by all adults living in the home of a potential host
family. The host family application must be designed to provide 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, bathroom, and family and
living areas), family composition, and community environment. Exchange
students are not permitted to reside with their relatives.
(3) Conduct an in-person interview with all family members residing
in the home where the student will be living;
(4) Ensure that the host family is capable of providing a
comfortable and nurturing home environment and that the home is clean
and sanitary; that the exchange student's bedroom contains a separate
bed for the student that is neither convertible nor inflatable in
nature; and that the student has adequate storage space for 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. An exchange student may share a bedroom, but with no more
than one other individual of the same sex.
(5) Ensure that the host family has a good reputation and character
by securing two personal references from within the community from
individuals who are not relatives of the potential host families 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 is not receiving needs-based
government subsidies for food or housing.
(7) Verify that each member of the host family household 18 years
of age and older, as well as any new adult member added to the
household, or any 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 history
record information background check, a basic name and social security
number check, and a check of the National Sex Offender Registry, and
has accordingly received a ``green light'' response from the Child
Safety Pilot Program as administered by the National Center of Missing
and Exploited Children (NCMEC), or its subsequent successor program, or
as otherwise authorized by law;
[[Page 23205]]
(8) Maintain a record of all documentation on a student's exchange
program, including but not limited to application forms, background
checks, evaluations, and interviews, for all selected host families for
a period of three years following program completion; and
(9) Ensure that a potential single adult host parent has at least
one school-aged child living full-time in the host family home, a child
that no longer resides in the host family home due to custody
agreements but who returns to the family home for frequent visits, or a
child pursuing higher-education studies but who returns to the family
home for frequent visits.
(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, including
examples of ``best practices'' developed by the exchange community;
(2) Provide all selected host families with a copy of the
Department's letter of appreciation to host families;
(3) 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;
(4) Advise all selected host families of strategies for cross-
cultural interaction and conduct workshops to familiarize host families
with cultural differences and practices; and
(5) Advise host families of their responsibility to inform the
sponsor of any and all material changes in the status of the host
family or student, including, but not limited to, changes in address,
finances, employment and criminal arrests.
(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 of 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 host family, the
natural parents, and the students being placed. Under no circumstance
may more than two exchange students be placed with one host family, or
with one local coordinator, regional coordinator, or volunteer.
(2) Prior to the student's departure from his/her home country,
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 arrival placement,
and facilitate and encourage the exchange of correspondence between the
two.
(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) Advertising and Marketing for the recruitment of host
families.--In addition to the requirements set forth in 62.9(d) in
advertising and promoting for host family recruiting, sponsors must:
(1) Utilize only promotional materials that professionally,
ethically, and accurately reflect the sponsors purposes, activities,
and sponsorship;
(2) Not publicize the need for host families via any public media
with announcements, notices, advertisements, etc. that are not
sufficiently in advance of the exchange student's arrival, appeal to
public pity or guilt, imply in any way that an exchange student will be
denied participation if a host family is not found immediately, or
identify photos of individual exchange students and include an appeal
for an immediate family;
(3) Not promote or recruit for their programs in any way that
compromises the privacy, safety or security of participants, families,
or schools. Specifically, sponsors shall not include personal student
data or contact information (including addresses, phone numbers or e-
mail addresses) or photographs of the student on Web sites or other
promotional materials; and
(4) Ensure that access to exchange student photographs and
personally identifying information on line or in print form are
password protected and only made available to potential host families
who have been fully vetted and selected.
(n) 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
any other allegations of abuse or neglect of an exchange student.
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 suspension and
revocation of the sponsor's Exchange Visitor Program designation.
(2) 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
be in the format directed by the Department and must include at a
minimum, the exchange student's full name, Form DS-2019 number (SEVIS
ID ), host family placement (current U.S. address), school
(site of activity) address, the local coordinator's name and zip code,
and other information the Department may request.
(3) A report of all situations which resulted in the placement of
an exchange student with more than one host family or in more than one
school. The report must be in a format directed by the Department and
include, at a minimum, the exchange student's full name, Form DS-2019
number (SEVIS ID ), host family placements (Current U.S.
address), schools (site of activity addresses), the reason for the
change in placement, and the date of the move.
3. A new Appendix F is added to Part 62 to read as follows:
Appendix F to Part 62--Suggested Information To Be Collected on
Secondary School Student Host Family Applications
Basic Family Information
a. Host Family Member--Full name and relationship (children and
adults) either living full-time or part-time in the home or who
frequently stay at the home).
b. Date of Birth (DOB) of all family members.
c. Street Address.
d. Contact information (telephone; e-mail address) of host
parents.
e. Employment--employer name, job title, and point of contact
for each working resident of the home.
f. Is the residence the site of a functioning business? (e.g.,
daycare, farm)
g. Description of each household member (e.g., level of
education, profession, interests, community involvement, and
relevant behavioral or other characteristics of such household
members that could affect the successful integration of the exchange
visitor into the household).
h. Has any member of your household been charged with any crime?
Household Pets
a. Type of Pets.
[[Page 23206]]
b. Number of Pets.
Financial Resources
a. Average Annual Income Range: Less than $25,000; $25,000-
$35,000; $35,000-$45,000; $45,000-$55,000; $55,000-$65,000; $65,000-
$75,000; and $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. Identify those 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)
d. Would the family provide three (3) square meals daily?
High School Information
a. Name and address of school (private or public school).
b. Name, address, e-mail and telephone number of school
official.
c. Approximate size of the school student body.
d. Approximate distance between the school and your home.
e. Approximate start date of the school year.
f. How will the exchange student get to the school (e.g. bus,
carpool, walk)?
g. Would the family provide special transportation for
extracurricular activities after school or in the evenings, if
required?
h. Which, if any, of your family's children, presently attend
the school in which the exchange visitor is enrolled?
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 (e.g.: Urban, Suburban,
Rural, Farm).
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)?
h. Areas in or near neighborhood to be avoided?
Home Description
a. Describe your type of home (e.g., single family home,
condominium, duplex, apartment, mobile home) and include photographs
of the host family home's exterior and grounds, kitchen, student's
bedroom, student's bathroom, and family and living areas.
b. Describe Primary Rooms and Bedrooms.
c. Number of Bathrooms.
d. Will the exchange student share a bedroom? (Y/N)
If yes, with which household resident?
e. Describe the student's bedroom.
f. Describe amenities that student has access to.
g. Utilities.
Family Activities
a. Language spoken in home.
b. Please describe activities and/or sports each family members
participate in:
(e.g., camping, hiking, dance, crafts, debate, drama, art,
music, reading, soccer, baseball, horseback riding).
c. Describe your expectations regarding the responsibilities and
behavior of the student while in your home (e.g., homework,
household chores, curfew (school night and weekend), access to
refrigerator and food, drinking of alcoholic beverages, driving,
smoking, computer/Internet/E-Mail).
d. Would you be willing voluntarily to inform the exchange
visitor in advance of any religious affiliations of household
members? (Y/N)
e. Would any member of the household have difficulty hosting a
student whose religious beliefs were different from their own? (Y/N)
Note: A host family may want the exchange visitor to attend one or
more religious services or programs with the family. The exchange
visitor cannot be required to do so, but may decide to experience
this facet of U.S. culture at his or her discretion.
f. How did you learn about being a host family?
Dated: April 26, 2010.
Stanley S. Colvin,
Deputy Assistant Secretary for Private Sector Exchange, Bureau of
Educational and Cultural Affairs, U.S. Department of State.
[FR Doc. 2010-10168 Filed 4-30-10; 8:45 am]
BILLING CODE 4710-05-P