[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Rules and Regulations]
[Pages 65975-65985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27200]
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DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 7216]
RIN 1400-AC56
Exchange Visitor Program--Secondary School Students
AGENCY: United States Department of State.
ACTION: Final rule.
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SUMMARY: The Department is revising existing Secondary School Student
regulations regarding the screening, selection, school enrollment,
orientation, and quality assurance monitoring of exchange students as
well as the screening, selection, orientation, and quality assurance
monitoring of host families and field staff. Further, the Department is
adopting a new requirement regarding training for all organizational
representatives who place and/or monitor students with host families.
The proposed requirement to conduct FBI fingerprint-based criminal
background checks will not be implemented at this time. Rather, it will
continue to be examined and a subsequent Final Rule regarding this
provision will be forthcoming. These regulations, as revised, govern
the 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 year while living
with American host families or residing at accredited U.S. boarding
schools.
DATES: Effective November 26, 2010. Compliance with the new requirement
for the State Department designed and mandated training module for
local coordinator training, as set forth at Sec. 62.25(d)(1), will not
become effective until the development of an online training platform
implementing this requirement is completed. The Department anticipates
a January 2011 launch of this training platform. A subsequent Federal
Register Notice will be published when development is completed.
FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Deputy Assistant
Secretary for Private Sector Exchange, U.S. Department of State, SA-5,
2200 C Street, NW., 5th Floor, Washington, DC 20522-0505; or e-mail at
JExchanges@state.gov.
SUPPLEMENTARY INFORMATION: The U.S. Department of State 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 62--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 the United States through these Secondary School Student
programs.
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.
A great majority of exchange students who come to the United States
to attend high school enjoy positive life-changing experiences, 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
[[Page 65976]]
Secondary School Student program is to further U.S. public diplomacy
and foreign policy goals by encouraging this positive academic and
social interaction. Experience has shown that foreign students who
participate in this program share the knowledge and goodwill derived
from their exchange experience with fellow citizens upon return to
their home countries. The age and vulnerability of high school exchange
students and the long-term importance of these programs necessitates
increased quality of sponsor program administration through both the
promulgation of clear and enhanced regulations and continued Department
oversight of sponsor activities and compliance. The Department believes
that the increased specificity in this Final Rule and the establishment
of minimum industry standards will improve the quality of exchange
student placements 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 a common goal of ensuring a safe and positive exchange experience
for every foreign student participating in this exchange program.
As a first step in the rulemaking process to adopt enhanced program
safeguards, the Department published in the Federal Register an Advance
Notice of Proposed Rulemaking (ANPRM) soliciting comments from sponsors
and the general public on current best practices in the industry (see
74 FR 45385, September 2, 2009). The ANPRM focused on six areas: (1)
Utilization of standardized information on a sponsor-developed host
family application form; (2) a 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 response to the ANPRM, 97 parties filed
comments, and the Department, in turn, identified 16 discrete issues
that it believed merited specific public comment. These issues and the
proposed regulatory language addressing each matter were consolidated
into a Notice of Proposed Rulemaking (NPRM) (see 75 FR 23197, May 3,
2010). The Department received a total of 1,698 comments in response to
the NPRM. Of this number, 1,265 comments, or 74% of the total comments,
were submitted by individuals self-identifying with three sponsor
organizations: Rotary International (600 comments); American Field
Services (451 comments); and Youth for Understanding (214 comments).
Collectively, comments from persons associated with these three sponsor
organizations opposed: Obtaining FBI fingerprint-based criminal
background checks for adult members of potential host families; the
prohibition of single adults hosting exchange students; the prohibition
of removing exchange students' government issued documents, personal
computers, and telephones from their possession; and the change of
required maximum distance of local coordinators from exchange students
from 120 miles to one hour's drive. Sponsor organizations, industry
associations, state law enforcement agencies, and other interested
members of the public submitted the remaining 433 comments. The
Department also hosted a public meeting on June 17, 2010, to discuss
the Notice of Proposed Rulemaking. The Executive Directors of the
Alliance and Council on Standards for International Educational Travel
(CSIET) and a representative of the National Center for Missing and
Exploited Children provided statements on behalf of their respective
organizations. Eleven (11) other individuals spoke at the public
meeting, including directors of three organizations, two local Rotary
leaders, four exchange program volunteers, and one current exchange
student. The Department received twelve (12) written comments from
attendees following the public meeting.
Analysis of Comments
1. Standard Host Family Application Form. The Department proposed
that a new regulatory provision be added at Sec. 62.25(j)(2) to
require the use of standard information fields on sponsors' host family
application forms. The information set forth at Appendix F to Part 62,
``Information to be Collected on Secondary School Student Host Family
Applications,'' includes all data fields that, at a minimum, must be
collected. The Department received 93 comments, 85 of which supported
this change indicating that it is important that all sponsors collect
the same information on potential host families. The eight parties
opposing this proposal argued that sponsor organizations are
sufficiently able to determine information to be collected on the Host
Family Application without guidance from the Department. The Department
disagrees with these eight parties. Based on the Department's
administration of this program, the collection of uniform information
by all sponsors will establish a consistent, program-wide base for
evaluating potential host families. Having considered all points of
view on this issue, the Department hereby adopts, without change, this
proposed language set forth at Sec. 62.25(j)(2).
2. Requiring Photographs of the Host Family Home. The Department
proposed that a new regulatory provision be added at Sec. 62.25(j)(2)
to require sponsors to photograph the exterior and grounds, kitchen,
student's bedroom, bathroom, and family or living room of the potential
host family's home as part of the host family application. The
Department received 81 comments, 38 of which supported this change.
Parties supporting this proposal explained that requiring photographs
of the host family home would provide an objective visual means of
evaluating the suitability of the home and is currently a standard
practice of many sponsors. Many of the parties who did not support this
requirement submitted comments that were general in nature, i.e.,
merely voicing opposition to the proposal but without an explanation. A
few comments stated that requiring photographs was an invasion of
privacy. The Department disagrees with comments opposed to this
proposed change and has determined that the safety of students
outweighs any privacy issues that could be raised. The Department
hereby adopts, without change, this proposed language set forth at
Sec. 62.25(j)(2).
3. Personal Character References for Host Family Applicants. As a
procedural safeguard, the Department proposed that a new regulatory
provision be added at Sec. 62.25(j)(5) to eliminate host family
members, and sponsor representatives from serving as character
references for potential host families. The Department received 45
comments, 37 of which supported this change. Parties who did not
support this requirement submitted comments that were general in
nature, i.e., merely voicing opposition to the proposal but without an
explanation. The
[[Page 65977]]
Department believes that the obtainment of personal character
references from family members and persons affiliated with the sponsor
organization does not provide a sufficiently impartial recommendation
of a family's suitability to host. Having considered all points of view
on this issue, the Department thereby adopts, without change, the
proposed language set forth at Sec. 62.25(j)(5).
4. Measuring Host Family Financial Resources. The Department
proposed that a new regulatory provision be added at Sec. 62.25(j)(6)
to prohibit the placement of exchange students with host families
receiving financial needs-based government subsidies for food or
housing and to require that program sponsors collect the range of
annual household income of potential host families on the host family
application. The Department received 150 comments, 43 of which
supported the collection of host family financial information. No
comments were received opposing prohibiting a family that receives
needs-based government subsidies for food or housing from hosting
exchange students. Parties opposed to the proposed change regarding
collection of information on host family income expressed the following
concerns: Host families would not want to disclose their annual income
levels; the requirement of such disclosure could discourage families
from hosting; and income level is not a determinant of whether a family
will be a good host family. The Department disagrees with those
comments opposed to collecting household income information and has
determined that the benefits of knowing a potential host family's range
of income is an important factor in assessing a family's financial
ability to care for an exchange student and outweighs any concerns that
such information collection would discourage some families from
hosting. Having considered all points of view on this issue, the
Department hereby adopts, without change, the proposed language set
forth at Sec. 62.25(j)(6).
5. Criminal Background Checks. The Department proposed that a new
regulatory provision be added at Sec. 62.25(j)(7) to require that all
potential host family adults (age 18 or older) complete an FBI
fingerprint-based criminal background check before the family is able
to host an exchange student. The Department received 882 comments, 160
of which supported this change. Opponents of the proposed FBI
fingerprint-based criminal background check requirement suggested it
would ``criminalize'' host families participating in the program and
could potentially reduce by as much as 30% the number of families
willing to host. This estimate was calculated by sponsors and industry
trade associations involved in the program through surveys of current
host families. Opponents also suggested that this proposal could not be
executed in a timely, cost effective, or convenient manner as there is
no existing mechanism for such checks to be performed directly by
placement organizations. Supporters of this proposed requirement
explained that the extra level of protection that FBI fingerprint-based
criminal background checks of host family adults would provide exchange
students far outweighs the inconveniences that such checks would impose
on host families.
The Department notes that the proposal to require FBI fingerprint-
based criminal history checks for all adult members of potential host
families is responsive to public demands for the increased protections
and reflects a trend at both the state and federal levels towards
requiring FBI fingerprint-based criminal background checks for
volunteers working with children. Specifically, the Congress created
the Child Safety Pilot Program to be administered by the National
Center for Missing and Exploited Children (see the National Child
Protection Act/Volunteers for Children Act) to provide a national means
to complete FBI fingerprint-based criminal background checks on
volunteers working with children, a category that includes adult
members of potential host families.
Given the National Center for Missing and Exploited Children's
limited authorization and resources to perform these checks, a number
of cost, administrative, and statutory issues need to first be
addressed before this proposal can be adopted. Accordingly, the
Department will conduct further fact-finding and analysis on this
matter and will not adopt at this time the proposed language set forth
at Sec. 62.25(j)(7). The existing requirements for criminal background
checks remain. As a matter of clarification, sponsors must verify that
each member of the host family household eighteen 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 a
criminal background check (which must include a search of the
Department of Justice's National Sex Offender Public Registry). See
http://www.nsopk.gov.
6. Host Family Composition. The Department proposed that a new
regulatory provision be added at Sec. 62.25(j)(9) to prohibit single
adults without a school-aged child living in the home or without a
child who visits the home frequently from hosting exchange students.
The Department received 1,190 comments, 77 of which supported this
change. Supporters of this proposed change believe that the placement
of an exchange student or students with a single adult without a
school-aged child who lives in or frequently visits the home
necessarily increases potential risk to the exchange student as there
is no additional person in the home with whom the student can
communicate, should the relationship with the host parent become
strained or abusive. However, parties opposing this proposal argued
that the exclusion of single adults without school-aged children in the
home or who frequently visit is discriminatory and would unnecessarily
eliminate approximately ten percent (10%) of current host families many
of whom, sponsors reported, provide excellent experiences for their
exchange students and who tend to repeatedly volunteer to participate
in this exchange program. This potential reduction of host families was
provided by trade associations involved in this program through a
survey of current host families.
The Department notes that numerous public comments submitted by
sponsor organizations outlined best practices regarding the placement
of exchange students in single adult host homes, including additional
screening measures for single adults. Having considered competing
points of view, the Department finds that the language set forth at
Sec. 62.25(j)(9) should be amended to impose additional screening
procedures for exchange student placements involving single adult
parents with no school-aged children in the home, including a secondary
level of review by an organizational representative other than the
individual who recruited and selected the applicant. Such secondary
review should include demonstrated evidence from the individual's
friends or family who can provide an additional support network for the
exchange student and evidence of the individual's ties to the
community. Finally, both the exchange student and his or her natural
parents must agree in writing to any placement with a single adult host
parent without a school-aged child in the home. These additional
screening procedures for single adult homes will be monitored by the
Department over an experimental period of not more than three years,
following which the success of this approach will be further reviewed
and
[[Page 65978]]
any necessary adjustments will be considered for adoption.
7. Local Coordinator Training Course. The Department proposed that
a new regulatory provision be added at Sec. 62.25(d)(1) to require
that all local coordinators complete a training program, to be
developed and administered by the Department. The Department received
108 comments, 65 of which supported this proposal. The Department notes
that local coordinators, who serve as representatives (as either
employees or volunteers) of program sponsors and who have
responsibility for obtaining school enrollment and locating and
recruiting host families, are the critical component in 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 an exchange
student, whether that family is an appropriate match for the student,
and whether it has adequate financial resources to undertake hosting
obligations. Opponents of this proposed change explained that the local
coordinator training programs currently offered by sponsors are
sufficient and that a Department-administered training course is
redundant. The Department disagrees with those comments and determines
that a uniform and program-wide local coordinator training course will
better ensure that all agents and employees placing exchange students
on behalf of a sponsor are equally educated and informed of their
responsibilities. Having considered all points of view on this issue,
the Department hereby adopts, without change, the proposed language set
forth at Sec. 62.25(d)(1).
8. Number of Students and Host Families for Whom a Local
Coordinator May Be Responsible. The Department sought public comment on
whether limiting the number of student and host family placements that
a local coordinator may oversee would enhance the quality of host
family placements. The Department received 61 comments, 17 of which
supported this proposal. Opponents of the proposal opined that such a
ratio was a decision best left to, and most accurately set by, the
sponsor organization. The Department agrees with the 44 parties
opposing this proposal, and, having considered all points of view on
this issue, does not adopt this requirement.
9. Athletic Participation in the United States. The Department
proposed that a new regulatory provision be added at Sec. 62.25(h)(2).
This provision would prohibit exchange student selection and placement
based on athletic ability. The Department received 37 comments, 35 of
which supported this proposal. Comments in support of this requirement
noted that this proposal is an existing CSIET provision and that the
adoption of this standard would establish a uniform policy across the
Secondary School Student program industry. The two parties opposed to
this requirement provided no explicit reasons. Having has considered
all points of view on this issue, the Department hereby adopts, without
change, the proposed language set forth at Sec. 62.25(h)(2).
10. Prohibition of Payments to Host Families. The Department
proposed that a new regulatory provision be added at Sec. 62.25(d)(6)
to prohibit payments to host families for hosting exchange students.
The Department received 141 comments, 122 of which supported this
proposal. Parties who supported the proposal cited the established
Secondary School Student program practice of not paying host families
to ensure that host families are involving themselves in the program
with the correct motives, i.e., for the experience, and not for
compensation. The parties who opposed this requirement suggested that
host families were providing a service for which the family should be
compensated. The Department disagrees with the 19 parties opposing this
proposal and maintains its position that hosting an exchange student
must remain a volunteer activity. Having considered all points of view
on this issue, the Department hereby adopts, without change, the
proposed language set forth at Sec. 62.25(d)(6).
11. Separate Orientation for Host Families. The Department proposed
that a new regulatory provision be added at Sec. 62.25(d)(9). This
provision would clarify that sponsors must conduct the host family
orientation at the end of the host family application process, i.e.,
after the host family has been fully vetted and accepted into the
program. The Department received 519 comments, 75 of which supported
this proposal. Parties opposed to this proposed change argued that the
host family orientation is often used as the initial recruitment
session. The Department disagrees with those comments opposed to
requiring a separate host family orientation and has determined that a
separate orientation, to be conducted following the recruitment,
screening, and selection of host families, will better ensure that the
host family fully understands and accepts the obligations it assumes
when choosing to host an exchange student. Having considered all points
of view on this issue, the Department hereby adopts, without change,
the proposed language set forth at Sec. 62.25(d)(9).
12. Additional Visit to Host Family Homes. The Department proposed
that a new regulatory provision be added at Sec. 62.25(d)(12) to
require that a visit to the host family home 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. The Department received 91 comments, 31
of which supported this proposal. Opponents focused on additional
administration and cost burdens for sponsors required for a second
organizational representative to make these visits. The Department
disagrees with those comments opposed to this proposed change and has
determined that the enhanced monitoring outweighs any possible
administrative inconveniences. The Department also recognizes that some
sponsors will need to adjust their current business models to satisfy
this new requirement but has determined that this requirement is a
minimal cost to sponsors. Having considered all points of view on this
issue, the Department hereby adopts, without change, the proposed
language set forth at Sec. 62.25(d)(12).
13. Local Coordinator Distance from Exchange Students. The
Department proposed that a new regulatory provision similar to that
which has been successfully incorporated into the Au Pair category
regulations be added at Sec. 62.25(d)(5) to require that no secondary
school student placement be made beyond one hour's drive of the home of
the local organizational representative responsible for monitoring the
student. The Department received 54 comments, 22 of which supported
this proposal. Opponents of this change explained that such a
requirement would serve only to the limit number of exchange student
placements in rural locations, especially the Mountain West region. The
Department agrees with those comments opposed to this proposed change.
Having considered all points of view on this issue, the Department does
not adopt this requirement.
14. Restrictions on Local Coordinators. The Department proposed
that a new regulatory provision be added at Sec. 62.25(d)(10) to limit
the functions and responsibilities of a local coordinator. Such
limitations would prohibit a local coordinator from performing the
duties of both a host family and a local coordinator/area
[[Page 65979]]
supervisor for an exchange student; or performing the duties of both a
host family for one sponsor and a local coordinator for another. A
local coordinator would also be prohibited from performing the duties
of a local coordinator for a student if the coordinator also holds a
position of direct authority over the student that is not related to or
arising from the coordinator's placement of a student with a host
family. Many local coordinators are teachers and principals in the
schools where a student is placed. The Department received 62 comments,
31 of which supported this proposal. Opponents specifically argued that
school officials (both teachers and principals) best know the school
and student environment in which exchange students will be immersed and
to exclude such a cohort needlessly eliminates some of the most
important volunteers in the Secondary School Student program. The
Department adopts, without change, the proposed language set forth at
Sec. 62.25(d)(10)(i) and (ii) but finds that the language set forth at
Sec. 62.25(d)(10)(iii) should be amended so that principals and
teachers are not excluded from serving as local coordinators. However,
a teacher cannot serve as a local coordinator for a student in his/her
class. A principal cannot serve as a local coordinator for a student in
his/her school. The Department also notes that students are placed in
U.S. boarding schools.
15. Removing Exchange Student Property. The Department proposed
that a new regulatory provision be added at Sec. 62.25(d)(8) to
prohibit the removal of exchange students' government issued documents,
personal computers, and telephones from their possession. The
Department received 550 comments, 68 of which supported this proposal.
Comments opposed to this proposed requirement argued both that students
often do not understand the importance of safekeeping their government
issued documents and that confiscating cell phones and computers is a
time-tested and acceptable disciplinary action for host parents.
Comments supporting this proposed requirement explained that exchange
students should always have access to their telephones and computers to
maintain contact with parents, authorities, or friends in case of a
problem, thus viewing such access as a safeguard for the student.
Federal law prohibits the removal of official governmental documents
from foreign nationals. The Department agrees with the comments opposed
to these proposed requirements regarding the removal of cell phones and
computers and has determined that the language set forth at Sec.
62.25(d)(8) should be amended to delete the prohibition against
removing an exchange student's personal computer or cell phone.
However, under no circumstance is a sponsor or a host family permitted
to prohibit a student from communicating with his/her natural parents
and families by telephone and e-mail.
16. Limits to Advertising. The Department proposed that new
regulatory provisions be added at Sec. 62.25(m)(3) and (4) to prohibit
sponsors from including personal data, contact information, or
photographs of potential exchange students on web sites or in other
promotional materials and would require sponsors to ensure that access
to student profiles be password protected and available only to
potential host families who have been fully vetted and selected for
program participation. The Department received 103 comments, 27 of
which supported this proposal. Parties supporting this proposal stated
that prohibiting the use of photographs and personal information of
potential exchange students for recruiting un-vetted host families
would better ensure the safety of exchange students as it makes such
information more difficult for predators to access. Opponents stated
that use of photographs in a restricted and limited manner is essential
for host family recruiting. Opponents also described this type of
``photo-listing,'' or using a photograph with a student's first name
but no last name, address, or contact information to be a safe and
responsible practice and one widely used in the U.S. adoption of
children process. The Department disagrees with those comments opposing
this proposed change and notes that the family selection process in the
U.S. adoption system is much more lengthy and comprehensive than the
selection of exchange student host families, and is therefore an
inexact comparison. Having considered all points of view on this issue,
the Department hereby adopts, without change, the proposed language set
forth at Sec. 62.25(m)(3) and Sec. 62.25(m)(4).
Finally, in drafting the Proposed Rule, the language contained in
section 62.25(n) Reporting Requirements, paragraph 3 was amended to
clarify the information the report was to contain. The Department views
this as a clarification and not a change in requirements. Currently, a
sponsor cannot prepare a report on changes in student placement with
more than one host family or school without having the data, requested
in the proposed rule, readily available. Likewise, a sponsor cannot
perform requisite monitoring of a student without having this
information on each student in their exchange program. In addition,
consistent with the current process required for completion of the
Placement Reports, this report is being requested in electronic format
to enable the data submitted from all sponsor organizations to be
compared and analyzed. The Department received no comments on this
section of the proposed requirement and hereby adopts the proposed
language set forth at 62.25(n)(3) as stated. For additional
clarification, a final sentence was added to reflect the date by which
the report is required. The sentence reads: This report is due by July
31 for the previous academic school year.
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 have 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 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 exchange programs. In support
of its position that this Final Rule involves a foreign affairs
function of the U.S. Government, 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. Given this foreign affairs
function exemption, the Department of State considers that it is under
no legal obligation to provide public notice and comment with respect
to proposed regulations. Nonetheless, in this instance, the Department
of State offered reasonable opportunity for public notice and comment.
[[Page 65980]]
Regulatory Flexibility Act/Executive Order 13272: Small Business
As discussed above, the Department believes that this rule is
exempt from the provisions of 5 U.S.C. 553, and that no other law
requires the Department to give notice of rulemaking. Accordingly, the
Department believes that this 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 potential impact of this
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
accredited degree granting academic institutions, none of which we
believe to be a small entity under the terms of the Regulatory
Flexibility Act and the remaining 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
dollars, thereby falling within the purview of the Regulatory
Flexibility Act. Of these 131 entities 61 conduct secondary school
student activities. This Rule will involve additional costs for these
61 entities. These costs arise from the additional staff time needed to
photograph host family homes, additional screening procedures for
single adult family homes, ensuring that an orientation is conducted
after a potential host family has been fully vetted and accepted and an
additional home visit to the host family by an organizational
representative within two months of placement of the student in the
home. The Department estimates these additional requirements will
involve approximately four additional hours of staff time, per student
and at an estimated $20 per hour will cost $80 additional per student
participant. These 61 small entities program some 3,750 students
annually. Thus at an additional $80 per student these 61 entities will
incur $300,000 in additional administrative costs.
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 rule is exempt from
the rulemaking provisions of section 553 of the APA, given the
projected costs of this rule (discussed under the Executive Order 12866
heading below) and the number of entities conducting student exchange
programs noted above, the Department has determined that this rule will
not have a significant economic impact on a substantial number of small
entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million in any year and it will not significantly or uniquely affect
small governments. Therefore, no actions were deemed necessary under
the provisions of the Unfunded Mandates Reform Act of 1995.
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 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 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 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
rule beginning with the 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 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 (or a
telephone with camera capability). The Department does not believe this
will be a substantial cost to sponsors. No comments received cited cost
as an objection to photo use.
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
one-time development cost to the Department of $100,000. An additional
cost of this 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 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
[[Page 65981]]
additional cost of travel for this sponsor representative, which the
Department anticipates to not be substantial.
The Department has examined the costs and benefits associated with
this rule and declares that educational and cultural exchanges are both
the cornerstone of U.S. public diplomacy and an integral component of
U.S. 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 U.S. 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
differences 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.
Although 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
rule.
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
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.
0
Accordingly, 22 CFR part 62 is to be amended as follows:
PART 62--EXCHANGE VISITOR PROGRAM
0
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) (Pub. L. 107-56), Section 416, 115 Stat. 354; and the
Enhanced Border Security and Visa Entry Reform Act of 2002, Pub. L.
107-173; 116 Stat. 543.
0
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.
(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 exchange students to be enrolled and participating
in a full course of study at an accredited academic 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 whether the placement is for an academic semester,
an academic year, or 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. Sponsors must administer training for
local coordinators that specifically includes, 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; and the criteria to be used to screen potential
host families and exercise good judgment when identifying what
constitutes suitable host family placements. In addition to their own
training, sponsors must ensure that all local coordinators complete the
Department of State mandated training module prior to their appointment
as a local coordinator or assumption of duties. The Department of State
training module 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. Sponsors must demonstrate the individual's successful
completion of all initial training
[[Page 65982]]
requirements and that annual refresher training is also successfully
completed.
(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 a criminal background check
(which must include a search of the Department of Justice's National
Sex Offender Public Registry);
(4) Place no exchange student with his or her relatives;
(5) Make no exchange student placement beyond 120 miles 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 or other incentives 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 student's government issued
documents (i.e., passports, Forms DS-2019) are not removed from his/her
possession;
(9) Conduct the host family orientation after the host family has
been fully vetted and accepted;
(10) Refrain, without exception, from acting as:
(i) Both a host family and a local coordinator or area supervisor
for an exchange student;
(ii) A host family for one sponsor and a local coordinator for
another sponsor; or
(iii) A local coordinator for any exchange student over whom he/she
has a position of trust or authority such as the student's teacher or
principal. This requirement is not applicable to a boarding school
placement.
(11) Maintain, at minimum, a monthly schedule of personal contact
with the exchange student. The first monthly contact between the local
coordinator and 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 are 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 are
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), 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 system that the exchange student
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 their home countries,
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, that lists the exchange student's name,
United States host family placement address
[[Page 65983]]
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
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.
(3) 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
that includes, at a minimum, all data fields provided in Appendix F,
``Information to be Collected on Secondary School Student Host Family
Applications''. The form must include a statement stating that: ``The
income data collected will be used solely for the purposes of
determining that the basic needs of the exchange student can be met,
including three quality meals and transportation to and from school
activities.'' Such application form must be signed and dated at the
time of application by all potential host family applicants. 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 or living room), 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 family 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 a criminal background check (which must
include a search of the Department of Justice's National Sex Offender
Public Registry);
(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 without a
child in the home undergoes a secondary level review by an
organizational representative other than the individual who recruited
and selected the applicant. Such secondary review should include
demonstrated evidence of the individual's friends or family who can
provide an additional support network for the exchange student and
evidence of the individual's ties to his/her community. Both the
exchange student and his or her natural parents must agree in writing
in advance of the student's placement with a single adult host parent
without a child in the home.
(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;
(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 a host family, or in
the home of a local coordinator, regional coordinator, or volunteer.
Sponsors may not place students from the same countries or
[[Page 65984]]
with the same native languages in a single home.
(2) Prior to the student's departure from his or 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 that 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 Sec. 62.9 in advertising
and promoting for host family recruiting, sponsors must:
(1) Utilize only promotional materials that professionally,
ethically, and accurately reflect the sponsor's 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
email addresses) or photographs of the student on Web sites or in other
promotional materials; and
(4) Ensure that access to exchange student photographs and
personally identifying information, either online or in print form, is
only made available to potential host families who have been fully
vetted and selected for program participation. Such information, if
available online, must also be password protected.
(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; and
(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-019
number (SEVIS ID ), host family placements (current U.S.
address), schools (site of activity address), the reason for the change
in placement, and the date of the move. This report is due by July 31
for the previous academic school year.
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
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 ever been charged with any
crime?
Household Pets:
a. Number of Pets
b. Type 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. Note: The form must include a
statement stating that: ``The income data collected will be used
solely for the purposes of ensuring that the basic needs of the
exchange students can be met, including three quality meals and
transportation to and from school activities''
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 website
f. Briefly describe your neighborhood and community
[[Page 65985]]
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 to which the student has access
g. Utilities
Family Activities:
a. Language spoken in home
b. Please describe activities and/or sports each family member
participates 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)
Would you be willing voluntarily to inform the exchange visitor
in advance of any religious affiliations of household members? (Y/N)
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.
How did you learn about being a host family?
References:
Dated: October 21, 2010.
Sally J. Lawrence,
Director, Office of Designation, Bureau of Educational and Cultural
Affairs, Department of State.
[FR Doc. 2010-27200 Filed 10-26-10; 8:45 am]
BILLING CODE 4710-05-P