[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Proposed Rules]
[Page 47152-47155]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-31]
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DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice 5155]
RIN: 400-AC13
Secondary School Student Exchange Programs
AGENCY: State Department.
ACTION: Proposed rule with request for comment.
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SUMMARY: The Department is proposing to amend existing regulations set
forth at 22 CFR 62.25 to impose new program administration
requirements. These amendments would require program sponsors to
complete criminal background checks for officers, employees, agents,
representatives and volunteers acting on their behalf and would also
require monthly contact with host families and students. Amendments are
also proposed that would require the vetting of all adult members of a
host family household through a sex offender registry maintained by the
respective state of residence. A requirement to report any allegation
of sexual misconduct to both the Department and local law enforcement
authorities is also proposed.
DATES: The Department will accept comments from the public up to
October 11, 2005.
ADDRESSES: You may submit comments, identified by any of the following
methods:
E-mail: jexchanges@state.gov. You must include the RIN in
the subject line of your message.
Mail (paper, disk, or CD-ROM submissions): U.S. Department
of State, Office of Exchange Coordination and Designation, SA-44, 301
4th Street, SW., Room 734, Washington, DC 20547.
Fax: 202-203-5087.
Persons with access to the Internet may also view this notice and
provide comments by going to the regulations.gov Web site at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov/index.cfm
.
FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Acting Director,
Office of Exchange Coordination and Designation, U.S. Department of
State, SA-44, 301 4th Street, SW., Room 734, Washington, DC 20547; or
e-mail at jexchanges@state.gov.
SUPPLEMENTARY INFORMATION: The Department of State designates academic
and private sector entities to conduct educational and cultural
exchange programs pursuant to a broad grant of authority provided by
the Mutual Educational and Cultural Exchange Act of 1961, as amended.
Under this authority, some 1,450 program sponsors facilitate the entry
of more than 275,000 exchange participants each year. Secondary school
students have been a vital component of these private sector exchange
activities since 1956 and serve to inform the opinion of foreign youth
of the United States and its people.
The safety and security of these participants are of paramount
importance to the Department. Although participants are generally 17 to
18 years of age, some participants are as young as 15 and often away
from home for the first time. Given the vulnerable status of such a
population the Department is proposing that all officers, employees,
representatives, agents, and volunteers acting on the sponsors' behalf
not only be adequately trained and supervised but also pass a criminal
background check. This proposed change is consistent with requirements
that have been adopted nationwide for volunteers and employees of
organizations serving youth populations. The Department anticipates
that a sufficient network of local and state mechanisms is now in place
to provide for the convenient and cost effective vetting of these
individuals.
As a related issue, the Department is proposing that all adult
members of a prospective host family be vetted through a sex offender
registry maintained by the state in which the host family resides.
These registries have been established over the last few years and are
now available in 48 of the 50 states. The registries are easily
accessed and require only the name and zip code of the individual being
vetted. The efficiencies of these registries are also evolving rapidly
as more states mandate the registering of sex offenders. To further
protect student participants, the Department is also proposing that
sponsors provide written information to each participant regarding the
reporting of sexual abuse or exploitation. The Department concludes
that such information is well advised given the youth of the
participants and cross cultural differences that may contribute to a
reluctance to speak out regarding such matters.
To provide greater clarity regarding program eligibility, the
Department proposes to amend existing regulations set forth at 62.25(e)
to require that student participants be bona fide students not more
than 18 years and six months of age as of the program start date. This
change may have a limited effect on the pool of potential exchange
participants but is appropriate given the demographics of U.S. high
school education. Students past this age have generally completed high
school studies in their home country and would be more appropriately
placed in a community college or other higher education institution.
The Department is also of the opinion that older students will receive
limited benefit from this exchange activity.
All secondary school student program sponsors are required to
submit a placement report by August 31 of each academic year, and by
January 15 of each year for those programs which have students arriving
for the Spring semester or calendar year programs. The placement report
is expected to include all final placements for the semester or year.
For example, it is to include all placed exchange visitors for the
academic year program, including participants for the fall semester
only. Students selected by program sponsors, but not placed by August
31, should not enter the U.S. for the academic year/fall semester
programs. They must wait until the Spring semester to participate in
the Exchange Visitor Program.
[[Page 47153]]
Regulatory Analysis and Notices
Administrative Procedure Act
The Department is publishing this rule as a proposed rule, with a
60-day provision for public comments, in accordance with 5 U.S.C. 553.
Regulatory Flexibility Act/Executive Order 13272: Small Business
These proposed changes to the regulations are hereby certified as
not expected to have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act, 5 U.S.C. 601-612, and Executive Order 13272, section
3(b).
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million in any year and it will not significantly or uniquely affect
small governments. Therefore, no actions were deemed necessary under
the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804 for the
purposes of Congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801-
808). This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Executive Order 12866
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. In addition, the Department is
exempt from Executive Order 12866 except to the extent that it is
promulgating regulations in conjunction with a domestic agency that are
significant regulatory actions. The Department has nevertheless
reviewed the regulation to ensure its consistency with the regulatory
philosophy and principles set forth in that Executive Order.
Executive Order 12988
The Department has reviewed this regulation in light of sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Executive Orders 12372 and 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 22 CFR Part 62
Cultural exchange programs.
Accordingly, 22 CFR part 62 is proposed to be amended as follows:
PART 62--EXCHANGE VISITOR PROGRAM
1. The Authority citation for part 62 continues to read as follows:
Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C.
1431-1442, 2451-2460; Foreign Affairs Reform and Restructuring Act
of 1998, Pub. L. 105-277, 112 Stat. 2681 et seq.; Reorganization
Plan No. 2 of 1977, 3 CFR, 1977 Comp. p.200; E.O.12048 of March 27,
1978; 3 CFR, 1978 Comp. p. 168.
2. Section 62.25 is revised to read as follows:
Sec. 62.25 Secondary school students.
(a) Introduction. This section governs Department of State
designated exchange visitor programs under which foreign national
secondary school students are afforded the opportunity for up to one
year of study in a United States accredited public or private secondary
school, while living with an American host family or residing at an
accredited U.S. boarding school.
(b) Program sponsor eligibility. Eligibility for designation as a
secondary school student exchange visitor program sponsor shall be
limited to organizations:
(1) With tax-exempt status as conferred by the Internal Revenue
Service pursuant to section 501(c)(3); and
(2) Which are United States citizens as such terms are defined in
Sec. 62.2.
(c) Program eligibility. Secondary school student exchange visitor
programs designated by the Department of State must:
(1) Require all participants to be enrolled and participating in a
full course of study at an accredited educational institution;
(2) Allow entry of participants for not less than one academic
semester (or quarter equivalency) nor more than two academic semesters
(or quarter equivalency) duration; and
(3) Be conducted on a U.S. academic calendar year basis, except for
students from countries whose academic year is opposite that of the
United States. Exchange students may begin in the second semester of a
U.S. academic year if specifically permitted to do so, in writing, by
the school in which the exchange visitor is enrolled. Both the host
family and school must be notified prior to the exchange student's
arrival in the United States that the placement is for either an
academic semester or year, or calendar year program.
(d) Program administration. Sponsors must ensure that all officers,
employees, representatives, agents, and volunteers acting on their
behalf:
(1) Are adequately trained and supervised;
(2) Make no student placement beyond a two-hour driving time of the
home of a local organizational representative authorized to act on the
sponsor's behalf in both routine and emergency matters arising from an
exchange student's participation in the exchange visitor program;
(3) Ensure that no organizational representative act as both host
family and area supervisor for any exchange student participant;
(4) Maintain, at minimum, a monthly schedule of personal contact
with the student and host family, and ensure that the school has
contact information for the local organizational representative and the
program sponsor's main office; and
(5) Adhere to all regulatory provisions set forth in this Part and
all additional terms and conditions governing program administration
that the Department may from time to time impose.
(e) Student selection. In addition to satisfying the requirements
of Sec. 62.10(a), sponsors must ensure that all participants in a
designated secondary
[[Page 47154]]
school student exchange visitor program are:
(1) Secondary school students in their home country who have not
completed more than eleven years of primary and secondary study,
exclusive of kindergarten; and
(2) At least 15 years of age but not more than 18 years and six
months of age as of the program start date; and
(3) Demonstrate maturity, good character, and scholastic aptitude;
and
(4) Have not previously participated in an academic year or
semester secondary school student exchange program in the United States
or attended school in the United States in either F-1 or J-1 visa
status.
(f) Student enrollment. (1) Sponsors must secure prior written
acceptance for the enrollment of any exchange student participant in a
United States public or private secondary school prior to issuing a
Form DS-2019. Such prior acceptance must:
(i) Be secured from the school principal or other authorized school
administrator of the school or school system that the exchange student
participant will attend; and
(ii) Include written arrangements concerning the payment of tuition
or waiver thereof if applicable.
(2) Under no circumstance may a sponsor facilitate the entry into
the United States of an exchange student for whom a written school
placement has not been secured.
(3) Sponsors must maintain copies of all written acceptances and
make such documents available for Department of State inspection upon
request.
(4) Sponsors must provide the school with a translated ``written
English language summary'' of the exchange student's complete academic
course work prior to commencement of school, in addition to any
additional documents the school may require.
(5) Sponsors may not facilitate the enrollment of more than five
exchange students in one school unless the school itself has requested,
in writing, the placement of more than five students.
(g) Student orientation. In addition to the orientation
requirements set forth at Sec. 62.10, all sponsors must provide
exchange students, prior to their departure from the home country, with
the following information:
(1) A summary of all operating procedures, rules, and regulations
governing student participation in the exchange visitor program;
(2) A detailed summary of travel arrangements;
(3) A detailed profile of the host family in which the exchange
student is placed. The profile shall state whether the host family is
either a permanent placement or a temporary arrival family;
(4) A detailed profile of the school and community in which the
exchange student is placed; and
(5) An identification card which lists the exchange student's name,
United States host family placement address and telephone number, and a
telephone number which affords immediate contact with both the program
sponsor, the program sponsor's organizational representative, and
Department of State in case of emergency. Such cards may be provided in
advance of home country departure or immediately upon entry into the
United States.
(h) Student extra-curricular activities. Exchange students may
participate in school sanctioned and sponsored extra-curricular
activities, including athletics, if such participation is:
(1) Authorized by the local school district in which the student is
enrolled; and
(2) Authorized by the State authority responsible for determination
of athletic eligibility, if applicable.
(i) Student employment. Exchange students may not be employed on
either a full or part-time basis but may accept sporadic or
intermittent employment such as babysitting or yard work.
(j) Host family selection. Sponsors must adequately screen and
select all potential host families and at a minimum must:
(1) Provide potential host families with a detailed summary of the
exchange visitor program and the parameters of their participation,
duties, and obligations;
(2) Utilize a standard application form that must be signed and
dated by all potential host family applicants which provides a detailed
summary and profile of the host family, the physical home environment,
family composition, and community environment. Exchange students are
not permitted to reside with relatives.
(3) Conduct an in-person interview with all family members residing
in the home;
(4) Ensure that the host family is capable of providing a
comfortable and nurturing home environment;
(5) Ensure that the host family has a good reputation and character
by securing two personal references for each host family from the
school or community, attesting to the host family's good reputation and
character;
(6) Ensure that the host family has adequate financial resources to
undertake hosting obligations;
(7) Verify that each member of the host family household eighteen
years of age and older has been vetted through a sex offender registry
in their state, if that state maintains such a registry; and
(8) Maintain a record of all documentation, including but not
limited to application forms, background checks, evaluations, and
interviews, for all selected host families for a period of three years.
(k) Host family orientation. In addition to the orientation
requirements set forth in Sec. 62.10, sponsors must:
(1) Inform all host families of the philosophy, rules, and
regulations governing the sponsor's exchange visitor program;
(2) Provide all selected host families with a copy of Department of
State-promulgated Exchange Visitor Program regulations; and
(3) Advise all selected host families of strategies for cross-
cultural interaction and conduct workshops which will familiarize the
host family with cultural differences and practices.
(l) Host family placement. (1) Sponsors must secure, prior to the
student's departure from his or her home country, a permanent or
arrival host family placement for each exchange student participant.
Sponsors may not:
(i) Facilitate the entry into the United States for an exchange
student for whom a host family placement has not been secured; or
(ii) Place more than one exchange student with a host family
without the express prior written consent of the Department of State.
No more than two exchange students may be placed with one host family.
(2) Sponsors must advise both the exchange student and host family,
in writing, of the respective family compositions and backgrounds of
each, whether the host family placement is a permanent or temporary
placement, and facilitate and encourage the exchange of correspondence
between the two prior to the student's departure from the home country.
(3) In the event of unforeseen circumstances which necessitate a
change of host family placement, the sponsor must document the
reason(s) necessitating such change and provide the Department of State
with an annual statistical summary reflecting the number and reason(s)
for such change in host family placement in the program's annual
report.
(m) Reporting Requirements. Along with the annual report required
by regulations set forth at Sec. 62.15, sponsors shall:
(1) Immediately report to the Department and local law enforcement
authorities any incident or allegation involving the actual or alleged
sexual
[[Page 47155]]
exploitation or abuse of an exchange student participant. Failure to
report such incidents to the Department and local law enforcement
authorities shall be grounds for the summary suspension and termination
of the sponsor's Exchange Visitor Program designation.
(2) Provide a summation of all situations which resulted in the
placement of exchange student participants with more than one host
family or school placement; and
(3) Provide a report of all final academic year and semester
program participant placements by August 31 for the upcoming academic
year or January 15 for the Spring semester and calendar year. The
report must provide at a minimum, the exchange visitor student's full
name, Form DS-2019 number (SEVIS Id ), host family placement
(current U.S. address), and school (site of activity) address.
Dated: August 9, 2005.
Dina Habib Powell,
Assistant Secretary, Bureau of Educational and Cultural Affairs,
Department of State.
[FR Doc. 05-16128 Filed 8-11-05; 8:45 am]
BILLING CODE 4710-05-P