23196 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Proposed Rules 

fuselage tail which could cause a 

displacement of the sailplane centre of 

gravity and consequently may lead to the 

loss of the sailplane controllability, or/and 

—The loosened hose may jam the flight 

controls (push rods) and consequently may 

lead to the loss of the sailplane 

controllability. 

For the reason stated above, the original 

issue of this AD required the inspection of 

the waterballast system hose-fuselage 

connections and the accomplishment of the 

relevant corrective actions (repair) as 

necessary. 

This AD is revised to clarify the purpose 

of the insertion of the repetitive inspection in 

the Aircraft Maintenance Programme and to 

refer to a more appropriate scheduled 

maintenance review for the insertion of the 

repetitive inspection in the Aircraft 

Maintenance Programme. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 30 days after the effective date 

of this AD and repetitively thereafter at 

intervals not to exceed 12 months, inspect 

the bonding between the water ballast system 

hose connectors and the fuselage wall 

connectors for correct and tight connection 

following paragraph 1.8 of Grob Aircraft 

Service Bulletin No. MSB–GROB–003, dated 

October 21, 2009. 

(2) If, during any inspection required by 

paragraphs (f)(1) of this AD, any weak 

bonding is found, before further flight, repair 

the connection between the water ballast 

system hose connectors and the fuselage wall 

connectors following the instructions of 

paragraph 1.8 of Grob Aircraft Service 

Bulletin No. MSB–GROB–003, dated October 

21, 2009. 

(3) After the effective date of this AD, when 

installing a water ballast system on any 

affected sailplane, ensure that the water 

ballast system hose connectors and the 

fuselage wall connector are properly and 

tightly bonded. 

(4) Within 30 days after the effective date 

of this AD, insert the following scheduled 

maintenance task into the FAA-approved 

aircraft maintenance program: ‘‘During each 

annual inspection and without exceeding a 

12-month interval, inspect the bonding 

between the water ballast system hose 

connectors and the fuselage wall connectors 

for correct and tight connection. Repair any 

incorrect or loose connection.’’ 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Greg Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency AD No.: 2010–0053R1, dated 

April 14, 2010; and Grob Aircraft Service 

Bulletin No. MSB–GROB–003, dated October 

21, 2009, for related information. 

Issued in Kansas City, Missouri, on April 

22, 2010. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–9954 Filed 4–30–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 62 

RIN 1400–AC56 

[Public Notice: 6982] 

Exchange Visitor Program—Secondary 

School Students 

AGENCY: Department of State. 

ACTION: Proposed rule with request for 

comment. 

SUMMARY: The Department of State is 

proposing to amend existing regulations 

to impose new program administration 

requirements within the secondary 

school student exchange program. These 

regulations govern Department 

designated exchange visitor programs 

under which foreign secondary school 

students (ages 15–181⁄2) are afforded the 

opportunity to study in the United 

States at accredited public or private 

secondary schools for an academic 

semester or an academic year while 

living with American host families or 

residing at accredited U.S. boarding 

schools. Specifically, the Department is 

proposing to amend existing regulations 

regarding the screening, selection, 

school enrollment, orientation, and 

quality assurance monitoring on behalf 

of student participants; and the 

screening, selection, orientation, and 

quality assurance monitoring of host 

families and field staff. The purpose of 

this rule is to solicit public comment 

regarding these proposed changes that 

are offered to address the need for 

greater clarity in current existing 

regulatory language. The Department’s 

objective is to better protect the health, 

safety, and welfare of these participants 

though enhanced clarity of existing 

regulations. Due to the academic 

calendar and the screening and 

selection cycle for the conduct of the 

Secondary School Student program, the 

comment period of this proposed rule 

has been set to 30 days from the date of 

publication. Concerns regarding the 

safety and welfare of secondary school 

student population necessitate a shorter 

comment period. To provide sponsors 

with sufficient time to prepare for 

implementation of changes in program 

administration to be effective in the 

academic year 2011/2012, the 

Department would like to accelerate this 

rulemaking. 

DATES: The Department will accept 

comments from the public up to June 2, 

2010. 

ADDRESSES: You may submit comments, 

numbered by topic by any of the 

following methods: 

• Persons with access to the Internet 

may view this notice and provide 

comments by going to the 

regulations.gov Web site at: http:// 

www.regulations.gov/index.cfm. 

• Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

Office of Designation, SA–5, Floor 5, 

2200 C Street, NW., Washington, DC 

20522–0505. 

• E-mail: JExchanges@state.gov. You 

must include the title (Exchange Visitor 

Program—Secondary School Students) 

and RIN (1400–AC56) in the subject line 

of your message. 

FOR FURTHER INFORMATION CONTACT: 

Stanley S. Colvin, Deputy Assistant 

Secretary for Private Sector Exchange, 

U.S. Department of State, SA–5, Floor 5, 

2200 C Street, NW., Washington, DC 

20522–0505; or e-mail at 

JExchanges@state.gov. 

SUPPLEMENTARY INFORMATION: 

Comments 

The Department has identified sixteen 

areas, as numbered in the 

Supplementary text of this document. In 

your response, comments should be 

numbered to coincide with the sixteen 

areas. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Proposed Rules 23197 

Background 

The Department has authorized 

Secondary School Student programs 

since 1949, following passage of the 

United States Information and 

Educational Exchange Act of 1948 and 

adoption of 22 CFR part 68—Exchange 

Visitor Program, establishing a student 

exchange program (14 FR 4592, July 22, 

1949). Over the last 60 years, more than 

850,000 foreign exchange students have 

lived in and learned about America 

through these Secondary School 

Student programs. 

In 1993, the United States Information 

Agency, the predecessor agency with 

oversight of the Exchange Visitor 

Program, substantially rewrote the 

regulations governing the Exchange 

Visitor Program, including the 

Secondary School Student category (See 

58 FR 15196, Mar. 19, 1993, as amended 

at 59 FR 34761, July 7, 1994, 

redesignated at 64 FR 54539, Oct. 7, 

1999.) Since that time, significant 

changes in the makeup of the American 

family and widespread access to new 

technologies have necessitated 

additional updates to these regulations. 

In 2006, the Department adopted new 

regulations set forth at 22 CFR 62.25 to 

require Secondary School Student 

program sponsors to complete criminal 

background checks on all officers, 

employees, agents, representatives and 

volunteers acting on their behalf who 

had direct contact with exchange 

students and to require program 

sponsors to contact host families and 

students monthly. The Department also 

required sponsors to ensure that all 

adult members of a host family 

household (age 18 or older) to undergo 

criminal background checks prior to 

placing an exchange student in the 

home. Sponsors must also report any 

allegation of sexual misconduct or any 

other allegations of abuse or neglect to 

both the Department and local law 

enforcement authorities as required in 

that jurisdiction (see http:// 

www.childwelfare.gov for a list by State 

of child abuse and neglect statutes) (71 

FR 16696, April 4, 2006). 

The great majority of exchange 

students who come to the United States 

to attend high school enjoy a positive 

life-changing experience, grow in 

independence and maturity, improve 

their English language skills, and build 

relationships with U.S. citizens. As with 

other Exchange Visitor Program 

categories, the underlying purpose of 

the Secondary School Student Program 

is to further U.S. diplomatic and foreign 

policy goals by encouraging this 

positive academic and social 

interaction. Experience has shown that 

these students will share the knowledge 

and goodwill derived from their 

exchanges with their fellow citizens 

upon return to their home countries. 

Information on Department of State 

sponsored exchange programs can be 

found at http://exchanges.state.gov/ 

program evaluations/completed.html. 

While the vast majority of the 

Department’s nearly 28,000 annual 

exchanges of secondary school students 

conclude with positive experiences for 

both the exchange student and the 

American host families, a number of 

incidents have occurred recently with 

respect to student placement and 

oversight which demand the 

Department’s immediate attention. The 

success of the Secondary School 

Student program is dependent on the 

generosity of the American families who 

support this program by welcoming 

foreign students into their homes. The 

number of qualified foreign students 

desiring to come to the United States for 

a year of high school continues to rise 

and student demand is now placing 

pressure on the ability of sponsors to 

identify available and appropriate host 

family homes. The Department desires 

to provide the means to permit as many 

exchange students into the United 

States as possible so long as we can 

ensure their safety and welfare, which is 

our highest priority. 

The Department also recognizes that 

local coordinators, who serve as 

representatives (employees or 

volunteers) of the Secondary School 

Student program sponsors and who 

have responsibility for obtaining school 

enrollment and locating and recruiting 

host families, are the critical link to a 

successful exchange program. Local 

coordinators exercise a degree of 

independent judgment when 

determining whether a potential host 

family is capable of providing a 

comfortable and nurturing home 

environment for a secondary school 

student, whether that family is an 

appropriate match for the student, and 

whether it has adequate financial 

resources to undertake hosting 

obligations. Accordingly, the 

Department proposes the adoption of an 

annual testing and certification program 

for all local and regional coordinators 

that will entail, inter alia, specifying 

more clearly the Department’s 

regulatory requirements as well as 

requiring specific training for the local 

and regional coordinators engaged by 

the sponsor organizations. 

This program is recognized as one of 

the Department’s most valued exchange 

initiatives. The Department believes that 

enhanced specificity in the regulations 

and the establishment of minimum 

industry standards will improve the 

placement of students and promote the 

health, safety and well-being of this 

most vulnerable group of exchange 

visitors. The Department, the Congress, 

the American public, and members of 

the exchange community share the same 

goal of ensuring a safe and positive 

exchange experience for every foreign 

student invited to participate in this 

exchange program. To that end, the 

Department has engaged in a series of 

actions and outreach to focus the 

Secondary School Student exchange 

industry on best practices and 

continued improvement in selection 

and monitoring of host families and 

students. 

Prior to the development of this 

proposed rule, the Department 

published an Advance Notice of 

Proposed Rulemaking (ANPRM) in the 

Federal Register to solicit comments 

from sponsors and the general public on 

current best practices in the industry. 

(See 74 FR 45385, Sept. 2, 2009). The 

ANPRM focused on six areas: (1) 

Utilization of standard information on a 

sponsor developed host family 

application form; (2) requirement for 

photographs of all host family homes (to 

include the student’s bedroom, living 

areas, kitchen, outside of house and 

grounds) as a part of the host family 

application process; (3) the 

appropriateness of host family 

references from family members or local 

coordinators, and the feasibility of 

obtaining one reference from the school 

in which the student is enrolled; (4) 

whether fingerprint-based criminal 

background checks should be required 

of all adult host family members and 

sponsor officers, employees, 

representatives, agents and volunteers 

who come, or may come, into direct 

contact with the student and whether 

guidelines regarding the interpretation 

of criminal background checks are 

needed; (5) the establishment of 

baseline financial resources for potential 

host families; and (6) the establishment 

of limitations on the composition of 

potential host families. 

In light of the 97 comments submitted 

in response to the ANPRM, the 

Department has identified sixteen areas 

that we believe will enhance the safety 

and welfare of foreign secondary school 

students studying in the United States. 

To effectively implement these changes, 

additional regulations are necessary. 

The following is an explanation of the 

proposed regulatory changes on which 

we invite comments: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
23198 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Proposed Rules 

1. Standard Host Family Application 

Form 

The Department recognizes that many 

sponsors have invested significantly in 

technology to develop proprietary host 

family applications and application 

processing systems. The current 

sponsor-specific application formats 

vary but the Department has determined 

that they all collect information 

responsive to regulatory requirements. 

Accordingly, the Department believes 

that a Department-mandated and 

designed standard application form for 

all potential host families is not needed. 

However, to assist exchange sponsors in 

their current or future development or 

amendment of application forms, the 

Department has compiled a list of 

information fields, the collection of 

which it deems a best practice. This list 

is set forth at Appendix F—‘‘Information 

to be collected on Secondary School 

Student Host Family Applications’’—of 

this rulemaking. 

2. Requiring Photographs of the Host 

Family Home 

The Department finds that 

photographing potential host family 

homes is already a standard practice 

with more than half of existing 

secondary student exchange sponsors. 

Many of the sponsors who commented 

on the recent ANPRM indicated that 

they find providing photographs of the 

home to be a reasonable requirement 

and an industry ‘‘best practice’’ to 

prevent secondary school students from 

being placed in unhealthy 

environments. The Department concurs 

and proposes that all sponsors 

photograph the exterior, kitchen, 

student’s bedroom, bathroom, and 

family or living room of the potential 

host family’s home. 

3. Personal Character References for 

Host Family Applicants 

Under this proposal, host family 

members and sponsor representatives 

will not be permitted to serve as 

character references for potential host 

families. Further, the Department has 

determined that obtaining a character 

reference from local school officials is 

not feasible, raises certain privacy 

concerns, and should thus no longer be 

required. 

4. Measuring Host Family Financial 

Resources 

The Department has determined that 

regional differences in incomes and 

standards of living prevent adoption of 

a requirement that potential host 

families have a minimum household 

income. Such a requirement would not 

fairly or accurately reflect cost of living 

differences for families in urban, 

suburban, exurban and rural areas. Nor 

would such a requirement guarantee the 

adequacy of the care the student would 

receive. However, the Department does 

not deem appropriate the placement of 

Secondary School Student exchange 

participants with host families receiving 

financial needs-based government 

subsidies for food or housing which are 

necessary to meet basic living needs. 

Such families, by definition, lack 

sufficient financial resources to meet 

fully the financial obligations associated 

with hosting exchange students. It is 

recognized, however, that there could be 

a ‘‘needs-based subsidy for food or 

housing’’ whose beneficiaries could be 

capable of caring for an exchange 

student and the Department is therefore 

soliciting public comment on how best 

to define the phrase ‘‘needs-based’’ in 

this context. 

To assist sponsors in their required 

assessment of a potential family’s ability 

to undertake hosting obligations, the 

Department finds it appropriate for 

Secondary School Student program 

sponsors to obtain objective information 

on household income to help determine 

the financial capability of potential 

families to host an exchange student. 

The Department believes this objective 

measurement can be achieved through 

collecting certain information on the 

host family application form, already a 

current practice of many sponsors. 

Accordingly, the Department proposes 

that sponsors query potential host 

families regarding household income 

and include a box on the host family 

application form denoting annual 

household income level in broad ranges 

(less than $25,000; $25, 000–$35,000; 

$35,000–$45,000; $45,000–$55,000; 

$55,000–$65,000; $65,000–$75,000; and 

$75,000 and above). In evaluating host 

family resources, sponsors need to be 

mindful of the host family’s obligation 

to provide three quality meals per day 

and ensure transportation for the 

exchange student to and from school 

and school activities. 

5. Criminal Background Checks 

The Department has conducted 

significant analysis of this proposed 

criminal background check requirement 

and recognizes that, to date, no single 

criminal background check, or 

combination of criminal background 

checks, has been identified as 

guaranteeing that a potential host family 

member has no record of any serious or 

other encounters with U.S. county, State 

or Federal criminal justice systems 

(hereinafter ‘‘criminal record’’). The 

Department currently requires a private 

vendor name and social security 

number check of all potential host 

family adults and proposes to expand 

this requirement to include an FBI 

fingerprint-based criminal background 

check and a check of the National Sex 

Offender Registry for each potential host 

family adult. The Congress has 

recognized the importance of FBI 

fingerprint-based criminal background 

checks as part of a screening process for 

adults working with children on a 

professional or volunteer basis, and 

created the Child Safety Pilot Program. 

This Pilot Program provides youthserving volunteer organizations access 

to the FBI master criminal history 

database for the purpose of vetting 

potential volunteers or employees. The 

Mentor organization, an NGO devoted to 

assisting youth-serving volunteer 

organizations and a participant in the 

Child Safety Pilot Program, has found 

the following since joining the pilot 

program: 

‘‘Of the nearly 69,000 volunteers screened 

during the pilot, more than 6 percent had 

criminal records of concern, including 

serious crimes such as murder, rape and 

child sexual abuse. Furthermore, more than 

41 percent of individuals with criminal 

records of concern had committed crimes in 

States other than where they were applying 

to volunteer—meaning only a nationwide 

check would have caught the criminal 

records.’’ http://www.mentoring.org/take_

action/advocate_for_mentoring/background

_checks/fact_sheet/. 

The Department notes that there must 

exist sufficient statutory authority for 

organizations to obtain FBI 

authorization to access the FBI master 

criminal history database. The Child 

Safety Pilot Program, which is 

administered by the National Center for 

Missing and Exploited Children 

(NCMEC) and codified at 42 U.S.C. 

5119, extends the opportunity to access 

FBI-fingerprint-based criminal 

background checks to the Boys and Girls 

Clubs of America, the National Council 

of Youth Sports, the Mentor pilot 

program, as well as ‘‘any nonprofit 

organization that provides care, as that 

term is defined in section 5 of the 

National Child Protection Act of 1993 

(42 U.S.C. 5119c) for children.’’ Care is 

defined at 42 U.S.C. 5119c as ‘‘the 

provision of care, treatment, education, 

training, instruction, supervision, or 

recreation to children, the elderly, or 

individuals with disabilities.’’ Based on 

these statutory definitions, the 

Department and the National Center for 

Missing and Exploited Children 

(NCMEC) agree that the 90 Secondary 

School Student program sponsors 

designated by the Department to 

facilitate Secondary School Student 

exchange programs are eligible to apply 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Proposed Rules 23199 

to NCMEC for participation in the Child 

Safety Pilot Program, or a subsequent 

successor program, or as otherwise 

authorized by law. Each sponsor would 

be required to apply to NCMEC, who 

will review the application for 

sufficiency and will, in turn, 

recommend to the FBI that the sponsor 

be included in the Child Safety Pilot 

Program. The FBI has final approval 

authority. Should the Child Safety Pilot 

Program not be extended or made 

permanent, this regulatory provision, if 

adopted, would necessarily become null 

and void. 

We additionally note in this regard 

that there is pending legislation, the 

Child Protection Improvements Act of 

2009 (S. 163, H.R. 1469), that would 

amend the National Child Protection 

Act of 1993 to establish a permanent 

mechanism that would allow youthserving organizations access to FBI 

fingerprint-based criminal background 

checks through a process similar to the 

one outlined above. 

The NCMEC’s FBI fingerprint-based 

criminal background check process has 

been well and successfully administered 

since 2003. It is the Department’s 

understanding that NCMEC will comply 

with both FBI criminal history record 

security policy and the Privacy Act 

regarding the storage, dissemination and 

destruction of criminal history record 

information. The Department will work 

with NCMEC to develop a standard 

guideline for interpreting any results 

received from either the FBI fingerprintbased criminal background check or the 

name and social security number 

criminal background check. NCMEC 

would interpret/adjudicate any 

identified criminal history records 

according to this standard guideline and 

would provide to sponsors a ‘‘green 

light/red light’’ (yes/no) determination 

for each host family adult. No potential 

host family would be allowed to host a 

secondary school exchange students if 

any host family member receives a ‘‘red 

light’’ result from NCMEC. 

As a related matter, the Department 

provides notice of and seeks specific 

comment regarding ink and paper 

versus electronic collection of 

fingerprints. Currently, NCMEC 

processes ink and paper fingerprints. In 

such a process, an individual’s 

fingerprints are inked and rolled onto a 

blank paper card, which if taken 

correctly, must be scanned into an 

electronic file before they are uploaded 

to the FBI for processing. We have been 

advised that some 30–40% of all ink 

and paper fingerprints taken are 

unclassifiable, meaning the fingerprints 

obtained are not of sufficient quality to 

be electronically scanned for processing. 

In such a situation, a new set of 

fingerprints would need to be taken and 

resubmitted, causing significant delay in 

processing time. Additionally, potential 

host family adults may be 

inconvenienced with travel to a local 

police station or a fingerprinting service 

provider to be ink and paper 

fingerprinted. 

An alternative collection method is 

through electronic fingerprinting, which 

the Department has discussed with 

NCMEC. We believe that this process 

yields a number of important 

advantages over the ink and paper 

fingerprinting process. First, while 30– 

40% of ink and paper fingerprints are 

unclassifiable, electronic fingerprints 

are unclassifiable only 1–1.5% of the 

time and can almost always be corrected 

in real-time, permitting electronic 

fingerprints not taken correctly to be 

flagged as incomplete or inaccurate and 

immediately retaken. A number of 

private electronic fingerprinting 

organizations exist throughout the 

United States that dispatch trained 

organizational representatives to 

potential host family homes to 

electronically fingerprint adult family 

members. The Department seeks 

specific comment from the public 

regarding the value of this type of 

criminal background check and these 

two alternative collection methods. 

The Department recognizes that to be 

effective in the educational exchange 

environment, criminal background 

checks must be timely, cost-effective 

and not overly inconvenient for the host 

family. The Department recognizes that 

a higher cost is involved for an ink and 

paper FBI fingerprint-based criminal 

background check ($17.25 to $30.25 for 

the FBI fingerprint-based criminal 

background check plus any State or 

local government processing fees, which 

on average would bring the total cost to 

$70 per individual) than the cost for the 

currently performed private vendor 

social security number and name check 

(i.e. approximately $4 for many nonprofit organizations). The total cost for 

the electronic fingerprinting process is 

estimated at approximately $300–$400 

per host family for the private 

fingerprinting organization’s 

representative to visit the host family, 

collect electronic fingerprints of all host 

family adults, transmit fingerprints to 

NCMEC for subsequent channeling of 

the fingerprints to the FBI, adjudicate 

any criminal record, and provide to 

sponsors a ‘‘green light/red light’’ (yes/ 

no) determination as to the host family’s 

ability to host an exchange visitor. 

The Department is of the opinion that 

the safety of secondary school students 

invited to participate in this program 

outweighs the additional cost that may 

be incurred. Sponsors would be 

responsible for absorbing the cost of 

either the ink and paper or electronic 

collection process. We anticipate that 

this cost will be passed along to the 

exchange student as an additional 

program cost or will be absorbed by the 

sponsor. We specifically solicit and 

welcome comments regarding cost, both 

financial and in terms of staff resources, 

for the ink and paper and electronic FBI 

fingerprint-based criminal background 

checks. 

Finally, the Department recognizes 

that a search of State criminal history 

record databases would provide an 

additional level of review and certainty 

of results. However, there is no uniform 

criminal history record database 

standard across the various State 

jurisdictions, no uniform practice in 

how States permit access to such 

repositories, and States vary 

substantially in how well they maintain 

and how frequently they update their 

criminal history repositories. 

Specifically, the June 2006 ‘‘Attorney 

General’s Report on Criminal History 

Background Checks’’ explains that some 

States make their records available for 

non-criminal justice purposes ‘‘more 

broadly than others,’’ though other 

States are ‘‘limiting their use for noncriminal justice purposes to those 

specifically authorized by State law.’’ 

For many States, a separate statutory 

authority must be obtained for specific 

non-criminal justice criminal record 

searches. Given these parameters, the 

Department seeks specific comments 

regarding the feasibility and utility of 

also requiring State criminal history 

record checks. 

6. Host Family Composition 

The Department does not define what 

constitutes a family; however, we take 

administrative notice that a family is 

considered to be more than one person. 

To ensure the Secondary School 

Student program’s integrity and original 

intent, the Department proposes that a 

potential single adult host parent must 

have: 

• At least one school-aged child 

living full-time in the host family home; 

or 

• A child that no longer resides in the 

host family home due to custody 

agreements but who returns to the 

family home for frequent visits; or 

• A child pursuing higher-education 

studies but who returns to the family 

home for frequent visits. 

No single adults will be allowed to 

host Secondary School Students. Only 

families comprised of one adult meeting 

the above standard or families 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
23200 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Proposed Rules 

comprised of at least two adults will be 

permitted to host Secondary School 

Students. 

7. Local Coordinator Training Course 

The Department recognizes that the 

exercise of good judgment by sponsors’ 

local coordinators is the critical factor in 

ensuring a successful exchange 

program. Accordingly, in addition to the 

individual, organization-specific 

training conducted by the sponsor’s; the 

Department proposes to adopt a testing 

and certification program for all local 

and regional coordinators to be 

administered by and paid for by the 

Department of State. This training will 

include instruction designed to provide 

a comprehensive understanding of the 

Exchange Visitor Program, its public 

diplomacy objectives, and the 

Secondary School Student category 

rules and regulations. The training 

conducted by the Department will also 

include instruction on conflict 

resolution; how to handle and report 

emergency situations; sexual conduct 

codes and appropriate responses; the 

criteria to be used in screening potential 

host families; and the exercise of good 

judgment in determining the suitability 

of a host family placement. 

Organizational-specific training may be 

rendered in a classroom setting, one-onone, or via an online platform. If 

training is conducted online, the 

sponsor must demonstrate successful 

completion of the course by the local 

coordinator via an online test. The 

Department will review all training 

materials and will require that these 

materials be provided with the sponsor 

application for designation or 

redesignation. The Department 

additionally proposes that local 

coordinators be required to undergo 

annual certification each year following 

completion of the original training. 

8. Number of Students and Host 

Families for Which a Local Coordinator 

May Be Responsible. 

The Department, which has over 20 

years’ experience with limiting the 

responsibilities of local coordinators 

overseeing au pairs and their host 

families is considering limiting the 

number of student and host family 

placements that a local coordinator may 

oversee in the Secondary School 

Student category of exchange. The 

Department is seeking comments on 

whether it should establish a similar 

limit for the Secondary School Student 

program, and if so, what such limits 

should be for part-time versus a local 

coordinator working full-time. 

Further, the Department proposes 

seven additional changes and/or 

clarifications to existing regulations that 

will provide greater specificity, and 

oversight improvements to better reflect 

what the Department deems to be 

current ‘‘best practices’’. These proposed 

changes include: 

9. Athletic Participation in the United 

States 

Consistent with the purpose of 

participation in the Secondary School 

Student program, athletic eligibility or 

participation in an athletic program is 

not guaranteed. Approval for a foreign 

exchange student to participate in an 

athletic program must be authorized by 

the local school district in which the 

student is enrolled; and by the State 

authority responsible for determination 

of athletic eligibility, if applicable. The 

regulations are being clarified to reflect 

that an exchange student may not be 

selected and placed based on athletic 

ability. 

10. Prohibition of Payments to Host 

Families 

Historically, the Secondary School 

Student program has been carried out 

through the use of voluntary host 

families. However, in May 2008 the 

Department learned that some sponsors 

were compensating American families 

to host secondary school students. 

Existing regulations governing this 

category of exchange do not specifically 

address payment of host families. In 

response to concerns raised, the 

Department canvassed the Secondary 

School Student exchange community 

requesting their comment on this 

practice. At that time, there were 102 

organizations designated by the 

Department to conduct Secondary 

School Student exchange programs. 

Fifty organizations provided comment. 

Of these, 4 indicated that they were 

currently paying host families and 6 

believed that host families should be 

paid. The remaining 40 sponsors 

opposed the payment of host families, 

citing that paying host families would 

not serve the program well and that the 

long-term success of the current model 

is based on the relationship between the 

participant and the host family, the 

success of which is the result of an act 

of generosity and citizenship. The 

Department agreed and on July 22, 2008, 

published a Policy Notice that host 

families should not be paid for hosting 

exchange students. The Department is 

proposing that the prohibition of 

payment to host families be added to the 

regulations to ensure that the integrity 

of the program is maintained. 

11. Clarification that the host family 

orientation is to be conducted after the 

host family application process has been 

completed and the host family has been 

fully vetted and accepted into the 

program. 

12. A requirement that a visit to the 

host family home of the secondary 

school student be conducted, within 

two months of placement, by an 

organizational representative of the 

sponsor other than the local coordinator 

who screened and selected the host 

family and made the placement. 

13. A requirement that no secondary 

school student placement be made 

beyond one hour’s drive of the home of 

a local organizational representative, a 

change in an existing requirement that 

sets 120 miles as the maximum. 

14. A clearer distinction between 

training and supervision requirements 

of officers, employees, representatives, 

agents, and volunteers acting on behalf 

of the sponsor. 

15. A prohibition against removing 

secondary school students’ government 

issued documents, personal computers 

and telephones from their possession; 

and 

16. Adoption of standards ensuring 

that sponsors’ promotional materials are 

professional, ethical, and accurately 

reflect the sponsor’s purposes, activities, 

and sponsorship. Promotional materials 

should not compromise the privacy, 

safety or security of participants, 

families or schools. Specifically, 

sponsors must not include personal 

student data or contact information 

(including addresses, phone numbers or 

e-mail addresses) or photographs of the 

student on Web sites or other 

promotional materials. Sponsors would 

also ensure that access to student 

profiles is password protected and 

would only be available to potential 

host families who have been fully vetted 

and selected for program participation. 

Administrative Procedure Act 

The Department of State is of the 

opinion that the Exchange Visitor 

Program is a foreign affairs function of 

the U.S. Government and that rules 

implementing this function are exempt 

from section 553 (Rulemaking) and 

section 554 (Adjudications) of the 

Administrative Procedure Act (APA). 

The U.S. Government policy and 

longstanding practice, has supervised 

and overseen foreign nationals who 

come to the United States as 

participants in exchange visitor 

programs, either directly or through 

private sector program sponsors or 

grantees. When problems occur, the U.S. 

Government is often held accountable 

by foreign governments for the 

treatment of their nationals, regardless 

of who is responsible for the problems. 

The purpose of this rule is to protect the 


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health and welfare of foreign nationals 

entering the United States (often on 

programs funded by the U.S. 

Government) for a finite period of time 

and with a view that they will return to 

their countries of nationality upon 

completion of their programs. The 

Department of State represents that 

failure to protect the health and welfare 

of these foreign nationals will have 

direct and substantial adverse effects on 

the foreign affairs of the United States. 

Although the Department is of the 

opinion that this rule is exempt from the 

rulemaking provisions of the APA, the 

Department is publishing this rule as a 

proposed rule, with a 30-day provision 

for public comment and without 

prejudice to its determination that the 

Exchange Visitor Program is a foreign 

affairs function. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

As discussed above, the Department 

believes that this proposed rule is 

exempt from the provisions of 5 U.S.C 

553, and that no other law requires the 

Department to give notice of proposed 

rulemaking. Accordingly the 

Department believes that this proposed 

rule is not subject to the requirements 

of the Regulatory Flexibility Act (5 

U.S.C. 601, et seq.) or Executive Order 

13272, section 3(b). However, the 

Department has examined the costs and 

benefits associated with this proposed 

rule, and declare that educational and 

cultural exchanges are both the 

cornerstone of U.S. public diplomacy 

and an integral component of American 

foreign policy. The Secondary School 

Student exchange programs conducted 

under the authorities of the Exchange 

Visitor Program promote mutual 

understanding by providing foreign 

students the opportunity to study in 

American high schools while living 

with American host families. Not only 

are the students themselves transformed 

by these experiences, but so too are their 

families, friends and teachers in their 

home countries. By studying and 

participating in daily student life in the 

United States, Secondary School 

Student program participants gain an 

understanding of and an appreciation 

for the similarities and difference 

between their culture and that of the 

United States. Upon their return home, 

these students enrich their schools and 

communities with different perspectives 

of U.S. culture and events, providing 

local communities with new and 

diverse perspectives. Secondary School 

Student exchanges also foster enduring 

relationships and lifelong friendships 

which help build longstanding ties 

between the people of the United States 

and other countries. In reciprocal 

fashion, American secondary school 

students are provided opportunities to 

increase their knowledge and 

understanding of the world through 

these friendships. Participating schools 

gain from the experience of having 

international students in the classroom, 

at after-school activities, and in their 

communities. Though the benefits of 

these exchanges to the United States 

and its people cannot be monetized, the 

Department is nonetheless of the 

opinion that these benefits outweigh the 

costs associated with this proposed rule. 

Further, the Department has 

examined the potential impact of this 

proposed rule on small entities. Entities 

conducting student exchange programs 

are classified under code number 

6117.10 of the North American Industry 

Classification System. Some 5,573 forprofit and tax-exempt entities are listed 

as falling within this classification. Of 

this total number of so-classified 

entities, 1,226 are designated by the 

Department of State as sponsors of an 

exchange visitor program, designated as 

such to further the public diplomacy 

mission of the Department and U.S. 

Government through the conduct of 

people to people exchange visitor 

programs. Of these 1,226 Department 

designated entities, 933 are academic 

institutions and 293 are for-profit or taxexempt entities. Of the 293 for-profit or 

tax-exempt entities designated by the 

Department, 131 have annual revenues 

of less than $7 million thereby falling 

within the purview of the Regulatory 

Flexibility Act. Thus, the Department 

finds that 2.3% of all organizations 

conducting student exchange programs 

are both designated by the Department 

as Exchange Visitor Program sponsors 

and also have annual revenues of less 

than $7 million. Although, as stated 

above, the Department is of the opinion 

that the Exchange Visitor Program is a 

foreign affairs function of the United 

States Government and, as such, that 

this proposed rule is exempt from the 

rulemaking provisions of section 553 of 

the APA, given the projected costs of 

this proposed rule discussed below and 

the number of entities conducting 

student exchange programs noted above, 

the Department has determined that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Unfunded Mandates Reform Act of 

1995 

This proposed rule will not result in 

the expenditure by State, local and 

Tribal governments, in the aggregate, or 

by the private sector, of $100 million in 

any year and it will not significantly or 

uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department has determined that 

this rulemaking will not have Tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian Tribal governments, and will not 

pre-empt Tribal law. Accordingly, the 

requirements of Section 5 of Executive 

Order 13175 do not apply to this 

rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed rule is not a major rule 

as defined by 5 U.S.C. 804 for the 

purposes of Congressional review of 

agency rulemaking under the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (5 U.S.C. 801–808). 

This rule will not result in an annual 

effect on the economy of $100 million 

or more; a major increase in costs or 

prices; or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Executive Order 12866 

The Department of State does not 

consider this rule to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f), Regulatory 

Planning and Review. The Department 

is of the opinion that the Exchange 

Visitor Program is a foreign affairs 

function of the United States 

Government and that rules governing 

the conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has nevertheless reviewed this proposed 

regulation to ensure its consistency with 

the regulatory philosophy and 

principles set forth in that Executive 

Order. 

The Department has identified 

potential costs associated with this 

proposed rule beginning with the 

proposed requirement that sponsors 

collect photographs documenting the 

exterior and interior of a potential host 

family home. Although many sponsors 

currently collect such photographs as 

part of the host family application and 

vetting process, not all designated 

sponsors do so. Those sponsors that do 

collect this photographic documentation 

find that the cost of doing so is not 


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substantial as the photographs are taken 

by the local coordinator with digital 

cameras, uploaded electronically, and 

attached to the host family application 

that is in turn sent to the sponsor for 

evaluation and further vetting. For 

program sponsors not currently 

following this practice, the cost of doing 

so will be associated with the purchase 

of a digital camera for those local 

coordinators that do not own or have 

access to one. The Department does not 

believe this will be a substantial cost to 

sponsors. 

The Department is necessarily of the 

opinion that all reasonable measures 

should be taken to ensure the placement 

of students in safe homes. Having 

adopted in 2006 a criminal background 

check required of all adults resident in 

a potential host family home, the 

Department now proposes to strengthen 

this requirement by expanding the 

criminal background check to include 

an FBI fingerprint-based criminal 

background check, a basic Social 

Security number and name check and a 

national Sex Offender registry check for 

all adult members resident in a potential 

host family home. The nationwide 

average for an ink and paper FBI 

fingerprint-based criminal background 

check is $70.00 per person. 

Approximately 60,000 checks will need 

to be performed at an aggregate cost of 

approximately $4.2 million. A possible 

second approach to the collection of 

these criminal background checks 

would involve-I home electronic 

fingerprinting of all adult members of a 

host family household. This process 

would involve the use of a contractor, 

with a national footprint, recognized 

and authorized by the FBI to collect and 

process electronic fingerprints. 

Estimated costs for this process would 

be $300–$400 per household with an 

aggregate cost of $8.4 million. The 

Department anticipates that these costs 

will be borne by the exchange student 

as an additional program cost or will be 

absorbed by the sponsor. 

The Department also identifies the 

costs associated with the 

implementation of enhanced training for 

local coordinators, the individuals 

acting as agents of program sponsors in 

screening, selecting and monitoring host 

family placements. The Department will 

develop a training program for all local 

coordinators at a projected cost to the 

Department of $100,000. An additional 

cost of this proposed rule is the time 

required for these individuals to take 

this training. While some local 

coordinators receive payment for 

placing exchange students, others do 

not. In determining costs for required 

training, the Department places a value 

of $20 per hour on the time spent in 

taking this required training and thus 

finds that if all volunteers and agents 

(estimated at 4,000 individuals) spend 

three hours each taking the proposed 

training, then the aggregate cost would 

be approximately $240,000. Finally, the 

Department notes that there will be an 

increased cost arising from the proposed 

requirement that each host family home 

be visited within the first or second 

month of the student’s placement in the 

home by a representative of the sponsor 

other than the local coordinator who 

screened and selected the host family 

and arranged the placement. The 

Department recognizes that the sponsor 

will utilize its existing local coordinator 

network and that the identifiable cost of 

this proposal will be related to the 

additional cost of travel for this sponsor 

representative, which the Department 

anticipates to not be substantial. 

Executive Order 12988 

The Department has reviewed this 

regulation in light of sections 3(a) and 

3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Orders 12372 and 13132 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this regulation. 

Paperwork Reduction Act 

The information collection 

requirements contained in this proposed 

rulemaking are pursuant to the 

Paperwork Reduction Act, 44 U.S.C. 

Chapter 35 and OMB Control Number 

1405–0147, Form DS–7000. 

List of Subjects in 22 CFR Part 62 

Cultural Exchange Program. 

Accordingly, 22 CFR part 62 is 

proposed to be amended as follows: 

PART 62—EXCHANGE VISITOR 

PROGRAM 

1. The Authority citation for Part 62 

is revised to read as follows: 

Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 

1184, 1258; 22 U.S.C. 1431–1442, 2451 et 

seq.; Foreign Affairs Reform and 

Restructuring Act of 1998, Pub. L. 105–277, 

Div. G, 112 Stat. 2681 et seq.; Reorganization 

Plan No. 2 of 1977, 3 CFR, 1977 Comp. p. 

200; E.O. 12048 of March 27, 1978; 3 CFR, 

1978 Comp. p. 168; the Illegal Immigration 

Reform and Immigrant Responsibility Act 

(IIRIRA) of 1996, Pub. L. 104–208, Div. C, 110 

Stat. 3009–546, as amended; Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept and 

Obstruct Terrorism Act of 2001 (U.S.A. 

PATRIOT ACT), Pub. L. 107–56, Sec. 416, 

115 Stat. 354; and the Enhanced Border 

Security and Visa Entry Reform Act of 2002, 

Pub. L. 107–173, 116 Stat. 543. 

2. Section 62.25 is revised to read as 

follows: 

§ 62.25 Secondary school students. 

(a) Purpose. This section governs 

Department of State designated 

exchange visitor programs under which 

foreign secondary school students are 

afforded the opportunity to study in the 

United States at accredited public or 

private secondary schools for an 

academic semester or an academic year, 

while living with American host 

families or residing at accredited U.S. 

boarding schools. The secondary school 

student program is one of the 

Department’s oldest and most effective 

means to foster enduring relationships 

between the people of the United States 

and other countries and is, accordingly, 

an integral component of U.S. public 

diplomacy and American foreign policy. 

By living with American host families 

and participating in daily student life in 

the United States, exchange students 

gain an understanding of and 

appreciation for the similarities and 

differences between their culture and 

that of the United States. The great 

majority of exchange students who 

come to the United States to attend high 

school enjoy a positive life-changing 

experience, grow in independence and 

maturity, improve their English 

language skills, and build relationships 

with U.S. citizens. The success of this 

program is dependent on the generosity 

of the American families who support 

this program by welcoming exchange 

students into their homes. 

(b) Program sponsor eligibility. 

Eligibility for designation as a secondary 

school student exchange visitor program 

sponsor is limited to organizations: 

(1) With tax-exempt status as 

conferred by the Internal Revenue 

Service pursuant to section 501(c)(3) of 

the Internal Revenue Code; and 

(2) Which are United States citizens 

as such term is defined in § 62.2 of this 

part. 

(c) Program eligibility. Secondary 

school student exchange visitor 


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programs designated by the Department 

of State must: 

(1) Require all exchange students to 

be enrolled and participating in a full 

course of study at an accredited 

educational institution; 

(2) Allow entry of exchange students 

for not less than one academic semester 

(or quarter equivalency) and not more 

than two academic semesters (or quarter 

equivalency) duration; and 

(3) Ensure that the program is 

conducted on a U.S. academic calendar 

year basis, except for students from 

countries whose academic year is 

opposite that of the United States. 

Exchange students may begin an 

exchange program in the second 

semester of a U.S. academic year only if 

specifically permitted to do so, in 

writing, by the school in which the 

exchange student is enrolled. In all 

cases, sponsors must notify both the 

host family and school prior to the 

exchange student’s arrival in the United 

States that the placement is for either an 

academic semester, academic year, or 

for a calendar year. 

(d) Program administration. Sponsors 

must ensure that all organizational 

officers, employees, representatives, 

agents, and volunteers acting on their 

behalf: 

(1) Are adequately trained. All 

training must be applicable to the 

individual’s position within the sponsor 

organization. A Departmentadministered training program will 

include instruction designed to provide 

a comprehensive understanding of the 

Exchange Visitor Program; its public 

diplomacy objectives; and the 

Secondary School Student category 

rules and regulations. The training 

component developed by sponsors for 

local coordinators must specifically 

include, at a minimum, instruction in 

conflict resolution; procedures for 

handling and reporting emergency 

situations; awareness or knowledge of 

child safety standards; information on 

sexual conduct codes; procedures for 

handling and reporting allegations of 

sexual misconduct or any other 

allegations of abuse or neglect; the 

criteria to be used to screen potential 

host families and exercising good 

judgment when identifying what 

constitutes suitable host family 

placements. Training may be rendered 

in classroom, one-on-one, or via an 

online platform. Sponsors must 

demonstrate the individual’s successful 

completion of the training. All sponsor 

training materials must be submitted to 

the Department for review as part of the 

sponsor’s application for designation or 

redesignation. Annual refresher training 

is required. 

(2) Are adequately supervised. 

Sponsors must create and implement 

organization-specific standard operating 

procedures for the supervision of local 

coordinators designed to prevent or 

deter fraud, abuse, or misconduct in the 

performance of the duties of these 

employees/agents/volunteers. They 

must also have sufficient internal 

controls to ensure that such employees/ 

agents/volunteers comply with such 

standard operating procedures. 

(3) Have been vetted annually through 

an FBI fingerprint-based criminal 

background check, a basic name and 

Social Security number check, and a 

check of the National Sex Offender 

Registry and has accordingly received a 

‘‘green light’’ response from the Child 

Safety Pilot Program as administered by 

the National Center of Missing and 

Exploited Children (NCMEC), or its 

subsequent successor program, or as 

otherwise authorized by law; 

(4) Place no exchange student with 

his or her relatives; 

(5) Make no exchange student 

placement beyond one hour’s drive of 

the home of the local coordinator 

authorized to act on the sponsor’s behalf 

in both routine and emergency matters 

arising from that exchange student’s 

participation in the exchange visitor 

program; 

(6) Make no monetary payments to 

host families; 

(7) Provide exchange students with 

reasonable access to their natural 

parents and family by telephone and email; 

(8) Make certain that the exchange 

students’ governmental issued 

documents (i.e. passports, Forms DS– 

2019), personal computers, and 

telephones are not removed from their 

possession; 

(9) Conduct the host family 

orientation after the host family has 

been fully screened and selected; 

(10) That no organizational 

representative acts as: 

(i) Both a host family and a local 

coordinator or area supervisor for any 

exchange student participant; 

(ii) A host family for one sponsor and 

a local coordinator for another sponsor; 

or 

(iii) A local coordinator for any 

student over whom they have a position 

of trust or authority (i.e. a principal or 

teacher at a school where the student 

attends). 

(11) Maintain, at minimum, a monthly 

schedule of personal contact with the 

exchange student. The first monthly 

contact by the local coordinator to the 

exchange student must be in person. All 

other contacts may take place in person, 

on the phone, or via electronic mail and 

must be properly documented. The 

sponsor is responsible for ensuring that 

issues raised through such contacts be 

promptly and appropriately addressed. 

(12) That a sponsor representative 

other than the local coordinator who 

recruited, screened and selected the 

host family visit the exchange student/ 

host family home within the first or 

second month following the student’s 

placement in the home. 

(13) Maintain, at a minimum, a 

monthly schedule of personal contact 

with the host family. At least once 

during the fall semester and at least 

once during the spring semester, (i.e. 

twice during the academic year) the 

contact by the local coordinator with the 

host family must be in person. All other 

contacts may take place in person, on 

the phone, or via electronic mail and 

must be properly documented. The 

sponsor is responsible for ensuring the 

issues raised through such contacts be 

promptly and appropriately addressed. 

(14) That host schools are provided 

contact information for the local 

organizational representative (including 

name, direct phone number, and e-mail 

address) for the local organizational 

representative, the program sponsor, 

and the Department’s Office of 

Designation; and 

(15) Adhere to all regulatory 

provisions set forth in this Part and all 

additional terms and conditions 

governing program administration that 

the Department may impose. 

(e) Student selection. In addition to 

satisfying the requirements of § 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 


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23204 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Proposed Rules 

system that the exchange student 

participant will attend; and 

(ii) Include written arrangements 

concerning the payment of tuition or 

waiver thereof if applicable. 

(2) Under no circumstance may a 

sponsor facilitate the entry into the 

United States of an exchange student for 

whom a written school placement has 

not been secured. 

(3) Under no circumstance may a 

sponsor charge a student private school 

tuition if such arrangements are not 

finalized in writing prior to the issuance 

of Form DS–2019. 

(4) Sponsors must maintain copies of 

all written acceptances for a minimum 

of three years and make such documents 

available for Department of State 

inspection upon request. 

(5) Sponsors must provide the school 

with a translated ‘‘written English 

language summary’’ of the exchange 

student’s complete academic course 

work prior to commencement of school, 

in addition to any additional documents 

the school may require. Sponsors must 

inform the prospective host school of 

any student who has completed 

secondary school in his/her home 

country. 

(6) Sponsors may not facilitate the 

enrollment of more than five exchange 

students in one school unless the school 

itself has requested, in writing, the 

placement of more than five students 

from the sponsor. 

(7) Upon issuance of a Form DS–2019 

to a prospective participant, the sponsor 

accepts full responsibility for securing a 

school and host family placement for 

the student, except in cases of voluntary 

student withdrawal or visa denial. 

(g) Student orientation. In addition to 

the orientation requirements set forth at 

§ 62.10, all sponsors must provide 

exchange students, prior to their 

departure from the home country, with 

the following information: 

(1) A summary of all operating 

procedures, rules, and regulations 

governing student participation in the 

exchange visitor program along with a 

detailed summary of travel 

arrangements; 

(2) A copy of the Department’s 

Welcome letter to exchange students; 

(3) Age and language appropriate 

information on how to identify and 

report sexual abuse or exploitation; 

(4) A detailed profile of the host 

family with whom the exchange student 

will be placed. The profile must state 

whether the host family is either a 

permanent placement or a temporaryarrival family; 

(5) A detailed profile of the school 

and community in which the exchange 

student will be placed. The profile must 

state whether the student will pay 

tuition; and 

(6) An identification card, which lists 

the exchange student’s name, United 

States host family placement address 

and telephone numbers (landline and 

cellular), sponsor name and main office 

and emergency telephone numbers, 

name and telephone numbers (landline 

and cellular) of the local coordinator 

and area representative, the telephone 

number of Department’s Office of 

Designation, and the Secondary School 

Student program toll free emergency 

telephone number. The identification 

card must also contain the name of the 

health insurance provider and policy 

number. Such cards may be provided in 

advance of home country departure or 

immediately upon entry into the United 

States but must be corrected, reprinted 

and reissued to the student if changes in 

contact information occur due to a 

change in the student’s placement. 

(h) Student extra-curricular activities. 

Exchange students may participate in 

school sanctioned and sponsored extracurricular activities, including athletics, 

if such participation is: 

(1) Authorized by the local school 

district in which the student is enrolled; 

and 

(2) Authorized by the State authority 

responsible for determination of athletic 

eligibility, if applicable. Sponsors shall 

not knowingly be party to a placement 

(inclusive of direct placements) based 

on athletic abilities, whether initiated 

by a student, a natural or host family, 

a school, or any other interested party. 

Any placement in which either the 

student or the sending organization in 

the foreign country is party to an 

arrangement with any other party, 

including receiving school personnel, 

whereby the student will attend a 

particular school or live with a 

particular host family must be reported 

to the particular school and the National 

Federation of State High School 

Associations prior to the first day of 

classes. 

(i) Student employment. Exchange 

students may not be employed on either 

a full or part-time basis but may accept 

sporadic or intermittent employment 

such as babysitting or yard work. 

(j) Host family application and 

selection. Sponsors must adequately 

screen and select all potential host 

families and at a minimum must: 

(1) Provide potential host families 

with a detailed summary of the 

Exchange Visitor Program and of their 

requirements, obligations and 

commitment to host; 

(2) Utilize a standard application form 

developed by the sponsor. Such 

application form must be signed and 

dated at the time of application by all 

adults living in the home of a potential 

host family. The host family application 

must be designed to provide a detailed 

summary and profile of the host family, 

the physical home environment (to 

include photographs of the host family 

home’s exterior and grounds, kitchen, 

student’s bedroom, bathroom, and 

family and living areas), family 

composition, and community 

environment. Exchange students are not 

permitted to reside with their relatives. 

(3) Conduct an in-person interview 

with all family members residing in the 

home where the student will be living; 

(4) Ensure that the host family is 

capable of providing a comfortable and 

nurturing home environment and that 

the home is clean and sanitary; that the 

exchange student’s bedroom contains a 

separate bed for the student that is 

neither convertible nor inflatable in 

nature; and that the student has 

adequate storage space for clothes and 

personal belongings, reasonable access 

to bathroom facilities, study space if not 

otherwise available in the house and 

reasonable, unimpeded access to the 

outside of the house in the event of a 

fire or similar emergency. An exchange 

student may share a bedroom, but with 

no more than one other individual of 

the same sex. 

(5) Ensure that the host family has a 

good reputation and character by 

securing two personal references from 

within the community from individuals 

who are not relatives of the potential 

host families or representatives of the 

sponsor (i.e., field staff or volunteers), 

attesting to the host family’s good 

reputation and character; 

(6) Ensure that the host family has 

adequate financial resources to 

undertake hosting obligations and is not 

receiving needs-based government 

subsidies for food or housing. 

(7) Verify that each member of the 

host family household 18 years of age 

and older, as well as any new adult 

member added to the household, or any 

member of the host family household 

who will turn eighteen years of age 

during the exchange student’s stay in 

that household, has undergone an FBI 

fingerprint-based criminal history 

record information background check, a 

basic name and social security number 

check, and a check of the National Sex 

Offender Registry, and has accordingly 

received a ‘‘green light’’ response from 

the Child Safety Pilot Program as 

administered by the National Center of 

Missing and Exploited Children 

(NCMEC), or its subsequent successor 

program, or as otherwise authorized by 

law; 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Proposed Rules 23205 

(8) Maintain a record of all 

documentation on a student’s exchange 

program, including but not limited to 

application forms, background checks, 

evaluations, and interviews, for all 

selected host families for a period of 

three years following program 

completion; and 

(9) Ensure that a potential single adult 

host parent has at least one school-aged 

child living full-time in the host family 

home, a child that no longer resides in 

the host family home due to custody 

agreements but who returns to the 

family home for frequent visits, or a 

child pursuing higher-education studies 

but who returns to the family home for 

frequent visits. 

(k) Host family orientation. In 

addition to the orientation requirements 

set forth in § 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 Statepromulgated Exchange Visitor Program 

regulations and a copy of the 

Department of State letter to exchange 

student host families; 

(4) Advise all selected host families of 

strategies for cross-cultural interaction 

and conduct workshops to familiarize 

host families with cultural differences 

and practices; and 

(5) Advise host families of their 

responsibility to inform the sponsor of 

any and all material changes in the 

status of the host family or student, 

including, but not limited to, changes in 

address, finances, employment and 

criminal arrests. 

(l) Host family placement. (1) 

Sponsors must secure, prior to the 

student’s departure from his or her 

home country, a permanent or arrival 

host family placement for each 

exchange student participant. Sponsors 

may not: 

(i) Facilitate the entry into the United 

States of an exchange student for whom 

a host family placement has not been 

secured; 

(ii) Place more than one exchange 

student with a host family without the 

express prior written consent of the host 

family, the natural parents, and the 

students being placed. Under no 

circumstance may more than two 

exchange students be placed with one 

host family, or with one local 

coordinator, regional coordinator, or 

volunteer. 

(2) Prior to the student’s departure 

from his/her home country, sponsors 

must advise both the exchange student 

and host family, in writing, of the 

respective family compositions and 

backgrounds of each, whether the host 

family placement is a permanent or 

arrival placement, and facilitate and 

encourage the exchange of 

correspondence between the two. 

(3) In the event of unforeseen 

circumstances which necessitate a 

change of host family placement, the 

sponsor must document the reason(s) 

necessitating such change and provide 

the Department of State with an annual 

statistical summary reflecting the 

number and reason(s) for such change in 

host family placement in the program’s 

annual report. 

(m) Advertising and Marketing for the 

recruitment of host families.—In 

addition to the requirements set forth in 

62.9(d) in advertising and promoting for 

host family recruiting, sponsors must: 

(1) Utilize only promotional materials 

that professionally, ethically, and 

accurately reflect the sponsors purposes, 

activities, and sponsorship; 

(2) Not publicize the need for host 

families via any public media with 

announcements, notices, 

advertisements, etc. that are not 

sufficiently in advance of the exchange 

student’s arrival, appeal to public pity 

or guilt, imply in any way that an 

exchange student will be denied 

participation if a host family is not 

found immediately, or identify photos 

of individual exchange students and 

include an appeal for an immediate 

family; 

(3) Not promote or recruit for their 

programs in any way that compromises 

the privacy, safety or security of 

participants, families, or schools. 

Specifically, sponsors shall not include 

personal student data or contact 

information (including addresses, phone 

numbers or e-mail addresses) or 

photographs of the student on Web sites 

or other promotional materials; and 

(4) Ensure that access to exchange 

student photographs and personally 

identifying information on line or in 

print form are password protected and 

only made available to potential host 

families who have been fully vetted and 

selected. 

(n) Reporting requirements. Along 

with the annual report required by 

regulations set forth at § 62.15, sponsors 

must file with the Department of State 

the following information: 

(1) Sponsors must immediately report 

to the Department any incident or 

allegation involving the actual or 

alleged sexual exploitation or any other 

allegations of abuse or neglect of an 

exchange student. Sponsors must also 

report such allegations as required by 

local or State statute or regulation. 

Failure to report such incidents to the 

Department and, as required by State 

law or regulation, to local law 

enforcement authorities shall be 

grounds for the suspension and 

revocation of the sponsor’s Exchange 

Visitor Program designation. 

(2) A report of all final academic year 

and semester program participant 

placements by August 31 for the 

upcoming academic year or January 15 

for the Spring semester and calendar 

year. The report must be in the format 

directed by the Department and must 

include at a minimum, the exchange 

student’s full name, Form DS–2019 

number (SEVIS ID #), host family 

placement (current U.S. address), school 

(site of activity) address, the local 

coordinator’s name and zip code, and 

other information the Department may 

request. 

(3) A report of all situations which 

resulted in the placement of an 

exchange student with more than one 

host family or in more than one school. 

The report must be in a format directed 

by the Department and include, at a 

minimum, the exchange student’s full 

name, Form DS–2019 number (SEVIS ID 

#), host family placements (Current U.S. 

address), schools (site of activity 

addresses), the reason for the change in 

placement, and the date of the move. 

3. A new Appendix F is added to Part 

62 to read as follows: 

Appendix F to Part 62—Suggested 

Information To Be Collected on 

Secondary School Student Host Family 

Applications 

Basic Family Information 

a. Host Family Member—Full name and 

relationship (children and adults) either 

living full-time or part-time in the home or 

who frequently stay at the home). 

b. Date of Birth (DOB) of all family 

members. 

c. Street Address. 

d. Contact information (telephone; e-mail 

address) of host parents. 

e. Employment—employer name, job title, 

and point of contact for each working 

resident of the home. 

f. Is the residence the site of a functioning 

business? (e.g., daycare, farm) 

g. Description of each household member 

(e.g., level of education, profession, interests, 

community involvement, and relevant 

behavioral or other characteristics of such 

household members that could affect the 

successful integration of the exchange visitor 

into the household). 

h. Has any member of your household been 

charged with any crime? 

Household Pets 

a. Type of Pets. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
23206 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Proposed Rules 

b. Number of Pets. 

Financial Resources 

a. Average Annual Income Range: Less 

than $25,000; $25,000–$35,000; $35,000– 

$45,000; $45,000–$55,000; $55,000–$65,000; 

$65,000–$75,000; and $75,000 and above. 

b. Describe if anyone residing in the home 

receives any kind of public assistance 

(financial needs-based government subsidies 

for food or housing). 

c. Identify those personal expenses 

expected to be covered by the student. 

Diet 

a. Does anyone in the family follow any 

dietary restrictions? (Y/N) 

If yes, describe: 

b. Do you expect the student to follow any 

dietary restrictions? (Y/N) 

If yes, describe: 

c. Would you feel comfortable hosting a 

student who follows a particular dietary 

restriction (ex. Vegetarian, Vegan, etc.)? (Y/N) 

d. Would the family provide three (3) 

square meals daily? 

High School Information 

a. Name and address of school (private or 

public school). 

b. Name, address, e-mail and telephone 

number of school official. 

c. Approximate size of the school student 

body. 

d. Approximate distance between the 

school and your home. 

e. Approximate start date of the school 

year. 

f. How will the exchange student get to the 

school (e.g. bus, carpool, walk)? 

g. Would the family provide special 

transportation for extracurricular activities 

after school or in the evenings, if required? 

h. Which, if any, of your family’s children, 

presently attend the school in which the 

exchange visitor is enrolled? 

If applicable list sports/clubs/activities, if 

any, your child(ren) participate(s) in at the 

school. 

i. Does any member of your household 

work for the high school in a coaching/ 

teaching/or administrative capacity? 

j. Has any member of your household had 

contact with a coach regarding the hosting of 

an exchange student with particular athletic 

ability? 

If yes, please describe the contact and 

sport. 

Community Information 

a. In what type of community do you live 

(e.g.: Urban, Suburban, Rural, Farm). 

b. Population of community. 

c. Nearest Major City (Distance and 

population). 

d. Nearest Airport (Distance). 

e. City or town Web site. 

f. Briefly describe your neighborhood and 

community. 

g. What points of interest are near your 

area (parks, museums, historical sites)? 

h. Areas in or near neighborhood to be 

avoided? 

Home Description 

a. Describe your type of home (e.g., single 

family home, condominium, duplex, 

apartment, mobile home) and include 

photographs of the host family home’s 

exterior and grounds, kitchen, student’s 

bedroom, student’s bathroom, and family and 

living areas. 

b. Describe Primary Rooms and Bedrooms. 

c. Number of Bathrooms. 

d. Will the exchange student share a 

bedroom? (Y/N) 

If yes, with which household resident? 

e. Describe the student’s bedroom. 

f. Describe amenities that student has 

access to. 

g. Utilities. 

Family Activities 

a. Language spoken in home. 

b. Please describe activities and/or sports 

each family members participate in: 

(e.g., camping, hiking, dance, crafts, 

debate, drama, art, music, reading, soccer, 

baseball, horseback riding). 

c. Describe your expectations regarding the 

responsibilities and behavior of the student 

while in your home (e.g., homework, 

household chores, curfew (school night and 

weekend), access to refrigerator and food, 

drinking of alcoholic beverages, driving, 

smoking, computer/Internet/E-Mail). 

d. Would you be willing voluntarily to 

inform the exchange visitor in advance of any 

religious affiliations of household members? 

(Y/N) 

e. Would any member of the household 

have difficulty hosting a student whose 

religious beliefs were different from their 

own? (Y/N) Note: A host family may want the 

exchange visitor to attend one or more 

religious services or programs with the 

family. The exchange visitor cannot be 

required to do so, but may decide to 

experience this facet of U.S. culture at his or 

her discretion. 

f. How did you learn about being a host 

family? 

Dated: April 26, 2010. 

Stanley S. Colvin, 

Deputy Assistant Secretary for Private Sector 

Exchange, Bureau of Educational and 

Cultural Affairs, U.S. Department of State. 

[FR Doc. 2010–10168 Filed 4–30–10; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0020] 

RIN 1625–AA00 

Safety Zone; AVI September Fireworks 

Display, Laughlin, NV 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

safety zone on the navigable waters of 

the lower Colorado River, Laughlin, NV, 

in support of a fireworks display near 

the AVI Resort and Casino. This safety 

zone is necessary to provide for the 

safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 2, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0020 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Petty Officer Corey 

McDonald, Waterways Management, 

U.S. Coast Guard Sector San Diego, 

Coast Guard; telephone 619–278–7262, 

e-mail Corey.R.McDonald@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0020), 


emcdonald on DSK2BSOYB1PROD with PROPOSALS