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DEPARTMENT OF STATE 1400–AD14 or docket number DOS– effective mechanism for establishing 2016–0034. cross-cultural communication and 22 CFR Part 62 • Mail (paper or CD–ROM contributing to English language [Public Notice: 9522] submissions): U.S. Department of State, proficiency globally. The program Office of Policy and Program Support, represents the largest Department RIN 1400–AD14 SA–5, Floor 5, 2200 C Street NW., exchange opportunity for young adults; Washington, DC 20522–0505. most exchange visitors are between the Exchange Visitor Program—Summer • All comments should include the ages of 18 and 30. The program reaches Work Travel commenter’s name, the organization the diverse exchange audiences, including AGENCY: Department of State. commenter represents, if applicable, those from non-traditional sending and the commenter’s address. If the ACTION: Proposed rule. countries and cities and towns outside Department is unable to receive or national capitals. Such characteristics SUMMARY: The U.S. Department of State understand your comment for any make the program important to the (Department) proposes to amend reason, and cannot contact you for United States because people-to-people existing regulations to provide new clarification, the Department may not be exchanges, and especially exchanges for program requirements for the Summer able to consider your comment. After young adults, are one of the most Work Travel category of the Exchange the conclusion of the comment period, effective ways the U.S. forges ties with Visitor Program. This rulemaking the Department will publish a final rule other nations. strategy is informed by the Department’s (in which it will address relevant The decision for exchange visitors to comprehensive and ongoing review of comments) as expeditiously as possible. participate in the Summer Work Travel the Summer Work Travel program that FOR FURTHER INFORMATION CONTACT: Keri program is a significant one involving began in mid-2010. Lowry, Deputy Assistant Secretary of an adventurous spirit, since exchange With this proposed rulemaking, the State, Office of Private Sector Exchange, visitors must live and work in a Department proposes to: Specify general Bureau of Educational and Cultural potentially unfamiliar environment in program administration requirements Affairs, U.S. Department of State, SA–5, the United States. The decision also for sponsors and their third parties; Floor 5, 2200 C Street NW., Washington, involves a significant investment of time enhance transparency in the recruitment DC 20522–0505; Email: JExchanges@ and money on the part of these of exchange visitors; limit exchange state.gov. exchange visitors. It is, therefore, visitor repeat participation to a total of essential that sponsors—and host SUPPLEMENTARY INFORMATION: For the entities and third parties working with three visits; require all exchange visitors past fifty years, the Summer Work to be placed in advance of the exchange sponsors—take all necessary steps to Travel program has served as one of the ensure that every exchange visitor visitor’s arrival in the United States; most popular exchange opportunities outline additional sponsor enjoys a safe, rewarding, enjoyable, and for foreign post-secondary school memorable U.S. exchange experience. responsibilities for use and vetting of students to visit and learn about the host entities; and specify host entity Sponsors and host entities play vital United States. It is also one of the roles in the success of the program. This requirements for program participation. Department’s largest avenues to In addition, the proposed rule limits proposed rulemaking is intended to influence the opinion and attitudes of promulgate new minimum standards, the number of late night and early foreign post-secondary students toward morning hours during which exchange clearly articulate program requirements, the United States through people-to- and advance consistency throughout the visitors may work; adds a section people diplomacy. The program also program. regulating placements in door-to-door helps these students improve their The Department’s insight from its sales; explains new processes for English language proficiency. In 2015, monitoring role, as well as from exchange visitor housing; and the Summer Work Travel Program complaints, incidents, and lessons introduces Form DS–7007 (Host provided students from approximately learned, informs the contents of this Placement Certification). The proposed 125 countries the opportunity to earn rulemaking. The Department has rule also specifies more exactly pre- money to help defray some expenses of interviewed thousands of exchange departure orientation and a short stay in the United States by visitors and host entities taking part in documentation requirements, including working in seasonal or temporary host the SWT program and interacts with respect to bicycle safety; ensures placements that require minimal regularly with program sponsors. The that sponsors and host entities provide training. proposed rule’s provisions are intended exchange visitors with cross-cultural The Summer Work Travel program to improve the program as, first and activities; and outlines processes for links university students from every foremost, a cultural exchange and sponsor use and vetting of domestic and region of the world to the people of the public diplomacy program of the foreign third parties. United States. In the past decade alone, highest quality. As a private sector DATES: The Department of State will approximately one million foreign post- exchange model, the program’s success accept comments on this proposed rule secondary school students have visited is based on creating standards of until February 27, 2017. the United States, improved their practice common across all sponsors. In ADDRESSES: You may submit comments English language skills, developed ties many cases, the proposed requirements by any of the following methods: with U.S. persons, and experienced U.S. are actions already being taken by some • Email: [email protected]. You culture while sharing their own cultures sponsors. In others, the Department must include the Regulatory with those they meet. They have views the requirement as essential to Information Number (RIN) 1400–AD14 returned to their home countries and, protect the program and/or the exchange in the subject line of your message. after graduation, have begun careers in visitor. • Persons with access to the Internet nearly every field. They remain lifelong As a public diplomacy program, also may view this notice and provide ambassadors between their home exchange visitors’ successful experience comments by going to the countries and the United States. with this program will create lifelong regulations.gov Web site at: http:// The Department views Summer Work ambassadors of goodwill between the www.regulations.gov/and search the RIN Travel as an important and uniquely United States and other countries. As

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such, the quality of the program for the they recruit so that they come to the responded to emerging program issues exchange visitor is the essential goal. In United States already understanding the requiring monitoring and enforcement. addition, placement at a host entity underlying cross-cultural purpose of the Comments received in response to the permits exchange visitors of all means program; their responsibility to fulfill 2012 IFR are addressed below. The 2012 to know their host communities, engage their program obligations as defined IFR strengthened protections for in cross-cultural activities, and travel. through the Exchange Visitor Program exchange visitors and reemphasized the Such exchange visitors also are regulations by the Department and by cross-cultural component of the provided the opportunity to gain work the rules set by their sponsor; the program, consistent with the and English language skills and interact necessity for them to abide by U.S. laws requirements of the Mutual Educational with Americans in the workplace. during their programs; and also their and Cultural Exchange Act of 1961, as Sponsors must ensure that all parties responsibilities toward their hosts, co- amended (Pub. L. 87–256) (22 U.S.C. involved in this exchange commit to its workers, and local U.S. community. 2451, et seq.) (Fulbright-Hays Act), and success. Exchange visitors who have an 22 CFR 62.8(d). First, sponsors must provide exchange enjoyable and productive experience The Department received comments visitors with clear, easy-to-read through the program become on the 2012 IFR from 171 parties, orientation materials and transparent ambassadors of goodwill and including: 102 former exchange visitors information on fees, costs, program understanding between their countries previously hosted in mobile concession requirements, and wages; place and the United States. businesses; 21 leaders of different local, exchange visitors with only those host In order to strengthen the Summer county, and state fairs; ten organizations entities that commit to advance the Work Travel program, the Department representing and/or advocating for foreign policy and cultural exchange reviewed its implementation of the trafficking victims, low- to-middle- goals of the program; orient host entities program beginning in mid-2010. income, migrant and guest workers, to inform them fully about the program; Between 2010 and 2012, the Department unions, and/or civil rights; nine mobile place exchange visitors only with identified a number of regulatory concession business owners that have suitable and permissible host entities changes needed to better protect the employed exchange visitors; eight that provide appropriate compensation; health, safety, and welfare of exchange businesses associated with the mobile ensure that exchange visitors have easy visitors, enhance the program’s cross- amusement industry; seven trade and convenient access to necessary cultural component, and strengthen associations representing the mobile amenities such as grocery stores, post overall program administration. The amusement industry and/or mobile offices, and public transportation; Department published an interim final concessionaires; one trade association monitor exchange visitors regularly as rule (IFR) with a request for comment representing seafood processors; a required; update exchange visitor site- on April 26, 2011 (RIN 1400–AC79; see membership association of many of the of-activity information in the Student 76 FR 23177) (2011 IFR). Then, after largest international educational and and Exchange Visitor Information further monitoring program cultural exchange organizations in the System (SEVIS) promptly as required; implementation, the Department United States; eight Department- and provide and facilitate cross-cultural published an IFR with a request for designated Summer Work Travel activities for all exchange visitors. In comment on May 11, 2012 (RIN 1400– program sponsors; two private U.S. addition, sponsors must carefully vet AD14); see 77 FR 27593) (2012 IFR). persons; one foreign entity working with and monitor the activities of their This rule addressed public comments sponsors; and a commercial printing domestic and third party organizations. submitted to the 2011 IFR and became business that has hosted exchange Second, sponsors must ensure that the effective immediately, with the visitors. host entities they select contribute to the exception of one provision regarding The Department received public program’s stated goals and know about prohibited placements, which became comment on the following 2012 IFR and agree to their role as part of a U.S. effective on November 2, 2012 (see also provisions, all in 22 CFR part 62: public diplomacy program. This 77 FR 31724). Program dates. The 2012 IFR and its includes requiring that host entities In promulgating this and previous Supplementary section indicated that ensure the exchange visitor’s quality of rulemakings, the Department continues the Department determines the program experience in the United States and to advance a comprehensive rulemaking dates for each country (see § 62.32(c)). protect the exchange visitor’s health, strategy to: (i) Protect the health, safety, The Department establishes country- safety, and welfare. Sponsors must place and welfare of exchange visitors on this specific program start and end dates exchange visitors with those host important program; (ii) respond to according to the academic year calendar entities that respect the benefits and issues identified during monitoring and of each country’s ministerially- obligations the program places on ongoing oversight; (iii) articulate recognized post-secondary institutions exchange visitors. In addition, sponsors consistent and robust minimum and may modify them as necessary. The must place exchange visitors at host standards for program administration; Department received three comments, entities that provide an experience (iv) prioritize the quality of the all of which proposed that the where exchange visitors have significant exchange visitor experience; and (v) Department continue to be open to contact with U.S. colleagues, fortify the program’s purpose as an amendments to program start and end supervisors, and customers, gain new important U.S. public diplomacy tool. dates. One commenting party suggested skills, and increase their English that the Department establish bi-annual language proficiency through regular Analysis of Comments Received on the reviews of the calendar for summer and use in their placements. Exchange 2012 IFR winter placements. visitor host placement schedules should The Department reviewed, analyzed, The Department currently conducts a accommodate reasonable time outside of and fully considered the comments regular review of country-specific working hours for exchange visitors to submitted for both the 2011 and 2012 program start- and end-dates and spend time with friends, tour the local IFRs. Comments received in response to believes that this review addresses these area, and practice English. the 2011 IFR were analyzed and comments by allowing sufficiently for And third, sponsors must set addressed in the 2012 IFR (see 77 FR amendment of program dates. The expectations for the exchange visitors 27598–27600, 27602–27604), which Department is always open to hearing

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from sponsors, participants, and other Exchange Visitor Program regulations the requirement and respond to sponsor members of the public about how and sponsors’ rules governing the inquiries since publication of the 2012 country-specific program dates affect program. Exchange visitors are assigned IFR about what was an adequate amount Summer Work Travel program by their sponsors to report to their of cross-cultural programming. The participants. initial assignment on the date they are Department will continue to work with Termination of programs of expected to report and then have ten sponsors to facilitate successful unresponsive exchange visitors. The days to notify their sponsor that they implementation of cross-cultural 2012 IFR (see § 62.32(e)(9)) required have arrived. In addition, exchange programming requirements, including sponsors to provide exchange visitors visitors have this same period of time to by issuing guidance outlining best with information explaining that notify their sponsor to update their practices. sponsors will terminate the programs of contact information each time they Since the 2012 IFR went into effect, participants who fail to comply with undergo a host entity or housing change, many sponsors (approximately 42 enumerated program regulations (e.g., which the Department believes is a percent according to Department reporting their arrivals, reporting sufficient time-period for such records) have already put policies in changes of residence, not starting work notification. This provision has not place to implement, either directly or at un-vetted jobs, responding to sponsor changed in this proposed rule. through host entities, cross-cultural monthly outreach/monitoring efforts). Cross-cultural component. The 2012 activities for exchange visitors. The Department explained in the IFR required that sponsors plan, Organizing a cross-cultural activity for Supplementary section of that initialize, and carry out events or other exchange visitors is not especially rulemaking that sponsors should activities that provide exchange visitors complex; there are many possible terminate the programs of exchange exposure to U.S. culture (§ 62.32(f); see activities that can make use of local visitors who do not report their arrival also § 62.8(d)). The Department received resources and community events and in the United States within ten days. nine comments, four of which disagreed that are not especially costly. Some The Department received six comments, with this provision. Two commenting examples organized by either sponsors five of which disagreed with this parties supported this new requirement, or host entities over the last year of the provision as overly punitive. They but recommended that the Department Summer Work Travel program are noted explained that most exchange visitors provide for a two-year unofficial pilot under point 16 of the proposed rule are at an age where it is common not to period of the cross-cultural component discussion below. follow administrative rules carefully, to test ways sponsors can most 72-hour deadline for vetting host that exchange visitors sometimes face effectively provide and facilitate these placements. The 2012 IFR required that difficulties in contacting sponsors upon cross-cultural experiences. Other sponsors confirm initial host arrival, and that port of entry commenters disagreed with or placements and re-placements for all information is unreliable if an exchange expressed reservations about the cross- exchange visitors before exchange visitor arrives before his/her program cultural component requirement, stating visitors could start work by verifying, at start date, rendering consistent that the Department failed to take into a minimum, the terms and conditions of enforcement of this provision account the natural cross-cultural such employment and fully vetting their impossible. One sponsor suggested that exchange of day-to-day work life and host entities as set forth at § 62.32(g)(2). exchange visitors should be terminated interactions provided by the Summer If an exchange visitor in in the United only after they demonstrate a pattern of Work Travel program. In contrast, States finds his or her own host re- uncommunicativeness. another party commented that this placement, sponsors must vet that host The Department does not agree with provision is critical to protecting the re-placement within 72-hours. The these comments. In order for sponsors to exchange visitors and the integrity of Department received nine comments, all ensure that an exchange visitor is the Summer Work Travel program. in opposition to the 72-hour deadline, physically located at the site of program Another commenter agreed with the which they viewed as unrealistic. placement, as is required by the addition of a cross-cultural component, Commenters explained that host re- Department of Homeland Security, and but contended that the cross-cultural placement vetting is a time-consuming in order that sponsors may monitor the requirement is so vaguely defined as to and multi-step process, and it is health, safety, and welfare of that be meaningless. particularly challenging when the 72- exchange visitor at the placement site, The Department maintains its strong hour timeframe falls over a weekend sponsors must know that the exchange belief that an organized cross-cultural when host entities are difficult to visitor is indeed present there. This component is necessary for the contact and sponsor staff is not available requires the exchange visitor to report fulfillment of the Summer Work Travel to carry out all required steps of proper his or her arrival, as well as any category’s purpose as a cultural and vetting; they proposed changing the subsequent sites of activity, for example, educational exchange and U.S. public deadline to three business days. if the exchange visitor changes host diplomacy program. Following the The Department agrees to propose a entities. publication of the 2012 IFR, the change to the vetting deadline to three Sponsors can enhance the timeliness Department provided all sponsors with business days, as provided in proposed of exchange visitor reporting by giving a guide to cross-cultural programming, paragraph § 62.32(h)(1). Sponsors have them an effective pre-arrival orientation and the Department has consistently systems in place for vetting host about the necessity of and usable sought and highlighted examples of entities, and the Department believes methods for reporting U.S arrival to successful cross-cultural programming that three days are sufficient for the their sponsor. Sponsors must explain to to share with the sponsor community. sponsor to check a host entity’s location exchange visitors as part of their The Department requires sponsors and and suitability and conduct a orientation that site of activity their host entities to create background check on that entity, so that notification in SEVIS is a Department of opportunities to provide cross-cultural the exchange visitor can begin his or her Homeland Security requirement and programming for exchange visitors. In new placement as soon as possible that the sponsor is also authorized the proposed rule, this requirement has thereafter. under § 62.40(a)(3) to terminate been set at a minimum of once per Housing and transportation. The 2012 exchange visitors who violate the month in order to more clearly define IFR required that sponsors actively and

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immediately assist exchange visitors obligated to fund, such housing and Exclusion of host placements deemed with arranging appropriate housing and local transportation as part of the hazardous to youth. The 2012 IFR identifying appropriate local placement selection. Sponsors placing prohibited positions and activities transportation when host entities do not exchange visitors in remote national declared hazardous to youth by the U.S. offer housing and local transportation park, summer camp, or resort locations Secretary of Labor (§ 62.32(h)(9)). The (see § 62.32(g)(9)(i)), or when exchange must document the host entity’s written Department received five comments, visitors decide to ask for assistance after arrangement for transportation for those two of which disagreed with this initially declining host entity-provided exchange visitors during their off hours prohibition. One commenter disagreed housing. The Department received four and in case of emergency. At times, with the prohibition of such host comments from sponsors on the topic of exchange visitors will identify housing placements because the Secretary of housing. Some sought clarification on themselves. Sponsors must verify that Labor’s list is intended for minors, what specific measures the Department any housing option selected is safe, while the majority of exchange visitors intends with regard to sponsors’ affordable, and otherwise appropriate, on the Summer Work Travel program assisting exchange visitors with their including from a local transportation are not minors. While a second housing, while others questioned the perspective. commenter generally disagreed with feasibility of sponsors’ providing an The Department proposes a number of these exclusions, three other additional level of housing assistance. changes to better ensure access to commenters stated that the Secretary’s One commenter expressed support for appropriate housing and local list provides a useful guide for sponsors the requirement that sponsors assist transportation, as set forth in proposed in making appropriate placements. A exchange visitors to ensure appropriate paragraph 62.32(l) and discussed later commenter also noted that the housing and suitable local in this section. Department should not bar host transportation. However, others Expansion of excluded host placements in which exchange visitors disagreed. One commenting party placements. The 2012 IFR expanded the conduct hair braiding and henna explained that sponsor assistance program exclusion list of host tattooing, activities generally not seen as should be limited in scope to informing placements (see § 62.32(h)) by adding to dangerous but that are incidental to exchange visitors of their rights, that list host placements that raise some summer host placements. explaining types of housing and local concerns for the health, safety, and One of the primary goals of the 2012 transportation, reasonably investigating welfare of exchange visitors and the IFR was to mitigate risks to the health, allegations of unsafe or inadequate integrity of the Summer Work Travel safety and welfare of exchange visitors. housing, and offering additional program, and that generally cannot meet The Department believes that, regardless assistance and guidance as appropriate. the cross-cultural exchange requirement of the fact that most exchange visitors Other commenters worried about (see, for example, proposed paragraph are not minors, the Secretary of Labor’s increased costs if sponsors are required 62.32(o)). Comments on specific list provides a sensible, easy-to-use to provide exchange visitors with prohibitions follow: directory of host placements that are suitable housing. Some noted that Exclusion of host placements potentially dangerous and are thus sponsors may have to put down requiring driver’s licenses. The 2012 IFR inappropriate for post-secondary deposits to secure housing even before excluded positions that require driving students working in the United States knowing whether exchange visitors or operating vehicles for which driver’s on a cultural and educational exchange have received visas. Still other licenses are required (§ 62.32(h)(5)). The program. Proposed paragraph commenters stated that exchange Department received 11 comments, 62.32(k)(13) continues to refer to the visitors are not minors and may seven of which disagreed with this Secretary of Labor’s list at 29 CFR part willingly choose substandard housing to prohibition. Some commenters 570 (http://www.ecfr.gov/cgi-bin/text- save money unless the Department understood the prohibition of driving- idx?tpl=/ecfrbrowse/Title29/29cfr570_ imposes penalties on exchange visitors intensive host placements, but did not main_02.tpl), and puts in place who choose to do so. believe it necessary to exclude host additional prohibited positions to those The Department continues to respond placements that require occasional specified in the 2012 Summer Work to serious concerns about housing and driving on non-public roads or host Travel program interim final rule. local transportation. The Department placements that incidentally require Exclusion of placements with maintains that a placement is exchange visitors to drive, such as traveling fairs and itinerant appropriate only if it includes safe and positions as bellhops and valet parking concessionaires. The 2012 IFR affordable housing accommodation, as attendants. prohibited placements in positions with well as readily available local In the Department’s view, prohibiting traveling fairs and itinerant transportation. Host entities are a exchange visitors, on behalf of their host concessionaires (§ 62.32(w)(14)). Host resource for identifying both housing entity, from driving or operating placements in the mobile amusement and local transportation options. Due to vehicles on public roads for which a and mobile concession industries are the reality that poor housing and lack of driver’s license is required, however overly burdensome to monitor, and local transportation may prove incidental this driving activity may be, have, in specific instances, created disastrous to an exchange visitor’s helps mitigate the risk to the health, unacceptably high risks to the health, experience or well-being, sponsors must safety and welfare of the exchange safety, and welfare of exchange visitors, only approve placements for exchange visitors. Moreover, should an exchange largely as a consequence of the mobile visitors that include an identification of visitor collide with another driver or a nature of the worksite. The Department safe and affordable housing that is pedestrian while driving or be hit by received 151 comments, 147 of which within reasonable distance from the another vehicle on a public road, the disagreed with this prohibition. exchange visitor’s host entity(ies), in a exchange visitor may become involved Comments in opposition were location that is neither isolated nor with insurance companies and/or law submitted by: 102 former exchange difficult to access, and in reasonable enforcement, leading to potentially visitors employed by mobile proximity to commercial infrastructure serious consequences for the exchange concessionaires; 21 heads of different and necessities. Sponsors or their host visitor. (See proposed paragraph local, county and state fairs; eight entities must identify, but are not 62.32(k)(10)). businesses associated with the mobile

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amusement industry; seven inadvertently omitted in the 2011 IFR (§ 62.32(n)(3)(iii)); and (3) do not have organizations representing the mobile that mandates exchange visitor workers on lockout or on strike amusement industry and/or mobile compensation at the highest of the (§ 62.32(n)(3)(iii)). The Department concessionaires; and nine mobile applicable federal, state, or local received eight comments, all of which concession business owners. minimum wage (see § 62.32(i)(1) and agree with the new provisions or call for Commenters argued that the proposed paragraph 62.32(f)(6)(i)). The further protections for U.S. workers. prohibition of host placements in an Department received five comments One commenting party proposed entire industry because of the actions of urging further protections to ensure requiring a Department of Labor- a few businesses within that industry is adequate exchange visitor certified prevailing wage that protects unfair; that the traveling nature of such compensation. Three commenters U.S. workers from the depressive effects host placements provides excellent expressed concern that the language as of foreign labor. cross-cultural experiences; that modern written does not explicitly guarantee The Department agrees with the need technology and the submittal of the compensation equal to federal, state, or to have exchange visitors’ compensation businesses’ itineraries make it possible local wages in host placements exempt and benefits be commensurate with for exchange visitors to be accurately from minimum wage requirements in those offered to their U.S. counterparts tracked in SEVIS; that fairs’ charitable, the Fair Labor Standards Act (FLSA) of doing the same or similar work in the technological and agricultural 1938. Two commenting parties stated same work setting and having similar contributions depend on mobile that, unless sponsors are actually qualifications and experience (and that concessionaires and that this penalized for placing exchange visitors exchange visitors should receive the relationship could be damaged by the with host entities that fail to provide same compensation and benefits as provisions of the 2012 IFR; and that the exchange visitors with sufficient pay, no those on another class of nonimmigrant timing of the 2012 IFR’s effective date additional compensation rules will be visa if they are doing the same or similar was unnecessarily and unacceptably effective. In addition, the Department work in the same work setting and have disruptive. Commenters also argued that received two comments suggesting that similar qualifications and experience), every host placement comes with risks, exchange visitor wage levels be set at as well as providing for greater and that the 2012 IFR’s prohibitions the same level that U.S. persons receive transparency in wages and work-related were overreactions to negative press. for doing the same work. costs. See changes set forth in proposed The Department respectfully disagrees The Department wishes to ensure that paragraph 62.32(f)(6)(i) and (ii). with these comments. The purpose of exchange visitors on the Summer Work Proposed Changes the Exchange Visitor Program, including Travel program will be able to meet the the Summer Work Travel category, is financial obligations they incur as part The Department has worked to engage not to satisfy the labor needs of any of their exchange experience. The Summer Work Travel stakeholders, industry. The Department also has Department proposes to retain the listening to their views about program received and cannot ignore serious requirement from the 2012 IFR, with improvement and considering their complaints about substandard housing slight editorial changes. Proposed comments in drafting this proposed and other related inadequacies paragraph 62.32(m)(1)(i) requires that rule. The Department was represented at associated with almost all host sponsors must inform exchange visitors annual international conferences placements in the mobile amusement of federal, state, and local minimum attended by a large number of sponsors and mobile concession industries. In wage requirements, and proposed and foreign partners throughout the addition, placement in these industries paragraph 62.32(f)(6)(i)-(ii) requires that, 2012–2016 period. It hosted sponsor entails frequent address changes that in their host placement(s), exchange conference calls in June and August require exchange visitors and their visitors receive pay and benefits 2012, and again in January 2013 and sponsors to update SEVIS records commensurate with those offered to May 2014, for all Summer Work Travel frequently to ensure accuracy and their U.S. counterparts and/or those on program sponsors to discuss program maintain compliance with both another class of nonimmigrant visa, as administration improvements, best Department of State and Department of applicable, doing the same or similar practices, host and housing placement Homeland Security regulations. Many work in the same work setting, and not concerns, and the Department’s notional sponsors’ demonstrated lack of less than the federal, state, or local timeline of this proposed rulemaking. compliance with these SEVIS reporting minimum wage, whichever is highest, The Department held two dialogue requirements added to the Department’s for all hours worked (including meetings for Summer Work Travel determination that these placements overtime) in conformance with federal, sponsors in late summer and in early pose a sufficiently high risk to the state, and local laws, including the Fair fall 2013, and another dialogue session health, safety, and welfare of exchange Labor Standards Act. Host entities may in fall 2015. visitors. Finally, if a sponsor does not reasonably offer an exchange visitor Furthermore, the Department has know where an exchange visitor is wages commensurate with those of a observed a great variety of Summer residing, security risks arise for both the qualified, experienced, or fully Work Travel placements through a exchange visitor and the general public. competent U.S. worker or worker on monitoring program that it instituted in A prohibition is, therefore, appropriate another visa class, only after 2012. Throughout summer 2012, the (see proposed paragraph 62.32(k)(17)). considering the experience, education, Department conducted 650 Summer The Department does not propose and skill requirements of the position. Work Travel site visits in 31 U.S. states. substantial changes to this section in Additional protections for U.S. In summer 2013, the Department visited response to comments. It proposes only workers. The 2012 IFR introduced new 667 sites in 32 states. In summer 2014, to change the term to identify this protections for U.S. workers by the Department visited 676 sites in 33 industry as ‘‘traveling fairs and itinerant requiring sponsors to confirm that host states. In 2015, the Department visited concessionaires,’’ rather than ‘‘mobile entities of exchange visitors: (1) Do not 985 sites in 42 states and the District of amusement or mobile concessionaire displace U.S. workers at the worksite in Columbia. In summer 2016, the industries.’’ which exchange visitors are placed Department visited sites of activity Exchange visitor compensation. The (§ 62.32(n)(3)(ii)); (2) have not hosting 1,246 Summer Work Travel 2012 IFR reinserted language experienced layoffs in the past 120 days participants in 36 states. Program

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monitoring through site visits includes foreign third party. A sponsor may engagement with young adults, the interviewing exchange visitors and conduct a post-arrival orientation Department is particularly mindful of visiting their host placement sites and directly and/or through the host entity. sponsor or foreign third party marketing housing. In addition, in August 2013, Sponsors should encourage their host and promotional efforts that the Department sent surveys directly to entities to provide exchange visitors inaccurately characterize the program as some 15,000 exchange visitors in the with a post-arrival local orientation in solely one with a work component. This Summer Work Travel program in order order to acquaint exchange visitors with program is an international cultural and to learn about exchange visitor resources, financial institutions, educational exchange program, not a perspectives on their program and possible cross-cultural activities, program to recruit aliens to work in U.S. received nearly 4,000 responses, for a 25 evacuation and other safety procedures, businesses. The success of this program percent response rate. The Department and so forth, in their specific host derives from exchange visitors’ has made a determined effort to community. acquiring cross-cultural knowledge, catalogue program successes, and in The use of third parties may serve as gaining English language skills, and 2014 and 2015 publicly highlighted an important benefit to a program; making ties that benefit the United these success stories. Observations from however, it represents some risk to States and the countries to which they site visits, the study of best practices, sponsors, who are responsible for the return after their exchange. In order to and the Department’s robust interaction actions of their third parties. A sponsor create consistency and appropriate with sponsors contributed directly to may use foreign third parties for industry practice, the Department has the content of this proposed rulemaking. recruitment, initial identification of host included a requirement in proposed The Department invites public entities, and overseas orientation of paragraph 62.32(d)(8) that would ensure comment on the proposed regulatory exchange visitors. A sponsor may use sponsors promote the Summer Work changes set forth below. Provisions of domestic third parties for initial Travel program as a cultural and the proposed regulation have been identification of host entities, educational program and recruit organized to follow the general implementation of cross-cultural applicants and host entities sequence of administering the Summer activities for exchange visitors, appropriately. Sponsors must cooperate Work Travel program. In your response, providing a local point of contact or only with foreign third parties that please number comments to coincide local orientation for exchange visitors, abide by this requirement through both with the following topics: providing housing assistance, and their communications with, and the 1. Definitions. The Department offering transportation options for marketing materials they distribute to, includes in proposed paragraph 62.32(b) exchange visitors. potential exchange visitors abroad. definitions of ‘‘host entity,’’ ‘‘host A host entity (i.e., where exchange placement,’’ ‘‘seasonal nature,’’ and visitors are placed) is not considered to In addition, in the proposed rule, the ‘‘temporary nature.’’ These definitions be a domestic third party. There are Department addresses recurring issues provide clarity in areas important to the separate regulatory requirements that regarding the lack of transparency in Summer Work Travel program that are apply to a sponsor’s selection of and program costs, including fees charged to in common use by the Department and relationship with host entities. exchange visitors by sponsors, foreign the sponsor community, but which, up The Department reminds sponsors and domestic third parties, and host until now, have not been defined. The that third parties that work with entities, deductions from wages, and Department in this rulemaking seeks to sponsors in administering the program other program-related costs. The define these terms narrowly in terms of are always deemed to be acting on that General Provisions (Subpart A) of 22 their application only to the Summer sponsor’s behalf when conducting CFR part 62 create an initial Work Travel category of exchange. aspects of the sponsor’s exchange visitor requirement regarding fee transparency 2. General sponsor responsibilities. program, and their actions are imputed for the Exchange Visitor Program in Due to the variations in sponsor to the sponsor as set forth in § 62.2 general (as set forth in § 62.9(d)), and program administration, particularly (Definitions; Third party) and as the Department proposes to create with respect to relationships with third provided in proposed paragraph additional administrative requirements parties, the Department delineates in 62.32(d)(5). Sponsors must ensure that for the Summer Work Travel category. proposed paragraph 62.32(d) a sponsor’s any fees they or their third parties Exchange visitors recruited into the general program responsibilities and charge are legal. For example, fees that program must be made aware, at the those responsibilities it is permitted to sponsors charge to provide program time of their recruitment, what fees are delegate to its foreign and domestic services to participants, such as charged by sponsors and any third party third parties. Sponsors are directly application fees or related document organizations with which sponsors work responsible for screening; making the translation fees to prove program and estimated other costs the exchange final selection of exchange visitors; eligibility as a student or a very recent visitor will likely incur. Proposed placing and re-placing exchange student, would be permitted. But any paragraph 62.32(d)(9), therefore, would visitors; issuing Forms DS–7007 and fees that require an exchange visitor to require each sponsor to include in its DS–2019; orienting host entities; remit a portion of his or her earnings in recruiting material, and post on its main finding, approving and verifying the United States to overseas private Web site (e.g., with a visible link to such exchange visitor housing; and entities are not permitted. Sponsors a page on the sponsor’s homepage), conducting monitoring of exchange must ensure that fees be clearly examples of the typical monthly budgets visitors and their host placements disclosed and that they and their third of exchange visitors placed in various within the United States. These parties document all aspects of their regions of the United States to illustrate activities must be done by employees of administration of the exchange visitor wages (based on the required weekly the sponsor. In addition, the sponsor program, retaining this documentation minimum of 32-hours of work at a must make provision for pre-departure on file for three years. typical host placement) balanced against and post-arrival orientations in 3. Exchange visitor recruitment. itemized fees and estimated costs. accordance with § 62.10(b) and (c). A Because the Department of State Providing exchange visitors with such sponsor may conduct a pre-arrival authorizes this program for the purposes information better ensures that they orientation directly and/or through a of public diplomacy and global fully understand the financial

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obligations they assume when choosing is interested in maximizing the number and use of English language during the to participate in the program. This is of individuals who gain exposure to the regular course of the day can help especially important since the earnings Summer Work Travel program, given its achieve the central goals of the Summer of exchange visitors are likely to defray nature as an exchange program. Work Travel program: Relationship- only some of the costs they will incur Moreover, previous participation in the building, cultural exchange, and English during their exchange opportunity. program will not limit exchange visitors language proficiency. Thus, as provided 4. Exchange visitor screening and from participating in other applicable in proposed paragraph 62.32(f)(iii), selection. The Summer Work Travel categories of the Exchange Visitor sponsors must ensure that all Program requires exchange visitors to Program. placements permit daily personal exercise great responsibility while in the The Summer Work Travel program interaction with customers and/or United States. Exchange visitors must permits exchange visitors to practice American co-workers as an integral part adjust to life in a new culture, accustom and enhance their English language of the placement. The Department seeks themselves to a new work environment, skills; effectuates both the Department’s to avoid, as part of this program, and understand all their rights and public diplomacy goals and the positions that provide little to no responsibilities as exchange visitors in a legislative intent of the Fulbright-Hays language exposure or skill acquisition, workplace setting. The Department, Act, which enables the U.S. government and that are inappropriate for a cultural therefore, has included in proposed to establish programs that promote and educational exchange program. paragraph 62.32(e)(1), the following mutual understanding between the Such positions do not fulfill the stated eligibility requirements: Exchange people of the United States and people goals of the program. Sponsors must be visitors must be at least 18 years old by of other countries by means of able to ensure that host entities make their Summer Work Travel program educational and cultural exchange (22 appropriate accommodation to meet this start date. In addition, at the time they U.S.C. 2451). The Department requires objective. file their program applications, sponsors to review the applications of, For example, one observed best prospective exchange visitors must be interview, and select those applicants practice was a host entity that, rather foreign nationals enrolled in and who have a level of English language than retain one individual solely on actively pursuing a full-time course of proficiency that would enable them to dishwashing, a task the host felt offered study toward a degree at a classroom- be understood by co-workers and little interpersonal interaction, rotated based post-secondary academic community members, discuss their restaurant staff and exchange visitors institution that is physically located personal backgrounds, and comprehend through this task in order to offer each outside the United States and safety, work, housing, and person a variety of assignments. ministerially-recognized within the transportation-related instructions. In Additionally, the Department has no national education system where the addition, because participation in cross- objection to exchange visitors working student is enrolled (including final year cultural activities is a main purpose for alongside foreign nationals in other visa students). the Summer Work Travel program, categories, as long as the exchange Repeat participation has both benefits proposed paragraph 62.32(e)(1)(v) visitors with similar qualifications and and drawbacks. In seeking to create the requires sponsors to select exchange experience receive the same appropriate balance, the Department visitors who evidence an intention, for compensation and exchange visitor proposes at § 62.32(e)(1)(iii) to limit to example, in their written application or employment does not have an adverse three the total number of times an interview, to participate in such effect on U.S. workers. The Summer exchange visitor is permitted to activities while in the United States. Work Travel program serves to create participate in the Summer Work Travel This requirement is important toward long-term relationships between program during his or her post- ensuring that exchange visitors Americans and program participants, secondary education career. The participate in the program for the and working alongside U.S. workers is Department has observed the value of correct reasons, and will have the essential to the achievement of that goal. repeat participation, including interest and prior learning experience Pre-placement. The Department solidifying a relationship between a host necessary to succeed in the program to engages with host communities where and exchange visitor, and enabling an which they applied. exchange visitors are housed. It has exchange visitor to continue building Proposed paragraph 62.32(e)(2) learned that overcrowding in some skills while gaining exposure to an even specifies that, prior to selecting communities can become a major greater diversity of U.S. culture, society exchange visitors, sponsors must problem where exchange visitors who and tourism. The Department also has conduct interviews with them in person are not pre-placed arrive unannounced observed the drawbacks of repeat or by video-conference and, upon and unexpected. Seasonal communities participation, where some exchange request, facilitate videoconferences struggle to identify affordable and visitors with more knowledge of the between exchange visitors and host appropriate housing for those who are United States and the Summer Work entities in order that these parties can pre-placed. In the worst cases, exchange Travel program have been encouraged to learn about one another prior to the visitors live in overcrowded repeat their program participation in exchange. accommodations, and some even have order to organize for host entities or 5. Exchange visitor placement. been left homeless. These situations other entities activities forbidden by Finding an appropriate host placement defeat the purposes of the exchange regulation. In limiting participation in for each exchange visitor is one of the visitor program, bring notoriety, and can the program to three visits, the most important decisions a sponsor generate tensions within communities. Department notes that the working must make. In proposed paragraph Accordingly, the Department proposes holiday programs of 20 other countries, 62.32(f), the Department summarizes the in paragraph 62.32(f)(1) to extend the the programs that are most comparable responsibilities of sponsors in securing applicability of existing pre-placement to the Summer Work Travel program, a host placement for each exchange requirements so that they pertain to restrict participation to a single work visitor. Among these requirements are exchange visitors from all countries, and travel visit. In several other that host placements be seasonal and rather than only exchange visitors from countries, working holiday programs are temporary in nature, require minimal non-Visa Waiver Program countries, as restricted to two visits. The Department training, and be interactive. Interaction is currently so under § 62.32(g)(10).

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Prior to July 15, 2011 (the effective arrived immediately to the location of host placement) and seek redress from date of the 2011 IFR), sponsors were an emergency have had the most the sponsor, the host entity that owns required to allow no more than half of success in assisting all parties, the sponsor could exert pressure on that their Summer Work Travel exchange including host entities, in such sponsor not to respond to the exchange visitors to enter the United States situations, during which major visitor’s request. In this and other cases, without pre-arranged host placements. programmatic decisions may need to be an independent or neutral entity could Since July 15, 2011, sponsors have been made. The Department proposes in serve as an advocate for the exchange required to pre-place all exchange paragraph 62.32(f)(1)(xii) that each visitor, as the sponsor and host entity visitors except those from Visa Waiver exchange visitor be placed in a location are not well placed to adopt this role Program countries. Requiring uniform that the sponsor’s employee or since, by definition, the sponsor and the pre-placement in positions with a vetted representative is able to reach in-person host entity have an inseparable business host placement prior to exchange visitor within eight hours (i.e., within one relationship with each other. receipt of a Form DS–2019 will permit business day), through any reliable Strikes at the host entity. At proposed host entities and local communities to transportation means. Each sponsor paragraph 62.32(f)(3), during the pre- prepare for exchange visitor arrival, should plan how its staff or placement phase, sponsors must not allow sponsors to ensure that each representatives would reach exchange match exchange visitors with host placement is with a host who has been visitors placed in more isolated entities at which there is a strike (or oriented in advance and is committed to locations where there is limited other labor dispute that the sponsor the goals of the program, and reduce the transportation, and who in the sponsor reasonably believes would have a potential for temporary housing or organization is to be responsible for negative impact on the exchange overcrowding. Finally, requiring pre- reaching the exchange visitor in such visitor’s program) at the placement site. placement will reduce the number of circumstances. If a strike (or other similar labor dispute) exchange visitors from Visa Waiver The Department has monitored occurs at the host entity in the location Program countries who never get host placements that are isolated, with little where an exchange visitor’s host placements during their stay in the to no infrastructure nearby, and where placement has been finalized pending United States, estimated according to a sponsor has not visited prior to the the arrival of the exchange visitor or Department records to be around 10 placement. The Department has where an exchange visitor is currently percent of exchange visitors from all concluded that sponsors should take carrying out the program, sponsors must Visa Waiver Program countries. The great care when placing exchange re-place the exchange visitor at a Department also believes that a 100 visitors in locations that are far from different host entity immediately, to the percent pre-placement requirement will commercial infrastructure and extent possible, but in any event, within better ensure that proposed expanded transportation options, and in those five business days. Exchange visitors host placement requirements are met. instances, host entities should assume placed where there is a strike or other Host entity orientation. A sponsor’s responsibility for ensuring sufficient such labor dispute will likely be engaging the host entity in welcoming local transportation for the exchange subjected daily to a tense work the exchange visitor, providing the visitor to meaningfully experience U.S. environment that requires them either to exchange visitor with a positive culture and cross-cultural activities. cross picket lines and work in the place experience while in the United States, The Department has seen successful of striking employees or choose to join and connecting with that exchange placement of exchange visitors at a strike, which could lead to conflict visitor to provide cross-cultural summer camps and national parks, with management. Such work activities are all fundamental elements which may be a distance from environments at a host entity are not of the Summer Work Travel program’s commercial infrastructure. In those conducive to the cross-cultural program mission as one of exchange. Many instances, the host entities made experience the Department wishes to sponsors have created orientations for arrangements for cross-cultural outings, provide for its exchange visitors. host entities. The Department sees this shopping excursions, emergency Hours. The Department has learned as a positive trend, and proposes in evacuation if needed, and so forth. that gaining sufficient work hours is a paragraph 62.32(f)(1)(x) that all sponsors Sponsor ownership by host entity. significant concern to exchange visitors be required to orient host entities (e.g., Host entities that either partially or on the Summer Work Travel program. in person, online, through CD or DVD, wholly own the sponsor, and sponsors Many exchange visitors participate with through teleconference), clearly that wholly or partly own the host the intention of maximizing their days explaining to them the public entity, must under proposed paragraph and experiences, and become diplomacy purpose and requirements of 62.32(f)(2) divulge that relationship to despondent if they have too few hours the program and the host entity’s duties the Department and retain or make of work. Too few hours also may lead during the program and toward the available an independent and neutral exchange visitors to experience exchange visitor. Sponsors must explain entity, such as an ombudsperson, to act difficulties with their financial program regulations and policy to host as an advocate for the exchange visitor obligations. On the other hand, too entities so that they may be well- should the Department determine there many hours may exhaust the exchange informed at all times about the program. is a need. This is important because a visitor and leave little time for any other Remote placements. The Department sponsor that is owned by the host entity activities. receives reports of emergencies and at which the exchange visitor is placed The ideal situation would be for urgent situations from sponsors, may not be able to act impartially or exchange visitors to work 40-hour work exchange visitors, host entities, and advocate for the exchange visitor in a weeks, as is common in the United members of the public. If serious dispute between the exchange visitor States for full-time employees, but the incidents occur regarding the host and the host entity. For example, if an Department also understands that placement, host entities are responsible exchange visitor were to complain of seasonal employment ebbs and flows. In for supervision of and immediate alleged legally non-compliant conduct order to create appropriate standards assistance to their exchange visitors in on the part of the host entity (such as and transparency, as well as protect such circumstances. However, sponsors requiring the exchange visitor to exchange visitors who expend with a presence near and/or that have conduct unauthorized activities in the significant personal investment to

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participate, the Department proposes at Both the host entity and the exchange duties or, if this is not possible, request paragraph 62.32(f)(4) that sponsors visitor will be subject to the requirement a re-placement by the sponsor. In the place exchange visitors only with host of two weeks’ notice as set forth in Department’s experience, most sponsors entities that commit to provide proposed paragraph 62.32(f)(4)(iii)) and are able to complete the re-placement exchange visitors with no less than 32- (iv) before changing central terms of the vetting process for exchange visitors hours and no more than 65-hours of host placement agreement. The (i.e., verifying the terms and conditions permissible work per calendar week, Department has learned that exchange of such employment and fully vetting averaged over a two-week period, for all visitor no-shows or abandonment of jobs host entities) within the three day work weeks of their placement. The are a major risk to the program, as host period required by this proposed Department will allow a calculation of entities are counting on and have rulemaking, so that the exchange visitor hours averaged over a two-week period prepared for exchange visitor arrival. may begin the re-placement position as to accommodate a measure of potential Likewise, the Department has too often soon as possible thereafter. Sponsors irregularity in working hours from week been made aware of exchange visitors should expedite re-placements of to week. Exchange visitors must be paid who arrive at the agreed placement only exchange visitors who refuse to take on overtime for hours completed, to be told that they have no job, or the additional work requirements and wish, calculated on a weekly basis, in job they are provided upon arrival is not as a consequence, to be re-placed, so accordance with applicable federal, the job to which they agreed. In order that exchange visitors are not required state, and local laws. Because exchange to instill greater commitment and, thus, by circumstances to stay in host visitors have various motivations, the higher quality exchange experiences, placements where they cannot or do not Department will permit an opt-out consequences for failure to fulfill wish to conduct additional or provision for the lower limit of hours requirements must exist on both sides. alternative work requirements to those (32), if requested in writing by the An exchange visitor who abandons listed on their Form DS–7007. the placement, has a delayed arrival, or exchange visitor and acknowledged by 6. Compensation. The 2012 IFR fails to arrive at the placement without the sponsor. Recognizing that certain required sponsors to ensure that all first notifying the sponsor and gaining host entities may not be able to exchange visitors are compensated at sponsor permission may be terminated guarantee 32-hours consistently, the ‘‘the applicable Federal, State, or Local Department would find appropriate from the program. Similarly, a sponsor Minimum Wage (including overtime)’’ placement at two authorized host may terminate from hosting exchange (77 FR 27610; § 62.32(i)). The entities simultaneously in order to meet visitors any host entity that fails to Department reiterates that sponsors the 32-hour minimum. Each placement provide the exchange visitor and must ensure that host entities pay must follow all regulatory requirements. sponsor two-weeks of notice before Over the years, the Department has ending the placement, decreasing hours exchange visitors an hourly wage not been made aware that an exchange below the 32-hour weekly minimum, less than the federal, state, or local visitor’s hours may decline over the averaged over a two-week period, or minimum wage, whichever is higher, for course of the placement, causing otherwise significantly changing agreed- all hours worked (including overtime) exchange visitors to seek other upon terms of the placement. The two- in conformance with applicable federal, unauthorized host placements. Should week notice provision does not apply to state, and local laws, including the Fair an exchange visitor’s hours, averaged host entities in cases where the Labor Standards Act. This requirement over a two-week period, fall below the exchange visitor fails to report to work is retained in proposed paragraph 32-hour weekly minimum for longer on a sustained basis (i.e., for longer than 62.32(f)(6)(i), which will, in addition, than two weeks, the sponsor must assist ten days and without contacting the require sponsors to place exchange the exchange visitor to increase his or sponsor and host entity supervisor and visitors with host entities that agree to her hours at the current host placement receiving permission to be absent). The provide exchange visitors with pay, or find a re-placement or an additional above requirements are intended to benefits, and working conditions placement to meet the required hour respond to sponsor concerns of no- commensurate with those offered to minimum. If the exchange visitor’s shows, and exchange visitor concerns of their U.S. counterparts and/or those on hours averaged over a two-week period significant changes to their placements another class of nonimmigrant visa fall below the 32-hour weekly without their knowledge or advance doing the same or similar work in the minimum, the exchange visitor also has consent. (Proposed paragraph(f)(4)(iv) same work setting if they have similar the option to accept the below- states that the two-week requirement qualifications and experience (see minimum hours by indicating such to does not apply to credible allegations of proposed paragraph 62.32(f)(6)(ii)). The the sponsor in writing; the sponsor must conduct that could result in sanctions.) Department does not wish host entities acknowledge the communication. In addition, once notified, the to use exchange visitors as a way of Although the Department proposes at exchange visitor must be given at a undercutting the wages of U.S. workers paragraph 62.32(f)(4) to require a minimum 72-hours to consider any or the wages of those workers who have minimum of 32-hours and a maximum significant additional requirements or come to the United States after having of 65-hours per calendar week for changes that host entities wish to make been accepted into non-immigrant labor authorized placements in the program, to the exchange visitor’s host placement, programs. Any host entity employing the Department does allow for some such as new duties, departmental exchange visitors should be advancing flexibility within that range in order to relocation, or geographic relocation. An the public diplomacy goal of the accommodate the special needs of exchange visitor cannot be required to program and willing to offer exchange seasonal placements. An exchange accept major program changes without visitors an experience that is in keeping visitor’s written consent is essential for consent. As set forth in proposed with this program purpose. The sponsor work below or beyond previously paragraph 62.32(m)(3), the sponsor must also must ensure that each exchange agreed-upon hours. The importance of inform host entities and exchange visitor has advance knowledge of his or mutual agreement and clarity in hours visitors that, if an exchange visitor does her expected hourly earnings, enabling and placement conditions is the not agree to such requirements or the exchange visitor to plan accordingly motivation for an amended Form DS– changes, he or she may continue with for living expenses (see proposed 7007. his or her previous host placement paragraph 62.32(d)(9)). The hourly wage

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requirement is particularly important agreement with each exchange visitor in 8. Exchange visitor host re-placement. for sponsors to monitor in certain advance of the exchange visitor’s In paragraph 62.32(h), the Department placements, such as summer camps, acceptance of the host placement. This proposes to change the deadline for where the exchange visitor’s room and agreement must explain host placement sponsors to complete, at a minimum, board are covered by the camp and duties and expectations, the the vetting of host re-placements (i.e., where hours of work may become geographical area the placement will verifying the terms and conditions of extended due to the setting. encompass, how the purchase of any such employment and fully vetting the Sponsors or host entities must necessary state or local permits will be host entity) from 72-hours to three compensate eligible exchange visitors handled, how exchange visitors may business days. Sponsors also are for time spent in required training, access pre-arranged housing while required to complete and secure the including applicable overtime (if the traveling, and how, in accordance with requisite signatures on a new Form DS– exchange visitor is working more than the Fair Labor Standards Act, exchange 7007 prior to an exchange visitor’s 40-hours in a single work week), in visitors will be paid an hourly wage for beginning work at a host re-placement. accordance with all applicable federal, time spent in their arrival orientation The Department is of the view that state, and local laws (see proposed and be timely reimbursed for housing because exchange visitors have already paragraph 62.32(f)(6)(i) and (ii)). For and other necessary business costs paid their sponsor to find them a viable trainings held in a city that is farther incurred while traveling on behalf of Summer Work Travel placement, than 60 miles away from the exchange their host entity. Sponsors also must sponsors may not charge exchange visitor’s site of activity (see proposed provide exchange visitors with an visitors additional fees at the time of re- paragraph 62.32(f)(11)), or where orientation containing information on placement. exchange visitors are required by the safety considerations while selling door- 9. Sponsor vetting of host entities. The sponsor or host entity to stay overnight to-door, how they will be supervised, private sector exchange model succeeds at the training site, the sponsor or host how to react when faced with possible only if sponsors respect their role as an entity must compensate (either adverse situations (e.g., if potential objective party seeking the best interests themselves pay or reimburse the customers do not wish to buy offered of the program and commit to advancing exchange visitor) for related lodging products), and how products that U.S. public diplomacy goals. Sponsors during the training. customers do purchase will be must become knowledgeable about host In addition, as set forth in proposed delivered, especially in light of the fact entity third parties through the vetting paragraph 62.32(f)(8), sponsors, in that, in accordance with proposed process. Annual host entity vetting, as accordance with the Fair Labor paragraph 62.32(k)(10), exchange currently required under the 2012 IFR Standards Act, must ensure that host visitors are not permitted to drive. (§ 62.32(n)(2)) and as retained in entities provide exchange visitors, Sponsors of exchange visitors working proposed paragraph 62.32(i)(1), works to without charge or deposit, all uniforms, in door-to-door sales must ensure, as set ensure that all placements are with tools, supplies, and equipment needed forth in proposed paragraph legitimate and reputable entities that to perform placement-required 62.32(g)(2)(ii), that these exchange have reputable managers and activities. Finally, because the Summer visitors earn in each calendar week of supervisors working with the exchange Work Travel Program is cultural and their program, averaged over a two-week visitor. As set forth in proposed educational, and not a work program, period, the equivalent of the applicable paragraph 62.32(j)(3), the Department and because exchange visitors are not in federal, state, or local minimum wage the United States for sufficient time to per hour through hourly pay or sales will impute to the sponsor the actions make use of union services, sponsors profits, and receive pay and benefits of the host entity and any third parties must reimburse exchange visitors any commensurate with those offered to hired by a host entity to carry out the union dues that are required as part of their U.S. counterparts and/or those on exchange visitor’s program, whether or their host placement. another class of nonimmigrant visa with not the host entity has disclosed that 7. Door-to-door sales positions. The similar qualifications and experience third party to the sponsor. Department is concerned that door-to- doing the same or similar work in the 10. Host entity cooperation. Because door sales positions may create same work setting. The Department will the conditions of an exchange visitor’s unsuitable risks for exchange visitors allow a calculation over a two-week placement at his or her host entity may because such positions involve living in period to accommodate some have a significant impact upon the different housing from time to time and fluctuation in sales profits week-by- opinion that exchange visitor develops visiting homes unannounced and week. Exchange visitors engaged in of the Summer Work Travel program unrequested to sell products. Because door-to-door sales must begin their sales and of the United States, the door-to-door sales have become highly calls no earlier than 9:00 a.m. and end Department sees it as vital to create infrequent in this age of online sales, their last sales call no later than 8:00 consistent minimum standards to which household reaction to the exchange p.m. in their respective time zones. sponsors must adhere in their visitor’s outreach may be uncertain. The In order to protect exchange visitors authorization of host entities. The Department is aware that these positions from a situation where they may be Department proposes in paragraph are highly interactive, offer professional mistakenly taxed on funds collected for 62.32(j)(1) and (2) that sponsors be skills some exchange visitors are a host entity’s business purposes, required to ensure that host entities seeking, and offer daily English sponsors must ensure, as set forth in understand program regulations and language usage. However, they tend to proposed paragraph 62.32(g)(2)(iii), that arrange or permit time for sponsor- or require some travel of the exchange customers make all checks and other host-entity-organized cross-cultural visitor, usually within a pre-defined forms of payment directly payable to the activities for exchange visitors designed area, and may require long and/or host entity, not to the exchange visitor. to meet the Department’s cross-cultural irregular hours. In addition, proposed paragraph activity requirements. If hosts The Department thus requires in 62.32(g)(3) requires that sponsors honor understand their role in this public proposed paragraph 62.32(g) that an exchange visitor’s reasonable request diplomacy initiative, they are likely to sponsors placing exchange visitors in for re-placement at a non-door-to-door be more successful in hosting exchange door-to-door sales positions execute an assignment. visitors.

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11. Protections for exchange visitors. health, safety or welfare of exchange visitors to engage in repetitive motion The Department is of the view, as visitors. The Department proposes in activities generally do not offer reflected in proposed paragraph this rulemaking to expand this list to exchange visitors the required 62.32(j)(6) that, in order for the include the following host placements: opportunity to interact frequently and exchange visitor to be secure in his or Locations without possibility for substantially with American co-workers her possessions and have freedom of regular contact. The Department expects or customers. In addition, some movement, it is never appropriate for a sponsors to remain in contact with their repetitive motion jobs, including certain host entity to hold or withhold an exchange visitors. Therefore, sponsors, jobs on an assembly line or in certain exchange visitor’s personal documents in accordance with proposed paragraph factory-like conditions, require working without the exchange visitor’s advance 62.32(k)(4), must not place exchange with heavy machinery or dangerous written permission. The Department, visitors where regular and convenient chemicals. These positions require a through its program monitoring, has telephone and Internet communication great deal of focus on the task at hand seen instances where the host entity is not accessible. This is especially to avoid injury, which also takes away seeks to retain exchange visitor important with regard to placements in from the opportunity for interaction documents or forbid exchange visitor national parks and summer camps. with American co-workers. communication until the exchange Staffing agencies. As set forth in Waste management and custodian/ visitor meets certain work requirements. proposed paragraph 62.32(k)(7), a janitorial positions. The Department The Department believes that such host sponsor must ensure that staffing/ proposes in paragraph 62.32(k)(22) to entity conduct has largely ended as a employment agencies or similar entities prohibit host placements in any waste result of its monitoring, but wishes to do not become inactive intermediaries management, janitorial, or custodial make clear that no sponsor or host between the exchange visitor and the positions or in any position that entity may retain the exchange visitor’s host entity. In accordance with involves more than a small percentage Forms DS–2019 and DS–7007, money, proposed paragraph (k)(7), when such (five percent of the hours or less) of identification (including passport and an agency places exchange visitors, it waste management duties or keeping the social security card), cellphone, flight must provide daily supervision and premises of a building clean, tending to tickets, or any other personal property, primary and onsite monitoring of the the heating, plumbing or air- unless specifically requested in writing exchange visitor’s work environment at conditioning system, or making building (to include an itemized list), by the his or her host entity, and it must pay repairs. Such positions are not suitable exchange visitor. Such exchange visitor the exchange visitor directly. If such an for a cultural and educational exchange authorization may be withdrawn at any agency is involved in the exchange program. The above types of duties may time in writing, at which time, the visitor’s program, it, along with the host be acceptable only if they are incidental entity, must be vetted in accordance sponsor or host entity must release the to other types of service placements and with proposed paragraph 62.32(i). documents and other items within 48- comprise no more than the noted small Mobile amusement. Since publication percentage of duties performed by the hours. In addition, under proposed of the 2012 IFR, the Department has paragraph 62.32(j)(5), a host entity must exchange visitor. become aware that the term ‘‘mobile Placements in non-seasonal or non- never stand in the way of amusement’’ is used more widely and is temporary positions: The Summer Work communication between the exchange clearer than existing regulatory language Travel program permits sponsors to visitor and his or her sponsor, or prohibiting positions in ‘‘traveling place exchange visitors in seasonal or prevent communication between the fairs.’’ The Department accordingly temporary positions. The nature of the exchange visitor and his or her family proposes in paragraph 62.32(k)(17) to position is determined by such factors and friends, or prevent communication replace the term ‘‘traveling fairs’’ with as whether a host entity has a with any other person, while the ‘‘mobile amusement.’’ This regulation supplemental need for assistance; exchange visitor is not on duty. Finally, retains the prohibition on placements in whether it has an increase in financial sponsors or employees of a sponsor the above industries due to a failure of revenue, tourist, or seasonal customer must continue to follow the host entities in these industries in the numbers; the number of months such a requirements set forth in § 62.10(d) past to regularly update the exchange peak includes within one calendar year; regarding non-retaliation against an visitors’ sites of activity, which is a the nature of recreational or cross- exchange visitor. basic requirement of the program, and to cultural activities in the area or other 12. Program exclusions. The the fact that such exchange visitors, factors that might cause the peak need; Department has witnessed improvement through heavy travel in these industries, and whether the host entity has in sponsor administration of the never become established in a U.S. host conducted outreach to local residents program since its 2012 IFR, and the community where they may make U.S. for employment. quality of placements has improved friends and engage in cultural activities Sole responsibility for safety of others. since the Department provided greater on a sustained basis. In situations where an exchange visitor clarity regarding appropriate working Movers. The Department in paragraph would be solely responsible for the conditions and inappropriate 62.32(k)(20) proposes to prohibit host safety of others, such as working as placements. This regulation proposes to placements in positions where exchange lifeguards at single lifeguard pools, expand the list of ‘‘program exclusions’’ visitors’ primary activity is the exchange visitors may not be placed at as set forth in paragraph 62.32(k). In movement of household or office goods. such host entities where the host entity both the 2011 and 2012 IFRs, the Such positions can place exchange does not provide regular on-site or on- Department increased the types of host visitors at risk of serious injury. call supervision and reasonable time off placements in which sponsors were no Repetitive motion jobs. The for exchange visitor breaks and meals. longer permitted to place exchange Department in paragraph 62.32(k)(21) (See proposed paragraph 62.32(k)(24)). visitors. The Department deemed such proposes to prohibit host placements in 13. Exchange visitor housing and host placements as either being positions requiring repetitive motion, local transportation. Issues involving fundamentally unsuitable for a cultural including on an assembly line or in housing and local transportation and educational exchange program or certain factory-like settings. Host (between place of residence and place of posing an unacceptably high risk to the placements that require exchange work) raise constant concerns both for

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the Department and for exchange from the exchange visitor’s site of exchange visitors on location; hours of visitors, who file housing-related activity at the host entity(ies); in an area work each week that will be offered the complaints each year. In 2015, 16 with regular, safe, and affordable exchange visitor; duties, wages, and percent of exchange visitors on the transportation options; in a location that expectations of overtime; expected Summer Work Travel program, is neither isolated nor difficult to access; training period, if any; physical according to Department monitoring and in reasonable proximity to demands of the host placement; benefits surveys, said they were dissatisfied with commercial infrastructure. Likewise, each exchange visitor will receive from their housing and described their sponsors may not approve a placement the host placement; total itemized fees housing as dirty, run-down, too if the associated housing option does and costs of the program charged by crowded, and unsuitable, and often not include those same characteristics. sponsors, host entities, and third parties without cooking facilities. In some Recent summers have seen an (noting clearly which of those that are instances, the Department received increased number of severe exchange mandatory and those that are optional) complaints that exchange visitors visitor bicycle accidents. If an exchange that the exchange visitor will incur; arrived in the United States to find that visitor bicycles to and from the host itemized costs to each exchange visitor the housing listed on their pre-departure entity or to reach commercial for benefits and mandatory and optional documents was unavailable or at infrastructure, sponsors, in accordance deductions (such deductions must be capacity. The Department also received with proposed paragraph 62.32(l)(7) noted on the form); and any meals complaints about landlords who must ensure that the exchange visitor is included at the host entity. Deductions engaged in rent-gouging, withheld informed that he or she must wear a taken from wages must be disclosed in security deposits, and charged exchange helmet and other appropriate protective advance to the exchange visitor. visitors outrageous amounts for normal gear and that he or she must check that The Department further proposes, in wear and tear at the end of the exchange the bicycle is in working order (e.g., paragraph 62.32(m)(1)(i), to require period before they left for home so that brakes functional, frame not bent, all sponsors to complete Form DS–7007 for they did not have to return exchange tires inflated properly, bicycle chain every initial and subsequent host visitor security deposits. Unavailable and gears functional). All sponsors must placement the exchange visitor accepts, and unsuitable housing appears to have provide bicycle safety information in and to update the form if the terms of been the top issue of concern for pre-arrival materials and during the host placement(s) changes exchange visitors in both the 2014 and orientation, including the Department- significantly. Sponsors must provide 2015 Summer Work Travel program generated bicycle safety flyer, and place each signatory an executed copy of the years. a bicycle safety video on their Web site. Form DS–7007 (excluding the Housing The Department proposes to require No exchange visitor should be expected Addendum) before the sponsor issues in paragraph 62.32(l)(1) that sponsors by sponsors or host entities to ride a the exchange visitor a Form DS–2019 may only authorize placements that bicycle to work on a highway or other and the exchange visitor makes his or include options for safe and affordable major road without bicycle lanes. her visa application; and inform the housing accommodation and accessible Likewise, no exchange visitor should be exchange visitor that he or she must modes of local transportation. Housing expected to ride a bicycle over distances have his or her fully executed Form DS– options must have reasonable proximity of longer than a total of eight miles per 7007 (excluding the Housing to the host entity and regular, safe, and day in order to travel to and from the Addendum) available (along with his or affordable local transportation options host entity or reach commercial her Form DS–2019) should it be leading to commercial infrastructure infrastructure. requested during the visa interview. and to the host entity, unless the Sponsors placing exchange visitors in In accordance with proposed sponsor or host entity provides such national parks, ski resorts, and summer paragraph 62.32 (m)(2), sponsors also transportation. Possible housing and camps must have on file, in accordance must provide details about any sponsor- local transportation options must be with paragraph 62.32(l)(3), the host or host entity-arranged housing on the identified before the placement is entity’s written arrangement for Housing Addendum to Form DS–7007, approved as part of the sponsor’s transportation for those exchange including the type of housing (house, program. The specific conditions of the visitors in their off-duty hours or in case apartment, dormitory, or other); housing option selected for the of emergency. distance to the exchange visitor’s site of exchange visitor by either the sponsor or 14. Form DS–7007 (Host Placement activity, and local transportation type sponsor’s host entity, as applicable, Certification). Proposed paragraph and cost; cost of housing either weekly must be reflected on the Housing 62.32(m) contains the requirement of or monthly; need for an exchange visitor Addendum to Form DS–7007 in the Summer Work Travel Host housing deposit; utilities covered in rent accordance with proposed paragraph Placement Certification Form (Form and those that the exchange visitor must 62.32(m). DS–7007). The Department believes pay separately; number of other tenants; The Department proposes to retain the certain host placement information housing features and description option for exchange visitors to self- must be agreed upon by the three (including numbers of bedrooms and identify housing, but both the sponsor primary parties—the exchange visitor, bathrooms); and type of housing and the exchange visitor must document host entity, and sponsor—before contract, if any, that the exchange such a selection in writing (proposed issuance of a visa. visitor must sign. paragraph 62.32(l)(5)), and the sponsor Provision of Forms DS–7007 to For protection of exchange visitors may deny the housing if it does not exchange visitors will ensure that they under proposed paragraph 62.32(m)(3), include the characteristics set forth in are fully aware, before traveling to the sponsors must give exchange visitors proposed paragraph 62.32(l)(2). All United States, of the details of their 72-hours to consider any significant housing, whether provided or found by individual Summer Work Travel additional requirements or changes the exchange visitor, must meet all program. As set forth in proposed proposed by the host entity to their host applicable housing codes and paragraph 62.32(m)(1)(i), these details placement or housing after the DS–7007 ordinances. It also must be affordable must include information about location or Housing Addendum is initially for the exchange visitor; in a safe and description of the host placement; executed. If the exchange visitor location; within reasonable distance number of employees and other disagrees in writing with the proposed

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changes to his or her placement or does and/or host entity-arranged cross- with U.S. persons and actually engage not respond at all about suggested cultural activities, and how best to in cross-cultural activities, as opposed changes, he or she must be permitted to experience local or national U.S. to merely having, as the 2012 IFR continue with the duties in the original culture; information on how to identify required, the opportunity to do so. This placement, unless the host entity and report workplace abuse, sexual proposed requirement more properly requests that the sponsor re-place the abuse, sexual harassment, bullying, and reflects the Department’s intent, i.e., exchange visitor. An exception to the exploitation; information on how to that exchange visitors are on an 72-hour rule may be made if such a identify and report wage violations, exchange program, the goals of which change must be implemented before 48- housing violations, poor housing are to have them both work alongside hours to protect the health, safety, and conditions, and instances of host entity U.S. persons and learn about U.S. welfare of the exchange visitor. retaliation against the exchange visitor culture through and outside of work. If the sponsor or host entity arranges for reporting problems; information on The Department proposes at paragraph housing for the exchange visitor, the general personal, pedestrian, 62.32(o)(2)–(3) that sponsors must Housing Addendum to Form DS–7007 transportation, including bicycle safety themselves plan, initiate action, and/or must be completed and sent to the information (i.e., providing the assist host entities, domestic third exchange visitor prior to the visitor’s Department-generated bicycle safety parties, or local community groups, to departure for the United States in flyer and placing a bicycle safety video provide each of their exchange visitors accordance with proposed paragraph on the sponsor’s Web site); an with at least one cross-cultural activity 62.32(m)(2). Sponsors must update the identification card with a photo of the per calendar month in addition to their DS–7007 and/or Housing Addendum if exchange visitor listing the exchange work activities, thereby giving him or exchange visitors move to other visitor’s name, the sponsor’s name, and her exposure to U.S. culture and/or the sponsor-provided (including host entity- main office and emergency telephone opportunity for interaction with U.S. provided) housing. If exchange visitors numbers, 911, the telephone number of persons. Sponsors may include in their find their own housing or opt out of the Department’s J–1 visa toll-free agreements with host entities a sponsor-provided housing (including emergency help line, the J–1 visa email provision that the host entity plan and host entity-provided), which they must address, and the name and policy implement cross-cultural activities each do in writing, the sponsor need not number of the sponsor’s health calendar month during which it has complete the Housing Addendum, but insurance provider, if applicable; and exchange visitors under its supervision. must vet the housing address and its information on how to seek medical Cross-cultural programming suitability before the exchange visitor care in the United States (e.g., opportunities should provide exchange can move in. Sponsors must keep the information on insurance deductibles, visitors on the Summer Work Travel DS–7007 on file for three years, as set the differences between emergency program at least one of the following forth in proposed paragraph room visits and regular hospital visits), benefits. They should enable exchange 62.32(m)(4). and locations of the nearest medical visitors to: (1) Learn about U.S. society, 15. Exchange visitor pre-departure facilities (e.g. hospitals, clinics, for higher education, and culture outside of orientation. The Department believes general medicine). their placement; (2) share their own that an orientation for each exchange The orientation must additionally culture, traditions, and views with U.S. visitor is of the utmost importance in include information to exchange visitors residents; (3) experience the United order to inform the exchange visitor on the process of monitoring and on States and its geographical diversity; (4) about the role of the sponsor and the their obligation to notify their sponsor see the world or the United States from host entity, exchange visitor within ten days of arrival in the United another perspective; (5) better requirements during the program, and States and of any changes to the terms understand the history and heritage of a benefits and protections offered. agreed to in Form DS–7007. Sponsors diverse U.S. population; and/or (6) Sponsors must fulfill the pre-arrival must describe the circumstances that appreciate similarities that bring people information and orientation may lead to termination of an exchange of different nationalities and requirements as set forth at § 62.10(b)– visitor’s program under rules governing backgrounds together. (c). In addition, pursuant to proposed the program. Cross-cultural activities can range paragraph 62.32(n), sponsors would be All of the proposed requirements for from small and informal to large-scale required to provide, prior to each the pre-departure orientation are those and organized activities. A cultural exchange visitor’s departure from his or that cover major aspects of the program, activity does not need to be a trip to her home country, an orientation, either including the responsibilities of each another city or a large or expensive in person or online, or a combination of party involved in the exchange; what event that takes weeks of planning. It both, that includes the following: An reporting is required; necessary can be something small and relatively explanation of the sponsor’s role during communications among the sponsor, spontaneous, making use of local the program, including monitoring, and host entity, and exchange visitor; resources. Some examples that occurred of host entity responsibilities; the workplace violations to which the over the last program year were: Having Department of State’s Summer Work exchange visitor should be alert; and the exchange visitor come to an already- Travel Exchange Visitor Welcome Letter what to do in case of emergencies. The planned staff picnic; organizing a and Diversity Flyer; the sponsor’s 24/7 Department is also aware that many potluck dinner at the supervisor’s house immediate (i.e., non-answering parents of exchange visitors attend pre- with colleagues; going to a state fair; machine) contact telephone number; a departure orientation, although this is organizing a building-a-bonfire-on-the- description of exchange visitor and host not a requirement, and believes that beach event; having a group visit a entity obligations and responsibilities, such information is also helpful for natural resource, such as a cave or a including a list of program obligations exchange visitors’ families to know. federal, state, or local park nearby; and responsibilities; information 16. Cross-cultural activities. The playing softball with fellow employees; explaining the cross-cultural component Department proposes at paragraph going with the exchange visitor to a of the Summer Work Travel program, 62.32(o)(1) to require all sponsors to local sporting event such as baseball including the exchange visitor’s ensure that exchange visitors in the (including having a contest about who obligation to participate in sponsor- Summer Work Travel Program work can best describe the rules of baseball);

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bowling; or a trip to a downtown area, exchange visitor’s home country, these Visitor Program when these are museum, library, or outdoor concert that third parties are known first to the announced by the Department. In is either free of charge or has a nominal exchange visitor. But this should not addition, as proposed in paragraph charge. Around 42 percent of sponsors remain the case throughout the 62.32(q)(4), sponsors must require, and their host entities already arrange exchange. Sponsors, which are review and approve annually the such cultural activities for exchange designated by the Department to marketing materials for exchange visitor visitors. Sponsors should be prepared to facilitate the Exchange Visitor Program, programs marketed on the sponsor’s provide guidance to host entities not yet are expected to develop and have the behalf by each of their foreign third offering cultural activities on how to primary relationship with host entities parties. These marketing materials must fulfill this requirement. in the United States, even though host include updated itemized price lists that 17. Exchange visitor monitoring and placement leads may have been initially adhere to any Department-initiated assistance. The Department will recommended to the sponsor by a template. continue to require, as set forth in foreign third party. In addition, In order to promote transparency for proposed paragraph 62.32(p), that sponsors should develop their own potential exchange visitors, the sponsors maintain, at a minimum, forms and other information-gathering Department proposes in paragraph monthly personal contact with exchange documents when they work with host 62.32(q)(6) that a sponsor place visitors. The Department wishes to entities in the United States; these information about each of its foreign clarify that sponsors should make actual should not be provided by third party third parties on the sponsor’s main Web contact with each exchange visitor and entities. site (i.e., with a visible link to this page ascertain how his or her program is Because the Summer Work Travel on the sponsor’s homepage). The Web progressing. The sponsor must program is first and foremost a public site entry must include the foreign third communicate in a way that elicits an diplomacy and cultural exchange party’s official name, headquarters exchange visitor response (in writing program, if utilizing the services of address, and specific program functions through email or by telephone or foreign third parties, sponsors must, performed (e.g., recruitment and telephone message) that provides clarity under proposed paragraph 62.32(q)(1), overseas orientation of exchange as to the exchange visitor’s well-being. select only those that market the visitors, initial identification of host In addition, the Department intends for Summer Work Travel program as a entities). This will give potential sponsors to be proactive during their cultural and educational program with a applicants to the program a way to monitoring in assessing exchange 32- to 65-hour per week work check that any third party or outside visitors’ overall health, safety, and component rather than a labor program. entity that approaches them plays a welfare and address appropriately and As proposed in paragraph legitimate role in the sponsor’s program in a timely manner issues identified 62.32(q)(1)(ii), sponsors must use only administration. through their monitoring; provide foreign third parties that have a fixed In accordance with § 62.2 and as assistance to exchange visitors as office address, employees with provided in proposed paragraph requested; and serve as information professional experience in the service(s) 62.32(q)(8), failure by any foreign third resources, facilitators, and counselors the foreign third party provides, an party to comply with the regulations or upon an exchange visitor’s request. (See organizational mission applicable to with any additional terms and proposed paragraph 62.32(p)(2)–(6)). cultural and educational exchange, and conditions governing administration of Sponsors must document all efforts to a secure system to collect, protect, and the Exchange Visitor Program will be resolve problematic placements and dispose of the personal data of potential imputed to the sponsor by the efforts to contact non-responsive and actual program exchange visitors Department. And, pursuant to proposed exchange visitors before termination. (e.g., a digital security system for paragraph 62.32(q)(8), sponsors are Sponsors must conduct monitoring of intrusions if the data is maintained required to ensure that foreign third their exchange visitors and facilitate electronically, a securely locked file parties know and comply with all Department oversight and visits to cabinet if collected in paper format). Of applicable Departmental regulations and placement locations. In addition, great importance is that third parties guidance. sponsors should inform host entities have a secure system in place to dispose The Department proposes in about the Department’s monitoring of exchange visitor applications and paragraph 62.32(r) that sponsors process. Sponsors must be prepared to other documents that have personal data thoroughly vet their foreign third incorporate additional monitoring steps on them (e.g., through shredding). parties. At a minimum, a sponsor must at the suggestion of the Department in As proposed in paragraph annually review current documentation order to resolve efficiently any problems 62.32(q)(1)(iv), sponsors must ensure for each of its foreign third parties as that come to the Department’s attention that their foreign third parties charge part of the vetting process to ensure that regarding the Summer Work Travel exchange visitors only fees and costs the third party is legally authorized to program. that are permissible under regulation, conduct business where it operates; is 18. Sponsor use and vetting of foreign transparent, justifiable in terms of solvent, as determined through an third parties. The Department expects services provided, and legal. In examination of its recent financial that sponsor use of foreign third parties accordance with proposed paragraph statements; is reputable, as evidenced be as transparent as possible and that 62.32(d)(9), it is not permissible to by references from business associates sponsors be substantially require an exchange visitor to remit a or partner organizations; does not have knowledgeable of and closely oversee portion of his or her income earned in legal judgments against it or pending the actions of any foreign third parties the United States to an overseas legal actions or complaints; and has staff with which they work. The Department business entity. all of whom have undergone criminal has seen instances of sponsors Sponsors must adequately orient their background checks. These are very delegating most of the responsibility for foreign third parties on the purpose and important aspects for sponsors to their Summer Work Travel program to intent of the Exchange Visitor Program, consider as they select and vet foreign third parties, many of which are as set forth in proposed paragraph third parties. Such foreign third parties domiciled abroad. Because many third 62.32(q)(3), as well as provide come into direct contact with exchange parties recruit exchange visitors in an regulatory updates about the Exchange visitor program applicants and

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participants, and the reputation of the in the United States; implement cross- the Federal Register (Public Notice Summer Work Travel program is cultural activities for the exchange 7677) stating that, until further notice, dependent upon the financial and visitor, which is a central aspect of such Summer Work Travel program sponsors operational stability of those third a public diplomacy program; orient the in business for the full 2011 calendar parties. As proposed in paragraph exchange visitor on what is permitted year would not be permitted to expand 62.32(q)(9), a sponsor may not use a and not permitted on the program; serve their number of program participants foreign third party if the Department has as a point of contact throughout that beyond their actual total 2011 determined and informed the sponsor exchange visitor’s time in the United participant program size (a cap) and that that the third party does not meet the States; or provide transportation for the no new applications from prospective requirements of proposed paragraph exchange visitor. The experience of the sponsors for Summer Work Travel 62.32(q)(1). exchange visitor and the reputation of program designation would be accepted 19. Sponsor use and vetting of the Summer Work Travel program are (a moratorium). The cap has meant that domestic third parties. In proposed protected by assessing whether the third designated sponsors may not increase paragraphs 62.32(d)(4) and 62.32(s)(2), party, at a minimum, legally operates in the number of exchange visitors domestic third parties providing initial the United States; has disclosed any participating in their Summer Work identification of host entities, bankruptcy, complaints, pending legal Travel programs beyond their current implementing cross-cultural activities actions, or adverse judgments; and has allotment of Forms DS–2019 (i.e., they for exchange visitors, serving as a local liability insurance sufficient to cover the cannot request program expansion point of contact and orientation for activities it provides in connection to under § 62.12(d)(2)). The Department exchange visitors, or providing housing the Summer Work Travel program. intends to re-evaluate the cap and the assistance and transportation for the Requiring sponsors to enter into a moratorium upon completion of this program now must be covered under fully executed written agreement with rulemaking and invites public comment. written agreement with the sponsor. In both foreign and domestic third party proposed paragraph 62.32(s)(4), these entities (proposed paragraphs Regulatory Analysis third parties also must be listed on the 62.32(q)(2) and (s)(2)) will provide more Administrative Procedure Act sponsor’s main Web site, noting each oversight than the previously informal party’s official name, headquarters agreements sponsors may have relied The Department of State is of the address, and the specific program upon for such services, and will better opinion that administration of the functions performed. As proposed in protect the health, safety, and welfare of Exchange Visitor Program, including the paragraph 62.32(s)(1), sponsors must exchange visitors. It will also ensure Summer Work Travel program category, use only domestic third parties that that the sponsor acknowledges in is a foreign affairs function of the U.S. have a fixed office address; employees writing that the third party is in a legal Government and that rules with professional experience in the relationship with that sponsor in regard implementing this function are exempt service(s) the domestic third party to that third party’s contribution to the from Section 553 (Rulemaking) and provides; a willingness to learn about Exchange Visitor Program and what Section 554 (Adjudications) of the and contribute through provided specific services that sponsor expects Administrative Procedure Act (APA). As services to the public diplomacy the third party to provide to exchange reflected in the Fulbright-Hays Act, the mission of the Summer Work Travel visitors. purpose of such programs is to increase program; and, if the organization 20. Reporting requirements. As ‘‘mutual understanding’’ between the collects applications or other materials proposed in paragraph 62.32(u)(1), people of the United States and those of with the personal data of prospective or sponsors must report to the Department, other countries, ‘‘unite us with other actual exchange visitors, a secure within 30 days of conclusion, any new nations,’’ and ‘‘promote international system to collect, protect, and properly written agreement they have made with cooperation.’’ Pursuant to law, policy, dispose of such data. a foreign third party and the name of and longstanding practice, the Sponsors will be required to supervise and contact information for that foreign Department of State has supervised, and monitor carefully their third parties’ third party. A sponsor also must notify either directly or through private sector program-related activities to ensure that the Department within 30 days after program sponsors or grantee the third party is in compliance with the ceasing to work with a foreign third organizations, those foreign nationals Exchange Visitor Program regulations. party previously reported. Each sponsor who come to the United States as Sponsors must not refer any potential must keep the list of foreign third exchange visitors in exchange visitor exchange visitor applicants to a parties up-to-date with the Department programs, one of which is the Summer domestic third party that is not covered so that the Department can ensure Work Travel Program. Exchange visitors by a written agreement. Sponsors that program office and consular office in the Summer Work Travel Program engage another designated sponsor as a worldwide awareness of whether or not come to the United States currently third party do not need to vet that foreign third parties are operating on from approximately 125 countries. sponsor, but must require that the third behalf of the Summer Work Travel When problems occur in a program such party sponsor provide proof of current program, both within the United States as this, foreign governments often Department designation. and abroad. It also will require sponsors directly engage the Department of State Sponsors must vet domestic third to submit each year by December 1 a regarding the treatment of their parties in accordance with the report of itemized exchange visitor price nationals, regardless of who is requirements set forth in proposed lists with breakdowns of the costs that responsible for the problems. paragraph 62.32(t). These are very exchange visitors must pay each A major purpose of this rulemaking is important aspects for sponsors to sponsor and foreign third party by to put in place extra measures to protect consider as they select and vet domestic country in order to participate in the the health, safety, and welfare of foreign third parties. Such domestic third program. nationals entering the United States to parties may initially identify host 21. Re-evaluation of exchange visitor participate in the Summer Work Travel entities where exchange visitors are cap and moratorium on sponsors. On Program then returning to their placed, which placement will materially November 7, 2011, the Office of Private countries of nationality or last legal impact the exchange visitor’s experience Sector Exchange published a notice in permanent residence upon completion

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of their programs. A number of foreign implications, will not impose • Exchange visitor pre-placement at governments have informed the substantial direct compliance costs on host entities. The Department estimates Department that they regard this Indian tribal governments, and will not that there will be no new costs and that program as important to their bilateral preempt tribal law. Accordingly, the the cost will be $260,000 (26,000 relationship with the United States and requirements of Executive Order 13175 exchange visitors under the purview of to their nationals who seek to do not apply to this rulemaking. small sponsors multiplied by 1 hour participate. Participating countries look Regulatory Flexibility Act/Executive multiplied by $10 per exchange visitor). to the Department to protect their Order 13272: Small Business Impacts Placement includes finding a host entity nationals. The Department is of the view at which the exchange visitor may that failure to protect the health and Since the Department is of the conduct the work component of the welfare of these foreign nationals can opinion that this rule is exempt from 5 exchange and identifying information have direct and substantial adverse U.S.C. 553, the Department is also of the about the work component, such as effects on the foreign affairs of the view that this rule is not subject to the hourly wage, activities of the job, United States. Regulatory Flexibility Act (5 U.S.C. 601, whether any heavy lifting or other The Department emphasizes that et seq.) and Executive Order 13272. physical labor is involved, whether many provisions of this proposed rule— However, to inform the public as to the there are any training requirements, indeed, the majority—reflect careful costs and burdens of the this rule upon whether there are any meals that may be consideration of public comments designated program sponsors, the taken onsite, whether there are costs to received on two previous Interim Final Department notes that, if adopted in the exchange visitors for the host entity Rules issued on May 11, 2012, and April full, the changes proposed herein will placement, and so forth. 26, 2011 (see the citations in the affect the operations of 41 corporate, • Exchange visitor host re-placement. ‘‘Supplemental Information’’ section of academic, and tax-exempt program It is estimated that there may be as this Notice, above). Members of the sponsors designated by the Department many as 725 re-placements or additional public submitted detailed comments, to conduct the Summer Work Travel placements by small sponsors and the and this proposed rule has benefited Program. Further information follows. cost to small sponsors will be 0.5 hours from those comments. A number of Numbers of Small Businesses of sponsor administrative staff time provisions within this proposed rule are Of the 41 current designated sponsors multiplied by $10 (Bureau of Labor new, based on additional monitoring of in the Summer Work Travel category, 29 Statistics estimated hourly wages for the program that the Department has sponsors or 70 percent of the total had seasonal administrative workers) conducted and meetings with sponsors annual revenues of less than $7 million multiplied by 725 or a total of $3,625. about their current experience in in 2015. These 29 small program This is not a new cost to sponsors. conducting this program. sponsors accounted for approximately However, the cost was previously Although the Department is of the calculated as part of placement and has opinion that this rule is exempt from the 26,000 exchange visitors on the Summer Work Travel program in 2015, or 28.8% now been separated out. rulemaking provisions of the APA, the • of the average total number (90,000) of Sponsor vetting of host entities. The Department is publishing this rule as a Department estimates that the cost for proposed rule, with a 45-day provision exchange visitors on the Summer Work Travel program (averaged over the past vetting host entities will be $91,000 for for public comment and without all sponsors collectively (7,000 host prejudice to its determination that the three calendar years (2013–2015)). • Transparency: Proposed fee and entities associated with small sponsors Exchange Visitor Program is a foreign wage transparency requirements include multiplied by 0.5 man hours multiplied affairs function. the requirement to provide sample by $26). This is not a new cost. Small Business Regulatory Enforcement budgets and a breakdown of all fees that • Facilitating the placement of Fairness Act of 1996 an exchange visitor pays. The exchange visitors in appropriate and affordable housing. The Department This proposed rule is not a major rule Department estimates cost for 29 small estimates the cost at $260,000 (26,000 as defined by 5 U.S.C. 804 for the sponsors multiplied by 1 burden hour at exchange visitors multiplied by 1 hour purposes of Congressional review of $26 weighted wage (i.e., including staff multiplied by $10 per hour for agency rulemaking under the Small benefits), in accordance with Bureau of administrative staff wage). This is not a Business Regulatory Enforcement Labor Statistics (National Compensation Survey, Monthly Labor Review, January new cost. Fairness Act of 1996 (5 U.S.C. 801 et • seq.). 2016) and the salary figures for entry-to- Preparing and disseminating Form junior-level or ‘‘other services’’ staff at DS–7007. The Department estimates that Unfunded Mandates Reform Act of 1995 non-profit or for profit organizations it will take sponsors a total of 1.25 hours This proposed rule will not result in (also junior contractors) working on to complete both parts of the form at a the expenditure by State, local and administering daily program activities, cost of $868,563 (26,725 exchange tribal governments, in the aggregate, or or $754. This is a new cost to sponsors. visitors (including re-placements) by the private sector, of $100 million in • Sponsor screening of candidates for multiplied by 1.25 hours multiplied by any year and it will not significantly or eligibility and selection. The $26 weighted wage per hour). This cost uniquely affect small governments. Department estimates the cost at 0.5 includes completion of both the main Therefore, no actions were deemed hours per exchange visitor (26,000 form and the housing addendum. This necessary under the provisions of the exchange visitors under the purview of is a new cost for sponsors. Unfunded Mandates Reform Act of small sponsors) multiplied by $26 per • Orientation documentation for 1995. weighted wage, or $338,000. This is not exchange visitors: The Department a new cost for sponsors. However, the estimates the cost of sponsors’ providing Executive Order 13175—Consultation cost, now set forth in proposed orientation-related materials to 26,000 and Coordination with Indian Tribal paragraph (e)(1) of the proposed rule, exchange visitors under the purview of Governments was previously calculated as part of small sponsors at 0.5 hours multiplied The Department has determined that placement (paragraph (g) of the 2012 by $26 weighted wage per hour, or this rulemaking will not have tribal IFR) and has now been separated out. $338,000. This is not a new cost.

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• Cross-cultural activities. Small having fewer than 500 exchange visitors requirements for the Summer Work sponsors (or their host entities) must in the Summer Work Travel category. Travel category, as well as all Exchange plan cross-cultural activities for The largest of this number had Visitor Program categories, are driven exchange visitors, with one cross- permission from the Department to host almost exclusively by considerations of cultural activity being planned each 477 exchange visitors and would under the health and safety of the exchange calendar month during which exchange the proposed regulation incur total costs visitor, and any impact on foreign visitors are on program. Exchange of $73,458, and new costs of $46,746, or relations with the visitor’s home visitors are, on average, in the program four percent of revenue. The smallest of country. These considerations constrain for a period of four months. Planning this number had permission to host five the number of feasible alternatives to and carrying out the cross-cultural exchange visitors and would under the the requirements proposed in this activities is calculated at 7,000 small proposed regulation incur total new Notice of Proposed Rulemaking. That business host entities of exchange costs of $490, or less than one percent said, the Department requests comment visitors multiplied by six hours (four for of revenue. on other possible alternatives that planning and two for implementation of Last calendar year, there were twelve would meet the objectives of this one activity) over the course of the sponsors with permission to host rulemaking in a less costly manner for summer (one per calendar month of the between 500 and 2,000 exchange small entities. summer work travel program period visitors in the Summer Work Travel equals four total) at $10 per hour category. Of these, the largest had Executive Order 12866 and Executive administrative staff wage; this equals permission to host 1,934 exchange Order 13563 $1,680,000. The time commitment to visitors and would under the proposed As discussed above, the Department is plan an activity for exchange visitors regulation incur a total cost of $297,836, of the opinion that the subject of this could be less for many host entities, and total new costs of $189,532, or rulemaking constitutes a foreign affairs given that the entity is not required to around nine percent of revenue. The function of the United States, and thus plan a complex cultural activity. This is smallest sponsor in this group had is exempt from the provisions of a new cost. permission to host 555 exchange visitors Executive Order 12866. The Department • Exchange visitor monitoring and and under the proposed regulation has nevertheless reviewed this assistance: It is estimated that small would incur a total cost of $85,470 or rulemaking to ensure its consistency sponsors will spend 30 minutes per around eight percent of revenue and with the regulatory philosophy and exchange visitor to monitor exchange new costs of $54,390, or around six principles set forth in Executive Orders visitor activities throughout the program percent of revenue. 12866 and 13563. This rulemaking has cycle, including checking on exchange Last calendar year, there were five been reviewed by the Office of visitor health, safety and welfare, sponsors with permission to host more Information and Regulatory Affairs, resolving placement problems, and than 2,000 exchange visitors. The largest which has designated it a significant contacting less responsive participants, of these were able to host 5,569 rule pursuant to Executive Order 12866. exchange visitors and would under the at an annual cost of $130,000 for In order to inform the public as to the proposed regulation incur a total cost of sponsors collectively (26,000 exchange costs and benefits of this rule, the $857,626, or eight percent of revenue visitors multiplied by 0.5 multiplied by Department presents the following $10 per hour administrative staff wage). and total new costs of $545,762, or six information. This is not a new cost to sponsors. percent of revenue. The smallest of • Sponsor use and vetting of foreign these were permitted to host 2,311 and Affected Population. The Department and domestic third parties. The would incur under the proposed estimates that this rule will affect 41 Department estimates that small regulation total costs of $355,894 and current designated sponsors hosting sponsors will use and vet around 252 total new costs of $226,478. approximately 90,000 exchange visitors foreign and 280 domestic third parties. The Department considered whether annually and working with an estimated The Department estimates that it will alternative approaches for small 26,000 host entities and 1,900 foreign cost small sponsors two hours to businesses could adequately protect the and domestic third parties. Sponsors conclude an agreement and vet each safety and welfare of exchange visitors facilitate the Exchange Visitor Program third party at a cost of $26 weighted while reducing costs to small entities. and provide the necessary information, wage per hour, or $27,664. This is not For example, the Department support, and guidance for exchange a new cost. considered requiring cross-cultural visitors. • Reporting requirement. Sponsors activities less frequently for small Costs. Implementation of certain will only need to submit the foreign sponsors and/or host entities. However, provisions set forth in this proposed third party (formerly foreign entity) the Department has a mandate to ensure rule may result in costs for sponsors. A names and contact information and cross-cultural engagement for all cost breakdown of old and new costs is their price lists. The twice-yearly visitors, and a monthly requirement noted below: placement report is no longer required, provides a minimum level of cross- • Transparency: Proposed fee and as the Department can retrieve this cultural engagement to meet the wage transparency requirements, information from existing SEVIS files. It objectives of the Fulbright-Hays Act. including the requirement to provide is estimated that the 29 small sponsors The Department also considered the sample budgets and a breakdown of all will spend one hour on each of two requirement to complete a DS–7007 on fees and estimated costs that an reporting requirements multiplied by housing and host entity placement for exchange visitor pays. The Department $26 per man hour, or $1,508. This is not small businesses and considered estimates cost at 41 sponsors multiplied a new cost. whether small entities could be given by 1 hour at $26 weighted wage, in The total cost of all regulatory additional time for compliance. The accordance with Bureau of Labor provisions per small sponsor exchange Department decided against this Statistics salary figures for entry-to- visitor is $154; total cost of all new proposal due to the need to provide junior-level non-profit organization staff regulatory provisions per small sponsor adequate information about the host or contractors working on administering exchange visitor is $98. Last calendar entity and housing available to all daily program activities, or $1,066. This year, there were 13 small sponsors visitors to the United States. The is a new cost to sponsors.

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• Sponsor screening for candidate • Preparing and disseminating Form as sponsors make agreements with such eligibility and selection: The DS–7007: The Department estimates that third parties, and also submit third Department estimates the cost at 0.5 it will take sponsors (or their host party price lists. The twice-yearly hours per exchange visitor (90,000) entities) a total of 1.25 hours to placement report is no longer required, multiplied by $26 per weighted wage or complete both parts of the form at a cost as the Department can retrieve this $1,170,000. This is not a new cost for of $3,006,250 (92,500 exchange visitors information from existing SEVIS files. It sponsors; it was previously calculated (including re-placements) multiplied by is estimated that sponsors will spend as part of placement, and has now been 1.25 multiplied by $26 weighted wage one hour on each of two reporting separated out. per hour). This cost includes requirements multiplied by $26 per man • Exchange visitors for providing completion of both the main form and hour, or $2,132. This is not a new cost. required eligibility and screening the housing addendum by the sponsor Total Costs. The Department information: The Department estimates (or the host entity). This is a new cost estimates the total cost of this proposed the cost at 1 hour per exchange visitor for sponsors. rule to all designated sponsors in the • (90,000) multiplied by $1 or $90,000. Orientation documentation: The Summer Work Travel program category This is not a new cost, but has been Department estimates the cost of at $14,382,061 each year, of which up added to cost calculations for the first sponsors’ providing orientation-related to $9,340,629 would be new costs, time and is thus calculated as a new materials to 90,000 exchange visitors at mainly having to do with better cost. The exchange visitors submitting 0.5 hours multiplied by $26 weighted documenting the host placement and eligibility information to the program wage per hour, or $1,170,000. This is ensuring that cross-cultural activities not a new cost. are part of the program for all exchange are students in their home countries and • are unlikely to be paid an hourly wage. Cross-Cultural activities: Sponsors visitors. Total costs of the proposed • Exchange visitor pre-placement at (or their host entities) must plan cross- regulation per exchange visitor would host entities: The Department estimates cultural activities for exchange visitors, be $160 and total new costs per with one cross-cultural activity being that there will be no new costs and that exchange visitor would be $104. planned each calendar month during Benefits. This proposed rule is a the cost will be $900,000 (90,000 which exchange visitors are on program. continuation of Department efforts exchange visitors multiplied by 1 hour Exchange visitors are, on average, on based on a comprehensive review of the multiplied by $10 per exchange visitor). program for a period of four months. current Summer Work Travel program Sponsors generally place exchange Planning and carrying out the cross- category of the Exchange Visitor visitors from a contact list that is used cultural activities is calculated at 26,000 Program. The rule predominantly year-to-year and updated through public host entities for exchange visitors enhances sponsor requirements for notice or current contacts. • multiplied by six hours (four for programmatic, partnership, and fee/cost Door-to-door sales placements: The planning and two for implementation of transparency and vetting of domestic Department estimates that the cost to one activity) over the course of the entities. These enhancements are the one sponsor making such summer (one event per calendar month necessary to continue the reform efforts placements to execute an agreement of the summer work travel program of the Summer Work Travel category explaining in detail 1,325 exchange period equals four total) at $10 per hour that began with the 2011 and 2012 IFRs. visitor’s duties will be 0.5 hours administrative staff wage equals Events that occurred prior to 2011 led multiplied by $5 per exchange visitor, $6,240,000. This is a new cost. the Department to enhance its scrutiny or $3,313. This is a new cost to one • Exchange visitor monitoring and of the Summer Work Travel category current sponsor. assistance: It is estimated that sponsors and amend regulations to protect • Exchange visitor host re-placement: will spend 30 minutes per exchange exchange visitors. Additionally, in It is estimated that there may be as visitor to monitor exchange visitor recent years, the work component of the many as 2,500 re-placements or activities throughout the program cycle, Summer Work Travel category has too additional placements and the cost to including checking on exchange visitor often overshadowed the cultural sponsors will be 0.5 hours of sponsor health, safety and welfare, resolving component required by the Fulbright- administrative staff time multiplied by placement problems, and contacting less Hays Act. $10 Bureau of Labor Statistics estimated responsive participants, at an annual Accordingly, the Department issued hourly wages for seasonal cost of $450,000 for sponsors the 2012 IFR to address issues most administrative workers multiplied by collectively (90,000 exchange visitors directly affecting the health, safety, and 2,500 or a total of $12,500. This is not multiplied by 0.5 multiplied by $10 per welfare of the exchange visitors and to a new cost to sponsors; it was hour administrative staff wage). This is reinforce the cultural exchange aspects previously calculated as part of not a new cost to sponsors. of the program to promote mutual placement and has now been separated • Sponsor use and vetting of foreign understanding in accordance with the out. and domestic third parties: The purpose of the Fulbright-Hays Act. • Sponsor vetting of host entities: The Department estimates that sponsors will Changes made by 2012 IFR were Department estimates that the cost for make agreements with and vet around intended to protect the health, safety, vetting host entities will remain at 900 foreign and 1000 domestic third and welfare of exchange visitors by $338,000 for all sponsors collectively parties. The Department estimates that it reducing the number of improper or (26,000 host entities multiplied by 0.5 will cost sponsors two hours to unsafe job placements, fraudulent job man hours multiplied by $26). This is conclude an agreement and vet each offers, post-arrival job cancellations, not a new cost. third party at a cost of $26 weighted inappropriate work hours, and problems • Facilitating the placement of wage per hour, or $98,800. This is not regarding housing and transportation. exchange visitors in appropriate and a new cost. However, as the Department has affordable housing: The Department • Reporting requirements: There will increased its monitoring of the program estimates the cost at $900,000 (90,000 be a decrease in reporting requirements. and received additional sponsor input, exchange visitors multiplied by 1 hour Sponsors will only need to submit the it also has seen the need to make the multiplied by $10 per hour). This is not foreign third party (formerly foreign proposed rule more specific than the a new cost. entity) names and contact information 2012 IFR in certain sections, so that

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exchange visitors are provided Form DS–7000 • Average Hours per Response for the assurance that sponsors have a formal Title: Recording, Reporting, and Data Summer Work Travel Program: 92 agreement with each of the domestic minutes. Collection Requirements—Student and • and foreign entities that work with Exchange Visitor Information System Total Estimated Burden Time for exchange visitors; certainty in what (SEVIS), Form DS–7000. the Exchange Visitor Program: 2,182,518 their host placement will entail and in hours (DS–3036—480 hours; DS–3037— what housing will be provided; and FOR FURTHER INFORMATION CONTACT: 943 hours; DS–7000—2,181,095 hours transparency about the total cost of the Direct requests for additional (SEVIS = 9,144 and Non-SEVIS = program balanced against wages they information regarding the collection 2,171,951 hours). can expect to earn while in the United listed in this notice, including copies of • Total Estimated Burden Time for States. the proposed collection instrument and the Summer Work Travel Program: supporting documents, to the U.S. For the reasons outlined above, the 1,061,062. For a complete analysis of Department of State, Office of Policy the estimated burden for Exchange Department considers that the costs of and Program Support, SA–5, 2200 C this proposed rulemaking are Visitor Program requirements, please Street NW., Floor 5, Washington, DC refer to the Supporting Statement titled outweighed by: (1) The benefits of 20522. increased protection and transparency Form DS–7000—Recording, Reporting SUPPLEMENTARY INFORMATION: and Data Collection Requirements— for exchange visitors, enhancing both • their experiences and U.S. foreign Title of Information Collection: 45- Student and Exchange Visitor policy; and (2) closer adherence to the Day Notice of Recording, Reporting, and Information System (SEVIS) (OMB No. purpose of the Fulbright-Hays Act. Data Collection Requirements—Student 1405–014) and ‘‘SEVIS’’ and ‘‘Non- and Exchange Visitor Information SEVIS’’ spreadsheets included in docket Executive Order 12988 System (SEVIS), DS–7000. number DOS–2016–0038. • OMB Control Number: 1405–0147. • Frequency: On occasion. The Department of State has reviewed • Type of Request: Revision of a • Obligation to Respond: Required for this proposed rule in light of Sections Currently Approved Collection. participation in the program. 3(a) and 3(b)(2) of Executive Order • Originating Office: Bureau of We are soliciting public comments to 12988 to eliminate ambiguity, minimize Educational and Cultural Affairs, ECA/ permit the Department to: litigation, establish clear legal EC. • Evaluate whether the proposed standards, and reduce burden. • Form Number: Form DS–7000. information collection is necessary for Executive Orders 12372 and 13132 • Respondents: Exchange Visitors, the proper functions of the Department; host entities, and entities designated by • Evaluate the accuracy of our This proposed regulation will not the Department of State as Exchange estimates of the time and cost burden have substantial direct effect on the Visitor Program sponsors in the Summer for this proposed collection; states, on the relationship between the Work Travel category. • Enhance the quality, utility, and national government and the states, or • Estimated Total Number of clarity of the information to be on the distribution of power and Respondents for the Exchange Visitor collected; and responsibilities among the various Program: 191,675 (DS–3036—60; DS– • Minimize the reporting burden on levels of government. Therefore, it is 3037—1,415; DS–7000—190,200). The those who are to respond, including the determined that this proposed rule does total respondent summary for Summer use of automated collection techniques not have sufficient federalism Work Travel requirements is as follows: or other forms of information implications to require consultations or technology. warrant the preparation of a federalism Respondent Estimate Please note that the comments summary impact statement. Executive Exchange visitor ...... 90,000 submitted in response to this rule are Order 12372, regarding public record. Before including any intergovernmental consultation on Sponsor ...... 41 Host entities ...... 26,000 detailed personal information, you federal programs and activities, does not should be aware that your comments as apply to this regulation. Total ...... 116,041 submitted, including your personal Paperwork Reduction Act—DS–7000 information, will be available for public • Estimated Number of Responses for review. The information collection the Exchange Visitor Program: 1,952,655 Abstract of proposed collection: The requirements contained in this proposed (DS–3036—60; DS–3037—2,830; DS– collection is the continuation of rule are pursuant to the Paperwork 7000—1,949,765 (SEVIS = 20,977 and information collected and needed by the Reduction Act, 44 U.S.C. 3501 et seq., non-SEVIS = 1,928,788 responses)). Bureau of Educational and Cultural and OMB Control Number 1405–0147, Number of responses for the Summer Affairs in administering the Exchange Form DS–7000. As part of this Work Travel Program: 690,307. For a Visitor Program. The changes proposed rulemaking, the Department is seeking complete analysis of the number of are only to Form DS–7000. comment regarding the additional responses for Exchange Visitor Program Methodology: The collection will be administrative burden placed on requirements, please refer to the submitted to the Department by mail or sponsors due to the corresponding Supporting Statement titled Form DS– fax as requested by the Department requirements for the sponsors to 7000—Recording, Reporting and Data during the review of program sponsor disclose, collect, and maintain Collection Requirements—Student and files, re-designations, incidents, etc. information in the administration of Exchange Visitor Information System their programs (see 22 CFR 62.10(f)). (SEVIS) (OMB No. 1405–014) and Form DS–7007 You should include the DS form ‘‘SEVIS’’ and ‘‘Non-SEVIS’’ Title: 45-Day Notice of Proposed number (if applicable), information spreadsheets included in docket number Information Collection: Form DS–7007, collection title, and/or OMB control DOS–2016–0038. Summer Work Travel—Host Placement number in any correspondence about • Average Hours per Response for the Certification, OMB Control Number burden. Exchange Visitor Program: 68 minutes. 1405–xxxx.

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ACTION: Notice of request for public • Estimated Number of Responses: The Housing Addendum will describe comments. 92,500. the housing and local transportation and • SUMMARY: The Department of State is Average Hours per Response: 1.25 cost (either weekly or monthly), seeking Office of Management and hours. distance to the site of activity at the host Budget (OMB) approval for the • Total Estimated Burden Time: entity, need for an exchange visitor information collection described below. 115,625 hours. housing deposit; utilities covered in rent In accordance with the Paperwork • Frequency: On occasion. and those that the exchange visitor must Reduction Act of 1995, we are • Obligation to Respond: Mandatory. pay separately; whether deductions for requesting comments from all interested We are soliciting public comments to housing or local transportation will be individuals and organizations on this permit the Department to: taken from exchange visitors’ wages, collection as it relates to proposed • Evaluate whether the proposed number of other tenants; housing changes to 22 CFR 62.32. The purpose information collection is necessary for features and description (including of this notice is to allow 45 days for the proper functions of the Department; numbers of bedrooms and bathrooms); public comment in the Federal Register • Evaluate the accuracy of our and whether there is a firm contract for preceding submission to OMB. estimates of the time and cost burden the housing that the exchange visitor must sign for a fixed period of time. The DATE(S): The Department will accept for this proposed collection; • Enhance the quality, utility, and Housing Addendum page must state the comments from the public up to 45 days market value of housing and/or local from February 27, 2017. clarity of the information to be collected; transportation. ADDRESSES: You may submit comments • Upon request, Summer Work Travel identified by any of the following Minimize the reporting burden on those who are to respond, including the applicants must present a fully executed methods: Summer Work Travel Host Placement use of automated collection techniques • Web: Persons with access to the Certification (Form DS–7007) to any or other forms of information Internet may view and comment on this Consular Official interviewing them in technology. notice by going to connection with the issuance of a J–1 Please note that the comments www.regulations.gov.You can search for visa. the document by entering ‘‘Docket submitted in response to this Notice are Methodology: The collection will be Number: DOS–2016–0005’’ in the public record. Before including any submitted to the Department by mail or Search Field. Then click the ‘‘Comment detailed personal information, you fax as requested by the Department Now’’ button and complete the should be aware that your comments as during the review of program sponsor comment form. submitted, including your personal files, re-designations, incidents, etc. • information, will be available for public Email: [email protected]. List of Subjects in 22 CFR Part 62 • Mail (paper, disk, or CD–ROM review. submissions): U.S. Department of State, Abstract of proposed collection: This Cultural exchange programs, Office of Policy and Program Support, collection of information is needed by Reporting and recordkeeping SA–5, 2200 C Street NW., Floor 5, the Bureau of Educational and Cultural requirements. Washington, DC 20522. Affairs in administering the Exchange Accordingly, 22 CFR part 62 is Visitor Program (J-Visa) under the proposed to be amended as follows: You must include the form number provisions of the Mutual Educational (DS–7007 or 7000), information and Cultural Exchange Act of 1961, as PART 62—EXCHANGE VISITOR collection title, and OMB control amended. Summer Work Travel Host PROGRAM number (if any) in any correspondence. Placement Certification Forms are to be FOR FURTHER INFORMATION CONTACT: completed by designated program ■ 1. The authority citation for Part 62 is Direct requests for additional sponsors (with reference to some revised to read as follows: information regarding the collections information provided by host entities). Authority: 8 U.S.C. 1101(a)(15)(J), 1182, listed in this notice, including copies of A Host Placement Certification (Form 1184, 1258; 22 U.S.C. 1431 et seq.; 22 U.S.C. the proposed collection instruments and DS–7007) is required for each Summer 2451 et seq.; 22 U.S.C. 2651a; Pub. L. 105– supporting documents, to the U.S. Work Travel participant. It will set 277, Div. G, 112 Stat. 2681 et seq.; Department of State, Office of Policy forth: Location and description of the Reorganization Plan No. 2 of 1977, 42 FR and Program Support, SA–5, 2200 C 62461, 3 CFR, 1977 Comp. p. 200; E.O. 12048 host placement; number of employees of March 27, 1978; Pub. L. 104–208, Div. C, Street NW., Floor 5, Washington, DC and other exchange visitors on location; 110 Stat. 3009–546, as amended; section 416 20522. hours of work each week that will be of Pub. L. 107–56, 115 Stat. 354; and Pub. L. SUPPLEMENTARY INFORMATION: offered the exchange visitor; duties, 107–173, 116 Stat. 543. • Title of Information Collection: wages, expected training period, if any; ■ 2. Section 62.32 is revised to read as Exchange Visitor Program—Summer physical demands of the host follows: Work Travel Host Placement placement; any placement-related Certification. benefits or amenities; total itemized fees § 62.32 Summer Work Travel. • OMB Control Number: 1405–xxxx. and estimated costs of the program (a) Purpose. Together with other • Type of Request: New Collection. charged by sponsors, host entities, and applicable provisions of 22 CFR part 62, • Originating Office: Bureau of third parties (noting those that are the regulations in this section govern Educational and Cultural Affairs, ECA/ mandatory and optional), that that participation in the Summer Work EC. exchange visitor will incur; explanation Travel program category conducted by • Form Number: Form DS–7007. of costs and deductions for benefits and U.S. Department of State-designated • Respondents: Entities designated by mandatory and optional deductions sponsors. The purpose of this program the Department of State as Exchange (noting those that are mandatory and is to provide foreign college or Visitor Program sponsors in the Summer optional); and meals included at host university students (or those recently Work Travel category. entity. Form DS–7007 must be signed by graduated) the opportunity, during their • Estimated Number of Respondents: the sponsor, the sponsor’s host entity, breaks between or immediately 41. and the exchange visitor. following academic years, to:

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(1) interact with U.S. persons and 7007 and DS–2019; providing an other typical exchange visitor costs, experience the culture and customs of orientation for host entities; finding, including estimated housing costs and the United States through authorized approving, and verifying (as applicable) estimated costs for cultural activities, in placements and cross-cultural activities; exchange visitor housing; and its posting. Actual fees that should be (2) share their individual cultural conducting monitoring of exchange itemized include the following, as experiences and background with U.S. visitors and their host placements applicable: Program fee (with an friends, colleagues and communities; within the United States. These explanation of what this includes); fees (3) improve their command of the activities must be conducted by for recruitment, interview and English language; employees of the sponsor. screening, placement, arrival/ (4) earn funds to help defray a portion (2) A sponsor must provide for a pre- orientation services; vetting of re- of their expenses by working in seasonal and post-arrival orientation for placement or additional jobs; health or temporary host placements that exchange visitors. The pre-arrival insurance; expedited application require minimal training; and orientation may be conducted by review; document translation; and fees (5) travel in the United States. sponsor employees or through a foreign related to program administration and (b) Definitions. In addition to those third party with which the sponsor has the Form DS–2019 (such as expedited definitions set forth in § 62.2, the a written agreement (pursuant to form changes, program extensions following definitions apply to the § 62.32(q)(2)), or both. The post-arrival within allowable program windows, Summer Work Travel category of the orientation may be conducted by health insurance extension during grace Exchange Visitor Program: sponsor employees or by the host entity, period, reinstatement, re-placement of (1) Host entity. A person or or both. lost Form DS–2019, SEVIS adjustments, organization that employs an exchange (3) A sponsor may use foreign third and travel validation). No sponsor or visitor. Host entities are not considered parties, in accordance with § 62.32(q), third party may require an exchange ‘‘third parties’’ as that term is used in for recruitment and overseas orientation visitor to remit a portion of his or her this Part. of exchange visitors, and initial earnings in the United States to an (2) Host placement. The location of an identification of host entities. overseas private entity. exchange visitor at a host entity and any (4) A sponsor may use domestic third (10) A sponsor must ensure that any related sponsor-or host entity-arranged parties, in accordance with § 62.32(s), to host entity at which it places an housing of such exchange visitor. provide for initial identification of host exchange visitor hires, remunerates, and (3) Seasonal nature. A host placement entities, implementation of cross- provides supervision for that exchange is of a seasonal nature when the cultural activities for exchange visitors, visitor and is willing and able to assist required service is utilized only at a a local point of contact for exchange the exchange visitor in the absence of certain time of the year (e.g., summer or visitors, orientation of exchange visitors, the sponsor in cases of emergency. winter) when the host entity increases housing assistance, and exchange visitor (11) A sponsor must ensure that an labor levels to accommodate its seasonal transportation. exchange visitor does not change his or increase in business. (5) A sponsor’s third party or host her site of activity at the host entity, (4) Temporary nature. A host entity acts on a sponsor’s behalf in the type of position within the current host placement is of a temporary nature conduct of the sponsor’s exchange placement, or residence without first when a host entity’s need for the duties visitor program, and failure by any third notifying the sponsor. to be performed is a one-time party or host entity to comply with the (e) Exchange visitor screening and occurrence, a peak load need (e.g., the regulations set forth in this part will be selection. need for workers is tied to one or more imputed to the sponsor. (1) A sponsor must verify and seasons or other short-term demand), or (6) A sponsor and its third parties document, prior to each exchange an intermittent need. It is the nature of shall not pay or otherwise provide visitor’s selection, that each exchange a host entity’s need, not the nature of financial incentive to host entities to visitor: the duties, which is controlling. accept exchange visitors for host (i) Will be at least 18 years of age by (c) Duration of participation. placements. the program start date; Exchange visitors on the Summer Work (7) A sponsor must ensure that any (ii) Is, at the time of application, a Travel Program may participate for no fees it or its third parties charge are foreign national post-secondary student more than four months. The program legal, justifiable, and permitted under (including a student in his/her final must coincide with the official break this Part. year) who is enrolled in and actively between the exchange visitor’s academic (8) Sponsor promotional materials pursuing a full-time course of study years or the break immediately must characterize the Summer Work toward a degree at a classroom-based following his or her final academic Travel Program as a cultural and post-secondary academic institution term. In permitting exchange visitor educational program with a work that is physically located outside the participation, a sponsor must adhere to component. United States and is ministerially- the earliest allowable program start date (9) A sponsor must include in its recognized within the national and the latest allowable program end recruiting material, and post on its main education system where the student is date for each country for its exchange Web site, examples of the typical enrolled; applicants must have visitors, as communicated to sponsors monthly budgets of exchange visitors successfully completed at least one by the Department. Extensions beyond placed in various regions of the United term, or equivalent, of post-secondary Department-approved program dates are States to illustrate wages (based on the academic study at the time of not permitted. minimum-required 32 hours of work at application. (d) General sponsor responsibilities. a typical host placement) balanced (iii) Has not participated in more than (1) A sponsor is responsible for against fees and estimated costs. A two previous Summer Work Travel screening prospective exchange visitors sponsor must itemize fees that it and its program exchanges to the United States; as set forth in § 62.32(e); making the third parties will charge, or provide (iv) Has at a minimum a level of final selection of exchange visitors; within the sponsor’s fee list a specific English language proficiency, verified in placing (and re-placing, as necessary) link to a third party’s fee list on the accordance with § 62.10(a)(2), that exchange visitors; issuing Forms DS– third party’s Web site, and estimate allows him or her to communicate

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effectively when speaking with co- visitor as necessary in case of (ii) A sponsor may place an exchange workers and community members, to emergency; and visitor with no more than two host understand work requirements, to (xii) Located where an employee of entities at the same time to meet the 32- discuss autobiographical information, the sponsor can reach the exchange hour minimum and 65-hour maximum and to comprehend both written and visitor in-person within eight hours requirements; the two host placements oral instructions related to work, through any reliable means of must be located in close proximity to housing, and transportation; and transportation. each other. An exchange visitor may, if (v) Intends to participate in sponsor, (2) A sponsor must divulge to the he or she so desires, take on additional host-entity, and/or self-initiated cross- Department where a partial or full sponsor-authorized work placements cultural activities while in the United ownership relationship exists between above the 32-hour minimum and below States. the sponsor and the host entity. In these the 65-hour maximum per week work (2) Prior to selecting an exchange instances, the sponsor must identify an requirement, that conform to all visitor, a sponsor must conduct an individual who will act as an applicable requirements of this Part. interview with each prospective independent advocate for the exchange (iii) A sponsor must ensure that a host exchange visitor either in-person or by visitor, such as an ombudsperson. entity provides the exchange visitor video-conference and, where requested (3) A sponsor must not place two-weeks’ notice if the exchange by the host entity or exchange visitor, exchange visitors with host entities if visitor’s job placement will (A) facilitate a video-conference between there is a strike or lockout, at the conclude earlier than the end-date the host entity and the exchange visitor. placement site, or other labor dispute at indicated on Form DS–7007 or (B) fall (3) A sponsor must communicate to the placement site that the sponsor below a total of 32-hours per week prospective exchange visitors that they reasonably believes would have a averaged over a two-week period. The may not be accompanied by spouses negative impact on the exchange two-week notice provision does not and dependents unless these spouses visitor’s program. If a strike, lockout, or apply to host entities in cases where the and dependents secure the requisite other such labor dispute occurs at the exchange visitor fails to report to work immigration status. Spouses and host entity in the location where an for a sustained period (i.e., more than 10 dependents of an exchange visitor in the exchange visitor’s host placement has consecutive workdays and without contacting the sponsor or host entity Summer Work Travel program category been finalized pending the arrival of the supervisor and receiving permission to are not eligible for J–2 (derivative) exchange visitor, or where an exchange be absent). In such cases, the sponsor status. visitor is currently carrying out the must fully document the issue that (f) Exchange visitor placement. program, a sponsor must place the caused the exchange visitor’s hours to (1) Before issuing a Form DS–2019, a exchange visitor at a different host be reduced or the exchange visitor to be sponsor must secure for each entity as soon as possible and no later dismissed; the sponsor must assess prospective exchange visitor a host than five business days after the information provided by the exchange placement(s): occurrence of such dispute. (i) That is seasonal or temporary in visitor and host entity objectively. A (4) Hours. nature; sponsor must inform the Department of (i) A sponsor must place the exchange (ii) Requiring only minimal training; such incident within 24-hours of its (iii) Entailing daily interaction with, visitor only with one or two host notification. and work alongside, American guests, entities that, taken together, commit to (iv) A sponsor must ensure that the customers, co-workers, and supervisors, provide a total minimum of 32-hours exchange visitor gives the host entity as an integral part of the host placement; and a total maximum of 65-hours of two weeks’ notice if the exchange (iv) Providing the exchange visitor permissible work per exchange visitor visitor’s host placement will (A) with hours of work numbering between per calendar week averaged over a two- conclude earlier than the end-date the allowable minimum and maximum, week period, as accepted by the indicated on Form DS–7007 or (B) fall in no more than two host placements in exchange visitor on Form DS–7007. below the 32-hour weekly minimum accordance with § 62.32(f)(4); Should the exchange visitor’s hours fall averaged over a two-week period (if the (v) Meeting the requirements for below the required 32-hour minimum exchange visitor has not formally opted compensation in accordance with per week for longer than two weeks out of the 32-hour requirement). The § 62.32(f)(6); (except in cases where the exchange two-week notice provision does not (vi) Provided by a host entity that has visitor is ill or otherwise has been apply to exchange visitors in cases been vetted in accordance with authorized an absence), the sponsor where the exchange visitor can credibly § 62.32(i); must assist that exchange visitor within allege workplace abuse, sexual abuse, (vii) Provided by a host entity three business days to raise his/her sexual harassment, bullying, informed of its responsibilities pursuant placement hours at the host entity or be exploitation, wage violations, criminal to § 62.32(j); re-placed, or, if the exchange visitor activity, and instances of retaliation (viii) Not on the program exclusions does not already have two placements, against the exchange visitor for list set forth in § 62.32(k); an additional placement. Should the reporting problems in the workplace; a (ix) Satisfying the standard for exchange visitor’s hours increase sponsor must inform the Department of exchange visitor housing and local beyond the 65-hour maximum for more such incident within 24-hours of its transportation as set forth in § 62.32(l); than two weeks, the sponsor, in being notified. (x) Provided by a host entity that has consultation with the host entity, must (5) Notification. A sponsor must been fully oriented by the sponsor about require the exchange visitor to reduce ensure that host entities notify the the public diplomacy purpose of the his or her hours. The exchange visitor exchange visitor and sponsor within 24- Exchange Visitor Program, federal may opt out of the 32-hour weekly hours of exigent circumstances affecting regulations (including updates), and minimum work requirement if the exchange visitor’s placement. other requirements of the Exchange requested in writing by the exchange (6) Compensation. A sponsor must Visitor Program; visitor and acknowledged by the only place the exchange visitor in a host (xi) Provided by a host entity that sponsor after consultation with the host placement that compensates the accepts responsibility for the exchange entity. exchange visitor:

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(i) At not less than the federal, state, (g) Door-to-door sales placements: A additional types of exchange visitor or local minimum wage, whichever is sponsor placing an exchange visitor in sales activities. higher, for all hours worked (including a door-to-door sales position must, in (h) Exchange visitor host re- overtime hours worked and applicable addition to the requirements set forth in placement. A sponsor must: overtime wage), in conformance with § 62.32(f): (1) Find and fully vet a new host applicable federal, state, and local laws, (1) Fully execute an agreement that entity for the exchange visitor (i.e., including the Fair Labor Standards Act; explains in detail the exchange visitor’s verify, at a minimum, the terms and and placement duties and expectations, who conditions of the exchange visitor’s (ii) With pay and benefits will obtain and pay or reimburse the employment at that host entity) within commensurate with those offered to exchange visitor for any necessary state three business days in response to an their U.S. counterparts and/or those on or local permits, the geographic area the exchange visitor’s reasonable request to another class of nonimmigrant visa, as host placement encompasses, and how change host placements, provided the applicable, doing the same or similar exchange visitors, while traveling, may request is made before the final four work in the same work setting. Host access housing that has been pre- weeks of the exchange visitor’s program. entities may reasonably offer different arranged by the sponsor or host entity. Considerations in determining the wages to an employee commensurate The agreement must be included as an reasonableness of a request may include with a qualified, experienced, or fully appendix to Form DS–7007 and must be whether the new placement would be competent worker only after considering accepted in writing by the exchange consistent with the exchange visitor’s the experience, education, and skill visitor before he or she receives a Form abilities, is located in the same city or requirements of the position. DS–2019. a nearby city to the previous placement, (7) A sponsor must inform its host (2) Ensure that: and is within an economic sector where entities that, when hosting an exchange (i) The host entity provides the host entities are hiring. Sponsors may visitor, they are required by law to exchange visitor with a post-arrival not charge the exchange visitor a fee for follow applicable employer orientation that, at a minimum, includes re-placement. recordkeeping requirements under information on safety considerations (2) Ensure that a host re-placement federal, state, and local law, including while selling door-to-door; how to meets the requirements applicable to the the Fair Labor Standards Act and contact a supervisor while traveling on original placement(s). Department of Labor regulations (e.g., 29 duty; how to react when faced with (3) Complete and secure the requisite CFR part 516); possible adverse situations; how signatures on a new Form DS–7007 (8) A sponsor must ensure that host exchange visitors will be reimbursed for prior to the exchange visitor’s beginning entities provide exchange visitors, housing costs incurred while traveling work at a host re-placement. without charge or deposit, all uniforms, on behalf of their host entity; and how (i) Sponsor vetting of host entities. A tools, supplies, and equipment needed products will be delivered to customers; sponsor must: to perform placement-required (ii) The exchange visitor in each (1) Exercise due diligence in vetting a activities. calendar week of his or her program, host entity, its owners, and its managers (9) Prior to placing an exchange averaged over a two-week period, earns and supervisors who work with visitor at a host entity, the sponsor must not less than the equivalent of the exchange visitors. In conducting such inquire whether the host entity has applicable federal, state, or local vetting, a sponsor must confirm that a displaced or intends to displace a U.S. minimum wage per hour through hourly host entity is a legitimate and reputable worker with an exchange visitor. pay or sales profits, in conformance business by taking, at a minimum, the Sponsors must ensure that host entities with applicable federal, state, and local following steps annually: have not rejected qualified U.S. laws, including the Fair Labor (i) Check, through direct contact in applicants for the same position within Standards Act, and receives pay and person or by telephone, the names of the 90 days of the date on which the benefits commensurate with those entity’s owner(s), and manager(s), sponsor has confirmed the host entity’s offered to his or her U.S. counterparts names of the supervisor(s) for the formal acceptance of that exchange and/or those on another class of exchange visitor, business telephone visitor for the host placement as nonimmigrant visa doing the same or numbers, email addresses, street indicated on Form DS–7007. similar work in the same work setting addresses, and professional activities; (10) A sponsor must reimburse and having similar qualifications and (ii) Use publicly available information exchange visitors for any union dues experience. Hours that an exchange (e.g., state registries, advertisements, required by their host placement. visitor spends in orientation constitute brochures, Web sites, court registries, (11) A sponsor must ensure that hours worked; state sex-offender registries) and exchange visitors are not charged for (iii) Customers make all checks and available information from prior any host entity promotional material other forms of payment directly payable exchange visitor placements to confirm used by the exchange visitor on the job, to the host entity, not to the exchange that all host entities and their owners and must compensate, or ensure that the visitor, for sponsor or host entity are of good reputation and financially exchange visitor’s host entity products; and viable, and that all managers and compensates, the exchange visitor for (iv) The exchange visitor begins supervisors of the exchange visitor are travel time from the site of activity to selling door-to-door no earlier than 9:00 reputable and have each undergone a any training site, and for the time spent a.m. and finishes his/her last sales call criminal background check that the in training; if the sponsor or host entity no later than 8:00 p.m. in the time zone sponsor may review; holds the training in a city that is farther covering his or her location. (iii) Record a potential host entity’s than 60 miles away from the exchange (3) Permit an exchange visitor’s Employer Identification Number (EIN) visitor’s site of activity, or the sponsor reasonable request for re-placement at a and obtain copies of its current business or host entity requires the exchange non-door-to-door assignment and issue or professional license or permit, or visitor to stay overnight at the training the exchange visitor a new Form DS– certificate issued by the jurisdiction site, then the sponsor or host entity 7007. where the business operates, granting must pay the exchange visitor for the (4) Pre-authorize and document on the host entity the right to operate in cost of lodging. the appendix to the DS–7007 any that jurisdiction;

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(iv) Check whether the host entity (4) A sponsor must require a host (5) Requiring licensing of the will use any third parties (including entity to notify it within 24-hours of the exchange visitor; staffing agencies) to conduct the following events: (6) Compensating the exchange visitor exchange visitor program and verify (i) The exchange visitor arrives at his/ on a ‘‘piece work basis’’ (i.e., based on using publicly available information her site of activity to begin his/her the number of objects produced or (e.g., the kind of information noted in program; rooms cleaned); subparagraph (i)(1)(i)) to check whether (ii) There are significant deviations in (7) Resulting in the exchange visitor such third parties are legitimate and the host placement during an exchange being supervised by a staffing agency, reputable and that their managers and visitor’s program; unless the sponsor vets the staffing supervisors working with exchange (iii) The exchange visitor is not agency as well as the host entity where visitors have each had a criminal meeting the requirements of his/her host that agency places exchange visitors, background check that the sponsor may placement as detailed on Form DS– and the staffing agency’s role meets the review. Failure of a third party engaged 7007; following criteria: by a sponsor’s host entity to comply (iv) The exchange visitor leaves his/ (i) The staffing agency provides daily with the regulations governing her position ahead of the planned supervision and primary onsite administration of the Exchange Visitor departure; monitoring of the exchange visitor’s Program will be imputed to the sponsor, (v) There are serious incidents work environment at his or her host whether or not such third party has involving an exchange visitor, including entity; (ii) The exchange visitor is an been disclosed by the host entity to the any situations that have or could have employee of, and paid by, the staffing sponsor. the effect of endangering his or her agency; and (v) Verify that each potential host health, safety, or welfare. (5) No sponsor or host entity may (iii) The staffing agency effectively entity will have Workers’ Compensation prevent communication between an controls the host placement (i.e., has Insurance coverage or its equivalent, as exchange visitor and his or her sponsor, hands-on management responsibility for applicable, in the appropriate U.S. state family or friends, or any other person the exchange visitor at his or her site of during the time when the exchange while the exchange visitor is not on activity); visitor will be placed there, or, if duty; (8) Entailing domestic help in private applicable, evidence of that state’s (6) A sponsor shall terminate the homes (e.g., child care provider, elder exemption from requirement of such participation of a host entity that is care provider, housekeeper, gardener, coverage; found to have, without the exchange chauffeur); (vi) Obtain verification at the visitor’s advance written permission, (9) Requiring the exchange visitor to beginning of each season that a host held or withheld the exchange visitor’s operate or drive a pedicab, rolling chair, entity with which an exchange visitor is money, identification (including or other vehicle powered by physical planned to be placed will not displace passport and social security card), cell- exercise; U.S. workers, has not experienced phone, flight tickets, or other personal (10) Requiring the exchange visitor to layoffs in the past 120 days, and does property during his or her program; or operate or drive a vehicle or vessel for not have workers on lockout or strike; held or withheld an exchange visitor’s which a driver’s license is required, and Forms DS–2019 or DS–7007. Any regardless of whether the vehicle carries passengers; (vii) Review the U.S. Department of exchange visitor who wishes the (11) Related to clinical care that Labor Web site and state resources for sponsor or sponsor’s host entity to involves physical contact with patients; judgments and debarments and retain important documents must make revocations pertaining to the host entity (12) In the adult entertainment this request in writing, including an industry or the commercial sex trade or business owner. itemized list of the documents. The (2) Discontinue cooperation with a (e.g., placements at escort services, adult exchange visitor may revoke this book or video stores, strip or exotic host entity that fails to disclose authorization in writing at any time, information that may affect exchange dance clubs); whereupon such documents or property (13) Requiring the exchange visitor to visitor health, safety, or welfare, or bring must be returned within 48-hours of the the Exchange Visitor Program into engage in work that is declared written revocation’s documented hazardous to youth by the Secretary of notoriety or disrepute. submission to the sponsor. (j) Host entity cooperation. Labor at Subpart E of 29 CFR part 570; (k) Program exclusions. A sponsor (14) Requiring sustained physical (1) A sponsor must inform a host must not place an exchange visitor in a contact with other people (e.g., hair entity and its relevant managers and host placement that is: care, manicure, henna tattooing) and/or supervisors of program regulations, (1) Inconsistent with U.S. law or that adherence to the Centers for Disease regularly monitor the host entity’s could bring notoriety or disrepute to the Control and Prevention’s Universal compliance with such regulations, and Department or to the Exchange Visitor Blood and Body Fluid Precautions take action if it becomes aware of a Program, as determined by the guidelines; violation. Department; (15) Requiring the exchange visitor to (2) A sponsor must inform a host (2) Lacking acceptable housing and operate gaming, gambling, wagering, or entity that it may be required to arrange local transportation, (as set forth in betting activities; cross-cultural activities for its exchange § 62.32(l)), including safe local (16) In chemical pest control, visitor, or that it must permit time for transportation that is accessible during warehousing, or a catalogue/online the exchange visitor to engage in late night or early morning hours if the order distribution center; sponsor-arranged cross-cultural exchange visitor will work during such (17) In the mobile amusement and activities, as defined in § 62.2. hours; itinerant concessionaires industries; (3) Failure by any host entity (or any (3) Requiring more than four hours of (18) Meeting the criteria of another disclosed or undisclosed third party) to work between 10:00 p.m. and 6:00 a.m.; Exchange Visitor Program category (e.g., follow the requirements governing (4) In locations where telephone and camp counselor, intern, trainee); administration of the Exchange Visitor Internet communication is not (19) In the North American Industry Program will be imputed to the sponsor. accessible; Classification System’s (NAICS) Goods-

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Producing Industries occupational including 29 CFR part 531 (if the host chain and gears functional). All categories industry sectors 11, 21, 23, entity plans to deduct housing costs sponsors must provide exchange visitors 31–33 numbers (set forth at http:// from the exchange visitor’s wages); in pre-arrival materials and during www.bls.gov/bls/naics.htm); see http:// (iii) in a safe location; orientation with bicycle safety siccode.com/en/naicscode/list/directory (iv) within a reasonable distance of information, including the Department- for code look-up; the exchange visitor’s site of activity at generated bicycle safety flyer, and place (20) Employing the exchange visitor the host entity(ies); the Department-generated bicycle safety as a mover or in any position where the (v) in an area with regular, safe and video on their Web site. No exchange primary work duty is the movement of affordable local transportation options visitor should be expected by his or her household or office goods; to commercial infrastructure and to his sponsor or host entity to ride a bicycle (21) Employing the exchange visitor or her site of activity at the host entity; to his or her site of activity at the host in a position requiring repetitive motion and entity if he or she chooses not to do so, such as that found on an assembly line (vi) in a location that is neither or be expected to ride a bicycle to his or in certain factory-like settings; isolated, nor difficult to access. or her site of activity on a highway or (3) The requirements in (22) Employing the exchange visitor other major road without bicycle lanes; subparagraphs (iv), (v) and (vi) above in waste management, janitorial, or likewise, no exchange visitor should be are waived if the sponsor or host entity custodial positions, or in any position expected to ride a bicycle over distances provides reliable, safe, and affordable where more than five percent of the of longer than a total of eight miles per local transportation to the exchange duties as defined by time spent involve day in order to travel to and from the visitor during his/her on- and off-hours, waste management or keeping the host entity or reach commercial and has a transportation plan in case of premises of a building and infrastructure. emergency. A sponsor placing an supplementary machinery (e.g., heating, (m) Form DS–7007 (Host Placement exchange visitor in a remote national air-conditioning) clean and in working Certification). The purpose of this form park, ski or mountain resort, or summer order, or involve making building is to ensure a common understanding camp must document the host entity’s repairs; among all parties (through required written arrangement for transportation (23) In a position with a host entity signature of the sponsor, exchange for that exchange visitor during his/her that participates in the Summer Work visitor, and host entity) about the terms Travel Program on a basis other than off hours and in case of emergency. (4) Neither a sponsor nor its host of the host placement and arranged seasonal or temporary (e.g., for more housing before the exchange visitor than two seasons during the year, or that entity is permitted to require an exchange visitor to pay a separate fee to begins work at his or her host entity. covers a total period of employment (1) A sponsor must: longer than eight months in a single identify housing in excess of any fee charged for the exchange visitor’s (i) Fully complete a Form DS–7007 for calendar year); each exchange visitor placement, which (24) In a position where an exchange placement at the host entity. must include: Location and description visitor is solely responsible for the (5) In the event that the exchange of the host entity; number of employees safety of others (e.g., as a lifeguard); visitor chooses to secure his or her own and other exchange visitors on location; does not have regular on-site or timely housing, both the sponsor and the hours of work each week that will be on-call supervision by the host entity exchange visitor must document such offered the exchange visitor; duties, and/or would be without reasonable choice in writing and the sponsor must wages (including expectations for time off for breaks and meals; or verify compliance with the (25) In a position with a host entity requirements of paragraph (2) prior to overtime), expected training period, if that does not inform the exchange the exchange visitor’s arrival in the any; physical demands of the host visitor about, and enforce the use of, United States, or the sponsor may deny placement; any placement-related applicable workplace health and safety the housing or the entire host benefits or amenities; total itemized fees laws (e.g., regulations issued by the placement. charged by sponsors, host entities, and Occupational Safety and Health (6) If either the sponsor or the third parties, that the exchange visitor Administration), does not provide Department determines that an will incur, identifying clearly which are equipment that meets relevant safety exchange visitor’s housing situation is mandatory and which are optional; standards, or otherwise fails to take unacceptable or otherwise problematic other estimated costs to the exchange reasonable precautions to safeguard the (e.g., excessive noise, serious conflict visitor of the placement at the host health, safety or welfare of an exchange among housemates), the sponsor must entity or for other aspects of the visitor. identify new acceptable housing and program (e.g., costs and deductions for (l) Exchange visitor housing and local notify the exchange visitor of that benefits, mandatory and optional transportation. alternative within one week of this deductions, meals included at host (1) Every sponsor-approved determination; if the exchange visitor entity). Deductions taken from wages placement must include identification opts not to accept the new housing, the must be disclosed in advance to the of acceptable housing and local sponsor may determine that the exchange visitor. A DS–7007 must be transportation before that sponsor placement is in violation of this executed for each placement the approves the placement and issues a regulation. exchange visitor accepts and be updated Form DS–2019. Housing must be fully (7) If an exchange visitor bicycles to according to Department guidance if the and accurately described on the and from the host entity or to reach terms of a placement change Housing Addendum of Form DS–7007 commercial infrastructure, his or her significantly; in accordance with § 62.32(m). sponsor must ensure that the exchange (ii) Fully execute a Form DS–7007 (2) Acceptable housing must meet all visitor is informed that he or she must (excluding Housing Addendum) before applicable housing codes and wear a helmet and other appropriate completing and signing a Form DS–2019 ordinances and be: protective gear and that he or she must for each exchange visitor; (i) Affordable for the exchange visitor; check that the bicycle is in working (iii) Provide each signatory an (ii) provided in compliance with order (e.g., brakes functional, frame not executed copy of the Form DS–7007 applicable federal, state, and local laws, bent, all tires inflated properly, bicycle (excluding Housing Addendum) before

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the exchange visitor makes his or her (1) In addition to satisfying the seek medical care in the United States) visa application; and requirements set forth at § 62.10(b)–(c), and locations of the nearest medical (iv) Inform the exchange visitor that a sponsor must provide to each facilities. he or she must have his or her fully- exchange visitor prior to departure from (2) Information on exchange visitor executed Form DS–7007 (excluding his or her home country, an orientation and host entity obligations and Housing Addendum) available (along in-person, online, or a combination of responsibilities must include the with his or her Form DS–2019) for the both that includes the following following: visa interview. information and documentation: (i) The exchange visitor must notify (2) A sponsor must ensure that the (i) An explanation of the sponsor’s his or her sponsor within ten days of Housing Addendum of the Form DS– role during the program, including arrival in the United States, as set forth 7007 is completed (including by the monitoring, and of host entity in § 62.10(c)(9); host entity), if relevant, and that a copy responsibilities; (ii) The exchange visitor must notify is sent to the exchange visitor prior to (ii) The Department of State’s Summer his or her sponsor of any changes to the the exchange visitor’s departure to the Work Travel Exchange Visitor Welcome terms agreed to in Form DS–7007, as set United States and if the exchange visitor Letter and Diversity Flyer; forth in § 62.32(m)(1)(i); changes housing. A sponsor must (iii) The sponsor’s 24/7 immediate (iii) An exchange visitor must not include a description of the housing; (i.e., non-answering machine) contact change his or her host site of activity at information about local transportation telephone number; the host entity, type of position within (iv) A description of exchange visitor type and cost, and distance to the host his or her current host placement, or and host entity obligations and entity; cost of housing (either weekly or residence without first notifying the responsibilities, including a list of monthly); need for an exchange visitor sponsor, as set forth in § 62.32(d)(11); program obligations and responsibilities housing deposit; utilities covered in rent (iv) The host entity must not permit as set forth in subparagraph (2) below; and those that the exchange visitor must (v) Information explaining the cross- an exchange visitor to begin working for pay separately; whether deductions for cultural component of the Summer an additional host entity, or at a housing or local transportation will be Work Travel program, including the different host entity, until the sponsor taken from exchange visitors’ wages; exchange visitor’s obligation to has vetted such host entity, as set forth number of other tenants; housing participate in sponsor- and host entity- at § 62.32(i), and provided the exchange features and description (including arranged cross-cultural activities, and visitor and host entity a fully executed numbers of bedrooms and bathrooms); how best to experience local or national Form DS–7007 for such a placement in and whether there is a firm contract for U.S. culture; accordance with paragraph (m); the housing that the exchange visitor (vi) Information on how to identify (v) A description of the circumstances must sign for a fixed period of time. The and report workplace abuse, sexual that may lead to termination of the Housing Addendum page must state the abuse, sexual harassment, bullying, exchange visitor’s program under rules market value of housing and/or local exploitation, wage violations, housing governing the program, including, but transportation. Deductions from wages violations, poor housing conditions, and not limited to, the following: Engaging may only be made in accordance with instances of retaliation against the in more than three Summer Work Travel Fair Labor Standards Act regulations set exchange visitor for reporting problems, programs during the exchange visitor’s forth at 29 CFR part 531. including how to access whistleblower academic career; failure of an exchange (3) A sponsor must give each protection. The orientation also must visitor to report to his or her sponsor exchange visitor 72-hours to consider include information for exchange within ten days of arrival in the United any substantive additional requirements visitors on the sponsor monitoring States; failure to appear timely at the or changes made by his or her host process, and inform exchange visitors initial host placement without notifying entity to the host placement after the that they must notify their sponsor the sponsor in advance of any inability DS–7007 or Housing Addendum is within ten days of arrival in the United to appear on time; beginning initially executed; a sponsor must States and of any changes to the terms employment at a non-vetted host entity require the exchange visitor and host agreed to in Form DS–7007; or at a host placement on the program entity to sign a new Form DS–7007 if (vii) Information on general personal, exclusions list set forth at paragraph (k); the exchange visitor agrees to the pedestrian, and transportation safety, engaging in illegal activities (e.g., fraud, changes. If an exchange visitor including bicycle safety information distribution of illegal substances); determines that he or she does not wish (i.e., providing the Department- failure to give two-weeks’ notice of to add requirements or make changes, or generated bicycle safety flyer and departure to the current host entity, is unresponsive, he or she must be placing a bicycle safety video on the except in cases where health, safety, or allowed to continue to do those tasks at sponsor’s Web site); welfare of the exchange visitor is the host entity specified on his or her (viii) An identification card with a endangered; failure to report change of most recent DS–7007, unless the host photo of the exchange visitor listing the position or change of title within the entity makes a request to the sponsor exchange visitor’s name, the sponsor’s current host placement or change of that the exchange visitor be placed name, and main office and emergency residence; a pattern of unresponsiveness elsewhere, in which case, the exchange telephone numbers, 911, the telephone to sponsor communications; and visitor must be given two-weeks’ notice number of the Department’s J–1 visa violation of sponsor-specific rules of program termination. An exception to toll-free emergency help line, the J–1 regarding the exchange visitor program; the 72-hour rule may be made if such visa email address, and the name and (vi) The circumstances that may lead changes must be implemented before policy number of the sponsor’s health to program termination of the host 72-hours to protect the health, safety, insurance provider, if applicable; and entity; and and welfare of the exchange visitor. (ix) Information on medical care in (vii) The exchange visitor is (4) A sponsor must keep each DS– the United States (e.g., information on prohibited from engaging in any 7007 on file for three years. insurance deductibles, differences activities that could bring the Exchange (n) Exchange visitor pre-departure between emergency room visits and Visitor Program into notoriety or orientation and documentation. regular hospital visits, how generally to disrepute.

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(o) Cross-cultural activities. A sponsor definition of Third party, satisfy the third party complies with the terms of must: following requirements if it elects to use its agreement with the sponsor; (1) Ensure that the exchange visitor’s a foreign third party: (8) Ensure the foreign third party placement at the host entity requires (1) Select only a foreign third party knows and complies with all applicable regular interaction with co-workers and that: provisions of these regulations. Failure customers and that the exchange (i) The sponsor has vetted in by any foreign third party to comply visitor’s host entity also facilitates the accordance with § 62.32(r); with the regulations will be imputed to regular interaction of the exchange (ii) has a fixed office address, the sponsor; and visitor with U.S. persons during the employees with professional experience (9) Not use a foreign third party if the workday portion of their program; in the service(s) the foreign third party Department has determined and (2) Plan and initiate cross-cultural provides, an organizational mission informed that sponsor that the third activities, and/or act as a resource for applicable to cultural and educational party does not meet the requirements of host entities, domestic third parties, or exchange, and a secure system to subparagraph (1). local community groups in arranging collect, protect, and dispose of the (r) Sponsor vetting of foreign third cross-cultural activities that provide the personal data of potential and actual parties. A sponsor must: exchange visitor exposure to U.S. exchange visitors; (1) Ensure that any foreign third party culture and/or interaction with U.S. (iii) markets the Summer Work Travel it utilizes or intends to utilize is persons throughout his or her program; program as a cultural and educational legitimate and employs only reputable (3) Ensure that, at a minimum, it or its program with a work component; individuals or organizations qualified to host entity or entities arrange one cross- (iv) has fees and other charges that are perform agreed program functions; cultural activity within each calendar permissible under this Part, transparent, (2) At a minimum, review annually month for the exchange visitor; and justifiable in terms of services provided, current documentation for each of its (4) Facilitate additional cross-cultural and legal; foreign third parties, including: activities throughout the duration of the and (i) Proof that it is legally authorized to exchange visitor’s program, and (v) would not bring the Exchange conduct business in every location in document such activities. Visitor Program into notoriety or which it operates; (p) Exchange visitor monitoring and dispute, or engage in actions that would (ii) Any bankruptcy filing, adverse assistance. A sponsor must: endanger the health, safety or welfare of legal judgment, or pending legal action (1) Maintain, at a minimum, monthly an exchange visitor; or complaint against such foreign third personal contacts with the exchange (2) Fully execute a written agreement, party relevant to its conduct of the visitor. Such sponsor contact is with documented review every three exchange visitor program; (iii) Written references from three permitted to be in-person, by telephone, years, with the foreign third party and current business associates or partner or via exchanges of email work only with foreign third parties with which the sponsor has concluded organizations; (communications via email and (iv) A criminal background-check such written agreements; agreements voicemail messages must elicit a report (including originals and English must specifically authorize the foreign response from the exchange visitor that translations, as applicable) for each third party to carry out certain program provides information on the exchange owner and officer of the foreign third functions; visitor’s well-being); party; and (3) Adequately orient any foreign (2) Gauge the exchange visitor’s (v) A copy of the foreign third party’s third party it engages on the purpose of overall health, safety, and welfare and recent financial statements certified by appropriately address issues identified the Exchange Visitor Program and all an independent public accountant. through monitoring that involve the applicable regulations in this Part and (s) Sponsor use of domestic third suitability of employment, housing and updates and related guidance; parties. transportation, and any other issues (4) Require, review, and approve A sponsor must, in addition to the affecting, or that could affect, the annually the third party’s marketing description set forth in § 62.2 (definition exchange visitor’s health, safety, and materials, including updated price lists of Third party), satisfy the following welfare; based on any Department-required requirements if it elects to use a (3) Be available to the exchange template, for programs marketed on the domestic third party: visitor as a facilitator, counselor, and sponsor’s behalf. The price lists must (1) Select only a domestic third party information resource and provide include itemization of all fees charged that: appropriate assistance on an as-needed to the exchange visitor and estimated (i) The sponsor has vetted in basis; costs the exchange visitor might incur, accordance with § 62.32(t), unless the (4) Document all efforts to resolve any as set forth in § 62.9(d)(3); selected entity serving as a domestic issue that could result in program (5) Ensure that the foreign third party third party is another designated termination, including problematic does not permit the use of any other sponsor; in that case, the sponsor must placements and inability to contact a third party (including staffing or require that the domestic third party non-responsive exchange visitor, before employment agencies or subcontractors) sponsor provide proof of current pursuing program termination; to work directly with any prospective or Department designation; (5) Prepare any host entity to facilitate current exchange visitor for the purpose (ii) has a fixed office address, Department oversight and visits to of programmatic planning, or otherwise employees with professional experience placement locations; and cooperate or contract with any such in the service(s) the domestic third party (6) Incorporate additional monitoring other third party; provides, an organizational mission steps at the suggestion of the (6) Place information about each of its applicable to cultural and educational Department in the case of Department- foreign third parties on the sponsor’s exchange, and a secure system to noted problems in the sponsor’s main Web site, including the official collect, protect, and dispose of the Summer Work Travel program. name, headquarters address, and personal data of potential and actual (q) Sponsor use of foreign third specific program functions performed; exchange visitors; parties. A sponsor must, in addition to (7) Establish and implement internal (iii) has fees and other charges that are the description set forth in § 62.2 in the controls to ensure that each foreign permissible under this Part, transparent,

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justifiable in terms of services provided, with the regulations will be imputed to third party, a sponsor must provide the and legal; and the sponsor; and Department with that third party’s name (iv) would not bring the Exchange (7) Not use a domestic third party if and contact information (i.e., telephone Visitor Program into notoriety or the Department has determined and number, email address, street address, dispute, or engage in actions that would informed that sponsor that the third city address, point of contact, and Web endanger the health, safety, or welfare of party does not meet the requirements of site address). The sponsor also must exchange visitors. subparagraph(1). provide the Department with updated (2) Fully execute a written agreement, (t) Sponsor vetting of domestic third contact information for its foreign third with documented review every three parties. A sponsor must: party within 30 days after receiving years, with the domestic third party and (1) Ensure that any domestic third notice of any change in that party’s work only with domestic third parties party it utilizes or intends to utilize is contact information. A sponsor also with which the sponsor has concluded legitimate and employs only reputable must notify the Department no later such written agreements; individuals or organizations qualified to than 30 days after ceasing to work with (3) Orient adequately any domestic perform agreed program functions; and a foreign third party previously (2) At a minimum, review annually third party it engages on the purpose of reported. current documentation for each of its the Exchange Visitor Program and all domestic third parties: (2) Price lists: A sponsor must submit applicable regulations in this Part and (i) Proof that it is legally authorized to to the Department each year, no later updates and related guidance; conduct business in every location in than December 1, itemized exchange (4) Place information about each which it operates; visitor price lists (in accordance with domestic third party it engages on the (ii) Any bankruptcy filing, adverse any Department template) which sponsor’s main Web site, including its legal judgment, or pending legal action identify the costs that exchange visitors official name, headquarters address, and or complaint against such domestic must pay each sponsor and foreign third specific program functions performed; third party relevant to its conduct of the party on a country-specific basis in (5) Establish and implement controls exchange visitor program; and order to participate in the program. to ensure that the domestic third party (iii) Proof of sufficient liability complies with the terms of its agreement insurance to cover the activities Keri Lowry, with the sponsor; provided to the sponsor. Deputy Assistant Secretary of State, Office (6) Ensure the domestic third party (u) Reporting requirements. of Private Sector Exchange, Bureau of knows and complies with all applicable (1) Foreign third party reporting: Educational and Cultural Affairs. provisions of these regulations. Failure Within 30 days of its conclusion of a [FR Doc. 2017–00107 Filed 1–11–17; 8:45 am] by any domestic third party to comply new written agreement with a foreign BILLING CODE 4710–05–P

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