The Department of State (DOS) has announced proposed changes to the J-1 program rules. This authority allows around 1450 program sponsors to facilitate the entry of over 275,000 exchange participants each year. A vital section of the participants are secondary school students who, through the exchange program, serve to inform opinion of foreign youth about the United States. The proposed changes affect high school exchange students.

According to the State Department, the rule stems from concerns regarding the security of young people participating in exchange programs. The amendments would require program sponsors to complete background checks for officers, employees, agents, representatives and volunteers acting on behalf of the exchange program and to maintain monthly contact with the host families and students. Additionally, the amendments would require the vetting of all adult members of a host family through a sex offender registry maintained by the state of residence of the host family. Registries of sex offenders have been in place for several years in 48 of 50 states.

The State Department has noted in the proposed rules that it believes that the vetting of individuals for sexual offenses should be convenient and cost effective. Additionally, proposed changes require any report of sexual misconduct involving an exchange program participant to be reported to both the Department of State and local law enforcement officials. To help overcome possible cultural differences that may cause reluctance to speak out or report such matters, the Department of State would mandate that all participants receive written information regarding the reporting of sexual exploitation or abuse.

Furthermore, the proposed changes target the pool of eligible student participants for the Exchange Visitor Program. A participant would be a bona fide student not more than 18 years and six months of age as of the program start date since students past this age normally would have completed high school studies in their home countries and would be more appropriately placed in higher education institutions. The DOS also believes that benefits from this program are limited for students over the proposed age.

The amendments also address the necessity of complete, timely placement reports of exchange students. All placement reports for students arriving for the academic year must be submitted by August 31^st of that academic year/ Fall Semester. For exchange students arriving for Spring Semester, placement reports must be submitted by January 15^th of that semester year. Students not placed by August 31^st should not enter the U.S. that academic year/Fall Semester and must wait until the next Spring semester to participate in the Exchange Visitor Program.

The DOS published these proposed changes with a 60-day provision allowing the acceptance of public comments up until October 11, 2005. The proposed changes to 22 C.F.R. Part 62 and regulatory analysis and notices for this announcement can be viewed at http://www.regulations.gov/index.cfm.

Comments on the proposed changes may be sent by email, fax or mail to the DOS Office of Exchange Coordination and Designation as follows:

Email: jexhcnages@state.gov (Must include RIN on subject line)

Fax: 202-203-5087

Mail: DOS Office of Exchange Coordination and Designation

SA-44, 301 4^th Street, SW., Room 734

Washington DC 20547