Exchange Visitor Program-General Provisions, 30268-30272 [2024-08602]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Rules and Regulations]
[Pages 30268-30272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08602]


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DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice: 12342]
RIN 1400-AC36


Exchange Visitor Program--General Provisions

AGENCY: U.S. Department of State.

ACTION: Final rule.

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SUMMARY: On March 28, 2023, the U.S. Department of State (Department of 
State) published in the Federal Register an interim final rule with 
request for comment (2023 Interim Final Rule) for the Exchange Visitor 
Program regulations that apply to sponsors the Department of State 
designates to conduct international educational and cultural exchange 
programs. In this final rule, the Department of State responds to 
public comments submitted in response to the 2023 Interim Final Rule 
and makes minor revisions to the regulations.

DATES: This rule is effective on May 23, 2024.

FOR FURTHER INFORMATION CONTACT:  Rebecca Pasini, Deputy Assistant 
Secretary of the Office of Private Sector Exchange at SA-5, 2200 C 
Street NW, Washington, DC 20522 or via email at [email protected] or 
phone at (202) 632-9327.

SUPPLEMENTARY INFORMATION: The 2023 Interim Final Rule, effective April 
27, 2023 (88 FR 18249), allows sponsors to sign Forms DS-2019 using 
digital signatures and to transmit Forms DS-2019 electronically to a 
specified list of recipients. In this final rule, the Department of 
State addresses the comments that parties submitted in response to the 
2023 Interim Final Rule and makes minor revisions to the regulatory 
language. Most of the 64 commenting parties addressed two topics: 
sponsor preference for electronic signatures rather than digital 
signatures, and the need for sponsors to electronically transmit Forms 
DS-2019 directly to third parties acting on their behalf. After 
consideration, the Department of State has retained the requirement for 
digital signatures for signing Forms DS-2019, and it makes no changes 
to the list of entities to which sponsors may transmit Forms DS-2019 
electronically. However, this rule will modify the regulations at 22 
CFR 62.12(c)(3) to allow third parties to retrieve Forms DS-2019 
directly from sponsors' password-protected computer network systems 
and/or databases. This modification allows third parties to retrieve 
copies of digital Forms DS-2019 directly from sponsors that wish to 
give them such access.
    The Department of State also continues to permit sponsors to wet 
sign and physically mail Forms DS-2019 to exchange visitors and/or 
third parties. Sponsors that find the functionality of digital 
signatures too burdensome or costly or wish to continue to send Forms 
DS-2019 in bulk to third parties are not required to adopt the new 
procedures.
    In addition to commenting on the proposed regulations, many parties 
submitted questions and/or requests for clarification. To the extent 
such inquiries relate to this rulemaking, the Department of State will 
address them herein. Otherwise, the Department of State recommends that 
interested parties refer to J1visa.state.gov for more detailed guidance 
and/or direct specific queries to the [email protected] or to one of 
the category-specific email accounts.

Digital Versus Electronic Signatures

22 CFR 62.12(b)(2)(iii)

    Seventeen of the parties submitting comments on the 2023 Interim 
Final Rule addressed the Department of State's decision to allow 
Responsible Officers and Alternate Responsible Officers (collectively, 
Officers) to sign Forms DS-2019 with ``digital'' signature software as 
opposed to the broader category of ``electronic'' signature software, 
of which digital is a subset. These parties offered the following 
reasons in support of their requests that the Department of State allow 
electronic signatures: (1) the definition of ``digital software'' in 
the 2023 Interim Final Rule is too vague for sponsors to know whether 
their software selections meet regulatory requirements; (2) the 
cryptographical requirements of digital software increase costs and 
burdens; (3) the vetting of Officers and their limited access to the 
Student and Exchange Visitor Information System (SEVIS) already provide 
a high level of security; (4) wet-signed, printed, scanned, and 
converted-to-portable document format (pdf) Forms DS-2019 are no more 
or less secure than those signed with electronic signature software and 
electronically transmitted; (5) it is cumbersome and costly for 
sponsors with J and F programs to have two operating procedures; (6) 
the Department of State already accepts electronic signatures on the 
U.S. Department of Homeland Security's (DHS's) Forms I-20 (Certificate 
of Eligibility for Nonimmigrant Student Status); and (7) the variety of 
printed Forms DS-2019 (given different signature, printing, and paper 
options) may confuse U.S. Government authorities who grant J visas, 
determine admissibility and entry into the United States, or otherwise 
review Forms DS-2019. The Department of State considered many of these 
factors when it originally decided to require the higher level of 
security that digital signatures offer, and it continues to believe 
that the benefits of such security overcome the concerns of commenting 
parties. It addresses each issue individually as follows:
    Definition of digital signature. Seven commenting parties expressed 
confusion over the Department of State's definition of ``digital 
signature.'' Sponsors can utilize any digital signature software that 
is an application of technology for cryptographically derived 
signatures that is supported by a process such as a public key 
infrastructure and that ensures meaningful authentication of the 
identity of the signer and integrity of the document. Two examples are 
DocuSign[supreg] and Adobe Acrobat[supreg] Sign, and there are numerous 
other examples of digital signature technologies with which the public 
may be familiar. In response to questions from commenting parties, the 
Department of State identifies some examples of signatures that are not 
considered digital for purposes of regulatory compliance: copied and 
pasted signatures, signatures drawn via computer mouse, and typed 
signatures. The Department of State continues to believe that sponsors 
may consult either internal or external information technology experts 
who can

[[Page 30269]]

readily confirm whether a particular software package offers the degree 
of security necessary to differentiate digital signatures from other 
types of electronic signatures, thereby meeting the new regulatory 
requirements.
    Increased costs and burdens. Nine commenting parties opined that 
the implementation of digital signature software would be costly and 
burdensome. The cost and complexity of implementing digital signature 
capability varies within the sponsor community, based on many factors. 
Some sponsors may find that it is not cost effective to implement 
digital signature capability, and they may opt instead to continue with 
business as usual (using wet signatures). Other sponsors may have 
already implemented such capacity, allowing them to benefit from 
reduced costs and burdens. By retaining the current methodologies while 
introducing new options, the Department of State allows those sponsors 
that do not wish to incur different costs or new burdens to maintain 
their current operating procedures.
    SEVIS access vetting provides sufficient security. One commenting 
party stated that digital signatures were unnecessary since sufficient 
security was provided by vetting Officers and requiring passwords to 
access SEVIS. However, the process of signing and transmitting Forms 
DS-2019 occurs outside of SEVIS, making credentialed access to SEVIS an 
insufficient protection for these two functions.
    Comparability of Electronic Signatures and Wet-Signed and Scanned 
Signatures. Four commenting parties opined that wet-signed, printed, 
scanned, and converted-to-pdf Forms DS-2019 offer similar security as 
electronically signed and transmitted Forms DS-2019s. The Department of 
State respectfully disagrees. If a fraud investigation involved a Form 
DS-2019, the form would likely be returned to the sponsor to determine 
whether a signature was legitimate. At the very least, wet-signed 
documents--whether transmitted electronically or via mail--bear 
signatures that are exclusive to a limited group of authorized and 
vetted signatories. Although wet-signed signatures may be copied, 
Officers can attest to the authenticity of their signatures and/or 
whether they recall processing and signing forms that others may 
suspect are fraudulent.
    Visual review of forms signed with most electronic software, 
however, would not offer any clues as to their legitimacy since most 
electronic signatures lack both the personalization of wet signatures 
and the encrypted traceability of digital signatures. For example, 
electronic signatures may be typed names, typed names in italics, or a 
signature made with a computer mouse, representations that are 
difficult to verify as to their source. Further, the volume of forms 
some Officers process would reduce the likelihood that they could 
recognize a form as one that they, a coworker, or former employee 
signed electronically.
    Different treatment of Forms DS-2019 and Forms I-20 increases 
burden and cost. Nine commenting parties expressed concern that having 
to process Forms DS-2019 differently than Forms I-20 would increase 
their burden and cost. Sponsors that processed both Forms DS-2019 and 
Forms I-20 prior to publication of the 2023 Interim Final Rule already 
followed two separate processes. Since sponsors may continue to print 
and wet-sign Forms DS-2019, implementation of digital signature 
software does not disrupt the status quo. That is, sponsors can 
continue to conduct two processes, and they are not required to adopt a 
potentially more costly alternative. Moreover, those sponsors that wish 
to continue wet-signing Forms DS-2019 may now avail themselves of the 
cost- and time-saving electronic transmission of such forms.
    Department of State already accepts electronically signed Forms I-
20. Eight commenting parties stated that there was no reason for the 
Department of State to use a different signing process than DHS 
requires for Forms I-20. The Department of State and DHS have always 
independently assessed the risks associated with their respective 
international exchange programs, and whether electronic signatures 
offer sufficient security for the Student and Exchange Visitor Program 
(SEVP) has no bearing on the security requirements for Forms DS-2019. 
The Department of State has promulgated specific regulations for the 
Exchange Visitor Program based on its assessment of the risks 
associated with the Program that may not apply to all SEVP activities.
    In their comments, many sponsors sought the capability to transmit 
Forms DS-2019 electronically to third parties acting on their behalf, 
citing the important role third parties play in their exchange 
programs. Although the Department of State continues to prohibit this 
activity, it has modified the regulations at 22 CFR 62.12(c)(3) to 
allow sponsors to permit third parties to retrieve copies of digital 
Forms DS-2019 directly from sponsors' password-protected computer 
networks and databases, at the sponsors' discretion. It is the 
Department of State's understanding that the SEVP model does not 
similarly engage foreign third parties, thereby significantly reducing 
the need to ensure protection and authenticity of their forms.
    Another difference between SEVP activities (for F or M visa 
classifications) and the Exchange Visitor Program involves the 
locations at which students and exchange visitors are placed. For 
example, except for F-1 students placed off-campus, e.g., to obtain 
practical work experience, participants entering the United States on 
F-visas are placed exclusively at SEVP-certified academic institutions. 
However, sponsors in the Private Sector categories of the Exchange 
Visitor Program (with approximately 200,000 exchange visitors starting 
new programs each year) for the most part do not similarly place their 
exchange visitors at their own locations. Non-academic sponsors place 
exchange visitors at tens of thousands of different private businesses 
or other organizations that the Department of State does not vet. The 
sheer number, variety, and location of such placements present greater 
opportunities for fraud than do placements at a finite number of 
certified academic institutions. These different levels of risk justify 
different levels of security.
    Different signatures and looks of Forms DS-2019 may confuse 
authorities. Four commenting parties expressed concern that the variety 
of physical forms and signature types could confuse U.S. Customs and 
Border agents, Social Security Administration officials, or even 
consular officers at U.S. embassies or consulates. Prior to publishing 
the 2023 Interim Final Rule, the Department of State alerted those 
entities that routinely process or review Forms DS-2019 of the upcoming 
regulatory changes. Moreover, in recent consultation with the 
Department of State's Bureau of Consular Affairs, the Office of Private 
Sector Exchange confirmed that confusion has been minimal. Going 
forward, the Department of State is prepared to address any instances 
of confusion (e.g., turnarounds at ports of entry) should they 
materialize.
    The Department of State has promulgated specific regulations for 
the Exchange Visitor Program based on its assessment of the risks 
associated with the Program that may not apply to SEVP activities. For 
example, after the implementation of SEVIS in 2002, the Department of 
State required Officers to wet-sign Forms DS-2019 in blue ink to 
differentiate original documents from forgers. The Department of State, 
therefore, confirms its decision to permit the more secure digital 
software,

[[Page 30270]]

but not generic electronic signature software.

Transmission of Forms DS-2019

    The second most frequently raised concern with the 2023 Interim 
Final Rule is the limitation on the third parties to which sponsors may 
electronically transmit Forms DS-2019. Ten parties objected to the 
exclusion of third parties (as defined in 22 CFR 62.2) of sponsors from 
the enumerated list of authorized recipients of electronically 
transmitted forms. Parties generally indicated that the visa interview 
process is facilitated by providing Forms DS-2019 directly to foreign 
third parties who perform the critical functions of checking forms for 
accuracy, helping schedule group interviews, and forwarding batches of 
Forms DS-2019 to consular sections at posts.
    First, the Department of State clarifies that only individuals who 
are employees of a sponsor are considered ``staff'' for purposes of 22 
CFR 62.12(c)(1). Staff at institutions that are designated sponsors are 
not third parties, and third parties are not considered sponsor staff. 
Two parties also questioned whether they could copy third parties when 
they transmit Forms DS-2019 electronically to members of the Department 
of State's list of acceptable recipients. Since parties receive 
electronic transmissions regardless of whether they are listed in the 
``to'' line or the ``cc'' line of an email message, sponsors may not 
copy any entities that are not enumerated in 22 CFR 62.12(c)(1).
    Five commenting parties asked whether sponsors could provide third 
parties with password-protected access to their computer network 
systems and/or databases to allow them to log on to access electronic 
Forms DS-2019. The Department of State believes that such credentialed 
access provides a degree of security not available through emailing 
electronic Forms DS-2019. There are millions of email accounts world-
wide as opposed to the small number of third parties to which sponsors 
would opt to grant network access. The risk of someone gaining 
inappropriate access to Forms DS-2019 is significantly minimized by 
restricting access in this way. Accordingly, the Department of State 
has modified the regulations at 22 CFR 62.12(c)(3) to permit this 
functionality. As a point of clarification, it notes that for purposes 
of these regulations, electronic transmission is limited to sponsor-
initiated sending of files to individuals or entities, including 
exchange visitors. Prior to making Forms DS-2019 available for third 
parties to retrieve, sponsors must either wet sign and convert forms to 
electronic files or sign the forms with digital signatures since 22 CFR 
62.12(b)(2)(i) continues to allow only Officers present in the United 
States or a U.S. territory to sign Forms DS-2019. The Department of 
State further reminds sponsors that even in a digital environment, 
there is only one ``original'' Form DS-2019. If sponsors allow third 
parties to retrieve Forms DS-2019 from sponsor network systems and/or 
databases, they must not also mail or electronically transmit the same 
forms to individuals or entities listed in Sec.  62.12(c)(1). The 
Department of State has added regulatory language at 22 CFR 62.12(c)(4) 
to prohibit sponsors from issuing multiple copies of original Forms DS-
2019.
    For those sponsors that lack the capacity to give third parties 
password-protected access to their computer network systems and/or 
databases or do not wish to provide such access, the Department of 
State reminds them that they may continue to wet-sign Forms DS-2019 and 
send paper forms to third parties pursuant to 22 CFR 62.12(c)(2).
    Other parties expressed concern that Exchange Visitor Program 
applicants may not have access to email and/or printing facilities. For 
applicants without email access, sponsors may continue to mail paper 
forms to applicants and/or to third parties. For applicants without 
printers at home, the Department of State notes that schools, 
libraries, and businesses often have printing capabilities that third 
parties may access for a minimal fee. Nothing in the regulations 
prohibits exchange visitors from, e.g., emailing Forms DS-2019 to other 
places, such as offices or friends' homes, for printing. The Department 
of State believes that these alternatives are sufficient so as not to 
disrupt the role that third parties play in assisting sponsors and 
exchange visitors with the visa interview process.

Miscellaneous Comments

    Five parties asked for clarification on how the 2023 Interim Final 
Rule changes the process of providing travel signatures on Forms DS-
2019. The new regulations provide flexibility for signing and 
transmitting Forms DS-2019 to approve travel. First, sponsors may 
either reprint Forms DS-2019, sign the travel signature space with any 
color of ink, and send them to exchange visitors using a delivery 
service; or convert Forms DS-2019 to electronic files and transmit them 
electronically. Alternatively, Officers may sign the travel signature 
space of Forms DS-2019 using a digital signature and either transmit 
them electronically or print them and send them via delivery service. 
Sponsors that approve travel should advise exchange visitors to carry 
both Forms DS-2019 when they leave the United States, i.e., the 
original paper forms and the subsequently issued forms with the travel 
authorization signature. Parties also questioned whether they should 
sign reprinted Forms DS-2019 or have exchange visitors send their 
original Forms DS-2019 or electronic versions of the forms back to 
their sponsors for processing. The Department of State clarifies that 
all these options are available to sponsors.
    Several parties asked how the new regulations impact use of the 
``reprint'' function in SEVIS, noting that sponsors cannot prohibit 
exchange visitors from reprinting the Forms DS-2019 their sponsors 
provide. Although the Department of State agrees that sponsors cannot 
effectively monitor whether exchange visitors reprint or copy Forms DS-
2019, the Department of State urges sponsors to advise exchange 
visitors whose Forms DS-2019 are lost, stolen, or damaged to contact 
their sponsors and ask for new forms. Sponsors must not electronically 
transmit or print previously issued Forms DS-2019, but rather, they 
must use the reprint function in SEVIS and send the new forms 
(electronically or via mail) to the exchange visitor and/or their 
accompanying spouse or dependents, if any. On a related matter, two 
sponsors sought clarification on what sponsors should do if former 
exchange visitors request copies of their Forms DS-2019 after their 
programs are over. Since the reprint function is available only for 
SEVIS records in ``initial'' and ``active'' status, sponsors should 
inform current exchange visitors of this limitation and encourage them 
to safeguard their original paperwork.
    In the supplemental section of the 2023 Interim Final Rule, the 
Department of State indicated that it would eliminate the phrase ``or a 
change in actual and current U.S. address'' from 22 CFR 
62.12(a)(3)(vii) because this example was not a valid reason to issue 
Forms DS-2019. In response to one party's comment that the Department 
of State did not make this change in the regulatory text, the 
Department of State now corrects this oversight by deleting the phrase 
in this final rule.
    The 2023 Interim Final Rule eliminated the requirement that 
Officers who wish to continue to wet-sign paper Forms DS-2019 use only 
blue ink. In response to one commenting party's request for 
clarification, the Department of State confirms that it has eliminated 
the requirement that Officers sign Forms DS-2019 in any specific color 
of ink.

[[Page 30271]]

    The introduction of electronic Forms DS-2019 and the potential for 
the varying physical appearance of printed forms raised questions about 
exchange visitor signature requirements and signature requirements on 
other official Department of State forms. Four parties questioned 
whether the 2023 Interim Final Rule had any impact on signature 
requirements for, e.g., Forms DS-7002 (Training/Internship Placement 
Plan). The Department of State clarifies that the Exchange Visitor 
Program regulations have never required other forms to be signed in a 
particular color of ink and then distributed via mail delivery service. 
The requirements set forth in the final rule apply only to Forms DS-
2019. One commenting party asked whether exchange visitors were 
required to sign Forms DS-2019 in ink and another noted that the 
regulations were silent on whether exchange visitors could transmit 
Forms DS-2019 electronically. The Department of State notes that this 
final rule regulates actions of designated sponsors, not exchange 
visitors.
    The addition of electronic Forms DS-2019 has raised other similar 
issues. Four parties sought clarification with respect to whether the 
requirement at 22 CFR 62.10(g) that sponsors retain copies of records 
related to their exchange visitor programs for three years referred to 
paper or electronic files. Regulations governing the retention of 
records do not specify the format in which sponsors are required to 
retain records, leaving it up to sponsors to determine whether they 
wish to retain paper, electronic, or both paper and electronic records. 
Electronic records should reflect any changes during the program and be 
consistent with the information in SEVIS, e.g., exchange visitors' 
program dates or visa status.

Regulatory Analysis and Notices

Administrative Procedure Act
    This final rule responds to public comments received on the 2023 
Interim Final Rule and makes minor revisions to the provisions on the 
control of DS-2019 forms in 22 CFR 62.12. For the reasons set forth in 
the 2023 Interim Final Rule, the Department of State does not believe 5 
U.S.C. 553(b) or (c) apply to this rulemaking.
Congressional Review Act
    This regulation is not a major rule as defined by 5 U.S.C. 804. 
This rule will not result in an annual effect on the economy of $100 
million or more; a major increase in costs or prices; or significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or on the ability of U.S.-based companies to compete with 
U.S.-based companies in domestic and export markets.
Unfunded Mandates Reform Act of 1995
    This regulation will not result in the expenditure by State, local 
or Tribal governments, in the aggregate, or by the private sector, of 
$100 million in any year, and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1501 et seq.).
Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments
    The Department of State has determined that this regulation will 
not have Tribal implications; will not impose substantial direct 
compliance costs on Indian Tribal governments; and will not preempt 
Tribal law. Accordingly, the requirements of Executive Order 13175 do 
not apply to this rulemaking.
Regulatory Flexibility Act: Small Business Impacts
    Since this rule is exempt from section 553 (Rulemaking) and section 
554 (Adjudications) of the Administrative Procedure Act, this rule is 
not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq. 
(1980)).
Executive Orders 12866, 13563, and 14094
    The Department of State has reviewed this rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866, as amended by Executive Order 14094, and 
Executive Order 13563, and affirms that this regulation is consistent 
with the guidance therein. The Office of Management and Budget (OMB) 
has designated this rule as not significant under E.O. 12866.
Executive Order 12988
    The Department of State has reviewed this rulemaking considering 
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate 
ambiguity, minimize litigation, establish clear legal standards, and 
reduce burdens.
Executive Orders 12372 and 13132--Federalism
    The Department of State finds that this regulation does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement.
Paperwork Reduction Act
    This rulemaking relates to OMB Control No. 1405-0119, Certificate 
of Eligibility for Exchange Visitor Status (J-Nonimmigrant). The 
Department of State does not anticipate a reportable change in burden 
for this information collection as a result of this rulemaking.

List of Subjects in 22 CFR Part 62

    Cultural exchange programs, Reporting and recordkeeping 
requirements.
    For the reasons stated in the preamble, the Department of State 
amends 22 CFR part 62 as follows:

PART 62--EXCHANGE VISITOR PROGRAM

0
1. The authority citation to part 62 continues to read as follows:

    Authority:  8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 
1431 et seq.; 22 U.S.C. 2451 et seq.; 22 U.S.C. 2651a; 22 U.S.C. 
6531-6553; Reorganization Plan No. 2 of 1977, 42 FR 62461, 3 CFR 
1977 Comp. p. 200; E.O. 12048, 43 FR 13361, 3 CFR, 1978 Comp., p. 
168; 8 U.S.C. 1372; section 416 of Pub. L. 107-56, 115 Stat. 354 (8 
U.S.C. 1372 note); and 8 U.S.C. 1761-1762.

0
2. Revise Sec.  62.12 to read as follows:


Sec.  62.12  Control of Forms DS-2019.

    (a) Issuance of Forms DS-2019. Sponsors must:
    (1) Grant access to SEVIS only to Responsible Officers and 
Alternate Responsible Officers and ensure that they have access to and 
use SEVIS to update required information;
    (2) Ensure that Responsible Officers and Alternate Responsible 
Officers input into SEVIS accurate, current, and updated information in 
accordance with these regulations; and
    (3) Issue Forms DS-2019 only for the following purposes if 
permitted by the regulations and, as necessary, authorized by the 
Department of State:
    (i) To facilitate the initial entry of exchange visitors and 
accompanying spouses and dependents, if any, into the United States;
    (ii) To extend the duration of participation of exchange visitors;
    (iii) To facilitate program transfers;
    (iv) To replace lost, stolen, or damaged Forms DS-2019;
    (v) To facilitate the re-entry into the United States of exchange 
visitors and accompanying spouses and dependents, if any, who travel 
outside the United States during exchange visitors' programs;
    (vi) To facilitate changes of category;
    (vii) To update information when significant changes take place in 
regard to exchange visitors' programs (e.g.,

[[Page 30272]]

substantial changes in funding or changes in primary sites of 
activity);
    (viii) To facilitate the correction of minor or technical 
infractions; and
    (ix) To facilitate a reinstatement or reinstatement update SEVIS 
status.
    (b) Verification. (1) Prior to issuing Forms DS-2019, sponsors must 
verify that prospective exchange visitors:
    (i) Are eligible for, qualified for, and accepted into the programs 
in which they will participate;
    (ii) Possess adequate financial resources to participate in and 
complete their exchange visitor programs; and
    (iii) Possess adequate financial resources to support accompanying 
spouses and dependents, if any.
    (2) Sponsors must ensure that:
    (i) Only Responsible Officers or Alternate Responsible Officers who 
are physically present in the United States or in a U.S. territory may 
sign Forms DS-2019 or print original Forms DS-2019;
    (ii) Only Responsible Officers or Alternate Responsible Officers 
whose names are printed on Forms DS-2019 are permitted to sign the 
forms; and
    (iii) Responsible Officers or Alternate Responsible Officers sign 
paper Forms DS-2019 in ink or sign Forms DS-2019 using digital 
signature software.
    (c) Transmission of Forms DS-2019. (1) Sponsors may transmit Forms 
DS-2019 either electronically (e.g., via email) or by mailing them 
(e.g., via postal or delivery service) to only the following 
individuals or entities: exchange visitors; accompanying spouses and 
dependents, if any; legal guardians of minor exchange visitors; sponsor 
staff; Fulbright Commissions and their staff; and Federal, State, or 
local government agencies or departments.
    (2) Sponsors may mail signed paper Forms DS-2019 via postal or 
delivery service to third parties acting on their behalf for 
distribution to prospective exchange visitors.
    (3) Sponsors may provide third parties acting on their behalf with 
password-protected access to the sponsors' computer network systems 
and/or databases to retrieve Forms DS-2019.
    (4) Sponsors that allow third parties to retrieve Forms DS-2019 
from their computer networks and/or databases may not electronically 
transmit or physically mail the same Forms DS-2019 to individuals or 
entities identified in paragraph (c)(1) of this section.
    (d) Allotment requests. (1) Annual Form DS-2019 allotment. Sponsors 
must submit an electronic request via SEVIS to the Department of State 
for an annual allotment of Forms DS-2019 based on the annual reporting 
cycle (e.g., academic, calendar, or fiscal year) stated in their letter 
of designation or redesignation. The Department of State has sole 
discretion to determine the number of Forms DS-2019 it will issue to 
sponsors.
    (2) Expansion of program. Requests for program expansion must 
include information such as, but not limited to, the justification for 
and source of program growth, staff increases, confirmation of 
adequately trained employees, noted programmatic successes, current 
financial information, additional overseas affiliates, additional 
third-party entities, explanations of how the sponsor will accommodate 
the anticipated program growth, and any other information the 
Department of State may request. The Department of State will take into 
consideration the current size of a sponsor's programs and the 
projected expansion of their programs in the next 12 months and may 
consult with the Responsible Officer and/or Alternate Responsible 
Officers prior to determining the number of Forms DS-2019 it will 
issue.
    (e) Safeguards and controls.
    (1) Responsible Officers and Alternate Responsible Officers must 
always secure their SEVIS User Names and passwords (i.e., not share 
User Names and passwords with any other person or not permit access to 
and use of SEVIS by any person).
    (2) Sponsors may transmit Forms DS-2019 only to the parties listed 
in paragraph (c) of this section. However, sponsors must transmit Forms 
DS-2019 to the Department of State or the Department of Homeland 
Security upon request.
    (3) Sponsors must use the reprint function in SEVIS when exchange 
visitors' Forms DS-2019 are lost, stolen, or damaged, regardless of 
whether they are transmitting forms electronically or mailing them.
    (4) Sponsors must destroy any damaged and/or unusable Forms DS-2019 
(e.g., forms with errors or forms damaged by a printer).

Rebecca Pasini,
Deputy Assistant Secretary, Office of Private Sector Exchange, Bureau 
of Educational and Cultural Affairs, U.S. Department of State.
[FR Doc. 2024-08602 Filed 4-22-24; 8:45 am]
BILLING CODE 4710-05-P