Modernize the Au Pair Program Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4199 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 4199

  To clarify the Department of State's exclusive regulatory authority
  over the au pair cultural exchange program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2025

 Mr. Reschenthaler (for himself, Ms. Salazar, and Mr. Issa) introduced
  the following bill; which was referred to the Committee on Foreign
                                Affairs

_______________________________________________________________________

                                 A BILL

  To clarify the Department of State's exclusive regulatory authority
  over the au pair cultural exchange program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Modernize the Au Pair Program Act of
2025''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Congress authorized in the Mutual Educational and
        Cultural Exchange Act of 1961, (22 U.S.C. 2451 et. seq. (known
        as the ``Fulbright-Hays Act'')) the creation of international
        educational and cultural exchange programs pursued through
        private-public partnerships between the Federal agency
        responsible for foreign affairs (initially the United States
        Information Agency or ``USIA'') and designated sponsoring
        organizations.
            (2) In 1986, the USIA launched a pilot program referred to
        as the Federal ``au pair exchange program'', whereby young
        foreign students would travel to the United States to live with
        and provide childcare to an American family, immerse themselves
        in American culture, and pursue academic credits at an
        accredited institution.
            (3) In 1994, Congress amended the Eisenhower Exchange
        Fellowship Act of 1990 (Public Law 103-415, 108 Stat. 4299
        (1994)) to clarify that the USIA should continue to administer
        the Federal au pair program consistent with foreign affairs
        purposes of the Fulbright-Hays Act.
            (4) The USIA exercised its regulatory authority over the
        program to promulgate comprehensive regulations that set
        requirements for the educational component of the program,
        specified the eligibility criteria for au pairs, and crafted a
        nationally uniform weekly stipend formula for host families to
        provide to their au pairs that was based on an assumed number
        of weekly hours of childcare, indexed on the Federal minimum
        wage, and reflected a 40 percent credit for the provided room
        and board.
            (5) In 1997, Congress authorized the Federal au pair
        program on a permanent basis (Public Law 105-48, 111 Stat. 1165
        (1997)).
            (6) In 1999, the USIA disbanded and Congress transferred
        regulatory authority for the au pair program to the Department
        of State.
            (7) The au pair program is an important public diplomacy
        tool that furthers foreign policy objectives of the United
        States.
            (8) The au pair program provides a critical source of
        affordable childcare for tens of thousands of American families
        at a time when the lack of access to such care costs the
        economy of the United States an estimated $122,000,000,000
        annually in lost earnings, productivity, and revenue.
            (9) Studies have shown that over 10 percent of au pair host
        families are active duty military personnel, and additionally
        the au pair program has become an essential source of childcare
        for families of first responders, single parents, and shift
        workers and others with non-traditional work schedules.
            (10) Any and all Federal regulations pertaining to the au
        pair program must retain the national uniformity and
        affordability integral to allowing American working families to
        continue their participation in the program.
            (11) American families participating in the au pair program
        must have clarity and confidence in what laws and regulations
        are applicable to the program.
            (12) It is clear that, consistent with congressional
        intent, the au pair program must be exclusively regulated by
        Federal law to successfully serve a foreign affairs purpose.

SEC. 3. CLARIFICATION OF EXCLUSIVE FEDERAL REGULATORY AUTHORITY.

    A State or political subdivision of a State may not enact or
enforce a law, regulation, or other provision having the force or
effect of law related to the au pair program administered by the
Department of State.

SEC. 4. REVISED PROPOSED RULE ON AU PAIR PROGRAM.

    Not later than 90 days after the date of enactment of this Act, the
Secretary of State shall submit to the Director of the Office of
Management and Budget a proposed rule that shall--
            (1) provide a uniform national modification to the stipend
        and the educational stipend provided by a host family to an au
        pair, in a manner that does not make the program prohibitively
        expensive for and reflects the room, board, and other
        programmatic costs borne by a host family;
            (2) enhance flexibility in the au pair program, to
        accommodate unique work and family scheduling needs of military
        families, first responders, single parents, shift workers, and
        other host families with non-traditional work schedules; and
            (3) promote the immersion of an au pair into the family
        life of their host family, consistent with the cultural
        exchange purposes of the au pair program.
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