119-hr4199

[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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