H.R. 4199

[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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