I 

118TH CONGRESS 

2D SESSION H. R. 9677 

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 

SEPTEMBER 19, 2024 

Mr. RESCHENTHALER (for himself, Mr. ISSA, and Ms. SALAZAR) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Modernize the Au Pair 

5 Program Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Congress authorized in the Mutual Edu9 cational and Cultural Exchange Act of 1961, (22 

10 U.S.C. 2451 et. seq. (known as the ‘‘Fulbright-Hays 


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1 Act’’)) the creation of international educational and 

2 cultural exchange programs pursued through pri3 vate-public partnerships between the Federal agency 

4 responsible for foreign affairs (initially the United 

5 States Information Agency or ‘‘USIA’’) and des6 ignated sponsoring organizations. 

7 (2) In 1986, the USIA launched a pilot pro8 gram referred to as the Federal ‘‘au pair exchange 

9 program’’, whereby young foreign students would 

10 travel to the United States to live with and provide 

11 childcare to an American family, immerse themselves 

12 in American culture, and pursue academic credits at 

13 an accredited institution. 

14 (3) In 1994, Congress amended the Eisenhower 

15 Exchange Fellowship Act of 1990 (Public Law 103– 

16 415, 108 Stat. 4299 (1994)) to clarify that the 

17 USIA should continue to administer the Federal au 

18 pair program consistent with foreign affairs pur19 poses of the Fulbright-Hays Act. 

20 (4) The USIA exercised its regulatory authority 

21 over the program to promulgate comprehensive regu22 lations that set requirements for the educational 

23 component of the program, specified the eligibility 

24 criteria for au pairs, and crafted a nationally uni25 form weekly stipend formula for host families to proVerDate Sep 11 2014 03:46 Oct 01, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9677.IH H9677

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1 vide to their au pairs that was based on an assumed 

2 number of weekly hours of childcare, indexed on the 

3 Federal minimum wage, and reflected a 40 percent 

4 credit for the provided room and board. 

5 (5) In 1997, Congress authorized the Federal 

6 au pair program on a permanent basis (Public Law 

7 105–48, 111 Stat. 1165 (1997)). 

8 (6) In 1999, the USIA disbanded and Congress 

9 transferred regulatory authority for the au pair pro10 gram to the Department of State. 

11 (7) The au pair program is an important public 

12 diplomacy tool that furthers foreign policy objectives 

13 of the United States. 

14 (8) The au pair program provides a critical 

15 source of affordable childcare for tens of thousands 

16 of American families at a time when the lack of ac17 cess to such care costs the economy of the United 

18 States an estimated $122,000,000,000 annually in 

19 lost earnings, productivity, and revenue. 

20 (9) Studies have shown that over 10 percent of 

21 au pair host families are active duty military per22 sonnel, and additionally the au pair program has be23 come an essential source of childcare for families of 

24 first responders, single parents, and shift workers 

25 and others with non-traditional work schedules. 


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1 (10) Any and all Federal regulations pertaining 

2 to the au pair program must retain the national uni3 formity and affordability integral to allowing Amer4 ican working families to continue their participation 

5 in the program. 

6 (11) American families participating in the au 

7 pair program must have clarity and confidence in 

8 what laws and regulations are applicable to the pro9 gram. 

10 (12) It is clear that, consistent with congres11 sional intent, the au pair program must be exclu12 sively regulated by Federal law to successfully serve 

13 a foreign affairs purpose. 

14 SEC. 3. CLARIFICATION OF EXCLUSIVE FEDERAL REGU15 LATORY AUTHORITY. 

16 A State or political subdivision of a State may not 

17 enact or enforce a law, regulation, or other provision hav18 ing the force or effect of law related to the au pair pro19 gram administered by the Department of State. 

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

21 Not later than 90 days after the date of enactment 

22 of this Act, the Secretary of State shall submit to the Di23 rector of the Office of Management and Budget a revised 

24 version of the proposed rule entitled, ‘‘Exchange Visitor 


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1 Program—Au Pairs’’ (88 Fed. Reg. 74071; published Oc2 tober 30, 2023). The revision of the proposed rule shall— 

3 (1) provide a uniform national modification to 

4 the stipend provided by a host family to an au pair, 

5 in a manner that does not make the program pro6 hibitively expensive for and reflects the room, board, 

7 and other programmatic costs borne by a host fam8 ily; 

9 (2) maintain sufficient flexibility in the au pair 

10 program which is crucial for military families, first 

11 responders, shift workers, and other host families 

12 with non-traditional work schedules; and 

13 (3) promote the immersion of an au pair into 

14 the family life of their host family, consistent with 

15 the cultural exchange purposes of the au pair pro16 gram. 

Æ 


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