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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9677 Introduced in House (IH)]

<DOC>

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.

    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 
2024''.

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 revised version of the proposed rule entitled, 
``Exchange Visitor Program--Au Pairs'' (88 Fed. Reg. 74071; published 
October 30, 2023). The revision of the proposed rule shall--
            (1) provide a uniform national modification to the 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) maintain sufficient flexibility in the au pair program 
        which is crucial for military families, first responders, 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.
                                 <all>
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