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