Modernize the Au Pair Program Act of 2025

Bill Number

H.R. 4199

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

International Affairs

Status

Introduced

Latest Action

2025-06-26: Referred to the House Committee on Foreign Affairs.

Last Updated

2026-07-01T08:09:07Z

AI-Generated Summary

Purpose of the Legislation

The "Modernize the Au Pair Program Act of 2025" aims to affirm the U.S. Department of State's sole authority to regulate the au pair cultural exchange program, which brings young foreign participants to live with American host families for childcare and cultural immersion. It seeks to maintain the program's national uniformity, affordability, and focus on foreign policy goals while updating rules to better support diverse host families.

Key Provisions

• Short Title (Section 1): Names the act the "Modernize the Au Pair Program Act of 2025."
• Findings (Section 2): Outlines the program's history, starting from the 1961 Mutual Educational and Cultural Exchange Act (Fulbright-Hays Act), its evolution through agencies like the U.S. Information Agency (USIA) and transfer to the Department of State in 1999. It emphasizes the program's role in public diplomacy, affordable childcare (addressing a $122 billion annual economic loss from childcare shortages), and support for military families, first responders, single parents, and shift workers. It stresses the need for federal-only regulation to ensure uniformity and clarity.
• Exclusive Federal Authority (Section 3): Prohibits states or local governments from creating or enforcing any laws, rules, or measures related to the federally administered au pair program.
• Rulemaking Requirement (Section 4): Directs the Secretary of State to submit a proposed rule to the Office of Management and Budget within 90 days of enactment. The rule must:
• Adjust the national stipend (weekly payment) and educational allowance for au pairs in a uniform way that accounts for room, board, and other costs to keep the program affordable for host families.
• Increase program flexibility to fit the schedules of military families, first responders, single parents, shift workers, and others with non-standard hours.
• Encourage au pairs' deeper integration into host family life to align with the program's cultural exchange goals.

Significant Changes to Existing Law

• Federal Preemption: Introduces explicit language barring state or local interference, building on prior laws like the 1994 and 1997 amendments that placed the program under federal control. This clarifies and strengthens the Department of State's exclusive oversight, preventing fragmented state-level rules that could disrupt national uniformity.
• Program Modernization: Mandates updates to stipend calculations (previously based on federal minimum wage with a 40% credit for room and board) and adds flexibility provisions not previously required, addressing modern family needs without altering the program's core foreign affairs purpose.

Potential Impacts

• On Government Agencies: Places a short-term obligation on the Department of State to develop and propose rules, potentially streamlining federal administration by eliminating state overlaps. It reinforces the program's role in U.S. foreign policy through cultural exchanges.
• On Citizens: Enhances access to affordable, reliable childcare for over 10% of host families who are active-duty military, plus first responders, single parents, and shift workers. Maintains low costs to sustain participation amid economic pressures, benefiting tens of thousands of American families.
• On International Relations: Bolsters the program as a public diplomacy tool, fostering positive cultural ties with foreign participants' home countries and advancing U.S. foreign policy objectives without major disruptions.

Main Stakeholders Affected

• Department of State and Sponsoring Organizations: Gain clearer regulatory control and must implement updates to stipends and flexibility.
• Au Pairs: Foreign participants (young students) benefit from potential stipend adjustments and enhanced family immersion, while ensuring consistent national standards.
• Host Families: American families, especially military personnel, single parents, first responders, and those with irregular schedules, receive more tailored support and affordability to continue using the program for childcare.
• State and Local Governments: Lose ability to regulate the program, shifting authority fully to federal level.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Establishes strong federal preemption (the supremacy of national law over state law) under the foreign affairs powers granted to Congress, potentially reducing legal challenges from varying state rules. This aligns with the program's roots in the Fulbright-Hays Act, emphasizing uniformity to avoid confusion for participants.
• Constitutional Implications: Relies on Congress's authority over foreign relations and interstate commerce (as the program involves international exchanges and national economic benefits like childcare). It could face scrutiny if states argue it unduly limits their traditional role in labor or family matters, but the bill frames it as essential for foreign policy consistency.
• Political Implications: Supports working families and military readiness by addressing childcare gaps, which could appeal across party lines. It underscores the program's economic value ($122 billion in potential savings) and diplomatic role, without introducing new funding or major overhauls.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Reschenthaler, Guy [R-PA-14]

Cosponsors (9)

Rep. Salazar, Maria Elvira [R-FL-27], Rep. Issa, Darrell [R-CA-48], Rep. Baumgartner, Michael [R-WA-5], Rep. Lawler, Michael [R-NY-17], Rep. Harrigan, Pat [R-NC-10], Rep. Fitzgerald, Scott [R-WI-5], Rep. Hudson, Richard [R-NC-9], Rep. Goldman, Craig A. [R-TX-12], Rep. Gooden, Lance [R-TX-5]

Recent Actions

• 2025-06-26: Referred to the House Committee on Foreign Affairs.
• 2025-06-26: Introduced in House
• 2025-06-26: Introduced in House

Bill Versions

• Modernize the Au Pair Program Act of 2025 — issued 2025-06-26 — PDF (5 pages)