Modernize the Au Pair Program Act of 2025
- Sponsor
- Rep. Reschenthaler, Guy [R-PA-14]
- Committees
- Foreign Affairs Committee (primary)
- Last action
- Jun 26, 2025
Bottom line
The bill aims to standardize the au pair program nationally under federal authority, preventing state-level regulations from increasing costs or reducing flexibility for host families, while also updating program rules.
What it actually does
This bill asserts the Department of State's exclusive regulatory authority over the au pair cultural exchange program, explicitly preempting state and local laws related to it. It also directs the Secretary of State to propose new rules within 90 days to modify stipends uniformly, enhance program flexibility for various family types, and promote cultural immersion.
Proponents argue
Proponents argue this bill is crucial for maintaining the affordability and national uniformity of the au pair program, which serves as a vital childcare solution for tens of thousands of American families, including military personnel and first responders. They contend that state and local regulations threaten the program's viability by increasing costs and administrative burdens, thereby undermining its foreign policy objectives as a cultural exchange tool.
Opponents contend
Opponents might argue that the bill preempts states from enacting stronger labor protections or minimum wage standards for au pairs, potentially leading to exploitation or inadequate compensation for these workers. They may contend that a uniform national standard, especially one indexed to the federal minimum wage with room and board credits, may not adequately reflect varying costs of living or ensure fair treatment across different regions.
The bill is concise and can be read quickly, allowing ample time for informed evaluation.
Section 3
Federal Preemption of State and Local Au Pair Regulations
This section explicitly states that no state or local government can create or enforce any law, regulation, or rule that affects the au pair program administered by the Department of State. This means that the federal government, through the Department of State, has the sole power to regulate the program, overriding any existing or future state or local laws.
Supporters argue
Supporters argue that this provision is essential to maintain the national uniformity and affordability of the au pair program, preventing a patchwork of state and local regulations that could make the program prohibitively expensive or administratively complex, thereby undermining its cultural exchange mission and its role in providing affordable childcare.
Critics contend
Critics contend that this provision strips states of their ability to protect au pairs through local labor laws, potentially allowing for lower wages or fewer benefits than would be mandated by state or municipal minimum wage laws or other worker protections. They argue it could lead to a race to the bottom in terms of au pair compensation and working conditions.
Tradeoffs
This provision balances the federal interest in maintaining a uniform cultural exchange program with the desire of some states and localities to implement stronger labor protections for workers, including au pairs. It prioritizes national consistency and program affordability over localized worker protections.
Section 4
Mandate for Department of State to Update Au Pair Program Rules
This section requires the Secretary of State to develop and submit a new proposed rule to the Office of Management and Budget within 90 days. This rule must include a uniform national adjustment to au pair stipends (both weekly and educational), ensuring the program remains affordable for host families by accounting for room, board, and other program costs. It also mandates enhancing program flexibility for families with non-traditional schedules (like military or first responders) and promoting the au pair's cultural immersion within the host family.