Federal Au Pair Bill Blocks All State Regulations, Mandates New Pay Structure Within 90 Days

The Modernize the Au Pair Program Act of 2025 is tackling the federal cultural exchange program that provides childcare for thousands of American families. The core goal is twofold: update the financial structure for au pairs and, critically, ensure the program is regulated only at the national level. Specifically, the Secretary of State must propose a new rule within 90 days that changes the required weekly pay (stipend) and educational allowance that host families must provide. This is a direct response to the reality that a lack of affordable childcare is costing the U.S. economy billions annually, and this program is a key resource, especially for military families and first responders (SEC. 2).

The Federal Takeover: One Rule for All

Section 3 is the heavy hitter here, establishing what is called “exclusive Federal regulatory authority.” What this means for you is that no state, county, or city government can pass or enforce any local law that tries to regulate the federal au pair program. If the State Department runs it, local governments have to back off completely. This is a huge deal for the principle of national uniformity, ensuring that a host family in California faces the exact same rules as a host family in Texas. The stated reason is to maintain the program’s function as a foreign policy tool and keep it stable for working families nationwide (SEC. 2, SEC. 3). However, this also means that if a state wanted to pass a law requiring higher wages or better labor protections for au pairs based on local cost-of-living standards, they are now explicitly blocked from doing so.

Balancing the Books: Pay, Education, and Affordability

Section 4 mandates a major overhaul of the financial requirements. The State Department must propose a new rule within three months to change the standard weekly stipend and the educational allowance. This is good news for au pairs, who will likely see an increase in their required pay. But here’s the catch: the bill requires the State Department to balance these increases against the need to ensure the program “doesn’t become too expensive for host families.” They have to factor in the costs families already cover, like room and board (SEC. 4). This creates a tightrope walk for the State Department—they need to raise the pay without pricing out the very families, like those with non-traditional work hours or single parents, who rely on the program’s current affordability.

Flexibility vs. Fair Hours

Another key directive in Section 4 is the push to make the program more flexible, particularly for families with non-traditional schedules, such as first responders working 24-hour shifts or parents working nights. While this is a clear benefit for those families who desperately need flexible childcare, the bill doesn't provide clear guardrails on what that “flexibility” looks like. If the new rules allow for scheduling changes without clearly defining maximum hours or required time off, there’s a risk that the au pair’s cultural exchange experience could be overshadowed by increased work demands, potentially leading to overwork under the guise of “flexibility.” The devil will be in the details of the State Department’s proposed rule, which we should see in about 90 days.