I 108th CONGRESS 2d Session H. R. 3998 IN THE HOUSE OF REPRESENTATIVES March 18, 2004 Mr. Cooper (for himself and Mr. Foley) introduced the following bill; which was referred to the Committee on International Relations A BILL To expand au pair exchange visitor programs to include the provision of in-home independent living services for adults with disabilities, and for other purposes.

1.

Short title

This Act may be cited as the &short-title1;.

2.

Findings

The Congress finds the following: (1)Since their inception in 1986, au pair exchange visitor programs have become some of the most successful cultural exchange programs in the history of the United States. (2)Au pair exchange visitor programs welcome approximately 12,000 au pairs into the United States per year. (3)Permanently authorized in 1997, au pair exchange visitor programs historically only included a child care component for participants. (4)The success of au pair exchange visitor programs in helping to meet the child care needs of families in the United States demonstrates the programs’ capacity to fulfill a demand for in-home assistance while also providing a valuable cultural experience for au pair participants. (5)Currently, there is a critical shortage of providers of in-home independent living services for adults with low or moderate levels of disability. Although these adults only require moderate levels of assistance with basic activities of daily living, the shortage of providers forces many of these adults to rely unnecessarily on expensive skilled care services or to live in an institutional setting at great cost. (6)The expansion of au pair exchange visitor programs to include the provision of in-home independent living services for adults with disabilities would not only improve the quality of life for such adults but would expand opportunities for foreign students to participate in such programs. (7)Due to the complexities of such an expansion, a pilot program using sponsors that are already designated by the Department of State to conduct an au pair exchange program is the appropriate way to gauge the merits of undertaking such expansion on a permanent basis.

3.

Pilot program expanding au pair program to include in-home assistance programs for adults with disabilities

(a)

Establishment of Pilot Program; Termination

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish a pilot program under which sponsors designated by the Department of State to conduct an au pair exchange visitor program may place foreign nationals participating in such program in positions that require the foreign national to provide in-home independent living services to an adult with disabilities rather than child care services. Only sponsors designated by the Department of State to conduct an au pair exchange visitor program on the date of the enactment of this Act may participate in such pilot program. Such pilot program shall terminate not earlier than 5 years after the date on which it is commenced. (b)

Regulations

In promulgating regulations under subsection (a), the Secretary of State— (1)shall define in-home independent living services to include only home support services such as— (A)personal care (such as walking, bathing, dressing, and assistance with eating); (B)homemaker services (shopping, meal preparation, and light housekeeping); and (C)performance of routine household chores (cleaning and yard work) and to exclude the provision of medical care or other services that are required to be delivered by licensed health professionals or under the direction of a physical or occupational therapist; (2)shall ensure that all cultural exchange and educational aspects of the existing au pair exchange visitor programs are unimpaired; (3)may include provisions expanding the age range of au pair candidates desiring to provide in-home independent living services to adults with disabilities; and (4)shall establish standards to ensure that foreign nationals placed pursuant to the pilot program receive appropriate training to prepare them for their work with adults with disabilities.