[Congressional Record Volume 166, Number 160 (Wednesday, September 16, 2020)]
[House]
[Pages H4447-H4449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1130
CHILD CARE PROTECTION IMPROVEMENT ACT OF 2020
Mrs. McBATH. Madam Speaker, I move to suspend the rules and pass the
bill (S. 2683) to establish a task force to assist States in
implementing hiring
=========================== NOTE ===========================
September 16, 2020, on page H4447, the following appeared: Mrs.
MCBATH. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 2683) to establish a task force to assist States in
implementing hiring
The online version has been corrected to read: Mrs. MCBATH.
Madam Speaker, I move to suspend the rules and pass the bill (S.
2683) to establish a task force to assist States in implementing
hiring
========================= END NOTE =========================
requirements for child care staff members to improve child safety, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2683
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 ``Child Care Protection
Improvement Act of 2020''.
SEC. 2. TASK FORCE TO ASSIST IN IMPROVING CHILD SAFETY.
(a) Establishment.--There is established a task force, to
be known as the Interagency Task Force for Child Safety
(referred to in this section as the ``Task Force'') to
identify, evaluate, and recommend best practices and
technical assistance to assist Federal and State agencies in
fully implementing the requirements of section 658H(b) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858f(b)) for child care staff members.
(b) Composition.--Not later than 60 days after the date of
enactment of this Act, the President shall appoint the
members of the Task Force, which shall--
(1) consist of only Federal officers and employees; and
(2) include--
(A) the Director of the Office of Child Care of the
Department of Health and Human Services (or the Director's
designee), the Associate Commissioner of the Children's
Bureau of the Department of Health and Human Services (or the
Associate Commissioner's designee), and the Director of the
Federal Bureau of Investigation (or the Director's designee);
and
(B) such other Federal officers and employees (or their
designees) as may be appointed by the President.
(c) Chairperson.--The chairperson of the Task Force shall
be the Assistant Secretary of the Administration for Children
and Families of the Department of Health and Human Services.
(d) Consultation.--The Task Force shall consult with
representatives from State child care agencies, State child
protective services, State criminal justice agencies,
providers of child care services, including providers in the
private sector, and other relevant stakeholders on
identifying problems in implementing, and proposing solutions
to implement, the requirements of section 658H(b) of the
Child Care and Development Block Grant Act of 1990, as
described in that section. Such consultation shall include
consultation with State agencies that are at different stages
of such implementation.
(e) Task Force Duties.--The Task Force shall--
(1) develop recommendations for improving implementation of
the requirements of section 658H(b) of the Child Care and
Development Block Grant Act of 1990, including
recommendations about how the Task Force and member agencies
will collaborate and coordinate efforts to implement such
requirements, as described in that section; and
(2) develop recommendations in which the Task Force
identifies best practices and evaluates technical assistance
to assist relevant Federal and State agencies in implementing
section 658H(b) of the Child Care and Development Block Grant
Act of 1990, which identification and evaluation shall
include--
(A) an analysis of available research and information at
the Federal and State levels regarding the status of the
interstate requirements of that section for child care staff
members who have resided in one or
[[Page H4448]]
more States during the previous 5 years and who seek
employment in a child care program in a different State;
(B) a list of State agencies that are not responding to
interstate requests covered by that section for relevant
information on child care staff members;
(C) identification of the challenges State agencies are
experiencing in responding to such interstate requests;
(D) an analysis of the length of time it takes the State
agencies in a State to receive such results from State
agencies in another State in response to such an interstate
request, in accordance with that section;
(E) an analysis of the average processing time for the
interstate requests, in accordance with that section;
(F) identification of any fees (and entities responsible
for paying any such fees) associated with the interstate
requests in each State to meet requirements, in accordance
with section 658H of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f), including identification
of--
(i) the extent to which such fees are consistent with
subsection (f) of that section; and
(ii) information regarding factors that impact such fees;
(G) a list of States that are participating in the National
Fingerprint File program, as administered by the Federal
Bureau of Investigation, and an analysis of reasons States
have or have not chosen to participate in the program,
including barriers to participation such as barriers related
to State regulatory requirements and statutes; and
(H) a list of States that have closed record laws or
systems that prevent the States from sharing complete
criminal records data or information with State agencies in
another State.
(f) Meetings.--Not later than 3 months after the date of
enactment of this Act, the Task Force shall hold its first
meeting.
(g) Final Report.--Not later than 1 year after the first
meeting of the Task Force, the Task Force shall submit to the
Secretary of Health and Human Services, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Education and Labor of the House of
Representatives a final report containing all of the
recommendations required by paragraphs (1) and (2) of
subsection (e). The report shall also include a list of the
members of the Task Force, the agencies such members
represent, and the individuals and entities with whom the
Task Force consulted under subsection (d).
(h) No Compensation for Members.--A member of the Task
Force shall serve without compensation in addition to any
compensation received for the service of the member as an
officer or employee of the United States.
(i) Exemption From FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Task Force.
(j) Sunset.--The Task Force shall terminate 1 year after
submitting its final report under subsection (g).
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Georgia (Mrs. McBath) and the gentleman from Kentucky (Mr. Guthrie)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Georgia.
General Leave
Mrs. McBATH. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on the measure under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Georgia?
There was no objection.
Mrs. McBATH. Madam Speaker, I yield myself such time as I may
consume.
Over 75 percent of preschool-age children attend some form of early
care and education before reaching kindergarten. For this reason, it is
imperative that we ensure we are providing our children with the best
educators that will give them the best education possible.
The 2014 reauthorization of the Child Care and Development Block
Grant--or as we will say today, the CCDBG Act--made changes to the
original 1990 bill, including adding background checks to ensure that
childcare centers receiving funds through the CCDBG are employing
quality professionals.
However, in the 6 years since the reauthorization, barriers to
background check information have hindered the hiring process for
quality childcare providers.
So as of right now, there is no uniform process to share this
information across States. Each State has its own set of laws and
policies, making it harder for childcare providers to gather the
necessary information for the employees that they are hiring.
S. 2683, the Child Care Protection Improvement Act of 2020, would
create an interagency task force that will identify the obstacles in
the background check process and recommend best practices to overcoming
them.
When children attend safe, high-quality, early care and education
programs, they develop the skills that help them succeed in school and
in the future.
Madam Speaker, I reserve the balance of my time.
Mr. GUTHRIE. Madam Speaker, I yield myself such time as I may
consume.
I rise in support of S. 2683, the Child Care Protection Improvement
Act of 2020, the same bill offered by my colleagues Representatives
McBath, Keller, Taylor, Finkenauer, and Axne.
In 2014, Congress passed the Child Care Development and Block Grant
Reauthorization Act with broad bipartisan support and it required that
States conduct specified comprehensive criminal background checks for
all childcare staff members.
As part of this crucial requirement, interstate checks must be
completed in any State where the prospective employee lived over the
last 5 years. However, given the variation of individual State laws and
practices, interstate background checks have proven difficult for many
States to complete.
With only three States able to fully implement the Child Care and
Development Block Grant background checks as of March 1st, 2020, it is
time for Congress to determine the root causes of the roadblocks to
interstate background checks.
The Child Care Protection Improvement Act does just that by
establishing a task force at HHS. The task force includes the FBI and
respective CCDBG Federal agencies, as well as those who are operating
State background check systems in order to determine the issues with
the current systems.
By establishing a task force, Congress can take action to improve the
operability and preserve the resources of the grantees who are already
burdened by the red tape in the interstate background check system.
Approximately 1.3 million children receive a childcare subsidy from
the Child Care and Development Fund every month. Their parents deserve
the peace of mind that their children's caretakers have gone through
comprehensive background checks.
While good-faith efforts toward compliance have been shown and
incremental improvement has been demonstrated, more can be done to
expediently implement these crucial safety measures for our children.
The task force established in this bill is a promising step to
achieving criminal background check implementation in every State.
I thank my colleagues for working across the aisle in crafting this
legislation. I thank Chairman Scott of the Education and Labor
Committee and Republican leader Foxx for helping bring this bill to the
floor today.
Madam Speaker, I yield 2 minutes to the gentleman from North Carolina
(Mr. Murphy), my friend and an important member of our committee.
Mr. MURPHY of North Carolina. Madam Speaker, I rise today in support
of S. 2683, the Child Care Protection Improvement Act.
As a father of three and a member of the Education and Labor
Committee, the issue this legislation seeks to improve is near and dear
to me.
After reauthorizing the Child Care and Development Block Grant in
2014, which passed with broad bipartisan support, Congress added a
requirement for States to implement background checks for any childcare
employee put in charge of supervising children.
Childcare is an essential service as well as a source of employment
for many Americans, so safety and care are of the utmost concern.
Parents want to know that their children are in a good, honest, and
safe environment.
However, since this reauthorization, implementation has been very
problematic. Many States have experienced a great amount of
difficulties actually performing robust background checks.
In fact, as of March 1, 2020, only three States have been able to
fully implement the required background checks.
If passed, this bill will establish a task force at the Department of
Health and Human Services to monitor background checks and to make
recommendations for improving implementation at childcare businesses.
Keeping children safe from harm is a parent's number one concern when
they leave them in someone else's care.
Parents will be more assured when they know their caretaker and all
of
[[Page H4449]]
its employees have histories absent of criminal activity, sexual abuse,
or any other forms of neglect.
We are facing so many challenges in this Nation at this time, but
regardless, we can never stop working to make our children safe.
I thank my colleague, Senator Burr from North Carolina, for leading
this initiative in the upper Chamber. I thank my colleagues in the
House for doing the same. I look forward to its passage here in the
House.
I urge my colleagues to vote for this legislation.
Mr. GUTHRIE. Madam Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Keller), who has been an architect of this piece of
legislation.
Mr. KELLER. Madam Speaker, I rise today in support of S. 2683, the
Child Care Protection Improvement Act, legislation that is essential to
the safety of millions of American children.
I am a proud original cosponsor of H.R. 3986, which is almost an
identical companion bill in the House.
Childcare services play an integral role in our society. Families
across the Nation entrust childcare providers with the well-being of
their children on a daily basis. Every parent deserves the peace of
mind of knowing that their childcare providers are passionate, caring,
and above all, qualified.
While this is the case with a great many providers, it is imperative
for States to be able to effectively conduct background checks,
especially across State lines.
Faults in our criminal background check system can leave our children
vulnerable to bad actors. No child should ever be placed in the care of
an unqualified or dangerous person.
S. 2683 will help States address challenges in implementing
background checks required under current law, ensuring our children
receive the safest and highest quality of care possible.
I urge my colleagues to support this commonsense legislation.
Mr. GUTHRIE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, the childcare industry is critical to the well-being
of American families, and each family across our Nation deserves to
know that those who are caring for their children have gone through
thorough and necessary criminal background checks.
The Child Care Protection Improvement Act helps protect children and
gives parents peace of mind when it comes to sending their children to
a childcare facility.
This legislation is a perfect example of what Congress can accomplish
when bipartisanship and meaningful collaboration take priority over
politics.
I encourage a ``yes'' vote on S. 2683.
Madam Speaker, I yield back the balance of my time.
Mrs. McBATH. Madam Speaker, I yield myself such time as I may
consume.
I urge my colleagues to support S. 2683. We must do everything that
we can to ensure the safety of our children. Families deserve to know
that their kids are being cared for by qualified providers.
Before we close out, I thank my colleagues, Representatives Van
Taylor, Cindy Axne, Fred Keller, and Abby Finkenauer for working with
me to introduce the House companion for this bipartisan legislation.
It is so great that we were able to work together to keep our
children safe, set them up for educational success, and ensure our
qualified childcare providers have access to the opportunities they
have worked so hard for.
I also thank the Education and Labor Committee staff for their hard
work of helping us advance this legislation.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Georgia (Mrs. McBath) that the House suspend the rules
and pass the bill, S. 2683, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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