[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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