September 16, 2020 - Issue: Vol. 166, No. 160 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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CHILD CARE PROTECTION IMPROVEMENT ACT OF 2020; Congressional Record Vol. 166, No. 160
(House of Representatives - September 16, 2020)
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[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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