Child Care Protection Improvement Act of 2020
This bill establishes an interagency task force, chaired by the Administration for Children and Families, to support states in conducting required criminal background checks for childcare staff members. Specifically, the task force must consult with relevant state agencies and develop recommendations and best practices. This includes evaluating how agencies are responding to interstate requests for information about staff, or prospective staff, who have lived in another state within the preceding five years. The task force must submit a final report with its recommendations within one year of the first meeting of the task force.
[116th Congress Public Law 279]
[From the U.S. Government Publishing Office]
[[Page 3375]]
CHILD CARE PROTECTION IMPROVEMENT ACT OF 2020
[[Page 134 STAT. 3376]]
Public Law 116-279
116th Congress
An Act
To establish a task force to assist States in implementing hiring
requirements for child care staff members to improve child
safety. <<NOTE: Dec. 31, 2020 - [S. 2683]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Child Care
Protection Improvement Act of 2020.>>
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) <<NOTE: Evaluation. Recommenda- tions.>> 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) <<NOTE: Deadline. President.>> 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.
[[Page 134 STAT. 3377]]
(e) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Analysis. Time period.>> 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 more States during
the previous 5 years and who seek employment in a child
care program in a different State;
(B) <<NOTE: List.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: List.>> 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) <<NOTE: List.>> 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) <<NOTE: Deadline.>> 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
[[Page 134 STAT. 3378]]
report containing all of the recommendations required by paragraphs (1)
and (2) of subsection (e). <<NOTE: List.>> 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).
Approved December 31, 2020.
LEGISLATIVE HISTORY--S. 2683:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 166 (2020):
Mar. 5, considered and passed Senate.
Sept. 16, considered and passed House, amended.
Dec. 19, Senate concurred in House amendment.
<all>
Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S1612)
Message on Senate action sent to the House.
Received in the House.
Referred to the House Committee on Education and Labor.
Mrs. McBath moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H4447-4449)
DEBATE - The House proceeded with forty minutes of debate on S. 2683.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4447-4448)
Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendment to Senate bill.
Resolving differences -- Senate actions: Senate agreed to the House amendment to S. 2683 by Voice Vote.
Enacted as Public Law 116-279
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Senate agreed to the House amendment to S. 2683 by Voice Vote. (consideration: CR S7853)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 116-279.
Became Public Law No: 116-279.