Sec. 110. Electronic interstate data exchange system
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Title I of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq.) is amended by adding at the end the following: The Secretary of Health and Human Services shall consider the recommendations included in the reports required under paragraph (8)(A) and subsection (b)(2) in developing an electronic interstate data exchange system that allows State entities responsible under State law for maintaining child abuse and neglect registries to communicate information across State lines.
In developing the electronic interstate data exchange system under paragraph (1), the Secretary shall— use interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; develop policies and governance standards that— ensure consistency in types of information shared and not shared; and specify circumstances under which data should be shared through the interstate data exchange system; and ensure that all standards and policies adhere to the privacy, security, and civil rights laws of each State and Federal law.
The electronic interstate data exchange system may only be used for purposes relating to child safety. Not later than 6 months after the date of the enactment of this section, the Secretary of Health and Human Services shall begin implementation of a pilot program to generate recommendations for the full integration of the electronic interstate data exchange system. Such pilot program shall include not less than 10 States and not more than 15 States. Not later than 30 months after the date of the enactment of this section, the Secretary of Health and Human Services shall complete the pilot program described in subparagraph (A).
The Secretary of Health and Human Services may assist States in the integration of this system into the infrastructure of each State using funds appropriated under this subsection. As a condition on eligibility for receipt of funds under section 106, each State shall— participate in the electronic interstate data exchange system to the fullest extent possible in accordance with State law (as determined by the Secretary of Health and Human Services) not later than December 31, 2027; and prior to the participation described in subparagraph (A), provide to the Secretary of Health and Human Services an assurance that the child abuse and neglect registry of such State provides procedural due process protections with respect to including individuals on such registry.
The Secretary of Health and Human Services may not access or store data from the electronic interstate data exchange system, unless the State to which such data pertains voluntarily shares such data with the Secretary of Health and Human Services. The Secretary of Health and Human Services shall prepare and submit to Congress— not later than 3 years after the date of the enactment of this section, a report on the recommendations from the pilot program described in paragraph (4); and not later than January 31, 2025, a report on the progress made in implementing this subsection.
Of the funds appropriated under section 112 for a fiscal year— for each of fiscal years 2020 and 2021, $2,000,000 shall be reserved to carry out this section; and for each of fiscal years 2022 through 2025, $1,000,000 shall be reserved to carry out this section. Not later than 60 days after the date of the enactment of this section, the Secretary of Health and Human Services shall convene a working group to study and make recommendations on the following: The feasibility of making publicly available on the website of each State definitions and standards of substantiated child abuse and neglect for the State.
Whether background check requirements under this Act, the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq.), and part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq.) are complementary or if there are discrepancies that need to be addressed. How to improve communication between and across States, including through the use of technology and the use of the electronic interstate data exchange system established under subsection (a), to allow for more accurate and efficient exchange of child abuse and neglect records.
How to reduce barriers and establish best practices for the State to provide timely responses to requests from other States for information contained in the State’s child abuse and neglect registry through the electronic interstate data exchange system established under subsection (a). How to ensure due process for any individual included in a State’s child abuse and neglect registry, including the following: The level of evidence necessary for inclusion in the State’s child abuse and neglect registry.
The process for notifying such individual of inclusion in the State’s child abuse and neglect registry and the implications of such inclusion. The process for providing such individual the opportunity to challenge such inclusion, and the procedures for resolving such challenge. The length of time an individual’s record is to remain in the State’s child abuse and neglect registry, and the process for removing such individual’s record. The criteria for when such individual’s child abuse and neglect registry record may be— made accessible to the general public; made available for purposes of an employment check; and be shared for the purposes of participation in the electronic interstate data exchange system described in subsection (a).
Not later than 18 months after the date of the enactment of this section, the working group convened under paragraph
(1)shall submit a report containing its recommendations 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. There shall be no requirement for any State to adopt the recommendations of the working group, nor shall the Secretary of Health and Human Services incentivize or coerce any State to adopt any such recommendation. .
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