[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3315 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3315

  To amend the Child Care and Development Block Grant Act of 1990 to 
      require criminal background checks of child care providers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2009

Mr. Carson of Indiana (for himself, Ms. Bordallo, Ms. Corrine Brown of 
    Florida, Ms. Jackson-Lee of Texas, Mr. Pascrell, Mr. Stark, Mr. 
Shimkus, Mr. Meeks of New York, Mr. Grayson, and Mr. Sablan) introduced 
 the following bill; which was referred to the Committee on Education 
                               and Labor

_______________________________________________________________________

                                 A BILL


 
  To amend the Child Care and Development Block Grant Act of 1990 to 
      require criminal background checks of child care providers.

    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 Criminal Background Check 
Act of 2009''.

SEC. 2. PURPOSE.

    The purpose of this Act is to assist States in improving the 
overall quality of child care services in the State by requiring 
national criminal background checks of child care providers that are 
licensed by the State or that receive funds under the Child Care and 
Development Block Grant Act of 1990.

SEC. 3. AMENDMENTS.

    (a) State Plan.--Section 658E(c)(2) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) is amended 
by adding at the end the following:
                    ``(I) Criminal background check.--Certify that the 
                State will--
                            ``(i) require each eligible child care 
                        provider (excluding an eligible child care 
                        provider described in section 658P(5)(B)) that 
                        is licensed by the State or receives funds 
                        provided under this subchapter--
                                    ``(I) to obtain from the State a 
                                comprehensive criminal background check 
                                of--
                                            ``(aa) each employee who 
                                        provides child care services;
                                            ``(bb) each applicant for 
                                        employment to provide such 
                                        services; and
                                            ``(cc) each family child 
                                        care provider who provides or 
                                        applies to provide such 
                                        services;
                                    ``(II) to refuse to employ an 
                                individual to provide such services--
                                            ``(aa) if such individual 
                                        was convicted, in the then most 
                                        recent 5-year period ending on 
                                        the date of receipt of such a 
                                        criminal background check, of--

                                                    ``(AA) a crime of 
                                                violence (as defined in 
                                                section 20101 of 
                                                subtitle A of title II 
                                                of the Violent Crime 
                                                Control and Law 
                                                Enforcement Act of 1994 
                                                (42 U.S.C. 13701)); or

                                                    ``(BB) a crime 
                                                against a child for 
                                                which the penalty 
                                                exceeds imprisonment 
                                                for a term exceeding 1 
                                                year;

                                            ``(bb) to an eligible child 
                                        without the supervision of an 
                                        employee whose criminal 
                                        background check satisfies the 
                                        requirements of the 
                                        subparagraph, pending receipt 
                                        of such a criminal background 
                                        check of such individual; and
                                            ``(cc) to an eligible child 
                                        with the supervision of an 
                                        employee whose criminal 
                                        background check satisfies the 
                                        requirements of the 
                                        subparagraph and for a period 
                                        exceeding 90 days, pending 
                                        receipt of such a criminal 
                                        background check of such 
                                        individual; and
                            ``(ii) carry out at the request of an 
                        eligible child care provider, as soon as 
                        practicable, a comprehensive criminal 
                        background check (at the State option for a fee 
                        not to exceed the actual cost to the State) of 
                        each employee of, and each applicant for 
                        employment by, a child care provider that is 
                        licensed by the State or receives funds 
                        provided under this subchapter by the State, 
                        and make the results of such check available to 
                        such provider and to such employee or 
                        applicant.
                At the request of a State, the Secretary may waive for 
                1 fiscal year the application of this subparagraph to 
                the State if the State demonstrates a good faith effort 
                to comply with the requirements specified in this 
                subparagraph and its inability to so comply.''.
    (b) Enforcement.--Section 658I(b)(2) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858g(i)(b)(2)) is 
amended by adding at the end the following:
                ``If a State fails to comply substantially with the 
                requirements specified in section 658e(c)(2)(I), the 
                Secretary shall reduce by 10 percent the State 
                allotment for the fiscal year following the fiscal year 
                with respect to which noncompliance is found.''.

SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    This Act and the amendments made by this Act shall take effect 2 
years after the date of the enactment of this Act.
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