[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2903 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2903

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2009

  Mr. Burr (for himself and Mr. Enzi) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Child Care and Development Block Grant Act of 1990 to 
      require criminal background checks for 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 Protection Act of 2009''.

SEC. 2. REQUIREMENT OF CRIMINAL BACKGROUND CHECKS.

    The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
9858 et seq.) is amended by inserting after section 658G the following 
new section:

``SEC. 658H. CRIMINAL BACKGROUND CHECKS.

    ``(a) In General.--A State that receives funds to carry out this 
subchapter shall have in effect--
            ``(1) requirements, policies, and procedures to require and 
        conduct criminal background checks for child care staff members 
        (including prospective child care staff members) of child care 
        providers described in subsection (c); and
            ``(2) licensing, regulation, and registration requirements, 
        as applicable, that prohibit the employment of child care staff 
        members as described in subsection (c).
    ``(b) Requirements.--A criminal background check for a child care 
staff member under subsection (a) shall include--
            ``(1) a search of the State criminal registry or repository 
        in the State where the child care staff member resides and each 
        State where such staff member previously resided;
            ``(2) a search of State-based child abuse and neglect 
        registries and databases in the State where the child care 
        staff member resides and each State where such staff member 
        previously resided;
            ``(3) a search of the National Crime Information Center;
            ``(4) a Federal Bureau of Investigation fingerprint check 
        using the Integrated Automated Fingerprint Identification 
        System; and
            ``(5) a search of the National Sex Offender Registry 
        established under the Adam Walsh Child Protection and Safety 
        Act of 2006 (42 U.S.C. 16901 et seq.).
    ``(c) Prohibitions.--
            ``(1) Child care staff members.--A child care staff member 
        shall be ineligible for employment by a child care provider 
        that is licensed, regulated, or registered by the State or 
        receives funds provided under this subchapter in a State if 
        such individual--
                    ``(A) refuses to consent to the criminal background 
                check described in subsection (b);
                    ``(B) makes a false statement in connection with 
                such criminal background check;
                    ``(C) is registered, or is required to be 
                registered, on a State sex offender registry or the 
                National Sex Offender Registry established under the 
                Adam Walsh Child Protection and Safety Act of 2006 (42 
                U.S.C. 16901 et seq.);
                    ``(D) has been convicted of a felony consisting 
                of--
                            ``(i) murder, as described in section 1111 
                        of title 18, United States Code;
                            ``(ii) child abuse or neglect;
                            ``(iii) a crime against children, including 
                        child pornography;
                            ``(iv) spousal abuse;
                            ``(v) a crime involving rape or sexual 
                        assault;
                            ``(vi) kidnaping;
                            ``(vii) arson; or
                            ``(viii) physical assault, battery, or a 
                        drug-related offense, committed within the past 
                        5 years.
            ``(2) Child care providers.--A child care provider 
        described in paragraph (1) shall be ineligible for funds 
        provided under this subchapter if the provider employs a staff 
        member who is ineligible for employment under paragraph (1).
    ``(d) Submittal of Requests for Background Checks.--
            ``(1) In general.--A child care provider covered by 
        subsection (c) shall submit a request, to the appropriate State 
        agency designated by a State, for a criminal background check 
        described in subsection (b), for each child care staff member 
        (including prospective child care staff members) of the 
        provider.
            ``(2) Staff members.--In the case of an individual who 
        became a child care staff member before the date of enactment 
        of the Child Care Protection Act of 2009, the provider shall 
        submit such a request--
                    ``(A) prior to the last day described in subsection 
                (i)(1); and
                    ``(B) not less often than once during each 5-year 
                period following the first submission date under this 
                paragraph for that staff member.
            ``(3) Prospective staff members.--In the case of an 
        individual who is a prospective child care staff member on or 
        after than that date of enactment, the provider shall submit 
        such a request--
                    ``(A) prior to the date the individual becomes a 
                child care staff member of the provider; and
                    ``(B) not less often than once during each 5-year 
                period following the first submission date under this 
                paragraph for that staff member.
    ``(e) Background Check Results and Appeals.--
            ``(1) Background check results.--The State shall carry out 
        the request of a child care provider for a criminal background 
        check as expeditiously as possible and shall provide the 
        results of the criminal background check to such provider.
            ``(2) Appeals.--The State shall provide for a process by 
        which a child care staff member (including a prospective child 
        care staff member) may appeal the results of a criminal 
        background check conducted under this section to challenge the 
        accuracy or completeness of the information contained in such 
        member's criminal background report.
    ``(f) Fees for Background Checks.--Fees that a State may charge for 
the costs of conducting a criminal background check as required by this 
section shall not exceed the actual costs to the State for the 
administration of such criminal background checks.
    ``(g) Construction.--Nothing in this section shall be construed to 
prevent a State from disqualifying individuals as child care staff 
members based on their conviction for crimes not specifically listed in 
this section that bear upon an individual's fitness to provide care for 
and have responsibility for the safety and well-being of children.
    ``(h) Definitions.--In this section--
            ``(1) the term `child care provider' means a center-based 
        child care provider, a group home child care provider, a family 
        child care provider, or other provider of child care services 
        for compensation and on a regular basis that--
                    ``(A) is not an individual who is related to all 
                children for whom child care services are provided; and
                    ``(B) is licensed, regulated, or registered under 
                State law or receives funds provided under this 
                subchapter; and
            ``(2) the term `child care staff member' means an 
        individual (other than an individual who is related to all 
        children for whom child care services are provided)--
                    ``(A) who is employed by a child care provider for 
                compensation;
                    ``(B) whose activities involve the care or 
                supervision of children for a child care provider or 
                access to children who are cared for or supervised by a 
                child care provider; or
                    ``(C) who is a family child care provider.
    ``(i) Effective Date.--
            ``(1) In general.--A State that receives funds to carry out 
        this subchapter shall meet the requirements of this section for 
        the provision of criminal background checks for child care 
        staff members described in subsection (d)(1) not later than the 
        last day of the second full fiscal year after the date of 
        enactment of the Child Care Protection Act of 2009.
            ``(2) Extension.--The Secretary may grant a State an 
        extension of time, of not more than 1 fiscal year, to meet the 
        requirements of this section if the State demonstrates a good 
        faith effort to comply with the requirements of this section.
            ``(3) Penalty for noncompliance.--Except as provided in 
        paragraphs (1) and (2), for any fiscal year that a State fails 
        to comply substantially with the requirements of this section, 
        the Secretary shall withhold 5 percent of the funds that would 
        otherwise be allocated to that State under this subchapter for 
        the following fiscal year.''.
                                 <all>