,,ii #aacth ,,congress #ast ,session ,s4 #fbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bj1 #bjac ,mr4 ,burr 7for himself1 ,ms4 ,mikulski1 ,mr4 ,rubio1 ,mr4 ,hatch1 ,mrs4 ,boxer1 and ,mr4 ,bennet7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,child ,care and ,development ,block ,grant ,act of #aiij to require criminal background checks for child care providers4 #a4 ,short title ,this ,act may be cited as the ,child ,care ,protection ,act of #bjac4 #b4 ,requirement of criminal background checks ,the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh et seq47 is amended by inserting after section #feh;,g the following new section3 #feh;,h4 ,criminal background checks 7a7 ,in general ,a ,state that receives funds to carry out this subchapter shall have in effect-- 7#a7 requirements1 policies1 and procedures to require and conduct criminal background checks for child care staff members 7including prospective child care staff members7 of child care providers described in subsection 7c72 and 7#b7 licensing1 regulation1 and registration requirements1 as applicable1 that prohibit the employment of child care staff members as described in subsection 7c74 7b7 ,requirements ,a criminal background check for a child care staff member under subsection 7a7 shall include-- 7#a7 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 resided2 7#b7 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 resided2 7#c7 a search of the ,national ,crime ,information ,center2 7#d7 a ,federal ,bureau of ,investigation fingerprint check using the ,integrated ,automated ,fingerprint ,identification ,system2 and 7#e7 a search of the ,national ,sex ,offender ,registry established under the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afija et seq474 7c7 ,prohibitions 7#a7 ,child care staff members ,a child care staff member shall be ineligible for employment by a child care provider that is licensed1 regulated1 or registered by the ,state or receives funds provided under this subchapter in a ,state if such individual-- 7,a7 refuses to consent to the criminal background check described in subsection 7b72 7,b7 makes a false statement in connection with such criminal background check2 7,c7 is registered1 or is required to be registered1 on a ,state sex offender registry or the ,national ,sex ,offender ,registry established under the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afija et seq472 or 7,d7 has been convicted of a felony consisting of-- 7i7 murder1 as described in section #aaaa of title #ah1 ,united ,states ,code2 7ii7 child abuse or neglect2 7iii7 a crime against children1 including child pornography2 7iv7 spousal abuse2 7v7 a crime involving rape or sexual assault2 7vi7 kidnaping2 7vii7 arson2 or 7viii7 physical assault1 battery1 or a drug-related offense1 committed within the past #e years4 7#b7 ,child care providers ,a child care provider described in paragraph 7#a7 shall be ineligible for funds provided under this subchapter if the provider employs a staff member who is ineligible for employment under paragraph 7#a74 7d7 ,submittal of requests for background checks 7#a7 ,in general ,a child care provider covered by subsection 7c7 shall submit a request1 to the appropriate ,state agency designated by a ,state1 for a criminal background check described in subsection 7b71 for each child care staff member 7including prospective child care staff members7 of the provider4 7#b7 ,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 #bjac1 the provider shall submit such a request-- 7,a7 prior to the last day described in subsection 7i77#a72 and 7,b7 not less often than once during each #e-year period following the first submission date under this paragraph for that staff member4 7#c7 ,prospective staff members ,in the case of an individual who is a prospective child care staff member on or after than that date of enactment1 the provider shall submit such a request-- 7,a7 prior to the date the individual becomes a child care staff member of the provider2 and 7,b7 not less often than once during each #e-year period following the first submission date under this paragraph for that staff member4 7e7 ,background check results and appeals 7#a7 ,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 provider4 7#b7 ,appeals ,the ,state shall provide for a process by which a child care staff member 7including a prospective child care staff member7 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 report4 7f7 ,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 checks4 7g7 ,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 children4 7h7 ,definitions ,in this section-- 7#a7 the term child care provider means a center-based child care provider1 a group home child care provider1 a family child care provider1 or other provider of child care services for compensation and on a regular basis that-- 7,a7 is not an individual who is related to all children for whom child care services are provided2 and 7,b7 is licensed1 regulated1 or registered under ,state law or receives funds provided under this subchapter2 and 7#b7 the term child care staff member means an individual 7other than an individual who is related to all children for whom child care services are provided7-- 7,a7 who is employed by a child care provider for compensation2 7,b7 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 provider2 or 7,c7 who is a family child care provider4 7i7 ,effective date 7#a7 ,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 7d77#a7 not later than the last day of the second full fiscal year after the date of enactment of the ,child ,care ,protection ,act of #bjac4 7#b7 ,extension ,the ,secretary may grant a ,state an extension of time1 of not more than #a fiscal year1 to meet the requirements of this section if the ,state demonstrates a good faith effort to comply with the requirements of this section4 7#c7 ,penalty for noncompliance ,except as provided in paragraphs 7#a7 and 7#b71 for any fiscal year that a ,state fails to comply substantially with the requirements of this section1 the ,secretary shall withhold #e percent of the funds that would otherwise be allocated to that ,state under this subchapter for the following fiscal year4 4