text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Childcare Accountability and 
  Responsibility Act of 2009'' or the ``CARE for Kids Act of 2009''.
  
  SEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK.
  
      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. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK FOR A CHILD 
                CARE STAFF MEMBER OF ANY CHILD CARE PROVIDER IN A STATE 
                THAT RECEIVES FUNDS FROM THE CHILD CARE AND DEVELOPMENT 
                BLOCK GRANT PROGRAM.
  
      ``(a) Criminal Background Check.--
              ``(1) Requirement of a criminal background check.--A State 
          and national criminal background check for a child care staff 
          member of a child care provider is required in any State that 
          receives funds under this subchapter. The criminal background 
          check shall include--
                      ``(A) a search of the National Sex Offender 
                  Registry established pursuant to the Adam Walsh Child 
                  Protection and Safety Act of 2006 (42 U.S.C. 16901 et 
                  seq.);
                      ``(B) a search of the National Crime Information 
                  Center;
                      ``(C) a search of the State criminal registry or 
                  repository in the State in which the child care staff 
                  member resides and each State where such staff member 
                  previously resided;
                      ``(D) a search of State-based abuse and neglect 
                  registries and databases, including the abuse and 
                  neglect registries and databases of each State where 
                  the child care staff member previously resided; and
                      ``(E) a Federal Bureau of Investigation fingerprint 
                  check using the Integrated Automated Fingerprint 
                  Identification System.
              ``(2) Submittal of requests.--Subject to paragraph (3), a 
          child care provider shall submit a request for a State and 
          national criminal background check to the appropriate State 
          agency designated by the State--
                      ``(A) for each child care staff member prior to its 
                  submission of an application for a State child care 
                  license, except that this subparagraph shall not apply 
                  to any additional applications submitted within a 5-
                  year period after such request for a criminal 
                  background check under paragraph (2) and such 
                  submission of an application under this subparagraph is 
                  made by the child care provider;
                      ``(B) for each child care staff member;
                      ``(C) for each prospective child care staff member 
                  prior to their beginning date of employment; and
                      ``(D) in each 5-year period after the date of the 
                  child care provider's first request for a criminal 
                  background check for the child care staff member.
              ``(3) Limitation on requests.--Not more than 1 request for 
          a State and national criminal background check under paragraph 
          (2) is required for any child care staff member for each 5-year 
          period after such request for the criminal background check for 
          such staff member.
              ``(4) Results.--Not later than 10 business days after the 
          date of which a request by a child care provider is made for a 
          State and national criminal background check and is received by 
          the appropriate State agency, such agency shall provide the 
          results of the criminal background check to such provider.
              ``(5) Ineligibility.--A child care provider shall be 
          ineligible for receipt of a child care certificate as payment 
          for child care services, and a child care staff member shall be 
          ineligible for employment by any child care provider in a 
          State, if any such criminal background check of the child care 
          staff member of the provider reveals a felony conviction for--
                      ``(A) child abuse or neglect;
                      ``(B) spousal abuse;
                      ``(C) a crime against children (including child 
                  pornography);
                      ``(D) a violent crime, including--
                              ``(i) physical assault or battery;
                              ``(ii) rape;
                              ``(iii) sexual assault; or
                              ``(iv) homicide; or
                      ``(E) a drug-related offense committed within 5 
                  years prior to submission to a criminal background 
                  check.
              ``(6) Appeals.--Not later than 30 days after receipt of the 
          results of a criminal background check, a child care provider 
          may appeal such results to the appropriate State agency 
          designated by the State.
              ``(7) Fees.--To defray the costs of carrying out the duties 
          described in this subsection, a State may collect 1 fee per 
          criminal background check from a child care provider in an 
          amount not to exceed the actual costs to the State for the 
          administration of all required criminal background checks, and 
          such fee for all required criminal background checks may not 
          exceed a total of $36.
      ``(b) State Compliance.--
              ``(1) Noncompliance.--
                      ``(A) Penalty.--A State that fails to satisfy the 
                  requirements of this section shall not receive 2 
                  percent of the grant funds that it would otherwise be 
                  allocated for that fiscal year.
                      ``(B) Unallocated grant funds.--Grant funds not 
                  allocated under subparagraph (A) shall be distributed 
                  in the first fiscal year that the State meets the 
                  requirements.
              ``(2) Time limitation.--A State shall have 3 years to 
          implement the requirements of this section.
              ``(3) Extension of time.--The Secretary may grant an 
          extension, no longer than 2 years, to a State that makes a good 
          faith effort to satisfy the requirements of this section.
      ``(c) Definition.--The term `child care staff member' means an 
  individual that provides child care services for compensation and on a 
  regular basis (other than an individual who is related to the child or 
  children for whom services are provided), regardless of whether the 
  services are provided for a child care provider or a family child care 
  provider.
      ``(d) Authorization of Appropriations To Conduct Criminal 
  Background Checks.--There are authorized to be appropriated such sums 
  as necessary to offset the administrative costs to conduct State and 
  national criminal background checks under this section.''.
target: Childcare Accountability and Responsibility Act of 2009 or the CARE for Kids Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for employees of child care providers in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases; and (2) a Federal Bureau of Investigation (FBI) fingerprint check.
feat_title: To require a criminal background check for a child care staff member of any child care provider in a State that receives funds from the Child Care and Development Block Grant Program, and for other purposes.