text: 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.
target: Child Care Criminal Background Check Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require child care providers that are licensed by a state or receive funds under the Child Care and Development Block Grant Program to: (1) obtain a comprehensive criminal background check of each employee who provides child care services, each applicant for employment, and each family child care provider who provides or applies to provide such services; and (2) refuse to employ individuals convicted of crimes of violence or crimes against children. Reduces by 10% allotments to states that fail to comply with the requirements of this Act.
feat_title: To amend the Child Care and Development Block Grant Act of 1990 to require criminal background checks of child care providers.