S.Amdt. 2083

1. Adds SEC. 1082. SAFE CHILD CARE ACT at the end of subtitle H of title X

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   (e) Date for Submittal of Comptroller General of the United States Report.--Subsection (d) of such section is amended by striking "December 30, 2013" and inserting "December 31, 2014".

   Inserted: SEC. 1082. SAFE CHILD CARE ACT.

   Inserted: (a) Short Title.--This section may be cited as the "Safe Child Care Act of 2013".

   Inserted: (b) Background Checks.--Section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041) is amended--

   Inserted: (1) in subsection (a)--

   Inserted: (A) in paragraph (1), by striking "subsection (b)(3)" and inserting "paragraph (3)"; and

   Inserted: (B) by redesignating paragraph (2) as paragraph (4);

   Inserted: (2) by moving paragraphs (2) and (3) of subsection (b) to subsection (a), and inserting them after paragraph (1) of that subsection;

   Inserted: (3) in subsection (a)(3), as redesignated by paragraph (2) of this subsection, by striking "subsection (a)(1)" and inserting "paragraph (1)";

   Inserted: (4) in subsection (b), by striking paragraph (1) and inserting the following:

   Inserted: "(1) A background check required by subsection (a) shall be initiated through the personnel programs of the applicable Federal agencies.

   Inserted: "(2) A background check for a child care staff member under subsection (a) shall include--

   Inserted: "(A) a search, including a fingerprint check, of the State criminal registry or repository in--

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   Inserted: "(i) the State where the child care staff member resides; and

   Inserted: "(ii) each State where the child care staff member previously resided during the longer of--

   Inserted: "(I) the 10-year period ending on the date on which the background check is initiated; or

   Inserted: "(II) the period beginning on the date on which the child care staff member attained 18 years of age and ending on the date on which the background check is initiated;

   Inserted: "(B) a search of State-based child abuse and neglect registries and databases in--

   Inserted: "(i) the State where the child care staff member resides; and

   Inserted: "(ii) each State where the child care staff member previously resided during the longer of--

   Inserted: "(I) the 10-year period ending on the date on which the background check is initiated; or

   Inserted: "(II) the period beginning on the date on which the child care staff member attained 18 years of age and ending on the date on which the background check is initiated;

   Inserted: "(C) a search of the National Crime Information Center database;

   Inserted: "(D) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System;

   Inserted: "(E) 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.); and

   Inserted: "(F) a search of the State sex offender registry established under that Act in--

   Inserted: "(i) the State where the child care staff member resides; and

   Inserted: "(ii) each State where the child care staff member previously resided during the longer of--

   Inserted: "(I) the 10-year period ending on the date on which the background check is initiated; or

   Inserted: "(II) the period beginning on the date on which the child care staff member attained 18 years of age and ending on the date on which the background check is initiated.

   Inserted: "(3) A child care staff member shall be ineligible for employment by a child care provider if such individual--

   Inserted: "(A) refuses to consent to the background check described in subsection (a);

   Inserted: "(B) makes a false statement in connection with such background check;

   Inserted: "(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; or

   Inserted: "(D) has been convicted of a felony consisting of--

   Inserted: "(i) murder, as described in section 1111 of title 18, United States Code;

   Inserted: "(ii) child abuse or neglect;

   Inserted: "(iii) a crime against children, including child pornography;

   Inserted: "(iv) spousal abuse;

   Inserted: "(v) a crime involving rape or sexual assault;

   Inserted: "(vi) kidnapping;

   Inserted: "(vii) arson;

   Inserted: "(viii) physical assault or battery; or

   Inserted: "(ix) subject to paragraph (5)(D), a drug-related offense committed during the preceding 5 years.

   Inserted: "(4)(A) A child care provider covered by paragraph (3) shall submit a request, to the appropriate State agency designated by a State, for a background check described in subsection (a), for each child care staff member (including prospective child care staff members) of the provider.

   Inserted: "(B) In the case of an individual who is hired as a child care staff member before the date of enactment of the Safe Child Care Act of 2013, the provider shall submit such a request--

   Inserted: "(i) prior to the last day of the second full fiscal year after that date of enactment; and

   Inserted: "(ii) not less often than once during each 5-year period following the first submission date under this subparagraph for that staff member.

   Inserted: "(C) In the case of an individual who is a prospective child care staff member on or after that date of enactment, the provider shall submit such a request--

   Inserted: "(i) prior to the date the individual becomes a child care staff member of the provider; and

   Inserted: "(ii) not less often than once during each 5-year period following the first submission date under this subparagraph for that staff member.

   Inserted: "(5)(A) The State shall--

   Inserted: "(i) carry out the request of a child care provider for a background check described in subsection (a) as expeditiously as possible; and

   Inserted: "(ii) in accordance with subparagraph (B) of this paragraph, provide the results of the background check to--

   Inserted: "(I) the child care provider; and

   Inserted: "(II) the current or prospective child care staff member for whom the background check is conducted.

   Inserted: "(B)(i) The State shall provide the results of a background check to a child care provider as required under subparagraph (A)(ii)(I) in a statement that--

   Inserted: "(I) indicates whether the current or prospective child care staff member for whom the background check is conducted is eligible or ineligible for employment by a child care provider; and

   Inserted: "(II) does not reveal any disqualifying crime or other related information regarding the current or prospective child care staff member.

   Inserted: "(ii) If a current or prospective child care staff member is ineligible for employment by a child care provider due to a background check described in subsection (a), the State shall provide the results of the background check to the current or prospective child care staff member as required under subparagraph (A)(ii)(II) in a criminal background report that includes information relating to each disqualifying crime.

   Inserted: "(iii) A State--

   Inserted: "(I) may not publicly release or share the results of an individual background check described in subsection (a); and

   Inserted: "(II) may include the results of background checks described in subsection (a) in the development or dissemination of local or statewide data relating to background checks if the results are not individually identifiable.

   Inserted: "(C)(i) 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 background check required under subsection (a) to challenge the accuracy or completeness of the information contained in the criminal background report of the staff member.

   Inserted: "(ii) The State shall ensure that--

   Inserted: "(I) the appeals process is completed in a timely manner for each child care staff member;

   Inserted: "(II) each child care staff member is given notice of the opportunity to appeal; and

   Inserted: "(III) each child care staff member who wishes to challenge the accuracy or completeness of the information in the criminal background report of the child care staff member is given instructions about how to complete the appeals process.

   Inserted: "(D)(i) The State may allow for a review process through which the State may determine that a child care staff member (including a prospective child care staff member) disqualified for a crime specified in paragraph (3)(D)(ix) is eligible for employment by a child care provider, notwithstanding paragraph (3).

   Inserted: "(ii) The review process under this subparagraph shall be consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).

   Inserted: "(E) Nothing in this section shall be construed to create a private right of action against a child care provider if the child care provider is in compliance with this section.

   Inserted: "(F) This section shall apply to each State that receives funding under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).

   Inserted: "(6) Fees that the State may charge for the costs of conducting a background check as required by subsection (a) shall not exceed the actual costs to the State for the administration of such background checks.

   Inserted: "(7) Nothing in this subsection shall be construed to prevent a Federal agency from disqualifying an individual as a child care staff member based on a conviction of the individual for a crime not specifically listed in this subsection that bears upon the fitness of an individual to provide care for and have responsibility for the safety and well-being of children.

   Inserted: "(8) In this subsection--

   Inserted: "(A) the term 'child care provider' means an agency of the Federal Government, or a unit of or contractor with the Federal Government that is operating a facility, described in subsection (a); and

   Inserted: "(B) the term 'child care staff member' means an individual who is hired, or seeks to be hired, by a child care provider to be involved with the provision of child care services, as described in subsection (a)."; and

   Inserted: (5) by striking subsection (c) and inserting the following:

   Inserted: "(c) Suspension Pending Disposition of Criminal Case.--In the case of an incident in which an individual has been charged with an offense described in subsection (b)(3)(D) and the charge has not yet been disposed of, an employer may suspend an employee from having any contact with children while on the job until the case is resolved.".

   Inserted: (c) Effective Date.--The amendments made by this section shall take effect on October 1 of the second full fiscal year after the date of enactment of this Act.

   Original wording

   At the end of subtitle H of title X, add the following:

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As printed