I 

113TH CONGRESS 

1ST SESSION H. R. 1925 

To amend the Child Care and Development Block Grant Act of 1990 to 

require criminal background checks, inspections, and training of child 

care providers. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2013 

Mr. CARSON of Indiana (for himself, Ms. NORTON, Ms. WILSON of Florida, 

Mr. RANGEL, Mr. PAYNE, Ms. MOORE, and Ms. BROWN of Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Child Care and Development Block Grant 

Act of 1990 to require criminal background checks, inspections, and training of child care providers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Care Criminal 

5 Background Check Act of 2013’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to assist States in improv8 ing the overall quality of child care services in the State 


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1 by requiring national criminal background checks of child 

2 care providers that are licensed by the State or that re3 ceive funds under the Child Care and Development Block 

4 Grant Act of 1990. 

5 SEC. 3. AMENDMENTS. 

6 (a) STATE PLAN.—Section 658E(c)(2) of the Child 

7 Care and Development Block Grant Act of 1990 (42 

8 U.S.C. 9858c(c)(2)) is amended by adding at the end the 

9 following: 

10 ‘‘(I) CRIMINAL BACKGROUND CHECK.— 

11 Certify that the State will— 

12 ‘‘(i) require each eligible child care 

13 provider (excluding an eligible child care 

14 provider described in section 658P(5)(B)) 

15 that is licensed by the State or receives 

16 funds provided under this subchapter— 

17 ‘‘(I) to obtain from the State a 

18 comprehensive criminal background 

19 check of— 

20 ‘‘(aa) each individual who 

21 provides child care services; 

22 ‘‘(bb) each applicant selected 

23 for employment before providing 

24 such services; and 


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1 ‘‘(cc) each family child care 

2 provider who provides or applies 

3 to provide such services; and 

4 ‘‘(II) to refuse to employ, or con5 tinue to employ, an individual to pro6 vide such services— 

7 ‘‘(aa) if such individual was 

8 convicted of— 

9 ‘‘(AA) a crime of vio10 lence (as defined in section 

11 20101 of subtitle A of title 

12 II of the Violent Crime Con13 trol and Law Enforcement 

14 Act of 1994 (42 U.S.C. 

15 13701)); or 

16 ‘‘(BB) a crime against 

17 a child for which the penalty 

18 exceeds imprisonment for a 

19 term exceeding 1 year; 

20 ‘‘(bb) to an eligible child 

21 without the supervision of an em22 ployee whose criminal back23 ground check satisfies the re24 quirements of the subparagraph, 

25 pending receipt of such a crimiVerDate Mar 15 2010 02:16 May 15, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1925.IH H1925

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1 nal background check of such in2 dividual; and 

3 ‘‘(cc) to an eligible child 

4 with the supervision of an em5 ployee whose criminal back6 ground check satisfies the re7 quirements of the subparagraph 

8 and for a period exceeding 90 

9 days, pending receipt of such a 

10 criminal background check of 

11 such individual; and 

12 ‘‘(ii) carry out at the request of an eli13 gible child care provider, as soon as prac14 ticable, a comprehensive criminal back15 ground check (at the State option for a fee 

16 not to exceed the actual cost to the State) 

17 of each employee of, and each applicant for 

18 employment by, a child care provider that 

19 is licensed by the State or receives funds 

20 provided under this subchapter by the 

21 State, and make the results of such check 

22 available to such provider and to such em23 ployee or applicant. 

24 At the request of a State, the Secretary may 

25 waive for 1 fiscal year the application of this 


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1 subparagraph to the State if the State dem2 onstrates a good faith effort to comply with the 

3 requirements specified in this subparagraph and 

4 its inability to so comply. 

5 ‘‘(J) INSPECTIONS.—The State shall cer6 tify that each eligible child care provider (ex7 cluding an eligible child care provider described 

8 in section 658P(5)(B)) that is licensed by the 

9 State will be inspected not less frequently than 

10 at 3-month intervals. 

11 ‘‘(K) TRAINING.—The State shall certify 

12 that each eligible child care provider (excluding 

13 an eligible child care provider described in sec14 tion 658P(5)(B)) that receives funds provided 

15 under this subchapter will receive not less 

16 than— 

17 ‘‘(i) 40 hours of training provided by 

18 an entity recognized by the State; and 

19 ‘‘(ii) annually 24 hours of training 

20 that includes CPR, first aid, recognizing 

21 child abuse, basic safety and health, and 

22 child behavior and development.’’. 

23 (b) ENFORCEMENT.—Section 658I(b)(2) of the Child 

24 Care and Development Block Grant Act of 1990 (42 


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1 U.S.C. 9858g(i)(b)(2)) is amended by adding at the end 

2 the following: 

3 ‘‘If a State fails to comply substantially with 

4 the requirements specified in section 

5 658e(c)(2)(I), the Secretary shall reduce by 10 

6 percent the State allotment for the fiscal year 

7 following the fiscal year with respect to which 

8 noncompliance is found.’’. 

9 SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 

10 This Act and the amendments made by this Act shall 

11 take effect 2 years after the date of the enactment of this 

12 Act. 

Æ 


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