(b), for each child care staff member (including pro-
spective child care staff members) of the provider. 
‘‘(2) STAFF MEMBERS.—In the case of an indi-
vidual who became a child care staff member before 
the date of enactment of the Child Care Protection 
Act of 2011, the provider shall submit such a re-
quest— 
‘‘(A) prior to the last day described in sub-
section (i)(1); and 
‘‘(B) not less often than once during each 
5-year period following the first submission date 
under this paragraph for that staff member. 
‘‘(3) PROSPECTIVE STAFF MEMBERS.—In the 
case of an individual who is a prospective child care 
staff member on or after than that date of enact-
ment, the provider shall submit such a request— 
‘‘(A) prior to the date the individual be-
comes a child care staff member of the pro-
vider; and 
‘‘(B) not less often than once during each 
5-year period following the first submission date 
under this paragraph for that staff member. 
‘‘(e) BACKGROUND
CHECK
RESULTS
AND
AP-
PEALS.— 
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‘‘(1) BACKGROUND
CHECK
RESULTS.—The 
State shall carry out the request of a child care pro-
vider for a criminal background check as expedi-
tiously as possible and shall provide the results of 
the criminal background check to such provider. 
‘‘(2) APPEALS.—The State shall provide for a 
process by which a child care staff member (includ-
ing a prospective child care staff member) may ap-
peal the results of a criminal background check con-
ducted under this section to challenge the accuracy 
or completeness of the information contained in such 
member’s criminal background report. 
‘‘(f) 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 ex-
ceed the actual costs to the State for the administration 
of such criminal background checks. 
‘‘(g) CONSTRUCTION.—Nothing in this section shall 
be construed to prevent a State from disqualifying individ-
uals 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 children. 
‘‘(h) DEFINITIONS.—In this section— 
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ments of this section for the provision of criminal 
background checks for child care staff members de-
scribed in subsection (d)(1) not later than the last 
day of the second full fiscal year after the date of 
enactment of the Child Care Protection Act of 2011. 
‘‘(2) EXTENSION.—The Secretary may grant a 
State an extension of time, of not more than 1 fiscal 
year, to meet the requirements of this section if the 
State demonstrates a good faith effort to comply 
with the requirements of this section. 
‘‘(3) PENALTY FOR NONCOMPLIANCE.—Except 
as provided in paragraphs (1) and (2), for any fiscal 
year that a State fails to comply substantially with 
the requirements of this section, the Secretary shall 
withhold 5 percent of the funds that would otherwise 
be allocated to that State under this subchapter for 
the following fiscal year.’’. 
Æ 
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