Page 21

128 STAT. 1991 PUBLIC LAW 113–186—NOV. 19, 2014 ‘‘(2) licensing, regulation, and registration requirements, as applicable, that prohibit the employment of child care staff members as described in subsection (c). ‘‘(b) REQUIREMENTS.—A criminal background check for a child care staff member under subsection (a) shall include— ‘‘(1) a search of the State criminal and sex offender registry or repository in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years; ‘‘(2) a search of State-based child abuse and neglect reg- istries and databases in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years; ‘‘(3) a search of the National Crime Information Center; ‘‘(4) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and ‘‘(5) a search of the National Sex Offender Registry estab- lished under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). ‘‘(c) PROHIBITIONS.— ‘‘(1) CHILD CARE STAFF MEMBERS.—A child care staff member shall be ineligible for employment by a child care provider that is receiving assistance under this subchapter if such individual— ‘‘(A) refuses to consent to the criminal background check described in subsection (b); ‘‘(B) knowingly makes a materially false statement in connection with such criminal background check; ‘‘(C) is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or ‘‘(D) has been convicted of a felony consisting of— ‘‘(i) murder, as described in section 1111 of title 18, United States Code; ‘‘(ii) child abuse or neglect; ‘‘(iii) a crime against children, including child pornography; ‘‘(iv) spousal abuse; ‘‘(v) a crime involving rape or sexual assault; ‘‘(vi) kidnapping; ‘‘(vii) arson; ‘‘(viii) physical assault or battery; or ‘‘(ix) subject to subsection (e)(4), a drug-related offense committed during the preceding 5 years; or ‘‘(E) has been convicted of a violent misdemeanor com- mitted as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography. ‘‘(2) CHILD CARE PROVIDERS.—A child care provider described in subsection (i)(1) shall be ineligible for assistance provided in accordance with this subchapter if the provider employs a staff member who is ineligible for employment under paragraph (1). ‘‘(d) SUBMISSION OF REQUESTS FOR BACKGROUND CHECKS.— VerDate Sep 11 2014 13:40 Nov 10, 2020 Jkt 039194 PO 00002 Frm 00567 Fmt 6580 Sfmt 6581 G:\GSDD\STATUTES\2014\PT2\39194PT2.001 39194PT2 dkrause on LAP5T8D0R2PROD with DISTILLER (1)