Child Protection Improvements Act of 2012
Latest action · Sep 19, 2012 Placed on Senate Legislative Calendar under General Orders. Calendar No. 512.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 17, 2011
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Child Protection Improvements Act of 2012 - (Sec. 3) Amends the National Child Protection Act of 1993 to direct the Attorney General to: (1) establish policies and procedures to streamline the process of obtaining nationwide background checks, provide effective customer service, and facilitate widespread access to nationwide background checks by a covered entity; and (2) establish a criminal history review program to provide covered entities with reliable and accurate information on the criminal history of a covered individual.
Defines: (1) a "covered entity" as a public or private business or organization that provides care, care placement, supervision, treatment, education, training, instruction, or recreation to children or that licenses, certifies, or coordinates such entities in providing care and other services to children; and (2) a "covered individual" as an individual who has, seeks to have, or may have, unsupervised access to a child served by a covered entity and who is employed by or volunteers with, or seeks to be employed by or volunteer with, a covered entity or who owns or operates, or seeks to own or operate, a covered entity.
Requires the Attorney General, in carrying out nationwide background checks, to: (1) handle inquiries from covered entities and inform such entities on how to request nationwide background checks, (2) provide covered entities with access to nationwide background checks, (3) receive paper and electronic requests for nationwide background checks, (4) convert all paper fingerprint cards into an electronic form and securely transmit all fingerprints electronically to the national criminal history background check system, (5) collect a fee to conduct a nationwide background check, and (6) coordinate with the Federal Bureau of Investigation (FBI) to ensure that background check requests are being completed within the required time period. Sets forth the information required for a nationwide background check request by a covered entity and requirements for conducting the criminal history review program.
Grants a covered individual the right to challenge the accuracy or completeness of any information in the criminal history record.
Establishes the National Criminal History Background Check Fund to hold fees collected by the Attorney General to offset the cost of background checks required by this Act.
Requires the Attorney General to make annual reports on the programs and procedures established under this Act.
Requires the Attorney General to compile and report annually on data on: (1) the number and types of covered entities; (2) the fees charged to such entities; (3) the interval between nationwide background check submissions and responses; (4) the number, type, and frequency of offenses and the period between the date of the offense and the date of the nationwide background check for any covered individuals found to have a criminal history; (5) the procedures available for covered individuals to challenge the accuracy and completeness of criminal history records; (6) the number and results of such challenges; (7) the number and types of corrections of erroneous criminal history records based on a challenge; (8) the number and types of inquiries for assistance on interpreting a criminal history received by the criminal history review program; and (9) the number of covered individuals denied employment based on the criminal history information provided by the Attorney General or the criminal history review designee.
Limits the liability of: (1) a covered entity for failure to conduct criminal background checks or to take adverse action against a covered individual with a criminal history; and (2) officials and employees performing responsibilities under the criminal history review program, except for intentional misconduct, malice, or reckless disregard of a risk of substantial injury. Imposes limitations on the disclosure or use of criminal history records.
(Sec. 4) Directs the Attorney General to establish a method to permit employers in the electronic life safety and security systems installation and monitoring industry to request a fitness determination for employees and prospective employees based upon federal and state fingerprint-based background checks. Requires such fitness determination to be based on whether such employee has been convicted of or imprisoned for a felony during the previous 10 years. Defines "electronic life safety and security systems industry" as businesses that provide installation and central monitoring of fire and burglar alarm systems to public or private entities.
Requires the Attorney General to provide employees or prospective employees who have been convicted or or imprisoned for a felony during the 10-year period prior to a background check with records of their criminal histories and a detailed notification of their rights to challenge the accuracy or completeness of such records within 1 business day after the Attorney General receives such records from the FBI.
Imposes restrictions on the use or disclosure of criminal history information by entities or individuals authorized to receive or transmit fingerprints or criminal history records.
Cosponsors 12
Members who signed on, in the order they did. Signatures ran from Mar 17, 2011 to Sep 11, 2012, with 6 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NV | John Ensign | Original | Mar 17, 2011 |
| D-NY | Kirsten E. Gillibrand | Original | Mar 17, 2011 |
| R-NE | Mike Johanns | Original | Mar 17, 2011 |
| R-UT | Orrin G. Hatch | Original | Mar 17, 2011 |
| D-RI | Sheldon Whitehouse | Original | Mar 17, 2011 |
| D-OH | Sherrod Brown | Original | Mar 17, 2011 |
| D-MN | Al Franken | Dec 13, 2011 | |
| R-MO | Roy Blunt | Feb 15, 2012 | |
| D-CA | Dianne Feinstein | Aug 1, 2012 | |
| D-CT | Richard Blumenthal | Aug 2, 2012 | |
| D-MN | Amy Klobuchar | Sep 10, 2012 | |
| D-DE | Christopher A. Coons | Sep 11, 2012 |
Actions 5
Everything that happened, newest first.
- Sep 19, 2012Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
- Sep 19, 2012Placed on Senate Legislative Calendar under General Orders. Calendar No. 512.
- Sep 13, 2012Committee on the Judiciary. Ordered to be reported with amendments favorably.
- Mar 17, 2011Introduced in Senate
- Mar 17, 2011Read twice and referred to the Committee on the Judiciary.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 1360 | Child Protection Improvements Act of 2011 | Related bill | Jul 11, 2011 |
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Child care and development
- Child safety and welfare
- Civil actions and liability
- Congressional oversight
- Crime and Law Enforcement
- Crimes against children
- Criminal justice information and records
- Elementary and secondary education
- Employment discrimination and employee rights
- Government trust funds
- Personnel records
- Preschool education
- Right of privacy
- Teaching, teachers, curricula
- User charges and fees
Text 2
Each version as it was printed, newest first.
- Sep 19, 2012Reported to Senate
- Mar 17, 2011Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.