Detailed Summary

Child Protection Improvements Act of 2008 - (Sec. 3) Amends the National Child Protection Act of 1993 to direct the Attorney General to establish a program for national criminal history background checks for child-serving organizations.

Requires the Attorney General to: (1) establish within the federal government or through an agreement with a nongovernmental entity an applicant processing center; (2) enter into an agreement for the National Center for Missing and Exploited Children to establish a criminal history resource center; and (3) assess annually whether each state authorized agency operates a qualified state program meeting specified requirements, as well as, upon request, state authorized agencies that do not have qualified programs, or those that have qualified programs failing to meet standards.

Requires the applicant processing center to: (1) streamline the process of obtaining nationwide background checks; (2) provide effective customer service; and (3) facilitate widespread access to nationwide background checks by participating entities. Authorizes the center to collect fees for its work according to a specified schedule.

Requires the criminal history resource center to provide participating entities with reliable and accurate information regarding the interpretation of criminal histories.

Requires the applicant processing center to complete criminal background checks within 10 business days after receiving a request.

Grants the subject of a nationwide background check (covered individual) the right to contact the Federal Bureau of Investigation (FBI) and, if appropriate, a state authorized agency to: (1) receive a full criminal history report within 10 days of requesting it; and (2) challenge the report's accuracy and completeness.

Authorizes appropriations to the Attorney General for: (1) FY2008 to establish the applicant processing center and the criminal history resource center; and (2) FY2009-FY2013 for the agreement with the National Center for Missing and Exploited Children to support the criminal history resource center.

Declares the sense of the Senate that in FY2009 and following fiscal years the fees collected by the applicant processing center should be sufficient to carry out the center's duties.

Declares that no participating entity shall be liable in an action for damages solely for failure to: (1) conduct a criminal background check on a covered individual; or (2) take action adverse to a covered individual upon receiving any notice of criminal history from the applicant processing center.

Declares that neither the applicant processing center nor a participating entity reasonably relying on criminal history record information received in response to a background check shall be liable in an action for damages based on the inaccuracy or incompleteness of that information.<br>

Relieves the National Center for Missing and Exploited Children and any of its directors, officers, employees, or agents of any liability in an action for damages relating to performance of the Center's responsibilities and functions, except in a case of intentional, reckless, or other misconduct.

Prohibits unauthorized disclosure or use of criminal history records.

Requires the applicant processing center to destroy any fingerprints or criminal history record received under this Act after any transaction based on the fingerprints or criminal history record is completed. Prohibits the center from maintaining the fingerprints, the criminal history records, or the information in the criminal history record in any form.<br>

(Sec. 4) Amends the PROTECT Act to terminate the Child Safety Pilot Program on the date that the program for national criminal history background checks for child-serving organizations established under this Act is operating and able to enroll any organization using the Child Safety Pilot Program.

Status of the Legislation

Latest Major Action: 7/28/2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 904.

Points in Favor

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Points Against

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