[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Enrolled Bill (ENR)]

        S.1280

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three


                                 An Act


 
    To amend the PROTECT Act to clarify certain volunteer liability.

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

SECTION 1. AMENDMENT TO THE PROTECT ACT.

    Section 108 of the PROTECT Act (Public Law 108-21) is amended by 
adding at the end the following:
    ``(e) Limitation on Liability.--In connection with the Pilot 
Programs established under this section, in reliance upon the fitness 
criteria established under section 108(a)(3)(G)(i), and except upon 
proof of actual malice or intentional misconduct, the National Center 
for Missing and Exploited Children, or a director, officer, employee, 
or agent of the Center shall not be liable in any civil action for 
damages--
        ``(1) arising from any act or communication by the Center, the 
    director, officer, employee, or agent that results in or 
    contributes to a decision that an individual is unfit to serve as a 
    volunteer for any volunteer organization;
        ``(2) alleging harm arising from a decision based on the 
    information in an individual's criminal history record that an 
    individual is fit to serve as a volunteer for any volunteer 
    organization unless the Center, the director, officer, employee, or 
    agent is furnished with an individual's criminal history records 
    which they know to be inaccurate or incomplete, or which they know 
    reflect a lesser crime than that for which the individual was 
    arrested; and
        ``(3) alleging harm arising from a decision that, based on the 
    absence of criminal history information, an individual is fit to 
    serve as a volunteer for any volunteer organization unless the 
    Center, the director, officer, employee, or agent knows that 
    criminal history records exist and have not been furnished as 
    required under this section.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.