[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Referred in House (RFH)]
1st Session
S. 1280
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2003
Referred to the Committee on the Judiciary
_______________________________________________________________________
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.''.
Passed the Senate July 14, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.