[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Referred in House (RFH)]

  1st Session
                                S. 1280


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2003

               Referred to the Committee on the Judiciary

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                                 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.