[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Reported in Senate (RS)]






                                                       Calendar No. 194
108th CONGRESS
  1st Session
                                S. 1280

    To amend the PROTECT Act to clarify certain volunteer liability.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2003

 Mr. Hatch (for himself and Mr. Biden) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                             July 10, 2003

                Reported by Mr. Hatch, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
    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:
<DELETED>    ``(e) Volunteer Liability.--</DELETED>
        <DELETED>    ``(1) In general.--The National Center for Missing 
        and Exploited Children, including any of its officers, 
        employees, or agents, shall not be liable for damages of any 
        kind in any civil action arising out of any action or 
        communication by the National Center for Missing and Exploited 
        Children, its officers, employees, or agents, in connection 
        with any activities under this section.</DELETED>
        <DELETED>    ``(2) Exception.--The limitation in paragraph (1) 
        does not apply in any action in which the plaintiff proves that 
        the National Center for Missing and Exploited Children, its 
        officers, employees, or agents acted with actual malice, or 
        provided information or took action for a purpose unrelated to 
        an activity mandated by Federal law.''.</DELETED>
    ``(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.''.




                                                       Calendar No. 194

108th CONGRESS

  1st Session

                                S. 1280

_______________________________________________________________________

                                 A BILL

    To amend the PROTECT Act to clarify certain volunteer liability.

_______________________________________________________________________

                             July 10, 2003

                       Reported with an amendment