[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2883 Considered and Passed Senate (CPS)]
108th CONGRESS
2d Session
S. 2883
To amend the International Child Abduction Remedies Act to limit the
tort liability of private entities or organizations that carry out
responsibilities of the United States Central Authority under that Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 1, 2004
Mr. Hatch (for himself and Mr. Leahy) introduced the following bill;
which was read twice, considered, read the third time, and passed
_______________________________________________________________________
A BILL
To amend the International Child Abduction Remedies Act to limit the
tort liability of private entities or organizations that carry out
responsibilities of the United States Central Authority under that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention of Child Abduction
Partnership Act''.
SEC. 2. LIMITATION ON LIABILITY.
Section 7 of the International Child Abduction Remedies Act (42
U.S.C. 11606) is amended by adding at the end the following new
subsection:
``(f) Limited Liability of Private Entities Acting Under the
Direction of the United States Central Authority.--
``(1) Limitation on liability.--Except as provided in
paragraphs (2) and (3), a private entity or organization that
receives a grant from or enters into a contract or agreement
with the United States Central Authority under subsection (e)
of this section for purposes of assisting the United States
Central Authority in carrying out its responsibilities and
functions under the Convention and this Act, including any
director, officer, employee, or agent of such entity or
organization, shall not be liable in any civil action sounding
in tort for damages directly related to the performance of such
responsibilities and functions as defined by the regulations
issued under subsection (c) of this section that are in effect
on October 1, 2004.
``(2) Exception for intentional, reckless, or other
misconduct.--The limitation on liability under paragraph (1)
shall not apply in any action in which the plaintiff proves
that the private entity, organization, officer, employee, or
agent described in paragraph (1), as the case may be, engaged
in intentional misconduct or acted, or failed to act, with
actual malice, with reckless disregard to a substantial risk of
causing injury without legal justification, or for a purpose
unrelated to the performance of responsibilities or functions
under this Act.
``(3) Exception for ordinary business activities.--The
limitation on liability under paragraph (1) shall not apply to
any alleged act or omission related to an ordinary business
activity, such as an activity involving general administration
or operations, the use of motor vehicles, or personnel
management.''.
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