[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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