[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2883 Enrolled Bill (ENR)]

        S.2883

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
  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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.