[Congressional Record Volume 150, Number 122 (Friday, October 1, 2004)]
[Senate]
[Pages S10276-S10277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

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   MAKING NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS FOR VOLUNTEERS 
                               PERMANENT

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             PREVENTION OF CHILD ABDUCTION PARTNERSHIP ACT

  Mr. FRIST. I ask unanimous consent the Senate proceed to the 
immediate consideration of S. 2882 and S. 2883, en bloc.
  The PRESIDING OFFICER. The clerk will state the bills by title, en 
bloc.
  The legislative clerk read as follows:

       A bill (S. 2882) to make a program for national criminal 
     history background checks for volunteer groups permanent.
       A bill (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.

  There being no objection, the Senate proceeded to consideration of 
the bills, en bloc.
  Mr. FRIST. I ask unanimous consent the bills be read a third time and 
passed, the motions to reconsider be laid upon the table and any 
statements regarding this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bills (S. 2882 and S. 2883) were read the third time and passed, 
as follows:

                                S. 2882

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. VOLUNTEER GROUP ACCESS TO CRIMINAL BACKGROUND 
                   CHECKS PROGRAM.

       Section 108(a)(3)(A) of the PROTECT Act (Public Law 108-21) 
     is amended by striking ``an 18-month'' and inserting ``a''.

                                S. 2883

       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.''.
  Mr. HATCH. Mr. President, I rise today to commend my colleagues for 
passing by unanimous consent two bills which I sponsored--a bill to 
extend the pilot program for national criminal history background 
checks for volunteers who work with children, and the Prevention of 
Child Abduction Partnership Act.

[[Page S10277]]

  The first bill extends the pilot program created by the PROTECT Act. 
The pilot program allows the National Center for Missing and Exploited 
Children, NCMEC, in coorperation with the FBI, to provide a background 
check process for volunteers working for organizations, such as the 
Boys and Girls Clubs of America, National Mentoring Partnership, and 
the National Council of Youth Sports. The National Center for Missing 
and Exploited Children provides its expertise to assist volunteer 
organizations in evaluating the criminal records of volunteers to 
determine if the volunteers are fit to interact and provide care for 
children.
  So far, the NCMEC has processed over 2,500 checks. Through these 
checks the Center has been able to prevent criminals, including child 
molesters, from applying and securing volunteer positions with youth 
organizations. Of those applicants whose files showed an offense, over 
50 percent of the applicants lied and indicated they did not have a 
criminal record. Some of the startling examples of people who were 
found unfit to work with children included: (1) one convicted of 
manslaughter, (2) one found guilty on charges of Aggravated Criminal 
Sexual Assault as well as domestic battery, (3) one convicted of three 
charges of endangering the welfare of a child, (4) one convicted of 
lewdness and was charged for kidnapping, (5) one charged with sexual 
contact with a child under the age of 16, (6) one charged with 31 
counts, including multiple rapes and assaults, indecent liberties, 
eluding, and prostitution, (7) one charged with aggravated battery of a 
pregnant woman, and (8) one charged with oral copulation by force, rape 
by force, and oral copulation by force, in one instance the victim 
under 14 and in another, 10 years younger. My bill would allow this 
invaluable program to continue to prevent convicted criminals such as 
these from working with children.
  The Prevention of Child Abduction Partnership Act grants private 
entities, including the National Center for Missing and Exploited 
Children, immunity from tort liability when they are assisting the U.S. 
State Department in carrying out its functions under the International 
Child Abduction Remedies Act.

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