[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[Senate]
[Pages 17826-17827]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         PROTECT ACT AMENDMENT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 194, S. 1280.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1280) to amend the PROTECT Act to clarify 
     certain volunteer liability.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary with an 
amendment, as follows:
  [Omit the part in black brackets and insert the part printed in 
italic.]

                                S. 1280

       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:
       [``(e) Volunteer Liability.--
       [``(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.
       [``(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.''.]
       ``(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.''.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee substitute be agreed to; that the bill, as amended, be read a 
third time and passed; that the motion to reconsider be laid upon the 
table; and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 1280), as amended, was read the third time and passed, 
as follows:

                                S. 1280

       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:
       ``(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,

[[Page 17827]]

     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.''.

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