[108th Congress Public Law 370]
[From the U.S. Government Printing Office]


[DOCID: f:publ370.108]

[[Page 118 STAT. 1750]]

Public Law 108-370
108th Congress

                                 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. <<NOTE: Oct. 25, 2004 -  [S. 2883]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Prevention of 
Child Abduction Partnership Act.>> 

SECTION 1. SHORT TITLE. <<NOTE: 42 USC 11601 note.>> 

    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

[[Page 118 STAT. 1751]]

        or operations, the use of motor vehicles, or personnel 
        management.''.

    Approved October 25, 2004.

LEGISLATIVE HISTORY--S. 2883:
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CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 1, considered and passed Senate.
            Oct. 8, considered and passed House.

                                  <all>