[108th Congress Public Law 68]
[From the U.S. Government Printing Office]


[DOCID: f:publ068.108]

[[Page 117 STAT. 883]]

Public Law 108-68
108th Congress

                                 An Act


 
To amend the PROTECT Act to clarify certain volunteer liability.
         <<NOTE: Aug. 1, 2003 -  [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 <<NOTE: Ante, p. 655.>> 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, 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

[[Page 117 STAT. 884]]

        that criminal history records exist and have not been furnished 
        as required under this section.''.

    Approved August 1, 2003.

LEGISLATIVE HISTORY--S. 1280:
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CONGRESSIONAL RECORD, Vol. 149 (2003):
            July 14, considered and passed Senate.
            July 21, considered and passed House.

                                  <all>
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