    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 883]]

    Public Law 108-68
    108th Congress

    An Act

    To amend the PROTECT Act to clarify certain [NOTE: Aug. 1, 2003 -  [S.
    1280]] volunteer liability.

    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 884]]

    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:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 149 (2003):
    July 14, considered and passed Senate.
    July 21, considered and passed House.