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