Page:United States Statutes at Large Volume 117.djvu/902

 PUBLIC LAW 108–68—AUG. 1, 2003

117 STAT. 883

Public Law 108–68 108th Congress An Act To amend the PROTECT Act to clarify certain volunteer liability.

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 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

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