[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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


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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.