The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“LEGISLATIVE SESSION” mentioning the U.S. Dept of State was published in the Senate section on pages S10276-S10277 on Oct. 1, 2004.
The publication is reproduced in full below:
LEGISLATIVE SESSION
______
MAKING NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS FOR VOLUNTEERS
PERMANENT
______
PREVENTION OF CHILD ABDUCTION PARTNERSHIP ACT
Mr. FRIST. I ask unanimous consent the Senate proceed to the immediate consideration of S. 2882 and S. 2883, en bloc.
The PRESIDING OFFICER. The clerk will state the bills by title, en bloc.
The legislative clerk read as follows:
A bill (S. 2882) to make a program for national criminal history background checks for volunteer groups permanent.
A bill (S. 2883) 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.
There being no objection, the Senate proceeded to consideration of the bills, en bloc.
Mr. FRIST. I ask unanimous consent the bills be read a third time and passed, the motions to reconsider be laid upon the table and any statements regarding this matter be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bills (S. 2882 and S. 2883) were read the third time and passed, as follows:
S. 2882
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. VOLUNTEER GROUP ACCESS TO CRIMINAL BACKGROUND
CHECKS PROGRAM.
Section 108(a)(3)(A) of the PROTECT Act (Public Law 108-21) is amended by striking ``an 18-month'' and inserting ``a''.
S. 2883
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
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 or operations, the use of motor vehicles, or personnel management.''.
Mr. HATCH. Mr. President, I rise today to commend my colleagues for passing by unanimous consent two bills which I sponsored--a bill to extend the pilot program for national criminal history background checks for volunteers who work with children, and the Prevention of Child Abduction Partnership Act.
The first bill extends the pilot program created by the PROTECT Act. The pilot program allows the National Center for Missing and Exploited Children, NCMEC, in coorperation with the FBI, to provide a background check process for volunteers working for organizations, such as the Boys and Girls Clubs of America, National Mentoring Partnership, and the National Council of Youth Sports. The National Center for Missing and Exploited Children provides its expertise to assist volunteer organizations in evaluating the criminal records of volunteers to determine if the volunteers are fit to interact and provide care for children.
So far, the NCMEC has processed over 2,500 checks. Through these checks the Center has been able to prevent criminals, including child molesters, from applying and securing volunteer positions with youth organizations. Of those applicants whose files showed an offense, over 50 percent of the applicants lied and indicated they did not have a criminal record. Some of the startling examples of people who were found unfit to work with children included: (1) one convicted of manslaughter, (2) one found guilty on charges of Aggravated Criminal Sexual Assault as well as domestic battery, (3) one convicted of three charges of endangering the welfare of a child, (4) one convicted of lewdness and was charged for kidnapping, (5) one charged with sexual contact with a child under the age of 16, (6) one charged with 31 counts, including multiple rapes and assaults, indecent liberties, eluding, and prostitution, (7) one charged with aggravated battery of a pregnant woman, and (8) one charged with oral copulation by force, rape by force, and oral copulation by force, in one instance the victim under 14 and in another, 10 years younger. My bill would allow this invaluable program to continue to prevent convicted criminals such as these from working with children.
The Prevention of Child Abduction Partnership Act grants private entities, including the National Center for Missing and Exploited Children, immunity from tort liability when they are assisting the U.S. State Department in carrying out its functions under the International Child Abduction Remedies Act.
____________________
