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.
“PREVENTION OF CHILD ABDUCTION PARTNERSHIP ACT” mentioning the U.S. Dept of State was published in the House of Representatives section on pages H9009-H9010 on Oct. 8, 2004.
The publication is reproduced in full below:
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PREVENTION OF CHILD ABDUCTION PARTNERSHIP ACT
Mr. CANNON. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the Senate 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, and ask for its immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore (Mr. Simpson). Is there objection to the request of the gentleman from Utah?
There was no objection.
The Clerk read the Senate bill, as follows:
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.''.
The Senate bill was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.
Mr. HYDE. Mr. Speaker, I rise today in support of S. 2883, the Prevention of Child Abduction Partnership Act.
The Hague Convention on the Civil Aspects of International Child Abduction is the diplomatic tool which creates a civil cause of action for the return of an abducted child to his or her habitual residence. Under this international treaty, the U.S. Department of State is the central authority responsible for discharging the duties as outlined by the Convention. For the past 9 years, pursuant to a cooperative agreement between the National Center for Missing and Exploited Children, NCMEC, and the Departments of State and Justice, NCMEC has played a vital role by assisting the Department of State in performing certain obligations under the Convention, thereby helping the United States fulfill its international treaty obligations under the Convention.
In sum, NCMEC helps parents seeking the return of or access to a child in the United States to process an application under the Convention and to pursue remedies as provided by statute. Secretary of State Colin Powell has written to NCMEC that
its expertise and national networks make NCMEC uniquely effective in helping us give force to the Hague Abduction Convention in the United States. NCMEC's credibility and the success of our work together also give us a decided advantage when we press other governments for changes of practice, policy, legislation, and resource allocation to deter international parental child abduction and send abducted children home to the United States.
In May, I introduced H.R. 4347, the International Assistance for Missing and Exploited Children Act of 2004. Among many other important issues, this legislation provides a mechanism for granting NCMEC employees, who are working on Hague Convention cases under the direction of the State Department, the same limited immunity enjoyed by those employed by the Department of State. This legislation is currently being negotiated with the administration and other congressional committees, and I intend to reintroduce it again in the 109th session of Congress. As a product of this negotiation, an agreement has been reached on language which would provide NCMEC with the limited immunity necessary to be able to continue performing its obligations under the Hague Convention, which is the substance in S. 2883.
This measure has the support of the relevant House and Senate Committees and the Departments of State and Justice. If this measure is not enacted into law, NCMEC may not be able to continue its operations on behalf of the Federal Government since its resources would be lost in the defense of frivolous lawsuits. Left-behind parents would suffer the prolonged loss of their children, and our Nation potentially would lose its advantage in pressing other nations to return abducted children.
I wish to extend my personal gratitude to the National Center for Missing and Exploited Children for its critical work on reuniting families, to Chairman Jim Sensenbrenner of the House Judiciary Committee, and to Senators Hatch and Leahy of the Senate Judiciary Committee and to Senators Lugar and Biden of the Senate Foreign Relations Committee, for working tirelessly to implement this measure.
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