[Congressional Record Volume 143, Number 52 (Monday, April 28, 1997)]
[Senate]
[Pages S3741-S3742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      THE VOLUNTEER PROTECTION ACT

  Mr. LOTT. Mr. President, if I could be heard just briefly on the 
legislation itself.
  You will note that in my opening statement here, the debate is on the 
motion to proceed. I want the American people to hear that. We 
basically have the threat of a filibuster from the Democrats on even 
taking up for consideration the substance of the bill, S. 543.

  What is this bill? This bill is the Volunteer Protection Act. I think 
it is quite a coincidence, highly ironic actually, that there is this 
meeting now in Philadelphia, the City of Brotherly Love, to encourage 
voluntarism in America--a worthy goal. And I have been impressed by the 
participants and by what they have had to say. We need to encourage 
Americans to volunteer, to be more philanthropic, to contribute what 
they can, not only of their money but of their time--a worthy goal of 
America. And while America leads all the rest of the world already in 
that effort, we can all do more, I am sure.
  But now comes this bill and trying to protect volunteers from being 
sued. In many instances in America, if you volunteer, if you go on a 
charitable organization's board of directors, if you join some of the 
volunteer organizations, you run the risk of being sued and being held 
personally liable.
  So in the spirit of the conference going on in Philadelphia, it seems 
very appropriate to me that the Senate would pass legislation to 
provide some reasonable modicum of protection against these frivolous 
lawsuits that discourage people from volunteering, and yet we are being 
told that we are going to have a filibuster of even proceeding to this 
bill.
  Let me read some of the components of this bill. It says:

       To provide certain protections [not total protections, but 
     certainly protections] to volunteers, nonprofit 
     organizations, and governmental entities in lawsuits based on 
     the activities of volunteers.

  It says that:

       The Congress finds and declares that--
       (1) the willingness of volunteers to offer their services 
     is deterred [now] by the potential for liability actions 
     against them and organizations they serve;
       (2) as a result, many nonprofit public and private 
     organizations and governmental entities, including voluntary 
     associations, social service agencies, educational 
     institutions, and other civic programs, have been adversely 
     affected by the withdrawal of volunteers from boards of 
     directors and service in other capacities;
       (3) the contribution of these programs to their communities 
     is thereby diminished, resulting in fewer and higher cost 
     programs than would be obtainable if volunteers were 
     participating;
       (4) because Federal funds are expended on useful and cost-
     effective social service programs, many of which are national 
     in scope, depend heavily on volunteer participation, and 
     represent some of the most successful public-private 
     partnerships, protection of volunteerism through 
     clarification and limitation of the personal liability risks 
     assumed by the volunteer in connection with such 
     participation is [certainly] an appropriate [action] for 
     [this] Federal legislation;

  It goes on and talks about how the threat of lawsuit is limiting 
volunteers. It is leading to higher costs of private programs as well 
as public-private cooperation. It then sets out exactly what those 
limitations are.
  If you are actually involved in serious personal misconduct, you 
still

[[Page S3742]]

would be subject to liability. But to have some clarification here with 
regard to when you will be sued, even when you are in effect an 
innocent bystander in a voluntary capacity, is something that we should 
do. It is long overdue.

  We have known many instances, I am sure, in our own States where 
these types of lawsuits have been filed. And it is time that we take 
action. In fact, it goes hand in glove with what is happening in 
Philadelphia.
  So I urge my colleagues that have reservations based on this, if 
there are concerns by trial lawyers that we can legitimately address, 
fine. But I do not think we should allow trial lawyers to dictate that 
we cannot have even the consideration of legislation that would provide 
some protection for volunteers in America.
  Mr. President, again, I urge my colleagues to allow this legislation 
to go forward. And I hope that our colleagues will be able to vote for 
a final product by an overwhelming vote.
  I yield the floor at this time, Mr. President.
  Mr. MURKOWSKI addressed the Chair.
  The PRESIDING OFFICER (Mr. Burns). The Senator from Alaska.
  Mr. MURKOWSKI. Mr. President, let me wish the occupant of the Chair a 
good day.

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