[Congressional Record Volume 143, Number 68 (Wednesday, May 21, 1997)]
[Senate]
[Pages S4915-S4918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    VOLUNTEER PROTECTION ACT OF 1997

  Mr. STEVENS. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on (S. 543) a bill to provide 
certain protections to volunteers, nonprofit organizations, and 
governmental entities in lawsuits based on the activities of 
volunteers.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:
       Resolved, That the bill from the Senate (S. 543) entitled 
     ``An Act to provide certain protections to volunteers, 
     nonprofit organizations, and governmental entities in 
     lawsuits based on the activities of volunteers'', do pass 
     with the following amendment:
       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Volunteer Protection Act of 
     1997''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds and declares that--
       (1) the willingness of volunteers to offer their services 
     is deterred by the potential for liability actions against 
     them;
       (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 an appropriate subject for Federal 
     legislation;
       (5) services and goods provided by volunteers and nonprofit 
     organizations would often otherwise be provided by private 
     entities that operate in interstate commerce;
       (6) due to high liability costs and unwarranted litigation 
     costs, volunteers and nonprofit organizations face higher 
     costs in purchasing insurance, through interstate insurance 
     markets, to cover their activities; and
       (7) clarifying and limiting the liability risk assumed by 
     volunteers is an appropriate subject for Federal legislation 
     because--
       (A) of the national scope of the problems created by the 
     legitimate fears of volunteers about frivolous, arbitrary, or 
     capricious lawsuits;
       (B) the citizens of the United States depend on, and the 
     Federal Government expends funds on, and provides tax 
     exemptions and other consideration to, numerous social 
     programs that depend on the services of volunteers;
       (C) it is in the interest of the Federal Government to 
     encourage the continued operation of volunteer service 
     organizations and contributions of volunteers because the 
     Federal Government lacks the capacity to carry out all of the 
     services provided by such organizations and volunteers; and
       (D)(i) liability reform for volunteers, will promote the 
     free flow of goods and services, lessen burdens on interstate 
     commerce and uphold constitutionally protected due process 
     rights; and
       (ii) therefore, liability reform is an appropriate use of 
     the powers contained in article 1, section 8, clause 3 of the 
     United States Constitution, and the fourteenth amendment to 
     the United States Constitution.
       (b) Purpose.--The purpose of this Act is to promote the 
     interests of social service program beneficiaries and 
     taxpayers and to sustain the availability of programs, 
     nonprofit organizations, and governmental entities that 
     depend on volunteer contributions by reforming the laws to 
     provide certain protections from liability abuses related to 
     volunteers serving nonprofit organizations and governmental 
     entities.

     SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

       (a) Preemption.--This Act preempts the laws of any State to 
     the extent that such laws are inconsistent with this Act, 
     except that this Act shall not preempt any State law that 
     provides additional protection from liability relating to 
     volunteers or to any category of volunteers in the 
     performance of services for a nonprofit organization or 
     governmental entity.
       (b) Election of State Regarding Nonapplicability.--This Act 
     shall not apply to any civil action in a State court against 
     a volunteer in which all parties are citizens of the State if 
     such State enacts a statute in accordance with State 
     requirements for enacting legislation--
       (1) citing the authority of this subsection;
       (2) declaring the election of such State that this Act 
     shall not apply, as of a date certain, to such civil action 
     in the State; and

[[Page S4916]]

       (3) containing no other provisions.

     SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.

       (a) Liability Protection for Volunteers.--Except as 
     provided in subsections (b) and (d), no volunteer of a 
     nonprofit organization or governmental entity shall be liable 
     for harm caused by an act or omission of the volunteer on 
     behalf of the organization or entity if--
       (1) the volunteer was acting within the scope of the 
     volunteer's responsibilities in the nonprofit organization or 
     governmental entity at the time of the act or omission;
       (2) if appropriate or required, the volunteer was properly 
     licensed, certified, or authorized by the appropriate 
     authorities for the activities or practice in the State in 
     which the harm occurred, where the activities were or 
     practice was undertaken within the scope of the volunteer's 
     responsibilities in the nonprofit organization or 
     governmental entity;
       (3) the harm was not caused by willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the volunteer; and
       (4) the harm was not caused by the volunteer operating a 
     motor vehicle, vessel, aircraft, or other vehicle for which 
     the State requires the operator or the owner of the vehicle, 
     craft, or vessel to--
       (A) possess an operator's license; or
       (B) maintain insurance.
       (b) Concerning Responsibility of Volunteers to 
     Organizations and Entities.--Nothing in this section shall be 
     construed to affect any civil action brought by any nonprofit 
     organization or any governmental entity against any volunteer 
     of such organization or entity.
       (c) No Effect on Liability of Organization or Entity.--
     Nothing in this section shall be construed to affect the 
     liability of any nonprofit organization or governmental 
     entity with respect to harm caused to any person.
       (d) Exceptions to Volunteer Liability Protection.--If the 
     laws of a State limit volunteer liability subject to one or 
     more of the following conditions, such conditions shall not 
     be construed as inconsistent with this section:
       (1) A State law that requires a nonprofit organization or 
     governmental entity to adhere to risk management procedures, 
     including mandatory training of volunteers.
       (2) A State law that makes the organization or entity 
     liable for the acts or omissions of its volunteers to the 
     same extent as an employer is liable for the acts or 
     omissions of its employees.
       (3) A State law that makes a limitation of liability 
     inapplicable if the civil action was brought by an officer of 
     a State or local government pursuant to State or local law.
       (4) A State law that makes a limitation of liability 
     applicable only if the nonprofit organization or governmental 
     entity provides a financially secure source of recovery for 
     individuals who suffer harm as a result of actions taken by a 
     volunteer on behalf of the organization or entity. A 
     financially secure source of recovery may be an insurance 
     policy within specified limits, comparable coverage from a 
     risk pooling mechanism, equivalent assets, or alternative 
     arrangements that satisfy the State that the organization or 
     entity will be able to pay for losses up to a specified 
     amount. Separate standards for different types of liability 
     exposure may be specified.
       (e) Limitation on Punitive Damages Based on the Actions of 
     Volunteers.--
       (1) General rule.--Punitive damages may not be awarded 
     against a volunteer in an action brought for harm based on 
     the action of a volunteer acting within the scope of the 
     volunteer's responsibilities to a nonprofit organization or 
     governmental entity unless the claimant establishes by clear 
     and convincing evidence that the harm was proximately caused 
     by an action of such volunteer which constitutes willful or 
     criminal misconduct, or a conscious, flagrant indifference to 
     the rights or safety of the individual harmed.
       (2) Construction.--Paragraph (1) does not create a cause of 
     action for punitive damages and does not preempt or supersede 
     any Federal or State law to the extent that such law would 
     further limit the award of punitive damages.
       (f) Exceptions to Limitations on Liability.--
       (1) In general.--The limitations on the liability of a 
     volunteer under this Act shall not apply to any misconduct 
     that--
       (A) constitutes a crime of violence (as that term is 
     defined in section 16 of title 18, United States Code) or act 
     of international terrorism (as that term is defined in 
     section 2331 of title 18) for which the defendant has been 
     convicted in any court;
       (B) constitutes a hate crime (as that term is used in the 
     Hate Crime Statistics Act (28 U.S.C. 534 note));
       (C) involves a sexual offense, as defined by applicable 
     State law, for which the defendant has been convicted in any 
     court;
       (D) involves misconduct for which the defendant has been 
     found to have violated a Federal or State civil rights law; 
     or
       (E) where the defendant was under the influence (as 
     determined pursuant to applicable State law) of intoxicating 
     alcohol or any drug at the time of the misconduct.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to effect subsection (a)(3) or (e).

     SEC. 5. LIABILITY FOR NONECONOMIC LOSS.

       (a) General Rule.--In any civil action against a volunteer, 
     based on an action of a volunteer acting within the scope of 
     the volunteer's responsibilities to a nonprofit organization 
     or governmental entity, the liability of the volunteer for 
     noneconomic loss shall be determined in accordance with 
     subsection (b).
       (b) Amount of Liability.--
       (1) In general.--Each defendant who is a volunteer, shall 
     be liable only for the amount of noneconomic loss allocated 
     to that defendant in direct proportion to the percentage of 
     responsibility of that defendant (determined in accordance 
     with paragraph (2)) for the harm to the claimant with respect 
     to which that defendant is liable. The court shall render a 
     separate judgment against each defendant in an amount 
     determined pursuant to the preceding sentence.
       (2) Percentage of responsibility.--For purposes of 
     determining the amount of noneconomic loss allocated to a 
     defendant who is a volunteer under this section, the trier of 
     fact shall determine the percentage of responsibility of that 
     defendant for the claimant's harm.

     SEC. 6. DEFINITIONS.

       For purposes of this Act:
       (1) Economic loss.--The term ``economic loss'' means any 
     pecuniary loss resulting from harm (including the loss of 
     earnings or other benefits related to employment, medical 
     expense loss, replacement services loss, loss due to death, 
     burial costs, and loss of business or employment 
     opportunities) to the extent recovery for such loss is 
     allowed under applicable State law.
       (2) Harm.--The term ``harm'' includes physical, 
     nonphysical, economic, and noneconomic losses.
       (3) Noneconomic losses.--The term ``noneconomic losses'' 
     means losses for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss of consortium (other than loss of 
     domestic service), hedonic damages, injury to reputation and 
     all other nonpecuniary losses of any kind or nature.
       (4) Nonprofit organization.--The term ``nonprofit 
     organization'' means--
       (A) any organization which is described in section 
     501(c)(3) of the Internal Revenue Code of 1986 and exempt 
     from tax under section 501(a) of such Code and which does not 
     practice any action which constitutes a hate crime referred 
     to in subsection (b)(1) of the first section of the Hate 
     Crime Statistics Act (28 U.S.C. 534 note); or
       (B) any not-for-profit organization which is organized and 
     conducted for public benefit and operated primarily for 
     charitable, civic, educational, religious, welfare, or health 
     purposes and which does not practice any action which 
     constitutes a hate crime referred to in subsection (b)(1) of 
     the first section of the Hate Crime Statistics Act (28 U.S.C. 
     534 note).
       (5) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the Northern 
     Mariana Islands, any other territory or possession of the 
     United States, or any political subdivision of any such 
     State, territory, or possession.
       (6) Volunteer.--The term ``volunteer'' means an individual 
     performing services for a nonprofit organization or a 
     governmental entity who does not receive--
       (A) compensation (other than reasonable reimbursement or 
     allowance for expenses actually incurred); or
       (B) any other thing of value in lieu of compensation,

     in excess of $500 per year, and such term includes a 
     volunteer serving as a director, officer, trustee, or direct 
     service volunteer.

     SEC. 7. EFFECTIVE DATE.

       (a) In General.--This Act shall take effect 90 days after 
     the date of enactment of this Act.
       (b) Application.--This Act applies to any claim for harm 
     caused by an act or omission of a volunteer where that claim 
     is filed on or after the effective date of this Act but only 
     if the harm that is the subject of the claim or the conduct 
     that caused such harm occurred after such effective date.

  Mr. LEAHY. Mr. President, I commend the House Judiciary Committee and 
the House of Representatives for their consideration and passage of 
H.R. 911, the Volunteer Protection Act of 1997.
  At the beginning of this month, the senior Senator from Georgia and I 
worked out a compromise version of the Volunteer Protection Act, S. 
543. Our bipartisan legislation extended reasonable liability 
protection to individual volunteers for honest mistakes with no effect 
on liability of nonprofit organizations and governmental entities. The 
Coverdell-Leahy substitute offered liability protection for individuals 
who are volunteering to help others and acting in good faith and passed 
the Senate by a 99-1 vote.
  I am pleased that the House Judiciary Committee adopted the 
Coverdell-Leahy substitute version of the Volunteer Protection Act at 
its mark-up of H.R. 911. During its consideration of H.R. 911, the 
House Judiciary Committee adopted two amendments that improve our 
legislation.
  First, the House Judiciary Committee adopted an amendment by 
Representative Scott that applies the act's protection to conduct after 
the act's effective date. Prospective application makes sense since the 
act's passage will give notice to all parties of their new legal 
rights.
  Second, House Judiciary Committee adopted an amendment by 
Representative Jackson-Lee that exempts members of hate groups from the 
liability protections in the bill. Although I am

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not completely comfortable with the language of this amendment, its 
purpose is clear--to make sure that this legislation provides no 
protection whatsoever to anyone who is involved in a hate crime. I know 
that every one of my colleagues opposes hate groups and would not 
support liability protection for them and this amendment makes that 
explicitly clear.
  I recommend that my colleagues review the House Judiciary Committee 
report on H.R. 911, House Report 105-101, for a section-by-section 
analysis and summary of the bill.
  Although I support the Volunteer Protection Act, I realize that it is 
not perfect. I am troubled by its possible preemption of existing state 
law. While the bill's preemption provision has been significantly 
narrowed from the original version of S. 543, this legislation still 
preempts state laws that do not provide more protection for volunteers. 
If preemption occurs, State legislatures may pass legislation to opt 
out of the bill's coverage.
  Rather than preempting some State laws, I would prefer that Congress 
offer Federal incentives to States to enact model language for limiting 
volunteer liability. Many States have already acted on this issue with 
at least 44 States having passed some protection for volunteers. If we 
can achieve the shared objective of protecting individual volunteers 
without preempting State tort law, I think we should be pursuing that 
route. That approach, however, was not acceptable to the majority.
  I am also troubled by the manner that the Senate considered the 
Volunteer Protection Act. S. 543 was brought to the Senate floor 
without notice, without hearings and without a committee report. 
Although Senator Coverdell and I were able to work together to fashion 
a bipartisan bill, I believe that process would have been much easier 
had we gone through the normal process of considering the Volunteer 
Protection Act through the Senate Judiciary Committee.
  Mr. President, I share a profound sense of gratitude and appreciation 
for the thousands of Vermonters and millions of volunteers nationwide 
whose selfless acts make the world a better place for us all. The 
people who spend their weekends preparing dinners for the homeless and 
poor, the parents who organize a carwash to raise money for the local 
PTA, the neighbors who donate to those displaced by flood, fire and 
other disasters--these generous acts of voluntarism and countless 
others are an essential element of the American social fabric.
  The Presidents' Summit on America's Future last month in Philadelphia 
was a tribute to the spirit of American voluntarism and a magnifying 
glass that will help spark intensified efforts by all Americans to be 
better citizens and better neighbors; citizens who will be more willing 
to give of ourselves to make life better in our communities and nation. 
The events in Philadelphia were nonpartisan and inclusive of the 
interests of all. I am pleased that we in the Senate and House of 
Representatives were able to work in that spirit to craft bipartisan 
legislation that promotes the worthy goals of voluntarism in America.
  I believe we are building on the success of the Presidents' Summit on 
America's Future by working together to pass a good bill that provides 
volunteers involved in the delivery of needed services with reasonable 
liability protection. I urge my colleagues to support S. 543, the 
Volunteer Protection Act.
  Mr. COVERDELL. Mr. President, we have today taken an important step 
to encourage more people to step forward and serve their communities as 
volunteers by removing the fear of unwarranted lawsuits against 
volunteers. Our adoption of S. 543, the Volunteer Protection Act of 
1997, will grant immunity from personal civil liability, under certain 
circumstances, to volunteers working for nonprofit organizations and 
governmental entities.
  This legislation has enjoyed overwhelming bipartisan support in both 
bodies. I want to thank all of those members who supported this bill to 
help our volunteers all across America. In particular, I would like to 
recognize the leadership of Senator McConnell, who has been a strong 
advocate of reform in this area, and the other cosponsors of the bill: 
Senator Abraham, Senator Ashcroft, Senator Enzi, Senator Gramm, Senator 
Gregg, Senator Hutchinson of Arkansas, Senator Kyl, Senator Santorum, 
and Senator Sessions. All of them were extremely helpful during the 
original Senate debate and in many other ways as we moved this 
legislation forward.
  I thank also Senator Leahy for his cooperation and leadership in 
striking a compromise that both sides of the aisle, and indeed both 
Chambers, could support.
  From the other body, I thank Congressman John Porter of Illinois, who 
has been promoting the issue of volunteer protection since 1986 and 
truly laid the foundation for today's success. Henry Hyde, Chairman of 
the House Judiciary Committee, was instrumental in holding hearings on 
volunteer protection legislation. I should also thank Congressman Bob 
Inglis for his leadership on this issue. And Speaker Gingrich lent his 
strong support to our effort. We worked in close coordination with our 
colleagues in the other body and I appreciate their cooperation and 
hard work to make this victory possible for volunteers.
  We now send the Volunteer Protection Act to the White House with the 
expectation that the President will enthusiastically sign it. This 
legislation bears directly on the mission of the Philadelphia Summit 
held last month at which President Clinton, and former Presidents Bush, 
Carter, and Ford joined with Gen. Colin Powell and other leaders to ask 
Americans to make a commitment to volunteerism.
  Congress has now said to would-be volunteers that you don't have to 
be afraid of being named in a frivolous lawsuit based on your volunteer 
service. If you make a simple, honest mistake, we are not going to put 
all your assets on the block in a lawsuit lottery. Don't be afraid to 
step forward, get involved, and take an active part in the affairs of 
your community.
  We hope the President will join with the overwhelming majorities in 
both houses of Congress and sign the Volunteer Protection Act into law.
  Mr. ABRAHAM. Mr. President, I am very pleased that the House passed 
volunteer protection legislation this week and that the Senate is now 
voting on final passage of the Volunteer Protection Act. I look forward 
to our sending this important legislation to the President for his 
signature.
  Thanks to the tireless efforts of my distinguished colleagues, 
particularly Senators Coverdell and McConnell, but also Senators 
Santorum, Ashcroft and others, including Representatives Porter and 
Inglis in the House, we were able to pass this legislation, which will 
grant meaningful relief from unwarranted litigation to volunteers.
  I have heard from my constituents in Michigan and others time and 
again about baseless lawsuits that have plagued volunteers and about 
how some have declined to volunteer or have limited their voluntary 
activities out of concern for being sued. Volunteers with the Boy 
Scouts, Little League, the Red Cross, and many other fine organizations 
have been subject to frivolous and baseless litigation. They have had 
to spend considerable time and money defending lawsuits. That time and 
money could be going to charitable activities, instead of going to 
increased legal fees and liability insurance costs.
  We heard many examples of frivolous lawsuits and their costs during 
floor debate on this legislation, and I am pleased that Congress is 
taking action to address these significant problems that have hindered 
charitable activities. While many other sectors of our society and our 
economy continue to face equally harmful lawsuit abuses and while we 
need broader litigation reforms to address those abuses, this 
legislation represents a significant step forward in reintroducing some 
measure of fairness and justice in our civil justice system. In the 
coming weeks, I plan to introduce a bill that would provide relief from 
abusive lawsuits to small businesses, and I also plan to join Senator 
McConnell in introducing a broad civil justice reform bill similar to 
the bill on which he and I collaborated last Congress. Those efforts 
are no less needed, but voluntary activity does provide some very 
special benefits that justify kicking off legal reform efforts this 
Congress by focussing on volunteers.

[[Page S4918]]

  Charitable activity in particular provides a unique link between us 
as members of the same community. Through volunteer work and efforts, 
each of us think of our neighbors, and even strangers, as our brothers 
and sisters, deserving of our care and help. All too often, abusive 
litigation has broken down that community spirit and made us look at 
each other as potential plaintiffs and defendants, rather than as 
neighbors and friends.

  The Volunteer Protection Act will help rebuild that spirit by 
reducing litigation excesses. The bill provides relief from punitive 
damages for volunteers by providing that punitive damages may only be 
awarded against a volunteer in cases in which the claimant proves by 
clear and convincing evidence that the harm was caused by the defendant 
through criminal or willful misconduct or through a conscious, flagrant 
indifference to the rights and safety of the claimant.
  The act also reintroduces some fairness into the system by reforming 
joint and several liability rules so that, where a volunteer is a 
defendant in an action, the volunteer will be liable for noneconomic 
damages only in proportion to the volunteer's responsibility for 
causing the harm. That is only fair. In addition, where a volunteer is 
not acting with gross negligence, recklessness, or in a more egregious 
fashion, that volunteer will not be liable for harm caused in the scope 
of the voluntary activity.
  This legislation also includes a State opt-out provision, under which 
a State may opt out of the bill's provisions for cases in State court 
in which all parties are citizens of the State. No State is expected to 
elect out of the coverage of this bill's worthy provisions, but it was 
important to include such a provision out of respect for principles of 
federalism.
  These reforms can help create a system in which plaintiffs sue only 
when they have good reason--and only those who are responsible for 
their damages--and in which only those who are responsible must pay. 
Such reforms will create an atmosphere in which our fear of one another 
will be lessened, and our ability to join associations in which we 
learn to care for one another will be significantly greater.
  I thank my colleagues on both sides of the aisle for supporting this 
legislation, I look forward to continuing to work to achieve broader 
legal reforms, and I hope that the President will demonstrate his 
support for voluntarism by signing the Volunteer Protection Act into 
law.
  Mr. McCONNELL. Mr. President, I am proud tonight to see that we are 
one small step away from providing protections for one of our most 
cherished resources--that is, the men and women who serve as volunteers 
throughout our communities. The Senate is prepared to pass this bill 
tonight, and we anxiously await the President's signature.
  This country's long line of volunteerism is built upon the principle 
of loving your neighbor as yourself--of being a ``Good Samaritan'' and 
stopping along side the road to lend a helping hand. People from my 
home state of Kentucky understand and live this simple, yet powerful 
principle.
  Unfortunately, this volunteer spirit has become another victim to our 
national epidemic of litigation. William Cople, former pro bono General 
Counsel for the National Capital Area Council of the Boy Scouts of 
America has written that, ``volunteer service is under assault from an 
unlikely quarter--the civil justice system. Like so many others, 
volunteers and their service organizations have been swept into the 
courts to face potential liability in civil suits.''
  Moreover, even the Little League faces major league liabilities. As 
Dr. Creighton Hale, former CEO of Little League Baseball, has noted, 
the Little League has become the ``Litigation League.'' For example, 
one woman won a cash settlement when she was struck by a ball that a 
player failed to catch. Incidentally, the player was her daughter.
  The chilling effect of even one settlement or judgment is astounding. 
Again, I quote the Boy Scouts' former General Counsel who has 
explained: ``a legal judgment entered in a single case can have a 
multitude of consequences extending far beyond that case itself. This 
surely is a reason for concern in the case of volunteers to service 
organizations.''

  It is precisely this type of reasoning and this type of horror 
stories-come-to-life that prompted me to introduce legislation to 
protect volunteers. I have introduced such legislation in 1990, 1993, 
and 1995. In this Congress, I have been proud to work with Senator 
Coverdell to bring this bill to final passage, and I greatly appreciate 
his leadership.
  Specifically, our bill protects volunteers: First, who act within the 
scope of their responsibilities, second, who are properly licensed or 
certified, where necessary, and third, who do not act in a willful, 
criminal or grossly negligent fashion.
  The organizations whose volunteers will receive protection are both 
broad and worthy. Our bill not only covers 501(c)(3) organizations, but 
it also covers volunteers of the organizations which do good work, but 
do not have a tax exemption under 501(c)(3). For example, our bill 
covers volunteers of local charities, volunteer fire departments, 
little leagues, veterans groups, trade associations, chambers of 
commerce, and other nonprofit entities that exist for charitable, 
religious, educational, and civic purposes.
  Finally, this bill is significant because it provides a national 
solution for a national problem. Bob Goodwin, president and CEO of The 
Points of Light Foundation, testified recently that a national solution 
is necessary because ``there is no consistency among our states with 
regard to volunteer liability statutes.'' Moreover, Mr. Goodwin 
explained that ``the lack of consistency has led to confusion in the 
volunteer community.'' The Volunteer Protection Act responds to this 
need and provides a uniform minimum standard to protect our volunteers.
  In closing, let me say a deep word of thanks to all the volunteers 
and leaders who have helped me push for this legislation over the past 
7 years. In particular, I want to offer a special and heartfelt thank 
you to my wife, Elaine Chao, who has kept me focused on this issue, and 
been such a steady and constant voice for the men and women who serve 
in our communities.
  I also thank the President for his efforts in joining with Gen. Colin 
Powell and with President Bush to promote volunteerism throughout our 
country. I encourage President Clinton to sign this legislation and 
provide much-needed protection for our volunteers.
  Mr. STEVENS. I ask unanimous consent the Senate concur in the 
amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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