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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION Vol. 143 WASHINGTON, THURSDAY, MAY 1, 1997 No. 55 Senate The Senate met at 10:30 a.m., and was SCHEDULE Mr. COVERDELL. Mr. President, as called to order by the President pro Mr. COVERDELL. Mr. President, for the Presiding Officer knows, we have tempore [Mr. THURMOND]. the information of all Senators, this been at this for the better part of the morning the Senate will begin consid- week. I am pleased that the two sides PRAYER eration of S. 543, the Volunteer Protec- have decided to proceed to the actual The Chaplain, Dr. Lloyd John tion Act. As a reminder, the previously legislation and to consider its merits Ogilvie, offered the following prayer: ordered cloture votes for today are vi- straightforwardly. I was also pleased to Almighty God, on this National Day tiated, and the Senate is now able to be notified this morning that during of Prayer, we join with millions across begin consideration of this important the summitÐand I had not realized our land in intercession and suppli- legislation. It is my understanding thisÐthat occurred, Governors cation to You, the Sovereign Lord of that amendments are expected to be of- Branstad of Iowa, Whitman of New Jer- the United States of America. As we fered to this bill. Therefore, Senators sey, and Wilson of California, issued a sound that sacred word Sovereign, we can anticipate votes throughout to- public statement in support of the Vol- echo Washington, Jefferson, Madison, day's session of the Senate. It is the unteer Protection Act while in Phila- and Lincoln along with other leaders majority leader's hope that the Senate delphia, and called on the President to through the years, in declaring that will be able to complete action on the sign it. I am deeply grateful to these You are our ultimate ruler. We make a Volunteer Protection Act today. Governors, who have longstanding ca- reers in public service, for stepping for- new commitment to be one nation Also, there is the possibility that the ward and calling on the passage of the under You, God, and we place our trust Senate could consider items on the Ex- ecutive Calendar. Therefore, additional Volunteer Protection Act. in You. Mr. President, I thought it would be votes could occur other than votes on You have promised that if Your peo- useful, given the fact that we are now the Volunteer Protection Act during ple will humble themselves, seek Your beginning the actual debate, to revisit today's session. In addition, the Appro- face, and pray, You will answer and the general parameters of the Volun- priations Committee has completed ac- heal our land. Lord, as believers in teer Protection Act of 1997, which is a tion on the supplemental appropria- You, we are Your people. You have bill to provide certain protections to tions bill and it is the majority leader's called us to be salt in any bland ne- volunteers, nonprofit organizations, expectation to begin consideration of glect of our spiritual heritage and light and governmental entities in lawsuits in the darkness of what contradicts that bill next week. based on the activities of volunteers. Your vision for our Nation. Give us I thank my colleagues for their at- First, Mr. President, I will frame the courage to be accountable to You and tention. problem. Prior to 1980, there was vir- Your Commandments. We repent for f tually no issue for us to consider here. the pride, selfishness, and prejustice RESERVATION OF LEADER TIME Millions upon millions of Americans that often contradict your justice and The PRESIDING OFFICER (Mr. over the history of our country have righteousness in our society. continued to step forward, help their SANTORUM). Under the previous order, Lord of new beginnings, our Nation the leadership time is reserved. neighbors, help in disasters, help that needs a great spiritual awakening. May is grandiose, like fighting off the wa- f this day of prayer be the beginning of ters in a flood to something as simple that awakening with each of us in this VOLUNTEER PROTECTION ACT OF as crossing the street with a spare Senate. We urgently ask that our hon- 1997 meal or a good wish for a neighbor. esty about the needs of our Nation and The PRESIDING OFFICER. Under But something happened in 1980. Sud- our humble confession of our spiritual the previous order, the Senate will now denly there were several very cele- hunger for You may sweep across this proceed to consideration of S. 543, brated lawsuit cases that targeted the Nation. Hear the prayers of Your peo- which the clerk will report. volunteer. It changed the whole nature ple and continue to bless America. In The bill clerk read as follows: of the environment for voluntarism in Your holy name, Amen. A bill (S. 543) to provide certain protec- America. As we moved on through the f tions to volunteers, nonprofit organizations, 1980's we found a situation where, with and governmental entities in lawsuits based increasing frequency, for a variety of RECOGNITION OF THE ACTING on activities of volunteers. reasons, it was the volunteer that was MAJORITY LEADER The Senate proceeded to consider- singled out by a plaintiff or a claimant. The PRESIDENT pro tempore. The ation of the bill. It could have been that the organiza- able acting majority leader, Senator The PRESIDING OFFICER. The Sen- tion that the individual was contribut- COVERDELL of Georgia, is recognized. ator from Georgia. ing to did not have any resources, that · This ``bullet'' symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S3861 S3862 CONGRESSIONAL RECORD Ð SENATE May 1, 1997 the volunteer had accumulated some Act takes the volunteer and provides derstand the myriad of laws that relate assetsÐa home, a checking account, some shield against being a target of a to this across the several States. Cer- whateverÐand so the lawyers for the lawsuit. tainly, a volunteer would have no ca- claimant went to the volunteer. I told the story earlier in the week of pacity to do this. What has resulted from this? Well, as a charity that ran a gym and a young- So this law, the Volunteer Protection best we can tell, and you really cannot ster broke a leg by dropping weights. A Act, sets a national standard of protec- get the exact data, there have not been volunteer, a woman, was the reception- tion. But if a State chose to create a rash of findings against the volun- istÐnot in the gym. She is out answer- more protections, that would be their teers. They have been able to defend ing the phone. She became the legal right. Or if the State took an affirma- themselves, by and large. Many of the target. She had virtually nothing to do tive act to opt out from under this in cases have been thrown out. But there with the incident other than having those cases where all the parties in- is a chilling pall that has been cast been on the premises on the phone. The volved are citizens of that State, they over voluntarism across the land. In Volunteer Protection Act would have could do that as well. So we believe other words, we have put a question protected that woman because she had this is an appropriate balance with re- mark in the mind of an American vol- no relation to the incident. If she had gard to the interaction between the unteer. ``Well, I want to help this fam- been engaged in willful misconduct, if States and the Federal Government. ily, I want to travel to North Dakota she had been reckless, wanton, if she Mr. President, I have gone back to and help in that flood, but could I be had been involved in a hate crime or a this summit time and time again in the putting my home or my business, or sex crime or a civil rights crime, this discussion, but there is something I whatever we have accumulated in our legislation would not protect her, nor noted here this morning that I think is family, at risk for having made this de- should it, and no one wants it to. It very interesting. There was an article cision?'' The answer, unfortunately, is deals with simple acts of omissionÐan about the summit, and it says: yes. So the result is that voluntarism accidentÐthat would protect the vol- Perhaps no one put the challenge more over the last several years since 1989 unteer. simply or compellingly than former First has been droppingÐ54 percent to 51 per- I want to point out, because in all Lady Nancy Reagan, known during her cent to 48 percent, the last number we the chaotic conditions that go on on White House years for her antidrug slogan, have seen. Capitol Hill, I am not sure everybody ``Just say no'' . Second, we have had thousands of has had a chance to read it and under- For which, I might add, many of us volunteers who served on boards of col- stand that no one is protected from are greatly indebted. leges and universities and charities and willful misconduct or reckless behavior Speaking for herself and her husband, ail- charitable organizations resign because or drunk driving. Mr. President, even if ing former President Ronald Reagan, she im- they became fearful they would be the the volunteer is protected, the organi- plored, ``From this day forward, when some- target of these lawsuits.

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