109th CONGRESS
2d Session
H. R. 1871
IN THE SENATE OF THE UNITED STATES
July 18, 2006
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To provide liability protection to nonprofit volunteer pilot organizations
flying for public benefit and to the pilots and staff of such organizations.
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 `Volunteer Pilot Organization Protection Act
of 2006'.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings- Congress finds the following:
(1) Scores of public benefit nonprofit volunteer pilot organizations provide
valuable services to communities and individuals.
(2) In calendar year 2001, nonprofit volunteer pilot organizations provided
long-distance, no-cost transportation for over 30,000 people in times
of special need.
(3) Such organizations are no longer able to reasonably purchase non-owned
aircraft liability insurance to provide liability protection, and thus
face a highly detrimental liability risk.
(4) Such organizations have supported the interests of homeland security
by providing volunteer pilot services at times of national emergency.
(b) Purpose- The purpose of this Act is to promote the activities of nonprofit
volunteer pilot organizations flying for public benefit and to sustain the
availability of the services that such organizations provide, including
transportation at no cost to financially needy medical patients for medical
treatment, evaluation, and diagnosis, as well as other flights of compassion
and flights for humanitarian and charitable purposes.
SEC. 3. LIABILITY PROTECTION FOR NONPROFIT VOLUNTEER PILOT ORGANIZATIONS
FLYING FOR PUBLIC BENEFIT AND TO PILOTS AND STAFF OF SUCH ORGANIZATIONS.
Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503) is amended--
(1) in subsection (a)(4)--
(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(B) by inserting `(A)' after `(4)';
(C) by striking the period at the end and inserting `; or'; and
(D) by adding at the end the following:
`(B) the harm was caused by a volunteer of a nonprofit volunteer pilot
organization that flies for public benefit, while the volunteer was flying
in furtherance of the purpose of the organization and was operating an
aircraft for which the volunteer was properly licensed and insured, unless
the conduct constitutes a Federal crime of terrorism (as such term is
defined in section 2332b(g)(5) of title 18, United States Code) or an
act of domestic terrorism (as such term is defined in section 2331 of
such title), or unless the entity has been convicted of an offense under
section 2339A of such title.';
(A) by amending the heading to read as follows: `Concerning Responsibility
of Volunteers';
(B) by inserting `(1)' before `Nothing'; and
(C) by adding at the end the following new paragraph:
`(2) Nothing in this section shall be construed to affect the liability
for negligence of a volunteer of a nonprofit volunteer pilot organization
that flies for public benefit with respect to amounts within the limits
of liability insurance coverage that such volunteer is required to obtain
pursuant to subsection (a)(4)(B) for liability protection under this section.';
and
(A) by inserting `(1)' before `Nothing'; and
(B) by adding at the end the following new paragraph:
`(2) Notwithstanding paragraph (1), a nonprofit volunteer pilot organization
that flies for public benefit, and the staff, mission coordinators, officers,
and directors (whether volunteer or otherwise) of such organization or a
referring agency of such organization, shall not be liable with respect
to harm caused to any person by a volunteer of such organization, while
the volunteer is flying in furtherance of the purpose of the organization
and is operating an aircraft for which the volunteer is properly licensed
and has certified to such organization that such volunteer has in force
insurance for operating such aircraft. Such referring agency shall include,
among others, any nonprofit organization that provides disaster relief services
that place staff, volunteers, evacuees, goods, supplies, or cargo on aircraft
flights being coordinated by volunteer pilot organizations in circumstances
of disaster response and relief.'.
SEC. 4. REPORT BY ATTORNEY GENERAL.
(a) Study Required- The Attorney General shall carry out a study on the
availability of insurance to nonprofit volunteer pilot organizations that
fly for public benefit. In carrying out the study, the Attorney General
shall make findings with respect to--
(1) whether nonprofit volunteer pilot organizations are able to obtain
insurance;
(3) if yes, then on what terms such insurance is offered; and
(4) if the inability of nonprofit volunteer pilot organizations to obtain
insurance has any impact on the associations' ability to operate.
(b) Report- After completing the study, the Attorney General shall submit
to Congress a report on the results of the study. The report shall include
the findings of the study and any conclusions and recommendations that the
Attorney General considers appropriate.
Passed the House of Representatives July 17, 2006.
Attest:
KAREN L. HAAS,
Clerk.
END
