[Congressional Record Volume 151, Number 53 (Wednesday, April 27, 2005)]
[Senate]
[Pages S4425-S4426]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLEN (for himself, Mr. Chambliss, Mr. Inhofe, Mr. Coburn, 
        Mr. Talent, Mr. Cornyn, and Mr. Isakson):
  S. 929. A bill to provide liability protection to nonprofit volunteer 
pilot organizations flying for public benefit and to the pilots and 
staff of such organizations; to the Committee on the Judiciary.
  Mr. ALLEN. Mr. President, I rise in support of legislation that I 
reintroduced today with a number of my Senate colleagues--the Volunteer 
Pilot Organization Protection Act of 2005.
  The spirit of volunteerism is indelibly rooted in our Nation's 
history. From when early settlers landed in Jamestown in 1607 to when 
our citizen soldiers took up arms against the British Crown in the 
Revolutionary War, volunteerism has always been a part of American 
culture.
  But that unwavering spirit did not stop there, it has continued and 
thrived in many individuals and charitable organizations today. One 
such group of organizations that has selflessly given back so much to 
Virginians and Americans are charitable medical transportation systems 
operated by volunteer pilot organizations, VPOs.
  The mission and purpose of public benefit and non-profit volunteer 
pilot organizations involved in patient transport is to ensure that no 
financially needy patient is denied access to distant specialized 
medical evaluation, diagnosis or treatment for lack of a means of long-
distance medical air transportation. The principal goal is to remove 
the geographical and financial burdens that would deny access to 
specialized care.
  Last year public benefit flying non-profit volunteer pilot 
organizations provided long-distance, no-cost transportation for over 
40,000 patients and their escorts in times of special need. Mr. 
President, this year, that figure will likely grow to roughly 54,000 
people.
  One such organization that has played an intricate part in this 
mission is Angel Flight. Angel Flight is a not-for-profit grassroots 
organization with a volunteer corps of more than 6,200 volunteer 
pilots/plane owners--divided into six regions across the United 
States--who fly under the banner of Angel Flight America. Angel Flight 
provides flights of hope and healing by transporting patients and their 
families in private planes, free of charge, to hospitals for medical 
treatment.
  Following the terrorist attacks of September 11, 2001, the Department 
of Transportation and the FAA closed airports and grounded commercial 
air traffic, but the FAA allowed Angel Flight volunteers to fly. Angel 
Flight pilots flew firefighters, families of victims of the bombings, 
Red Cross personnel, medical and other supplies including the 
protective booties for the Search and Rescue dogs to New York and 
Washington, DC.
  In my years of public service, I have always maintained that we must 
provide access to care to all Virginians and Americans. Medical care 
should be available to all individuals. Sadly, our Nation is facing a 
medical crisis. Medical malpractice insurance costs and Medicare 
physician reimbursement are forcing many of our doctors to stop seeing 
``high-risk'' patients or Medicare beneficiaries and in some cases 
forcing our doctors to give up practice altogether and retire. As a 
result, patients have to travel great distances to receive the medical 
care that they need to live happy, healthy and productive lives. 
Unfortunately, a number of these patients do not have the financial 
means to travel long distances, thus, ultimately denying patients 
access to life-saving or quality of life improving specialized 
treatment.
  We can say the same with patients who rely on volunteer pilot 
organizations such as Angel Flight or one of its subsidiary groups like 
Mercy Medical Airlift in my home Commonwealth of Virginia. 
Unfortunately, due to the public's apparent notion that organizations 
that use airplanes are financially well-off and have deep pockets, many 
of the volunteer pilot organizations are open to frivolous and junk 
lawsuits. This leads to an access to care issue.
  Also, aviation insurance has skyrocketed up in price and non-owned 
aircraft liability insurance is no longer reasonably available to 
volunteer pilot organizations. Many insurance companies had always 
provided this type of insurance but post September 11, 2001, this 
insurance is scarcely found and if found, the costs have increased 
greatly, to the astronomical sums of $5 million a year. Because of the 
exorbitant costs of insurance, volunteer pilot organizations have a 
difficult time recruiting and retaining pilots and professional 
persons.
  I would like to submit an editorial written by the Virginian Pilot. 
This editorial correctly identifies the obstacles that these volunteer 
pilot organizations have to go through. I would like that editorial 
inserted here.
  That is why I decided to introduce the Volunteer Pilot Organization 
Protection Act. In 1997, Congress passed the Volunteer Protection Act, 
which handled much of the liability issue for volunteer endeavors in 
the country; however, this legislation did not adequately address 
aviation-related matters.
  My bill amends the highly regarded Good Samaritan Act to provide 
necessary liability protections in the area of charitable medical air 
transportation and promote volunteer pilot organizations. More 
specifically, this legislation will protect volunteer pilot 
organizations, their boards and small paid staff and nonflying 
volunteers from liability should there be an accident. The VPOs are 
simply the ``match-makers'' between the volunteer pilot willing to help 
a neighbor and the needy patient family. The pilot has full and sole 
responsibility for conducting the flight in a safe manner in accordance 
with Federal Aviation Regulations. In addition, this legislation will 
provide liability protection for the individual volunteer pilot over 
and above the liability insurance that they are required to carry.
  Furthermore, the Volunteer Pilot Protection Act will provide 
liability protection for ``referring agencies'' who tell their patients 
that the charitable flight service is available. Referring hospitals 
and clinics are becoming unwilling to inform their patients that 
charitable medical air transportation help is available for fear of a 
liability against them should something happen in a subsequent 
volunteer pilot flight. Hence, organizations like the Shriners Hospital 
System and the American Cancer Society would be able to make known 
available volunteer pilot services to transport their patients to 
Shriners or other hospitals where they receive care.
  I know a few people have concerns that this bill would provide 
blanket immunity to Volunteer Pilot Organizations but I want to stress 
that my bill requires insurance on the part of the pilot and if there 
is negligence on behalf of the pilot, the injured party does have legal 
recourse. This bill does not provide blanket immunity to VPOs, but has 
been carefully worded to allow

[[Page S4426]]

legal action to be brought against the insurance policy of the pilot in 
event of negligence.
  By providing volunteer pilots with liability protection, insurance 
rates for these pilots will ultimately be reduced. Therefore, more 
pilots will be able to afford insurance and fly for the public good. 
With less-costly insurance available, I am confident that more pilots 
will generously give their time to fly for and help the medically 
needy.
  This bill enjoys the support of a number of charitable organizations, 
including the Children's Organ Transplant Association, the National 
Organization for Rare Disorders, the Air Care Alliance, the Independent 
Charities of America, the Health and Medical Research Charities of 
America, the National Association of Hospital Hospitality Houses, and 
many others.
  Not only does this legislation enjoy the support of numerous 
charitable organizations, it also enjoyed the support of the United 
States House of Representatives. On September 14, 2004, the House of 
Representatives passed the Volunteer Pilot Organization Protection Act 
of2004 by a vote of 385-12. Mr. President, this is a clear indication 
that this bill has broad bipartisan support in the House and I know the 
House will once again pass this commonsense legislation.
  I am confident that this legislation will start a trend to help curb 
the large amounts of counterproductive lawsuits, lower insurance costs, 
and promote the spirit of volunteerism that has been rooted in the 
framework of our country's storied history. I, along with the volunteer 
pilots and organizations, and with the thousands of families who rely 
and may rely on the help of volunteer pilot organizations, urge the 
Senate to quickly and finally pass this legislation in the 109th 
Congress.
  I would like to thank Congresswoman Thelma Drake, our newest member 
to the Virginia team, for taking over this legislation for former 
Congressman Ed Schrock and introducing the companion bill on the House 
side. In addition, I would also like to thank the original cosponsors 
of this legislation, Senators Chambliss, Inhofe, Coburn, Talent, 
Cornyn, and Isakson for their support as we work to pass this vitally 
necessary legislation.

                 [From the (Norfolk) Virginian-Pilot, 
                             Mar. 11, 2003]

             Shield Helpful Pilots From Frivolous Lawsuits

       In the realm of volunteers, few outshine the generous folks 
     at Angel Flight.
       This nonprofit organization flies patients for whom air 
     transport would be otherwise unaffordable to medical 
     facilities around the country. Private pilots spirit 
     individuals to dialysis, chemotherapy sessions, organ 
     transplants and other surgeries by donating their aircraft 
     and their valuable time. The goal is a noble one: to ensure 
     that no one in need is denied medical care for lack of long-
     distance transportation.
       But in our lawsuit-happy society, even these warmhearted 
     souls can't escape the possibility of landing in court. While 
     a law known as the Volunteer Protection Act shields most 
     people who give their time to worthy causes from frivolous 
     suits, it doesn't cover volunteer pilots or flight 
     organizers. Liability insurance costs for Angel Flight and 
     similar nonprofits have skyrocketed from $1,000 to more than 
     $25,000 annually.
       This prohibitive price tag threatens the future of Angel 
     Flight, which is funded solely through donations. A 
     spokeswoman for Angel Flight Mid-Atlantic, headquartered in 
     Virginia Beach, said the burden will ultimately fall on sick 
     and needy patients. And with 600 volunteer pilots 
     transporting an average of 100 medical cases a month, 
     literally thousands of lives may be affected by this 
     oversight in the law.
       Fortunately, lawmakers are paying attention. U.S. Rep. Ed 
     Schrock recently introduced bipartisan legislation to add 
     volunteer-pilot organizations to the ranks of those covered 
     by the Volunteer Protection Act. U.S. Sen. George Allen is 
     expected to introduce a similar measure in the Senate. 
     Congress should pass these bills, the sooner the better. 
     Keeping Angel Flight aloft is literally a life-and-death 
     matter.
                                 ______