[Congressional Record Volume 152, Number 93 (Monday, July 17, 2006)]
[House]
[Pages H5242-H5244]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          VOLUNTEER PILOT ORGANIZATION PROTECTION ACT OF 2006

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1871) to provide liability protection to nonprofit 
volunteer pilot organizations flying for public benefit and to the 
pilots and staff of such organizations, as amended.
  The Clerk read as follows:

                               H.R. 1871

       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.'';
       (2) in subsection (b)--
       (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
       (3) in subsection (c)--
       (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;
       (2) if no, then why;
       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr. 
Conyers) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 1871 currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 1871, the Volunteer Pilot 
Organization Protection Act. This bill is narrowly tailored to correct 
specific liability exposure for volunteer and nonprofit activities.
  In 1997, Congress passed the Volunteer Protection Act to shield 
volunteers from liability from some forms of negligence in response to 
concerns that America's lawsuit culture was inhibiting this country's 
rich tradition of volunteerism. However, that act does not protect 
volunteers who operate an automobile, vessel or aircraft, nor does it 
protect the organizations that coordinate the volunteers.
  There are approximately 30 separate volunteer pilot organizations 
flying for the public benefit, the largest of which function together 
as Angel Flight America. These organizations coordinate almost 8,000 
volunteer pilots, who fly anywhere from one to 50 volunteer missions a 
year, all at their own personal expense. These pilots conduct

[[Page H5243]]

public benefit aviation, which includes activities ranging from 
environmental observation, wilderness rescue, delivery of medical 
supplies and organs, and transport of medical patients. In the area of 
medical patient transport alone, volunteer pilot organizations provided 
free, long-distance transportation to over 40,000 patients and their 
escorts in 2003.
  As beneficial as these groups are in the normal course, they are 
crucial in times of crisis. For example, in the wake of Hurricane 
Katrina, Angel Flight America, through its role with the Homeland 
Security Emergency Air Transportation System, flew over 500 missions in 
the first week after the storm, bringing in emergency workers, agency 
staff, volunteers, and supplies.
  These volunteer pilots also flew high-risk individuals to safer 
locations, and once there assisted groups such as the National Center 
for Missing and Exploited Children in reuniting parents and children 
separated in the evacuation of New Orleans. Overall, Angel Flight 
America coordinated over 2,200 flights in the areas affected by 
Hurricane Katrina, second only to the United States military.
  Despite the invaluable services they provide, these groups are not 
protected from liability by the Volunteer Protection Act and face 
difficulty in obtaining the necessary insurance because of liability 
exposure fears. In many cases, the volunteer pilot organizations cannot 
obtain, at any cost, the type of liability insurance that they need. In 
addition, hospitals and other medical establishments are sometimes 
reluctant to refer patients to volunteer pilot medical transport 
services because of their own fear of liability exposure based upon the 
simple act of recommending needy patients to nonprofit volunteer 
pilots.
  This legislation limits the liability exposure for volunteer pilots 
and organizations by bringing them within the scope of coverage of the 
Volunteer Protection Act. The legislation will not confer blanket 
immunity. Liability will attach for gross negligence or reckless, 
willful, or criminal misconduct. The bill would also have an added 
benefit of allowing hospitals, clinics and other organizations, 
including those organizations active in rescue operations like the 
American Red Cross, to refer needy patients for no-cost medical 
transport with less fear of their own liability exposure.
  Further, the bill requires that the pilots purchase insurance in 
order to be covered by the liability protections.
  I would also note that this bill contains two amendments that address 
specific concerns that were raised about earlier versions of this bill. 
The first amendment, which was adopted during the committee markup, 
ensures that the liability protections do not extend to anyone who 
engages in terrorist activities.
  The second amendment, which was negotiated after the markup with 
Representative Scott of Virginia and Representative Drake, provides 
that volunteer pilots, who are required to carry insurance under the 
bill, can be liable up to the limits of that insurance. The pilots 
would not, however, be personally liable for any amounts above their 
insurance for simple negligence.
  Mr. Speaker, H.R. 1871 will end the cycle of litigation and the 
threat of such litigation that has stifled the efforts of public-minded 
volunteer pilots who risk their lives to assist others. The bill is 
supported by a wide array of charitable organizations, including the 
American Red Cross, the National Organization For Rare Disorders, Angel 
Flight America, and the National Air Transportation Association.
  In 2004, the House overwhelmingly passed similar legislation with the 
support of 385 Members. I would urge my colleagues to support this 
important legislation.
  Mr. Speaker, I reserve the balance of my time
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as much as I appreciate volunteer pilot organizations 
and the pilots, this bill creates a number of problems for me that I 
would like to bring to the attention of our membership, and it makes it 
difficult for me to support H.R. 1871.
  If you didn't know that there was a Volunteer Protection Act already 
on the books, this would sound like something that is very important 
and very necessary. But there is, and H.R. 1871 undoes the balance 
achieved in the Volunteer Protection Act by exempting pilots and 
aircraft carriers from liability, and it applies not only to pilots but 
it applies to staff of an organization, mission coordinators, officers 
and directors of the volunteer pilot organizations, referring agencies, 
whether they are for profit or not for profit. And it would leave 
innocent victims without recourse in some situations by reducing the 
standard of care applicable to pilots.
  It does nothing to tackle the real problem which is underlying in 
this bill. What is it? Well, it is that the insurance industry has 
failed to offer insurance to the volunteer pilot organizations and they 
can't get it. They can't get insurance. And so this measure flies in 
the face of already enacted law named the Volunteer Protection Act, 
which was passed 8 years ago and extending over five Congresses.
  The Volunteer Protection Act, as opposed to this measure, was 
carefully deliberated and negotiated. But this measure before us wipes 
the slate clean by giving volunteer pilots protection from liability, 
despite the fact that the Volunteer Protection Act specifically 
excluded that category of volunteers from protection.
  Under the Volunteer Protection Act, pilots and those operating 
aircraft were specifically left out of the liability exemption because 
of the highly dangerous nature of the activity and the fact that States 
already require these pilots to have insurance. The measure undoes that 
and exempts pilots from liability.
  Moreover, it goes further than the Volunteer Protection Act by giving 
this exemption to not only the pilots but also to the staff, the 
mission coordinators and directors of the organizations and referring 
agencies. In the Volunteer Protection Act, Congress made sure it was 
only the volunteers being protected. We don't do that here.
  Finally, as I have said, the real problem is with the insurance 
industry. Why won't they offer insurance to volunteer pilot 
organizations? Well, during the hearing of this legislation in the 
108th Congress, it was suggested that these nonprofit volunteer pilot 
organizations need liability protection because they can't get 
insurance. If this is the case, why not have a bill that requires 
insurance agencies to offer insurance to these organizations? Why not 
that instead of in the reverse, exempting everyone almost under the sun 
from liability.
  So what we are establishing here is a national policy specifically 
allowing certain pilots to operate their aircraft negligently and still 
escape liability. Thank goodness we haven't had any cases like this, 
but by immunizing both the negligent pilot and the organization that 
arranges and provides the transportation, this bill could leave victims 
of an air tragedy and their surviving families with no means of seeking 
compensation for their loss.
  I hope that the House of Representatives will not turn its back on 
the victims of air tragedies, and I hope that none of them will occur. 
But for those reasons, I cannot support the passage of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 5 minutes to the author of 
the bill, the gentlewoman from Virginia (Mrs. Drake).
  Mrs. DRAKE. Mr. Speaker, allow me to begin by thanking key 
individuals whose efforts brought this legislation to the floor today. 
First, let me thank Chairman Sensenbrenner for his diligence in moving 
this bill through the Committee on the Judiciary.
  I would also like to thank Ed Boyer of Angel Flight America located 
in Virginia Beach for raising this important issue and whose vision 
will help hundreds of private citizens respond in time of crisis.
  I would also like to thank my friend and colleague, Mr. Bobby Scott, 
for working with me to bring the best possible bill to the floor today.
  Finally, allow me to thank Sarah Hamlett, who put in countless hours 
to make this bill a reality.
  Today, we have an opportunity to take important action that will 
encourage the natural altruism and patriotism that Americans have 
repeatedly demonstrated in times of crisis.
  In the past 5 years, our Nation has seen two great disasters, one at 
the

[[Page H5244]]

hands of terrorists and one at the hands of Mother Nature. In both 
cases, Americans responded with a tremendous outpouring of compassion, 
lending their time, skills and dollars to a range of charitable 
organizations.

                              {time}  1530

  In response to both 9/11 and Hurricane Katrina, the thousands of 
civil aviators who make up Angel Flight America, stood ready to serve 
and, indeed, played a major role in the disaster response.
  Flying over 150 missions following 9/11 and more than 2,200 missions 
in response to Katrina, these pilots led an aviation disaster response 
second only to that of the U.S. military.
  But providing a coordinated aviation response during national 
emergencies is only a part of the underlying mission for most nonprofit 
volunteer organizations. Their most common mission is to provide 
emergency medical transportation services for needy families.
  Each year, volunteer pilots transport hundreds of people with life-
threatening illnesses thousands of miles in order to receive 
specialized medical attention, as well as transporting patients in 
remote locations who would otherwise be unable to receive care. Yet, 
despite the importance of their mission, these organizations have been 
left out of the Volunteer Protection Act in its current form.
  This legislation addresses this mission by amending the Volunteer 
Protection Act to include organizations such as Angel Flight so they 
may continue to fulfill their mission and provide a critical service 
for needy families, seeking specialized medical attention.
  It is important to note that I have worked closely with Congressman 
Scott to ensure that this legislation does not shield pilots from 
liability in instances of criminal misconduct or gross negligence.
  Instead, this legislation provides nonprofit volunteer pilot 
organizations the security they need to grow and expand their mission 
to more parts of our country and provide a well-coordinated response in 
times of national emergencies.
  I encourage all of my colleagues to support this important bipartisan 
legislation.
  Mr. CONYERS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and pass the bill, H.R. 1871, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________