[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
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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.
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