[Congressional Record Volume 162, Number 52 (Wednesday, April 6, 2016)]
[Senate]
[Page S1762]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3493. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5032. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY 
                   FOR THE PUBLIC BENEFIT.

       (a) Findings and Purposes.--
       (1) Findings.--Congress finds the following:
       (A) Many volunteer pilots fly for the public benefit for 
     nonprofit organizations and provide valuable services to 
     communities and individuals in need.
       (B) In each calendar year volunteer pilots and the 
     nonprofit organizations those pilots fly for provide long-
     distance, no-cost transportation for tens of thousands of 
     people during times of special need. Flights provide patient 
     and medical transport, disaster relief, and humanitarian 
     assistance, and conduct other charitable missions that 
     benefit the public.
       (C) Such nonprofit organizations have supported the 
     homeland security of the United States by providing volunteer 
     pilot services during and following disasters and during 
     other times of national emergency.
       (D) Most other kinds of volunteers are protected from 
     liability by the Volunteer Protection Act of 1997 (42 U.S.C. 
     14501 et seq.), but volunteer pilots and the nonprofit 
     organizations those pilots fly for are not.
       (E) Such nonprofit organizations are not able to purchase 
     liability insurance for aircraft they do not own to provide 
     liability protection at a reasonable cost, and therefore face 
     a highly detrimental liability risk.
       (2) Purposes.--The purposes of this section are, by 
     amending the Volunteer Protection Act of 1997--
       (A) to extend the protection of that Act to volunteer 
     pilots and the nonprofit organizations those pilots fly for;
       (B) to promote the activities of volunteer pilots and the 
     nonprofit organizations those pilots fly for in providing 
     flights for the public benefit; and
       (C) to sustain and enhance the availability of the services 
     that such pilots and nonprofit organizations provide, 
     including--
       (i) transportation at no cost to financially needy medical 
     patients for medical treatment, evaluation, and diagnosis;
       (ii) flights for humanitarian and charitable purposes; and
       (iii) other flights of compassion.
       (b) Liability Protection for Pilots and Staff of Nonprofit 
     Organizations That Fly for Public Benefit.--Section 4 of the 
     Volunteer Protection Act of 1997 (42 U.S.C. 14503) is 
     amended--
       (1) by redesignating subsections (b) through (f) as 
     subsections (c) through (g), respectively; and
       (2) in subsection (a), by striking ``subsections (b) and 
     (d)'' and inserting ``subsections (b), (c), and (e)'';
       (3) by inserting after subsection (a) the following:
       ``(b) Liability Protection for Pilots and Staff of 
     Nonprofit Organizations That Fly for Public Benefit.--Except 
     as provided in subsections (c) and (e), no volunteer of a 
     volunteer pilot nonprofit organization that arranges flights 
     for public benefit shall be liable for harm caused by an act 
     or omission of the volunteer on behalf of the organization 
     if, at the time of the act or omission, the volunteer--
       ``(1) was operating an aircraft in furtherance of the 
     purpose of, and acting within the scope of the volunteer's 
     responsibilities on behalf of, the nonprofit organization;
       ``(2) was properly licensed and insured for the operation 
     of the aircraft;
       ``(3) was in compliance with all requirements of the 
     Federal Aviation Administration for recent flight experience; 
     and
       ``(4) did not cause the harm through willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the volunteer.''.
       (4) in subsection (d), as redesignated by paragraph (1)--
       (A) by striking ``Nothing in this section'' and inserting 
     the following:
       ``(1) In general.--Except as provided in paragraph (2), 
     nothing in this section''; and
       (B) by adding at the end the following:
       ``(2) Exception.--A volunteer pilot nonprofit organization 
     that arranges flights for public benefit, the staff, mission 
     coordinators, officers, and directors (whether volunteer or 
     otherwise) of that nonprofit organization, and a referring 
     agency of that nonprofit organization, shall not be liable 
     for harm caused to any person by an act or omission of a 
     volunteer on behalf of the organization if, at the time of 
     the act or omission, the volunteer --
       ``(A) is operating an aircraft in furtherance of the 
     purpose of, and acting within the scope of the volunteer's 
     responsibilities on behalf of, the nonprofit organization;
       ``(B) is properly licensed for the operation of the 
     aircraft; and
       ``(C) has certified to the nonprofit organization that the 
     volunteer--
       ``(i) has insurance covering the volunteer's operation of 
     the aircraft; and
       ``(ii) is in compliance with all requirements of the 
     Federal Aviation Administration for recent flight 
     experience.''.
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