[Congressional Record Volume 162, Number 54 (Monday, April 11, 2016)]
[Senate]
[Page S1875]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3636. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3464 submitted by Mr. Thune (for himself and Mr. Nelson) 
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 are not.
       (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;
       (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 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)''; and
       (3) by inserting after subsection (a) the following:
       ``(b) Liability Protection for Pilots 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.''.
                                 ______