[Congressional Record Volume 164, Number 163 (Tuesday, October 2, 2018)]
[Senate]
[Page S6452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4037. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 302, to provide protections for certain sports 
medicine professionals who provide certain medical services in a 
secondary State; which was ordered to lie on the table; as follows:

       At the end of title V of division B, add the following:

     SEC. 585. AVIATION EMPOWERMENT ACT.

       (a) Definitions.--Section 40102(a) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(48) `common carrier' means a service provided by a 
     person that meets the following elements:
       ``(A) holding out of a willingness to;
       ``(B) transport persons or property;
       ``(C) from place to place;
       ``(D) for compensation; and
       ``(E) without refusal unless authorized by law.

     In applying subparagraph (D), the term `compensation' 
     requires the intent to pursue monetary profit but does not 
     include flights in which the pilot and passengers share 
     aircraft operating expenses or the pilot receives any 
     benefit.
       ``(49) `personal operator' means a person providing air 
     transportation of persons or property for compensation or 
     hire in aircraft that have eight or fewer seats, provided 
     that the person holds a private pilot certificate pursuant to 
     subpart E of section 61 of title 14, Code of Federal 
     Regulations (or any successor regulation). A personal 
     operator or a flight operated by a personal operator does not 
     constitute a common carrier, as defined in paragraph (48), a 
     commercial operation requiring a certificate under part 119 
     or 135 of title 14, Code of Federal Regulations (or any 
     successor regulation), or a commercial operator, as defined 
     in section 1.1 of title 14, Code of Federal Regulations (or 
     any successor regulation).''.
       (b) Regulations.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue or revise regulations to comply with the amendments 
     made by subsection (a) and to ensure the following:
       (1) That a person who holds a pilot certificate may 
     communicate with the public, in any manner the person 
     determines appropriate, to facilitate an aircraft flight for 
     which the pilot and passengers share aircraft operating 
     expenses in accordance with section 61.113(c) of title 14, 
     Code of Federal Regulations (or any successor regulation) and 
     that such flight-sharing operations under section 61.113(c) 
     of title 14, Code of Federal Regulations (or any successor 
     regulation) shall not be deemed a common carrier, as defined 
     in paragraph (48) of section 40102(a) of title 49, United 
     States Code, or a commercial operation requiring a 
     certificate under part 119 or 135 of title 14, Code of 
     Federal Regulations (or any successor regulation).
       (2) That a personal operator, as defined in paragraph (49) 
     of section 40102(a) of title 49, United States Code, 
     operating under part 91 of title 14 Code of Federal 
     Regulations (or any successor regulation) shall not be 
     subject to the requirements set forth in part 121, 125, or 
     135 of title 14, Code of Federal Regulations (or any 
     successor regulation).
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