[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5662-S5663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2260. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner,

[[Page S5663]]

and Mr. Romney)) to the bill H.R. 3684, to authorize funds for Federal-
aid highways, highway safety programs, and transit programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.   . (a) Flight Sharing Freedom.--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.''.
       (b) Regulations.--Not later than 60 days after the date of 
     enactment of this section, the Secretary of Transportation 
     shall issue or revise regulations to comply with this section 
     and to ensure 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).
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