S.Amdt. 3493

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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