S.Amdt. 3636

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.''.
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