S.Amdt. 3746

SA 3746. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 3679 proposed by Mr. McConnell (for 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:

Strike section 3109 and insert the following:

SEC. 3109. REFUNDS FOR DELAYED BAGGAGE.

(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Transportation
shall issue final regulations to require a covered air
carrier to promptly provide a refund to a passenger, upon
request, in the amount of any applicable ancillary fees paid
by the passenger if the air carrier has charged the passenger
an ancillary fee for checked baggage and, except as provided
in subsection (b), the air carrier fails to deliver the
checked baggage to the passenger within 24 hours of the time
of arrival of the passenger at the passenger's destination.
(b) Exception.--An air carrier is not required to provide a
refund under subsection (a) with respect to checked baggage
if the air carrier is prevented from delivering checked
baggage by the time specified in subsection (a) by
extraordinary circumstances that could not have been avoided
by the air carrier even if all reasonable measures had been
taken.

Strike section 3110 and insert the following:

SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE NOT HONORED BY A
COVERED AIR CARRIER.

(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Transportation
shall promulgate regulations that require each covered air
carrier to promptly provide a refund to a passenger, upon
request, of any ancillary fees paid by the passenger for a
service, as defined and disclosed by the air carrier, that,
except as provided in subsection (b), the passenger does not
receive, including on the passenger's scheduled flight or, if
the flight is rescheduled, a subsequent replacement
itinerary.
(b) Exceptions.--
(1) Voluntary changes in itinerary.--Subsection (a) shall
not apply if a passenger does not receive a service described
in that subsection because the passenger voluntarily chose to
make changes to the passenger's flight itinerary.
(2) Extraordinary circumstanes.--An air carrier is not
required to provide a refund under subsection (a) with
respect to a fee for a service if the carrier is prevented
from provide the service by extraordinary circumstances that
could not have been avoided by the air carrier even if all
reasonable measures had been taken.

Strike section 5023 and insert the following:

SEC. 5023. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF
INTERNATIONAL AIR CARRIER ALLIANCES.

(a) In General.--The Comptroller General of the United
States shall conduct a study of certain cooperative
agreements between United States air carriers and non-United
States air carriers (referred to in this section as
``alliances'') that--
(1) have been created pursuant to section 41309 of title
49, United States Code; and
(2) have been exempted from antitrust laws (as defined in
the first section of the Clayton Act ( 15 U.S.C. 12))
pursuant to section 41308 of title 49, United States Code.
(b) Scope.--In conducting the study under subsection (a),
the Comptroller General shall assess--
(1) the public benefits to consumers of alliances and the
consequences of alliances, if any, to competition, pricing,
and new entry into markets served by alliances;
(2) the representations made by air carriers to the
Secretary of Transportation for the necessity of an antitrust
exemption;
(3) the Department of Transportation's expectations of
public benefits resulting from alliances, including whether
such expected benefits were actually achieved;
(4) the Department of Transportation's role in the approval
and monitoring of alliances;
(5) whether there has been sufficient transparency in the
approval of alliances, including opportunities for public
review and feedback;
(6) the role of the Department of Justice in the oversight
of alliances;
(7) whether there are alternatives to antitrust immunity
that could be conferred that would also produce public
benefits; and
(8) the level of competition between alliances.
(c) Recommendations.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall submit to Congress the results of the study conducted
under subsection (a).
At the end of title V, add the following:

SEC. 5037. 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.

[[Page S2047]]

(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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