S.Amdt. 2260

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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