[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1084 Placed on Calendar Senate (PCS)]
Calendar No. 747
108th CONGRESS
2d Session
H. R. 1084
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2004
Received
September 28, 2004
Read the first time
September 29, 2004
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To provide liability protection to nonprofit volunteer pilot
organizations flying for public benefit and to the pilots and staff of
such organizations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Pilot Organization
Protection Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Scores of public benefit nonprofit volunteer pilot
organizations provide valuable services to communities and
individuals.
(2) In calendar year 2001, nonprofit volunteer pilot
organizations provided long-distance, no-cost transportation
for over 30,000 people in times of special need.
(3) Such organizations are no longer able to reasonably
purchase non-owned aircraft liability insurance to provide
liability protection, and thus face a highly detrimental
liability risk.
(4) Such organizations have supported the interests of
homeland security by providing volunteer pilot services at
times of national emergency.
(b) Purpose.--The purpose of this Act is to promote the activities
of nonprofit volunteer pilot organizations flying for public benefit
and to sustain the availability of the services that such organizations
provide, including transportation at no cost to financially needy
medical patients for medical treatment, evaluation, and diagnosis, as
well as other flights of compassion and flights for humanitarian and
charitable purposes.
SEC. 3. LIABILITY PROTECTION FOR NONPROFIT VOLUNTEER PILOT
ORGANIZATIONS FLYING FOR PUBLIC BENEFIT AND TO PILOTS AND
STAFF OF SUCH ORGANIZATIONS.
Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503)
is amended--
(1) in subsection (a)(4)--
(A) by redesignating subparagraphs (A) and (B) as
(i) and (ii), respectively;
(B) by inserting ``(A)'' after ``(4)'';
(C) by striking the period at the end and inserting
``; or'' and
(D) by adding at the end the following:
``(B) the harm was caused by a volunteer of a nonprofit
volunteer pilot organization that flies for public benefit,
while the volunteer was flying in furtherance of the purpose of
the organization and was operating an aircraft for which the
volunteer was properly licensed and insured.''; and
(2) in subsection (c)--
(A) by inserting ``(1)'' before ``Nothing''; and
(B) by adding at the end the following new
paragraph:
``(2) Notwithstanding paragraph (1), a nonprofit volunteer pilot
organization that flies for public benefit, and the staff, mission
coordinators, officers, and directors (whether volunteer or otherwise)
of such organization or a referring agency of such organization, shall
not be liable with respect to harm caused to any person by a volunteer
of such organization, while the volunteer is flying in furtherance of
the purpose of the organization and is operating an aircraft for which
the volunteer is properly licensed and has certified to such
organization that such volunteer has in force insurance for operating
such aircraft.''.
SEC. 4. REPORT BY ATTORNEY GENERAL.
(a) Study Required.--The Attorney General shall carry out a study
on the availability of insurance to nonprofit volunteer pilot
organizations that fly for public benefit. In carrying out the study,
the Attorney General shall make findings with respect to--
(1) whether nonprofit volunteer pilot organizations are
able to obtain insurance;
(2) if no, then why;
(3) if yes, then on what terms such insurance is offered;
and
(4) if the inability of nonprofit volunteer pilot
organizations to obtain insurance has any impact on the
associations' ability to operate.
(b) Report.--After completing the study, the Attorney General shall
submit to Congress a report on the results of the study. The report
shall include the findings of the study and any conclusions and
recommendations that the Attorney General considers appropriate.
Passed the House of Representatives September 14, 2004.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 747
108th CONGRESS
2d Session
H. R. 1084
_______________________________________________________________________
AN ACT
To provide liability protection to nonprofit volunteer pilot
organizations flying for public benefit and to the pilots and staff of
such organizations.
_______________________________________________________________________
September 29, 2004
Read the second time and placed on the calendar