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Union Calendar No. 214 

109TH CONGRESS 

2D SESSION H. R. 1871 

[Report No. 109–394] 

To provide liability protection to nonprofit volunteer pilot organizations flying 

for public benefit and to the pilots and staff of such organizations. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2005 

Mrs. DRAKE (for herself, Mr. FORBES, Mr. CUNNINGHAM, Mr. GRAVES, Mr. 

KIRK, Ms. HART, Mr. ALEXANDER, Mr. TANNER, Mr. STEARNS, Mr. 

SESSIONS, Miss MCMORRIS, Mr. MURPHY, Mr. PRICE of Georgia, Mr. 

EHLERS, Mr. GOODLATTE, Mr. GOODE, Mr. BURTON of Indiana, Mr. 

SAM JOHNSON of Texas, Mr. BURGESS, Mr. KUHL of New York, and Mr. 

TAYLOR of Mississippi) introduced the following bill; which was referred 

to the Committee on the Judiciary 

MARCH 15, 2006 

Additional sponsors: Mr. WOLF, Mr. COX, Mr. CALVERT, Mr. FERGUSON, Mr. 

MOORE of Kansas, Mr. TIBERI, Mr. UDALL of Colorado, Mr. CHOCOLA, 

and Mr. HAYES

MARCH 15, 2006 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 27, 2005] 

A BILL 

To provide liability protection to nonprofit volunteer pilot 


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organizations flying for public benefit and to the pilots 

and staff of such organizations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Volunteer Pilot Organi5 zation Protection Act of 2006’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Scores of public benefit nonprofit volunteer 

9 pilot organizations provide valuable services to com10 munities and individuals. 

11 (2) In calendar year 2001, nonprofit volunteer 

12 pilot organizations provided long-distance, no-cost 

13 transportation for over 30,000 people in times of spe14 cial need. 

15 (3) Such organizations are no longer able to rea16 sonably purchase non-owned aircraft liability insur17 ance to provide liability protection, and thus face a 

18 highly detrimental liability risk. 

19 (4) Such organizations have supported the inter20 ests of homeland security by providing volunteer pilot 

21 services at times of national emergency. 

22 (b) PURPOSE.—The purpose of this Act is to promote 

23 the activities of nonprofit volunteer pilot organizations fly24 ing for public benefit and to sustain the availability of the 


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1 services that such organizations provide, including trans2 portation at no cost to financially needy medical patients 

3 for medical treatment, evaluation, and diagnosis, as well 

4 as other flights of compassion and flights for humanitarian 

5 and charitable purposes. 

6 SEC. 3. LIABILITY PROTECTION FOR NONPROFIT VOLUN7 TEER PILOT ORGANIZATIONS FLYING FOR 

8 PUBLIC BENEFIT AND TO PILOTS AND STAFF 

9 OF SUCH ORGANIZATIONS. 

10 Section 4 of the Volunteer Protection Act of 1997 (42 

11 U.S.C. 14503) is amended— 

12 (1) in subsection (a)(4)— 

13 (A) by redesignating subparagraphs (A) 

14 and (B) as clauses (i) and (ii), respectively; 

15 (B) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

16 (C) by striking the period at the end and 

17 inserting ‘‘; or’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(B) the harm was caused by a volunteer of a 

20 nonprofit volunteer pilot organization that flies for 

21 public benefit, while the volunteer was flying in fur22 therance of the purpose of the organization and was 

23 operating an aircraft for which the volunteer was 

24 properly licensed and insured, unless the conduct con25 stitutes a Federal crime of terrorism (as such term is 


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1 defined in section 2332b(g)(5) of title 18, United 

2 States Code) or an act of domestic terrorism (as such 

3 term is defined in section 2331 of such title), or un4 less the entity has been convicted of an offense under 

5 section 2339A of such title.’’; and 

6 (2) in subsection (c)— 

7 (A) by inserting ‘‘(1)’’ before ‘‘Nothing’’; 

8 and 

9 (B) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) Notwithstanding paragraph (1), a nonprofit vol12 unteer pilot organization that flies for public benefit, and 

13 the staff, mission coordinators, officers, and directors 

14 (whether volunteer or otherwise) of such organization or a 

15 referring agency of such organization, shall not be liable 

16 with respect to harm caused to any person by a volunteer 

17 of such organization, while the volunteer is flying in fur18 therance of the purpose of the organization and is operating 

19 an aircraft for which the volunteer is properly licensed and 

20 has certified to such organization that such volunteer has 

21 in force insurance for operating such aircraft. Such refer22 ring agency shall include, among others, any nonprofit or23 ganization that provides disaster relief services that place 

24 staff, volunteers, evacuees, goods, supplies, or cargo on airVerDate Aug 31 2005 02:55 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1871.RH H1871

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1 craft flights being coordinated by volunteer pilot organiza2 tions in circumstances of disaster response and relief.’’. 

3 SEC. 4. REPORT BY ATTORNEY GENERAL. 

4 (a) STUDY REQUIRED.—The Attorney General shall 

5 carry out a study on the availability of insurance to non6 profit volunteer pilot organizations that fly for public ben7 efit. In carrying out the study, the Attorney General shall 

8 make findings with respect to— 

9 (1) whether nonprofit volunteer pilot organiza10 tions are able to obtain insurance; 

11 (2) if no, then why; 

12 (3) if yes, then on what terms such insurance is 

13 offered; and 

14 (4) if the inability of nonprofit volunteer pilot 

15 organizations to obtain insurance has any impact on 

16 the associations’ ability to operate. 

17 (b) REPORT.—After completing the study, the Attorney 

18 General shall submit to Congress a report on the results 

19 of the study. The report shall include the findings of the 

20 study and any conclusions and recommendations that the 

21 Attorney General considers appropriate. 


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Union Calendar No. 214 

109TH CONGRESS 

2D SESSION H. R. 1871 

[Report No. 109

–394] 

A BILL 

To provide liability protection to nonprofit volunand to the pilots and staff of such organizations. teer pilot organizations flying for public benefit 

MARCH 15, 2006 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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