I 

109TH CONGRESS 

1ST SESSION H. R. 1871 

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 

A BILL 

To provide liability protection to nonprofit volunteer pilot 

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 Orga5 nization Protection Act of 2005’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

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


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1 (1) Scores of public benefit nonprofit volunteer 

2 pilot organizations provide valuable services to com3 munities and individuals. 

4 (2) In calendar year 2001, nonprofit volunteer 

5 pilot organizations provided long-distance, no-cost 

6 transportation for over 30,000 people in times of 

7 special need. 

8 (3) Such organizations are no longer able to 

9 reasonably purchase non-owned aircraft liability in10 surance to provide liability protection, and thus face 

11 a highly detrimental liability risk. 

12 (4) Such organizations have supported the in13 terests of homeland security by providing volunteer 

14 pilot services at times of national emergency. 

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

16 the activities of nonprofit volunteer pilot organizations fly17 ing for public benefit and to sustain the availability of the 

18 services that such organizations provide, including trans19 portation at no cost to financially needy medical patients 

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

21 as other flights of compassion and flights for humani22 tarian and charitable purposes. 


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1 SEC. 3. LIABILITY PROTECTION FOR NONPROFIT VOLUN2 TEER PILOT ORGANIZATIONS FLYING FOR 

3 PUBLIC BENEFIT AND TO PILOTS AND STAFF 

4 OF SUCH ORGANIZATIONS. 

5 Section 4 of the Volunteer Protection Act of 1997 

6 (42 U.S.C. 14503) is amended— 

7 (1) in subsection (a)(4)— 

8 (A) by redesignating subparagraphs (A) 

9 and (B) as (i) and (ii), respectively; 

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

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

12 inserting ‘‘; or’’ and 

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

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

15 nonprofit volunteer pilot organization that flies for 

16 public benefit, while the volunteer was flying in fur17 therance of the purpose of the organization and was 

18 operating an aircraft for which the volunteer was 

19 properly licensed and insured.’’; and 

20 (2) in subsection (c)— 

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

22 and 

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

24 paragraph: 

25 ‘‘(2) Notwithstanding paragraph (1), a nonprofit vol26 unteer pilot organization that flies for public benefit, and 


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1 the staff, mission coordinators, officers, and directors 

2 (whether volunteer or otherwise) of such organization or 

3 a referring agency of such organization, shall not be liable 

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

5 of such organization, while the volunteer is flying in fur6 therance of the purpose of the organization and is oper7 ating an aircraft for which the volunteer is properly li8 censed and has certified to such organization that such 

9 volunteer has in force insurance for operating such air10 craft.’’. 

11 SEC. 4. REPORT BY ATTORNEY GENERAL. 

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

13 carry out a study on the availability of insurance to non14 profit volunteer pilot organizations that fly for public ben15 efit. In carrying out the study, the Attorney General shall 

16 make findings with respect to— 

17 (1) whether nonprofit volunteer pilot organiza18 tions are able to obtain insurance; 

19 (2) if no, then why; 

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

21 is offered; and 

22 (4) if the inability of nonprofit volunteer pilot 

23 organizations to obtain insurance has any impact on 

24 the associations’ ability to operate. 


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1 (b) REPORT.—After completing the study, the Attor2 ney General shall submit to Congress a report on the re3 sults of the study. The report shall include the findings 

4 of the study and any conclusions and recommendations 

5 that the Attorney General considers appropriate. 

Æ 


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