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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1871 Referred in Senate (RFS)]

109th CONGRESS
  2d Session
                                H. R. 1871

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2006

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 2006''.

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 
                clauses (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, unless the conduct 
        constitutes a Federal crime of terrorism (as such term is 
        defined in section 2332b(g)(5) of title 18, United States Code) 
        or an act of domestic terrorism (as such term is defined in 
        section 2331 of such title), or unless the entity has been 
        convicted of an offense under section 2339A of such title.'';
            (2) in subsection (b)--
                    (A) by amending the heading to read as follows: 
                ``Concerning Responsibility of Volunteers'';
                    (B) by inserting ``(1)'' before ``Nothing''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Nothing in this section shall be construed to affect 
        the liability for negligence of a volunteer of a nonprofit 
        volunteer pilot organization that flies for public benefit with 
        respect to amounts within the limits of liability insurance 
        coverage that such volunteer is required to obtain pursuant to 
        subsection (a)(4)(B) for liability protection under this 
        section.''; and
            (3) 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. Such referring agency shall include, among others, any 
nonprofit organization that provides disaster relief services that 
place staff, volunteers, evacuees, goods, supplies, or cargo on 
aircraft flights being coordinated by volunteer pilot organizations in 
circumstances of disaster response and relief.''.

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 July 17, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```