SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Volunteer Pilot Orga-
nization 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 com-
munities 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 in-
surance to provide liability protection, and thus face
a highly detrimental liability risk.
(4) Such organizations have supported the in-
terests 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 fly-
ing for public benefit and to sustain the availability of the
services that such organizations provide, including trans-
portation at no cost to financially needy medical patients
for medical treatment, evaluation, and diagnosis, as well
as other flights of compassion and flights for humani-
tarian and charitable purposes.
SEC. 3. LIABILITY PROTECTION FOR NONPROFIT VOLUN-
TEER 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 fur-
therance 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 vol-
unteer 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 fur-
therance of the purpose of the organization and is oper-
ating an aircraft for which the volunteer is properly li-
censed and has certified to such organization that such
volunteer has in force insurance for operating such air-
craft.’’.
SEC. 4. REPORT BY ATTORNEY GENERAL.
(a) STUDY REQUIRED.—The Attorney General shall
carry out a study on the availability of insurance to non-
profit volunteer pilot organizations that fly for public ben-
efit. In carrying out the study, the Attorney General shall
make findings with respect to—
(1) whether nonprofit volunteer pilot organiza-
tions 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 Attor-
ney General shall submit to Congress a report on the re-
sults 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:
Clerk.