[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1062 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 1062
To amend the Pilot's Bill of Rights to facilitate appeals and to apply
to other certificates issued by the Federal Aviation Administration, to
require the revision of the third class medical certification
regulations issued by the Federal Aviation Administration, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2015
Mr. Graves of Missouri (for himself, Mr. Lipinski, Mr. Peterson, and
Mr. Rokita) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Pilot's Bill of Rights to facilitate appeals and to apply
to other certificates issued by the Federal Aviation Administration, to
require the revision of the third class medical certification
regulations issued by the Federal Aviation Administration, and for
other purposes.
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 ``Pilot's Bill of Rights 2''.
SEC. 2. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT PILOTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue or revise medical certification regulations
to ensure that an individual may operate as pilot in command of a
covered aircraft without regard to any medical certification or proof
of health requirement otherwise applicable under Federal law if--
(1) the individual possesses a valid State driver's license
and complies with any medical requirement associated with that
license;
(2) the individual is transporting not more than 5
passengers;
(3) the individual is operating under visual flight rules
or instrument flight rules; and
(4) the relevant flight, including each portion thereof, is
not carried out--
(A) for compensation, including that no passenger
or property on the flight is being carried for
compensation;
(B) at an altitude that is more than 14,000 feet
above mean sea level;
(C) outside the United States, unless authorized by
the country in which the flight is conducted; or
(D) at an indicated air speed exceeding 250 knots.
(b) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means an aircraft that--
(1) is not authorized under Federal law to carry more than
6 occupants; and
(2) has a maximum certificated takeoff weight of not more
than 6,000 pounds.
(c) Report Required.--Not later than 5 years after the date of the
enactment of this Act, the Administrator shall submit to Congress a
report that describes the effect of the regulations issued or revised
under subsection (a) and includes statistics with respect to changes in
small aircraft activity and safety incidents.
(d) Prohibition on Enforcement Actions.--On and after the date that
is 180 days after the date of the enactment of this Act, the
Administrator may not take an enforcement action for not holding a
valid third-class medical certificate against a pilot of a covered
aircraft for a flight if the pilot and the flight meet the applicable
requirements under paragraphs (1) through (4) of subsection (a) unless
the Administrator has published final regulations in the Federal
Register under subsection (a).
SEC. 3. EXPANSION OF PILOT'S BILL OF RIGHTS.
(a) Appeals Not Subject to Exhaustion of Administrative Remedies.--
(1) In general.--Section 2(d)(1) of the Pilot's Bill of
Rights (Public Law 112-153; 126 Stat. 1159; 49 U.S.C. 44703
note) is amended to read as follows:
``(1) In general.--Upon a decision by the Administrator
denying a covered certificate, or imposing a punitive civil
action or an order of revocation under section 44709 of title
49, United States Code, a person substantially affected by the
decision may, at the person's election, file an appeal with the
National Transportation Safety Board or, without further
administrative review, in the United States district court in
which the person resides or in which the action in question
occurred, or in the United States District Court for the
District of Columbia.''.
(2) Conforming amendment.--Section 2(d)(2) of such Act is
amended by striking ``Federal district court'' and inserting
``United States district court''.
(b) De Novo Review by District Court; Burden of Proof.--Section
2(e) of such Act is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--In an appeal filed under subsection (d)
in a United States district court with respect to a denial,
suspension, or revocation of a covered certificate by the
Administrator--
``(A) the district court shall review the denial,
suspension, or revocation de novo, including by--
``(i) conducting a full independent review
of the complete administrative record of the
denial, suspension, or revocation;
``(ii) permitting additional discovery and
the taking of additional evidence; and
``(iii) making the findings of fact and
conclusions of law required by Rule 52 of the
Federal Rules of Civil Procedure without being
bound to any facts found by the Administrator
or the National Transportation Safety Board;
and
``(B) the Administrator shall bear the burden of
proof.''; and
(2) by adding at the end the following:
``(3) Applicability of administrative procedure act.--
Notwithstanding paragraph (1)(A) or subsection (a)(1) of
section 554 of title 5, United States Code, that section
applies to adjudications of the Administrator and the National
Transportation Safety Board to the same extent as that section
applied to such adjudications before the date of the enactment
of the Pilot's Bill of Rights 2.''.
(c) Expansion to All Certificates Issued by Federal Aviation
Administration.--
(1) In general.--Section 2 of such Act is amended--
(A) in subsection (a)--
(i) by striking ``subpart C, D, or F of'';
and
(ii) by striking ``an airman certificate''
and inserting ``a covered certificate''; and
(B) in subsection (b)(1), by striking ``an airman
certificate under chapter 447 of title 49, United
States Code'' and inserting ``a covered certificate''.
(2) Covered certificate defined.--Section 2 of such Act is
amended by adding at the end the following:
``(k) Covered Certificate Defined.--In this section, the term
`covered certificate' means an airman certificate, design organization
certificate, holder of type certificate, production certificate,
airworthiness certificate, air carrier operating certificate, airport
operating certificate, air agency certificate, air navigation facility
certificate, medical certificate, or any other authorization issued by
the Administrator under chapter 447 of title 49, United States Code.''.
(3) Conforming amendments.--Section 2 of such Act, as
amended by this subsection, is further amended--
(A) in subsection (b)(4)(C)--
(i) in clause (i), by striking ``Any
individual'' and inserting ``Any person'';
(ii) in clauses (ii) and (iii), in the
clause headings, by striking ``individual'' and
inserting ``person''; and
(iii) in clause (iii)(II), by striking
``the requesting individual'' and inserting
``the requesting person'';
(B) by striking ``the individual's'' each place it
appears and inserting ``the person's'';
(C) by striking ``the individual'' each place it
appears and inserting ``the person''; and
(D) by striking ``an individual'' each place it
appears and inserting ``a person''.
(d) Notification of Investigation.--Section 2 of such Act is
further amended--
(1) by striking subsection (c);
(2) by redesignating paragraph (5) of subsection (b) as
subsection (c), and by moving such subsection, as so
redesignated, two ems to the left;
(3) in subsection (b)--
(A) in paragraph (2)(A), by inserting ``and the
specific incident or incidents on which the
investigation is based'' after ``nature of the
investigation'';
(B) in paragraph (3), by striking ``timely'';
(C) by redesignating paragraph (4) as paragraph
(5); and
(D) by inserting after paragraph (3) the following:
``(4) Failure to provide information.--If the Administrator
does not provide a person with the notification required by
paragraph (1) with respect to an investigation relating to the
approval, denial, suspension, modification, or revocation of a
covered certificate, including all of the information required
under paragraph (2), the Administrator may not--
``(A) retain records of the investigation;
``(B) deny, suspend, or revoke the covered
certificate;
``(C) seek a civil penalty or other punitive action
against the person; or
``(D) in any way take action, including issuance of
a warning letter or letter of correction or any other
administrative action, with regard to the matter that
was the subject of the investigation.''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``section 44709(c)(2)'' and inserting ``section
44709(e)(2)''.
(e) Release of Investigative Reports.--Section 2 of such Act is
amended by inserting after subsection (e) the following:
``(f) Release of Investigative Reports.--
``(1) In general.--
``(A) Emergency orders.--In any proceeding
conducted under part 821 of title 49, Code of Federal
Regulations, relating to denial, amendment,
modification, suspension, or revocation of a covered
certificate, in which the Administrator issues an
emergency order of revocation under subsections (d) and
(e) of section 44709 of title 49, United States Code,
an emergency order under section 46105(c) of such
title, or another order that takes effect immediately,
the Administrator shall provide to the person holding
the covered certificate the releasable portion of the
investigative report before issuing the order.
``(B) Other orders.--In any proceeding conducted
under part 821 of title 49, Code of Federal
Regulations, relating to denial, amendment,
modification, suspension, or revocation of a covered
certificate, in which the Administrator notifies the
holder of the covered certificate of a proposed action
under subsections (b) and (c) of section 44709 of title
49, United States Code, the Administrator shall, upon
request of the holder of the covered certificate and at
any time after that notification, provide to the holder
of the covered certificate the releasable portion of
the investigative report.
``(2) Motion for dismissal.--If the Administrator does not
provide the investigative report to the person holding the
covered certificate subject to the proceeding referred to in
paragraph (1) by the time required by that paragraph, the
person may move to dismiss the complaint of the Administrator
or for other relief and, unless the Administrator establishes
good cause for the failure to provide the investigative report,
the administrative law judge shall order such relief as the
judge considers appropriate.
``(3) Releasable portion of report.--For purposes of
paragraph (1), the releasable portion of an investigative
report is all information in the report, except for the
following:
``(A) Information that is privileged.
``(B) Information that constitutes work product or
reflects internal deliberative process.
``(C) Information that would disclose the identity
of a confidential source.
``(D) Information the disclosure of which is
prohibited by any other provision of law.
``(E) Information that is not relevant to the
subject matter of the proceeding.
``(F) Information the Administrator can demonstrate
is withheld for good cause.
``(G) Sensitive security information, as defined in
section 15.5 of title 49, Code of Federal Regulations
(or any corresponding similar ruling or regulation).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent the Administrator from releasing
to a person subject to an investigation described in subsection
(b)(1)--
``(A) information in addition to the information
included in the releasable portion of the investigative
report; or
``(B) a copy of the investigative report before the
Administrator issues a complaint.''.
(f) Limitation on Document Requests.--Section 2 of such Act, as
amended by subsection (e), is further amended by inserting after
subsection (f) the following:
``(g) Limitation on Document Requests.--In any case in which the
Administrator initiates an investigation described in subsection (b)(1)
with respect to a person, the Administrator and the investigating
officials may request documents from the person only if the request is
limited and narrowly tailored to issues in the investigation.''.
(g) Response to Requests by Repair Stations To Settle or
Withdraw.--Section 2 of such Act, as amended by subsections (e) and
(f), is further amended by inserting after subsection (g) the
following:
``(h) Response to Requests by Repair Stations To Settle or
Withdraw.--The Administrator shall respond to a written request by a
repair station holding a certificate under part 145, Code of Federal
Regulations, that is subject to an investigation described in
subsection (b)(1) to withdraw from or settle a proceeding relating to
the investigation not later than 30 calendar days after receiving the
request.''.
(h) Limitation on Retention of Records.--Section 2 of such Act, as
amended by subsections (e), (f), and (g), is further amended by
inserting after subsection (h) the following:
``(i) Limitation on Retention of Records.--The Administrator shall
expunge the record of any investigation described in subsection (b)(1)
with respect to a covered certificate that does not lead to the denial,
suspension, modification, or revocation of the certificate not later
than 90 days after the Administrator determines not to deny, suspend,
modify, or revoke the certificate.
``(j) Prohibition on Publicizing Pending Enforcement Actions.--The
Administrator may not indicate in the publicly accessible records of a
person holding a covered certificate who is the subject of an
investigation described in subsection (b)(1) any information that is
different from information in such records of an airman who is not
under such an investigation.''.
SEC. 4. LIMITATIONS ON REEXAMINATION OF CERTIFICATE HOLDERS.
(a) In General.--Section 44709 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``and
Reexamination'';
(B) by striking ``The Administrator'' and inserting
the following:
``(1) In general.--The Administrator'';
(C) by striking ``, or reexamine an airman holding
a certificate issued under section 44703 of this
title''; and
(D) by adding at the end the following:
``(2) Reexamination of airmen certificates.--
``(A) In general.--The Administrator may reexamine
an airman holding a certificate issued under section
44703 of this title only if the Administrator has
reasonable grounds--
``(i) to question the airman's lack of
competence based on acts or omissions committed
while the airman was exercising the privileges
of the certificate; or
``(ii) to believe the airman obtained the
certificate through fraudulent means.
``(B) Notification requirements.--Before taking any
action to reexamine an airman holding a certificate
issued under section 44703 of this title, the
Administrator shall provide to the airman--
``(i) the specific justification for the
reexamination; and
``(ii) any releasable information gathered
by the Federal Aviation Administration that
form the basis for that justification.''.
(b) Modification, Suspension, or Revocation of Airmen Certificates
After Reexamination.--Section 44709(b) of such title is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), and by moving such clauses, as so redesignated,
two ems to the right;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), and by moving such subparagraphs, as
so redesignated, two ems to the right;
(3) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Administrator''; and
(4) by adding at the end the following:
``(2) Modification, suspension, or revocation of airmen
certificates after reexamination.--The Administrator may not
amend, modify, suspend, or revoke an airman certificate issued
under section 44703 of this title after a reexamination of the
airman holding the certificate unless the Administrator
demonstrates by a preponderance of the evidence that the
airman--
``(A) lacks the skills and competency, or care,
judgment, and responsibility, necessary to hold the
certificate; or
``(B) materially contributed to the issuance of the
certificate by fraudulent means.''.
(c) Appeals.--Section 44709(f) of such title is amended--
(1) by striking ``A person'' and inserting the following:
``(1) In general.--A person''; and
(2) by adding at the end the following:
``(2) Appeals relating to reexamination of airmen
certificates.--If the Administrator amends, modifies, suspends,
or revokes an airman certificate after reexamination of the
airman holding the certificate in violation of subsection
(a)(2), the airman may elect to file an appeal in the United
States district court in which the airman resides or in which
the action in question occurred, or in the United States
District Court for the District of Columbia, instead of filing
an appeal with the Board under subsection (d).''.
(d) Conforming Amendments.--Section 44709(d)(1) of such title is
amended--
(1) in subparagraph (A), by striking ``subsection
(b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
(2) in subparagraph (B), by striking ``subsection
(b)(1)(B)'' and inserting ``subsection (b)(1)(A)(ii)''.
SEC. 5. EXPEDITING UPDATES TO NOTAM PROGRAM.
(a) In General.--The Administrator of the Federal Aviation
Administration may not take any enforcement action, on or after the
date that is 180 days after the date of the enactment of this Act,
against any individual for a violation of a NOTAM (as defined in
section 3 of the Pilot's Bill of Rights (49 U.S.C. 44701 note)) until
the Administrator certifies that the Administrator has complied with
the requirements of section 3 of the Pilot's Bill of Rights, as amended
by this section, to--
(1) the Committee on Appropriations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Appropriations and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(b) Amendments.--Section 3 of the Pilot's Bill of Rights (Public
Law 112-153; 126 Stat. 1162; 49 U.S.C. 44701 note) is amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``this Act'' and inserting
``the Pilot's Bill of Rights 2''; and
(ii) by striking ``begin'' and inserting
``complete the implementation of'';
(B) by amending subparagraph (B) to read as
follows:
``(B) to establish a repository, in a public
central location, to maintain and archive all NOTAMs,
including the original content and form of the notices,
the original date of publication, and any amendments to
such notices with the date of each amendment, in a
manner that is Internet-accessible, machine-readable,
and searchable;'';
(C) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following:
``(D) to establish a rating system to prioritize
each NOTAM by the urgency and importance of the NOTAM;
and
``(E) to specify the times during which temporary
flight restrictions are in effect and the duration of a
designation of special use airspace in a specific
area.''; and
(2) by amending subsection (d) to read as follows:
``(d) Designation of Repository as Sole Source for NOTAMs.--
``(1) In general.--The Administrator--
``(A) shall consider the repository for NOTAMs
established under subsection (a)(2)(B) to be the sole
location for airmen to check for NOTAMs; and
``(B) may not consider a NOTAM to be announced and
published until the NOTAM is included in the
repository.
``(2) Prohibition on taking action for violations of notams
not in repository.--
``(A) In general.--Except as provided in
subparagraph (A), on and after the date on which the
repository established under subsection (a)(2)(B) is
final and published, the Administrator may not take any
enforcement action against an airman for a violation of
a NOTAM during a flight if that NOTAM is not available
through the repository before the commencement of the
flight and reasonably accessible and identifiable to
the airman.
``(B) Exception for national security.--
Subparagraph (A) shall not apply in the case of an
enforcement action for a violation of a NOTAM that
directly relates to national security.''.
SEC. 6. ACCESSIBILITY OF CERTAIN FLIGHT DATA.
(a) In General.--Subchapter I of chapter 471 of title 49, United
States Code, is amended by inserting after section 47124 the following:
``Sec. 47124a. Accessibility of certain flight data
``(a) Definitions.--In this section:
``(1) Contract tower.--The term `contract tower' means an
air traffic control tower providing air traffic control
services pursuant to a contract with the Federal Aviation
Administration under the Contract Tower Program under section
47124(b)(3).
``(2) Covered flight record.--The term `covered flight
record' means any flight data, including air traffic data (as
defined in section 2(b)(4)(B) of the Pilot's Bill of Rights (49
U.S.C. 44703 note)), created, maintained, or controlled by any
program of the Federal Aviation Administration, whether carried
out by employees or contractors of the Federal Aviation
Administration, including contract towers, flight service
stations, and controller training programs.
``(b) Provision of Covered Flight Data to Federal Aviation
Administration.--
``(1) Request from federal aviation administration.--When
the Federal Aviation Administration receives a request,
pursuant to section 552 of title 5, United States Code, for a
covered flight record that is not in the possession of the
Federal Aviation Administration, the Administrator of the
Federal Aviation Administration shall request the record from
the contract tower or other contractor of the Federal Aviation
Administration that possesses the record.
``(2) Provision of records to federal aviation
administration.--Any covered flight record created, maintained,
or controlled by a contract tower or another contractor of the
Federal Aviation Administration that maintains covered flight
records shall be provided to the Federal Aviation
Administration if the Federal Aviation Administration requests
the record pursuant to paragraph (1).
``(c) Applicability of FOIA.--After the Federal Aviation
Administration receives a covered flight record under subsection (b),
that record shall be--
``(1) considered an agency record of the Federal Aviation
Administration for purposes of section 552(f)(2) of title 5,
United States Code; and
``(2) subject to section 552 of title 5, United States Code
(commonly known as the `Freedom of Information Act'), to the
same extent as if the record was created, maintained, and
controlled by the Federal Aviation Administration.
``(d) Withholding of Information.--The Administrator of the Federal
Aviation Administration may withhold information that would otherwise
be required to be made available under this section only if--
``(1) the Administrator determines, based on information in
the possession of the Administrator, that the Administrator may
withhold the information in accordance with section 552(b) of
title 5, United States Code; or
``(2) the information is voluntarily provided safety- or
security-related information covered by section 40123.
``(e) Format of Records.--Each contract tower or other contractor
of the Federal Aviation Administration that maintains covered flight
records shall maintain records relating to covered flight records in
formats that are readily reproducible and reasonably searchable by the
Federal Aviation Administration.
``(f) Regulations.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Pilot's Bill of Rights 2, the
Administrator shall promulgate regulations or guidance to
ensure compliance with this section by the Federal Aviation
Administration, contract towers, and other contractors of the
Federal Aviation Administration that maintain covered flight
records.
``(2) Compliance by applicable entities.--
``(A) In general.--Compliance with this section by
a contract tower or other contractor of the Federal
Aviation Administration that maintains covered flight
records shall be included as a material term in any
contract between the Federal Aviation Administration
and the contract tower or contractor entered into or
renewed on or after the date of the enactment of the
Pilot's Bill of Rights 2.
``(B) Modification of contract or agreement.--Not
later than one year after the date of the enactment of
the Pilot's Bill of Rights 2, the Administrator shall
secure a modification to include compliance with this
section by each contract tower and other contractor of
the Federal Aviation Administration that maintains
covered flight records as a material term in any
contract between the Federal Aviation Administration
and the contract tower or contractor that will not
otherwise be renegotiated, renewed, or modified before
the date that is one year after such date of
enactment.''.
(b) Clerical Amendment.--The table of sections for chapter 471 of
title 49, United States Code, is amended by inserting after the item
relating to section 47124 the following:
``47124a. Accessibility of certain flight data.''.
SEC. 7. LIMITATION OF LIABILITY FOR CERTAIN INDIVIDUALS DESIGNATED AS
REPRESENTATIVES OF THE FEDERAL AVIATION ADMINISTRATION.
(a) In General.--Any individual designated by the Administrator of
the Federal Aviation Administration under subpart C of part 183 of
title 14, Code of Federal Regulations, to act as a representative of
the Administrator, including an aviation medical examiner, pilot
examiner, or designated airworthiness representative, shall, when
carrying out duties pursuant to that designation and without regard to
the individual's employer--
(1) be considered to be performing an activity necessary to
safeguard a uniquely Federal interest; and
(2) not be liable in a civil action for actions performed
with reasonable care in connection with those duties.
(b) Fraudulent Misconduct.--This section does not relieve an
individual described in subsection (a) that causes harm to any person
through intentional or fraudulent misconduct while carrying out duties
pursuant to that subsection from any penalty applicable under any
provision of law for that misconduct.
SEC. 8. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN NOTICES.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the Federal Aviation Administration shall
revise section 13.11 of title 14, Code of Federal Regulations, to
authorize legal counsel to close enforcement actions covered by that
section with a warning notice, letter of correction, or other
administrative action.
SEC. 9. LIABILITY PROTECTION FOR VOLUNTEER PILOTS THAT FLY FOR THE
PUBLIC BENEFIT.
(a) Findings and Purpose.--
(1) Findings.--Congress finds the following:
(A) Many volunteer pilot nonprofit organizations
fly for public benefit and provide valuable services to
communities and individuals.
(B) In each calendar year, volunteer pilot
nonprofit organizations provide long-distance, no-cost
transportation for tens of thousands of people during
times of special need.
(C) Such nonprofit organizations are no longer able
to purchase liability insurance for aircraft they do
not own to provide liability protection at a reasonable
price, and therefore face a highly detrimental
liability risk.
(D) Such nonprofit organizations have supported the
homeland security of the United States by providing
volunteer pilot services during times of national
emergency.
(2) Purpose.--The purpose of this section is to promote the
activities of volunteer pilot nonprofit organizations that fly
for public benefit and to sustain the availability of the
services that such nonprofit organizations provide, including
the following:
(A) Transportation at no cost to financially needy
medical patients for medical treatment, evaluation, and
diagnosis.
(B) Flights for humanitarian and charitable
purposes.
(C) Other flights of compassion.
(b) Liability Protection for Volunteer Pilot Nonprofit
Organizations That Fly for Public Benefit and to Pilots and Staff of
Such Nonprofit 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 striking ``the harm'' and inserting ``(A)
except in the case of subparagraph (B), the harm'';
(C) in subparagraph (A)(ii), as redesignated by
this paragraph, by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(B) the volunteer--
``(i) was operating an aircraft in
furtherance of the purpose of a volunteer pilot
nonprofit organization that flies for public
benefit; and
``(ii) was properly licensed and insured
for the operation of such aircraft.''; and
(2) in subsection (c)--
(A) by striking ``Nothing in this section'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
nothing in this section''; and
(B) by adding at the end the following:
``(2) Exception.--A volunteer pilot nonprofit organization
that flies for public benefit, the staff, mission coordinators,
officers, and directors (whether volunteer or otherwise) of
that nonprofit organization, and a referring agency of that
nonprofit organization shall not be liable for harm caused to
any person by a volunteer of the nonprofit organization while
the volunteer--
``(A) is operating an aircraft in furtherance of
the purpose of the nonprofit organization;
``(B) is properly licensed for the operation of the
aircraft; and
``(C) has certified to the nonprofit organization
that the volunteer has insurance covering the
volunteer's operation of the aircraft.''.
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