II 118th CONGRESS 1st Session S. 1996 IN THE SENATE OF THE UNITED STATES June 14, 2023 Mr. Budd (for himself and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the Federal Aviation Administration to allow a volunteer pilot organization to reimburse a volunteer pilot for certain aircraft operating expenses incurred by the pilot when making a flight in support of the volunteer pilot organization’s mission, and for other purposes.

1. Short title This Act may be cited as the Volunteer Pilot Support Act . 2. Reimbursement of certain operational costs for charitable flights (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall issue or revise regulations as necessary to allow a volunteer pilot to accept reimbursement for a covered operational cost if— (1) such pilot operates a covered flight; and (2) such pilot or volunteer pilot organization notifies each passenger that the flight is for charitable purposes and is not subject to the same safety requirements as a flight operated by an air carrier or a commercial operator certified by the Administrator. (b) Additional requirements (1) Volunteer pilot organization A volunteer pilot organization may impose eligibility requirements that exceed the applicable eligibility requirements described in under subsection (f)(6)(B) and the general operating rules in part 91 of title 14, Code of Federal Regulations, without being considered an air carrier, a commercial operator, or common carrier. (2) Requirements for regulations In issuing or revising regulations under subsection (a), the Administrator— (A) shall create an exception for a volunteer pilot organization that arranges a covered flight and a volunteer pilot who receives a covered operational cost for a covered flight from— (i) the certificate requirements under parts 119 and 125 of title 14, Code of Federal Regulations; and (ii) the operating requirements under parts 121, 125, and 135 of title 14, Code of Federal Regulations; and (B) may not impose on a volunteer pilot or volunteer pilot organization any operating requirements, aircraft qualifications, or pilot qualifications to conduct a covered flight that are in addition to the requirements under this section and the requirements under the general operating rules in part 91 of title 14, Code of Federal Regulations. (c) Effect on existing regulations For the purposes of this section: (1) A volunteer pilot receiving a covered operational cost for a covered flight— (A) does not constitute common carriage (as such term is used in title 49, United States Code, and title 14, Code of Federal Regulations); and (B) does not constitute a flight operation for compensation or hire (as such term is used in title 49, United States Code, and title 14, Code of Federal Regulations). (2) A covered operational cost is not compensation (as such term is used in title 49, United States Code, and title 14, Code of Federal Regulations). (d) Prohibition on FAA enforcement actions Beginning on the date that is 1 year after the date of enactment of this Act, the Administrator may not take an enforcement action against a volunteer pilot or a volunteer pilot organization if such pilot meets, through a good faith effort, the applicable eligibility requirements described in subsections (a)(2) and (f)(6)(B), unless the Administrator has published final regulations in the Federal Register as required by subsection (a). (e) Effect on other FAA authority (1) Effect on existing exemption authority Except as provided in paragraph (2), nothing in this section shall— (A) affect the authority of the Administrator to exempt a pilot (exercising the privilege of a private pilot certificate issued under part 61 of title 14, Code of Federal Regulations) from a restriction on receiving reimbursement; or (B) affect any such exemptions existing before the date of enactment of this Act. (2) No changes to existing FAA exemptions; exception (A) In general Except as provided in subparagraph (C), the Administrator may not modify or revoke a covered exemption during the period described in subparagraph (D) without the consent of the person holding the covered exemption. (B) Expiration date The expiration date of a covered exemption shall be extended through the date that is 30 days after the end of the period described in subparagraph (D). (C) Exception The Administrator may modify or revoke a covered exemption after the Administrator brings an administrative or legal enforcement action against a person operating a flight under such exemption for— (i) violating the terms of such exemption; or (ii) in the course of a flight operating under such exemption, violating any other law or regulation. (D) Period described The period described in this subparagraph is the period beginning on the date of enactment of this Act and ending on the date the Administrator publishes final regulations in the Federal Register as required by subsection (a). (E) Covered exemption defined In this paragraph, the term covered exemption means an exemption issued before the date of enactment of this Act by the Administrator to a volunteer pilot organization that provides an exemption from the applicability of section 61.113(c) of title 14, Code of Federal Regulations, and expressly includes an exemption described on page 12233 of volume 78 of the Federal Register and published on February 22, 2013. (3) Effect on other volunteer flights Nothing in this section shall impose or authorize the imposition of any additional requirements on a flight that is arranged by a volunteer pilot organization in which the pilot in command is not reimbursed or the pilot in command pays a pro rata share of expenses as described under section 61.113(c) of title 14, Code of Federal Regulations. (f) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Aviation Administration. (2) Air carrier; aircraft; airport The terms air carrier , aircraft , and airport have the meanings given those terms in section 40102 of title 49, United States Code. (3) Commercial operator The term commercial operator has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations. (4) Covered flight The term covered flight — (A) means a flight that is operated by a volunteer pilot in any airworthy aircraft in support of the mission of a volunteer pilot organization; and (B) includes any flight or flight segment that is between the airport in which the aircraft for the covered flight is based and the airport the passengers of a flight described in subparagraph (A) board or disembark. (5) Covered operational cost The term covered operational cost means the following: (A) A cost that is actually incurred in connection with a covered flight, including the following: (i) In the case of a volunteer pilot who rents the aircraft used for a covered flight, the cost of rental fees and other operating expenses not included in the rental fees that are incurred by such pilot for a covered flight, except that such costs may not unreasonably exceed the cost of owning and operating the aircraft, which includes maintenance costs, storage fees, airport expenditures, and, for an owner that is in the business of renting aircraft, the cost of doing business and making a reasonable profit. (ii) In the case of a volunteer pilot who does not rent the aircraft used for a covered flight, the cost of fuel, oil, and airport expenditures incurred by such pilot for a covered flight. (iii) Meals, lodging, and related expenses. (B) Any nonmonetary benefit that may be considered compensation (as such term is used in title 49, United States Code, and title 14, Code of Federal Regulations), including logged flight hours, goodwill, any applicable tax deduction permitted under the Internal Revenue Code of 1986, and any other indirect economic benefit. (6) Volunteer pilot (A) In general The term volunteer pilot means a person who— (i) acts as pilot in command of a covered flight; and (ii) meets each applicable eligibility requirement described in subparagraph (B). (B) Eligibility requirements described The applicable eligibility requirements described in this subparagraph are the following: (i) The volunteer pilot holds at least a private pilot certificate with appropriate category, class, and type rating (if a type rating is applicable) issued under part 61 of title 14, Code of Federal Regulations. (ii) The volunteer pilot holds an instrument rating or airline transport pilot certificate for the category of aircraft used for a covered flight issued under such part 61. (iii) The volunteer pilot logged at least 500 hours as pilot in command in the category of aircraft used for a covered flight. (iv) The volunteer pilot— (I) holds a valid medical certificate issued under part 67 of title 14, Code of Federal Regulations; or (II) complies with the requirements of section 61.113(i) of title 14, Code of Federal Regulations. (7) Volunteer pilot organization The term volunteer pilot organization means an organization that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ) and is exempt from taxation under section 501(a) of such Code; and (B) arranges or coordinates flights by volunteer pilots for purposes described in such section 501(c)(3).