[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1996 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1996

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.


_______________________________________________________________________


                   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.

    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 Support Act''.

SEC. 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).
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