[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1752 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1752
To establish the National Center for the Advancement of Aviation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2021
Mr. Inhofe (for himself, Ms. Duckworth, Mr. Rubio, Mr. Wyden, and Mrs.
Hyde-Smith) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To establish the National Center for the Advancement of Aviation.
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 ``National Center for the Advancement
of Aviation Act of 2021''.
SEC. 2. FEDERAL CHARTER FOR THE NATIONAL CENTER FOR THE ADVANCEMENT OF
AVIATION.
(a) In General.--Chapter 1 of Subtitle I of title 49, United States
Code, is amended by adding at the end the following new section:
``SEC. 118. NATIONAL CENTER FOR THE ADVANCEMENT OF AVIATION.
``(a) Federal Charter and Status.--
``(1) In general.--The National Center for the Advancement
of Aviation (in this section referred to as the `Center') is a
Federally chartered entity. The Center is a private entity, not
a department, agency, or instrumentality of the United States
Government. Except as provided in subsection (f)(1), an officer
or employee of the Center is not an officer or employee of the
Federal Government.
``(2) Perpetual existence.--Except as otherwise provided,
the Center has perpetual existence.
``(b) Governing Body.--
``(1) In general.--The Board of Directors (in this section
referred to as the `Board') is the governing body of the
Center.
``(2) Authority and powers.--
``(A) In general.--The Board shall adopt a
constitution, bylaws, regulations, policies, and
procedures to carry out the purpose of the Center and
may take any other action that it considers necessary
(in accordance with the duties and powers of the
Center) for the management and operation of the Center.
The Board is responsible for the general policies and
management of the Center and for the control of all
funds of the Center.
``(B) Powers of board.--The Board shall have the
power to do the following:
``(i) Adopt and alter a corporate seal.
``(ii) Establish and maintain offices to
conduct its activities.
``(iii) Enter into contracts.
``(iv) Acquire, own, lease, encumber, and
transfer property as necessary and appropriate
to carry out the purposes of the Center.
``(v) Publish documents and other
publications in a publicly accessible manner.
``(vi) Incur and pay obligations.
``(vii) Make or issue grants and include
any conditions on such grants in furtherance of
the purpose and duties of the Center.
``(viii) Perform any other act necessary
and proper to carry out the purposes of the
Center as described in its constitution and
bylaws or duties outlined in this section.
``(3) Membership of the board.--
``(A) In general.--The Board shall have 11
Directors as follows:
``(i) Ex-officio membership.--The following
individuals, or their designees, shall serve as
ex-officio members of the Board:
``(I) The Administrator of the
Federal Aviation Administration.
``(II) The Director of the William
J. Hughes Technical Center within the
Federal Aviation Administration.
``(III) The Director of the Mike
Monroney Aeronautical Center within the
Federal Aviation Administration.
``(ii) Appointments.--
``(I) In general.--From among those
members of the public who are highly
respected and have knowledge and
experience in the fields of aviation,
finance, or academia--
``(aa) the Secretary of
Transportation shall appoint 5
members to the Board;
``(bb) the Secretary of
Defense shall appoint 1 member
to the Board; and
``(cc) the Secretary of
Veterans Affairs shall appoint
1 member to the Board.
``(II) Terms.--The members
appointed under subclause (I) shall
serve for a term of 3 years and may be
reappointed. To ensure subsequent
appointments to the Board are
staggered, of the 7 members first
appointed under subclause (I), 2 shall
be appointed for a term of 1 year, 2
shall be appointed for a term of 2
years, and 3 shall be appointed for a
term of 3 years.
``(III) Consideration.--When
considering whom to appoint to the
Board, the Secretary of Transportation
and Secretary of Defense shall ensure
the overall composition of the Board
remains balanced between and within the
fields of aviation, finance, and
academia.
``(iii) Executive director.--The Executive
Director of the Center shall be a member of the
Board pursuant to paragraph (5)(D).
``(B) Vacancies.--A vacancy on the Board shall be
filled in the same manner as the initial appointment.
``(4) Chairman of the board.--The Board shall choose a
Chairman of the Board from among the members of the Board.
``(5) Administrative matters.--
``(A) Meetings.--
``(i) In general.--The Board shall meet at
the call of the Chair but not less than 2 times
each year and may, as appropriate, conduct
business by telephone or other electronic
means.
``(ii) Open.--
``(I) In general.--Except as
provided in clause (II), a meeting of
the Board shall be open to the public.
``(II) Exception.--A meeting, or
any portion of a meeting, may be closed
if the Board, in public session, votes
to close the meeting because the
matters to be discussed--
``(aa) relate solely to the
internal personnel rules and
practices of the Center;
``(bb) may result in
disclosure of commercial or
financial information obtained
from a person that is
privileged or confidential;
``(cc) may disclose
information of a personal
nature where disclosure would
constitute a clearly
unwarranted invasion of
personal privacy; or
``(dd) are matters that are
specifically exempted from
disclosure by Federal or State
law.
``(iii) Public announcement.--At least 1
week before a meeting, and as soon as
practicable thereafter if there are any
changes, the Board shall make a public
announcement of the meeting that describes--
``(I) the time, place, and subject
matter of the meeting;
``(II) whether the meeting is to be
open or closed to the public; and
``(III) the name and appropriate
contact information of a person who can
respond to requests for information
about the meeting.
``(iv) Record.--The Board shall keep a
transcript of minutes from each Board meeting.
Such transcript shall be made available to the
public in an accessible format, except for
portions of the meeting that are closed
pursuant to subparagraph (A)(ii)(II).
``(B) Quorum.--A majority of members of the Board
shall constitute a quorum.
``(C) Restriction.--No member of the Board shall
participate in any proceeding, application, ruling or
other determination, contract claim, scholarship award,
controversy, or other matter in which the member, the
member's employer or prospective employer, or the
member's spouse, partner, or minor child has a direct
financial interest. Any person who violates this
subparagraph shall be subject to applicable Federal and
State laws and may be fined not more than $10,000,
imprisoned for not more than 2 years, or both.
``(D) Executive director.--The Board shall appoint
and fix the pay of an Executive Director of the Center
(in this section referred to as the `Executive
Director') who shall also become a member of the Board.
The Executive Director serves at the pleasure of the
Board, under such terms and conditions as the Board
shall establish and is subject to removal by the Board
at its discretion. The Executive Director shall be
responsible for the daily management and operation of
the Center and for carrying out the purposes and duties
of the Center. The Board shall designate to the
Executive Director the authority to appoint additional
personnel as the Board considers appropriate and
necessary to carry out the purposes and duties of the
Center.
``(c) Purpose of the Center.--The purpose of the Center is to
provide a forum to facilitate collaboration and cooperation between
aviation and aerospace private sector stakeholders, including general,
business, and commercial aviation, education, labor, manufacturing, the
Armed Forces, and other governmental, non-governmental, and
international organizations, for the purpose of supporting and
promoting civil and military aviation and aerospace in order to address
the demands and challenges associated with ensuring a safe and vibrant
national aviation system as identified by the Board. In furtherance of
that purpose, the constitution and bylaws of the Center shall direct
the Center to focus on the following:
``(1) The development and sustainability of a well-
qualified, well-trained civil and military aviation and
aerospace workforce.
``(2) The conduct of research and development of new
aviation and aerospace training materials and products.
``(3) The coordination of the dissemination of grants for
the development of aviation and aerospace oriented high school
STEM education curriculum.
``(4) The facilitation of collaboration between
institutions of higher education or other research institutions
engaged in aviation, aerospace or related research or technical
development, including those institutions designated as Centers
of Excellence or Test Centers of the Federal Aviation
Administration and aviation and aerospace stakeholders.
``(5) The engagement in other workforce development
activities consistent with addressing the demands and
challenges facing the aviation and aerospace industry.
``(d) Duties of Center.--In order to accomplish the purpose
described in subsection (c), the Center shall perform the following
duties:
``(1) Support the development of aviation and aerospace
education curricula, including syllabuses and lesson plans, for
use by high schools, institutions of higher education,
secondary education institutions, or technical training and
vocational schools that are designed to prepare students to
enter the aviation or aerospace workforce by becoming aircraft
pilots, aerospace engineers, unmanned aircraft system
operators, aviation maintenance technicians, or other aviation
maintenance professionals, or to refresh the knowledge of
pilots or any of the aforementioned individuals working in the
aviation or aerospace sector.
``(2) Support the professional development of educators
using the curriculum described in paragraph (1) and
subparagraphs (A) and (B) of subsection (e)(1) by organizing
symposiums designed to assist educators who are teaching or who
wish to teach the aviation curriculum.
``(3) Promote aviation and aerospace employment
opportunities generally, including building awareness of youth
oriented aviation and aerospace programs (such as the Civil Air
Patrol, Young Eagles program, and Reserve Officers Training
Corps) and establishing scholarships, apprenticeships, or
mentorship programs for individuals, including individuals in
economically disadvantaged areas or individuals who are
underrepresented in the aviation industry and who wish to
pursue a career in an aviation- or aerospace-related field.
``(4) Support of Armed Forces personnel seeking to
transition to a career in civil aviation or an aerospace
related field through outreach, training, apprenticeships, or
other means.
``(5) Serve as a central repository for publicly available
economic data, safety data, and research efforts related to the
aviation and aerospace sectors in order to make available to
the public information that highlights the economic impact of
aviation and aerospace and information that would improve the
safety of aviation and aerospace. The Center shall
periodically, as appropriate, publicize an analysis of such
data in an accessible format. In particular, the Center shall
coordinate with existing FAA Centers of Excellence to do the
following:
``(A) Ensure research and development efforts
conducted at Centers of Excellence of the Federal
Aviation Administration are tracked, collected, and
amplified across the aviation and aerospace community.
``(B) Provide a repository of pertinent
recommendations or other action items from all Centers
of Excellence for public review.
``(C) Serve as a collaborative forum for Centers of
Excellence institution researchers, stakeholders, and
other interested parties for the purpose of discussing
research efforts.
``(6) Serve as a forum, through symposiums, conferences,
and other means as appropriate, for cross-disciplinary
collaboration among aviation and aerospace stakeholders to
consider the near-term and long-term future of aviation and
aerospace generally with respect to new training materials and
products.
``(e) Grants.--
``(1) In general.--In order to accomplish the purpose under
subsection (c) and duties under subsection (d), the Center
shall have the authority and ability to issue grants to
organizations that have experience in, and knowledge of,
creating, developing, and delivering or updating--
``(A) high school aviation curricula, including
syllabuses and lesson plans, that are designed to
prepare students to become aircraft pilots, aerospace
engineers, unmanned aircraft system operators, aviation
maintenance technicians, or other aviation maintenance
professionals, or to refresh the knowledge of out-of-
practice pilots or any of the aforementioned
individuals; or
``(B) aviation curricula, including syllabuses and
lesson plans, used at institutions of higher education,
secondary education institutions, or by technical
training and vocational schools, that are designed to
prepare students to become aircraft pilots, aerospace
engineers, unmanned aircraft system operators, or
aviation maintenance technicians, or to refresh the
knowledge of out-of-practice pilots or any of the
aforementioned individuals.
``(2) Limitation.--No organization that receives a grant
under this subsection shall sell or make a profit from the
creation, development, delivery, or updating of aviation
curricula.
``(f) Administrative Matters of the Center.--
``(1) Detailees.--
``(A) In general.--At the request of the Center,
the head of any Federal agency or department may detail
to the Center, on a reimbursable basis, any employee of
the agency or department.
``(B) Civil service status.--The detail of an
employee under subparagraph (A) shall be without
interruption or loss of civil service status or
privilege.
``(2) Names and symbols.--The Center may use proceeds
derived from the Center's use of the exclusive right to use its
name and seal, emblems, and badges incorporating such name as
lawfully adopted by the Board of Directors in furtherance of
the purpose and duties of the Center.
``(3) Gifts, grants, bequests, and devises.--The Center may
accept, use, and dispose of gifts, grants, bequests, or devises
of money, services, or property from any public or private
source for the purpose of covering the costs incurred by the
Center in furtherance of the purpose and duties of the Center.
``(4) Voluntary services.--The Center may accept from any
person voluntary services to be provided in furtherance of the
purpose and duties of the Center.
``(g) Restrictions on the Center.--
``(1) Profit.--The Center may not engage in business
activity for profit.
``(2) Stocks and dividends.--The Center may not issue stock
or declare or pay a dividend.
``(3) Political activities.--The Center shall be
nonpolitical and may not provide financial aid or assistance
to, or otherwise promote the candidacy of, an individual
seeking elective public office. The Center may not engage in
activities that are, directly, or indirectly, intended to be or
likely to be perceived as advocating or influencing the
legislative process.
``(4) Distribution of income or assets.--The assets of the
Center may not inure to the benefit of a member of the Board,
or an officer or employee of the Center or be distributed to
any person. This subsection does not prevent the payment of
reasonable compensation to an officer, employee, or other
person or reimbursement for actual and necessary expenses in
amounts approved by the Board.
``(5) Loans.--The Center may not make a loan to a member of
the Board or an officer or employee of the Center.
``(6) No claim of governmental approval or authority.--The
Center may not claim approval of Congress or of the authority
of the United States for any of its activities.
``(h) Advisory Committee.--
``(1) In general.--The Executive Director shall appoint
members to an advisory committee subject to the approval by the
Board. Members of the Board of the Center may not sit on the
advisory committee.
``(2) Membership.--The advisory committee shall consist of
15 members who represent a balance of various aviation
stakeholder groups. The advisory committee shall choose a
Chairman and Vice Chairman of the advisory committee from among
members of the advisory committee. Members of the advisory
committee shall be appointed for a term of 5 years.
``(3) Duties.--The advisory committee shall--
``(A) provide recommendations to the Board on an
annual basis regarding the priorities for the Center's
activities;
``(B) provide advice to the Board on an ongoing
basis regarding the appropriate powers of the Board to
accomplish the purposes and duties of the Center;
``(C) provide data and information to the Center to
aid the Center in carrying out its duties; and
``(D) nominate United States citizens for
consideration by the Board to be honored by the Center
for their work in promoting aviation or aviation
education in the United States.
``(4) Meetings.--The provisions for meetings of the Board
under subsection (c)(1) shall apply to meetings of the advisory
committee.
``(i) Working Groups.--
``(1) In general.--The Board may establish and appoint the
membership of working groups for a time and for a specific
reason as necessary and appropriate.
``(2) Membership.--Any working group established by the
Board shall have members representing a balance of various
aviation stakeholder groups. Once established, the membership
of such working group shall choose a Chairman from among the
members of the working group.
``(3) Termination.--Any working group established by the
Board under this subsection shall be constituted for a time
period of not more than 3 years.
``(j) Records of Accounts.--The Center shall keep correct and
complete records of accounts.
``(k) Duty To Maintain Tax-Exempt Status.--The Center shall be
operated in a manner and for purposes that qualify the Center for
exemption from taxation under the Internal Revenue Code as an
organization described in section 501(c)(3) of that Code.
``(l) Annual Report.--The Center shall submit an annual report to
Congress on the activities of the Center during the prior year.
``(m) Funding.--In order to carry out this section, notwithstanding
any other provision of law, an amount equal to 5 percent of the
interest from investment credited to the Airport and Airway Trust Fund
shall be transferred annually as a direct lump sum payment on the first
day of October to the Center to carry out this section and shall be
available until expended without further act of appropriation.''.
(b) Clerical Amendment.--The analysis for chapter 1 of subtitle 1
of title 49, United States Code, is amended by inserting after the item
relating to section 117 the following:
``118. National Center for the Advancement of Aviation.''.
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