[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1752 Introduced in Senate (IS)]

<DOC>






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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