[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Pages S5848-S5850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2491. Ms. DUCKWORTH (for herself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division I, insert the 
     following:

     SEC. __. 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.

[[Page S5849]]

       ``(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:

[[Page S5850]]

       ``(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.''.
                                 ______