[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5601-S5604]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6070. Mr. INHOFE (for himself and Ms. Duckworth) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. FEDERAL CHARTER FOR THE NATIONAL CENTER FOR THE
ADVANCEMENT OF AVIATION.
(a) Short Title.--This section may be cited as the
``National Center for the Advancement of Aviation Act of
2022''.
(b) In General.--Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 120. 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
independent entity, not a department, agency, or
instrumentality of the United States Government or a
component thereof. 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 shall have 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.
[[Page S5602]]
``(2) Authority of 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 or agreements as a private
entity not subject to the requirements of title 41.
``(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 as a private entity not
subject to the requirements of title 31.
``(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 be considered ex-officio members of
the Board:
``(I) The Administrator of the Federal Aviation
Administration.
``(II) The Executive Director, pursuant to paragraph
(5)(D).
``(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;
``(cc) the Secretary of Veterans Affairs shall appoint 1
member to the Board;
``(dd) the Secretary of Education shall appoint 1 member to
the Board;
``(ee) the Administrator of the National Aeronautics and
Space Administration shall appoint 1 member to the Board.
``(II) Terms.--
``(aa) In general.--The members appointed under subclause
(I) shall serve for a term of 3 years and may be reappointed.
``(bb) Staggering terms.--To ensure subsequent appointments
to the Board are staggered, of the 9 members first appointed
under subclause (I), 3 shall be appointed for a term of 1
year, 3 shall be appointed for a term of 2 years, and 3 shall
be appointed for a term of 3 years.
``(III) Consideration.--In considering whom to appoint to
the Board, the Secretaries and Administrator referenced in
subclause (I) shall, to the maximum extent practicable,
ensure the overall composition of the Board adequately
represents the fields of aviation and academia.
``(B) Vacancies.--A vacancy on the Board shall be filled in
the same manner as the initial appointment.
``(C) Status.--All Members of the Board shall have equal
voting powers, regardless if they are ex-officio members or
appointed.
``(4) Chair of the board.--The Board shall choose a Chair
of the Board from among the members of the Board that are not
ex-officio members under paragraph (3)(A)(i).
``(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 subclause (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 of the Board, and as soon as practicable thereafter
if there are any changes to the information described in
subclauses (I) through (III), 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 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--
``(i) serve as a Member of the Board;
``(ii) serve at the pleasure of the Board, under such terms
and conditions as the Board shall establish;
``(iii) is subject to removal by the Board at the
discretion of the Board; and
``(iv) be responsible for the daily management and
operation of the Center and for carrying out the purposes and
duties of the Center.
``(E) Appointment of personnel.--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.
``(F) Public information.--Nothing in this section may be
construed to withhold disclosure of information or records
that are subject to disclosure under section 552 of title 5.
``(c) Purpose of the Center.--The purpose of the Center is
to--
``(1) develop a skilled and robust U.S. aviation and
aerospace workforce;
``(2) provide a forum to support collaboration and
cooperation between governmental, non-governmental, and
private aviation and aerospace sector stakeholders regarding
the advancement of the U.S. aviation and aerospace workforce,
including general, business, and commercial aviation,
education, labor, manufacturing and international
organizations; and
``(3) serve as a repository for research conducted by
institutions of higher education, research institutions, or
other stakeholders regarding the aviation and aerospace
workforce, or related technical and skill development.
``(d) Duties of the Center.--In order to accomplish the
purpose described in subsection (c), the Center shall perform
the following duties:
``(1) Improve access to aviation and aerospace education
and related skills training to help grow the U.S. aviation
and aerospace workforce, including--
``(A) assessing the current U.S. aviation and aerospace
workforce challenges and identifying actions to address these
challenges, including by developing a comprehensive workforce
strategy;
``(B) establishing scholarship, apprenticeship, internship
or mentorship programs for individuals who wish to pursue a
career in an aviation- or aerospace-related field, including
individuals in economically disadvantaged areas or
individuals who are members of underrepresented groups in the
aviation and aerospace sector;
``(C) supporting the development of aviation and aerospace
education curricula, including syllabi, training materials,
and lesson plans, for use by middle schools and high schools,
institutions of higher education, secondary education
institutions, or technical training and vocational schools;
and
``(D) building awareness of youth-oriented aviation and
aerospace programs and other outreach programs.
``(2) Support the personnel or veterans of the Armed Forces
seeking to transition to a career in civil aviation or
aerospace through outreach, training, apprenticeships, or
other means.
``(3) Amplify and support the research and development
efforts conducted as part of the National Aviation Research
Plan, as required under section 44501(c), and work done at
the Centers of Excellence and Technical Centers of the
Federal Aviation Administration regarding the aviation and
aerospace workforce, or related technical and skills
development, including organizing and hosting symposiums,
conferences, and other forums as appropriate, between the
Federal Aviation Administration, aviation and aerospace
stakeholders, and other interested parties, to discuss
current and future research efforts and technical work.
``(e) Grants.--
``(1) In general.--In order to accomplish the purpose under
subsection (c) and duties under subsection (d), the Center
may issue grants to eligible entities to--
``(A) create, develop, deliver, or update--
``(i) middle and high school aviation curricula, including
syllabi, training materials, equipment and lesson plans, that
are designed to prepare individuals to become aircraft
pilots, aerospace engineers, unmanned aircraft system
operators, aviation maintenance technicians, or other
aviation maintenance professionals, or to support the
continuing education of any of the aforementioned
individuals; or
``(ii) aviation curricula, including syllabi, training
materials, equipment and lesson
[[Page S5603]]
plans, used at institutions of higher education, secondary
education institutions, or by technical training and
vocational schools, that are designed to prepare individuals
to become aircraft pilots, aerospace engineers, unmanned
aircraft system operators, aviation maintenance technicians,
or other aviation maintenance professionals, or to refresh
the knowledge of any of the aforementioned individuals; or
``(B) support the professional development of educators
using the curriculum in subparagraph (A);
``(C) establish new education programs that teach technical
skills used in aviation maintenance, including purchasing
equipment, or to improve existing programs;
``(D) establish scholarships, internships or
apprenticeships for individuals pursuing employment in the
aviation maintenance industry;
``(E) support outreach about educational opportunities and
careers in the aviation maintenance industry, including in
economically disadvantaged areas; or
``(F) support the transition to careers in aviation
maintenance, including for members of the Armed Forces.
``(2) Eligible entities.--An eligible entity under this
subsection includes--
``(A) an air carrier, as defined in section 40102, an air
carrier engaged in intrastate or intra-U.S. territorial
operations, an air carrier engaged in commercial operations
covered by part 135 or part 91 of title 14, Code of Federal
Regulations, operations, or a labor organization representing
aircraft pilots;
``(B) an accredited institution of higher education or a
high school or secondary school (as defined in section 8101
of the Higher Education Act of 1965 (20 U.S.C. 7801));
``(C) a flight school that provides flight training, as
defined in part 61 of title 14, Code of Federal Regulations,
or that holds a pilot school certificate under part 141 of
title 14, Code of Federal Regulations;
``(D) a State or local governmental entity; or
``(E) an organization representing aircraft users, aircraft
owners, or aircraft pilots;
``(F) a holder of a certificate issued under part 21, 121,
135, or 145 of title 14, Code of Federal Regulations or a
labor organization representing aviation maintenance workers;
or
``(G) other organizations at the discretion of the Board.
``(3) Limitation.--No organization that receives a grant
under this section may sell or make a profit from the
creation, development, delivery, or updating of high school
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, at the discretion of
such agency or department, detail to the Center, on a
reimbursable basis, any employee of the agency or department.
``(B) Civil servant 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 accept, retain,
and 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 in
furtherance of the purpose and duties of the Center.
``(3) Gifts, grants, bequests, and devises.--The Center may
accept, retain, 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 of the Center.--
``(1) Profit.--The Center may not engage in business
activity for profit.
``(2) Stocks and dividends.--The Center may not issue any
shares of stock or declare or pay any dividends.
``(3) Political activities.--The Center shall be
nonpolitical and may not provide financial aid or assistance
to, or otherwise contribute to or promote the candidacy of,
any individual seeking elective public office or political
party. 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 any member of the
Board, or any officer or employee of the Center or be
distributed to any person. This subsection does not prevent
the payment of reasonable compensation to any 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 any member
of the Board or any 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 approval by the
Board. Members of the Board may not sit on the advisory
committee.
``(2) Membership.--The advisory committee shall consist of
15 members who represent various aviation industry and labor
stakeholders, stakeholder associations, and others as
determined appropriate by the Board. The advisory committee
shall select a Chair and Vice Chair from among its members by
majority vote. 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 activities of the
Center;
``(B) consult with the Board on an ongoing basis regarding
the appropriate powers of the Board to accomplish the
purposes and duties of the Center;
``(C) provide relevant data and information to the Center
in order to carry out the duties set forth in subsection (d);
and
``(D) nominate United States citizens for consideration by
the Board to be honored annually by the Center for such
citizens' efforts in promoting U.S. aviation or aviation
education and enhancing the aviation workforce in the United
States.
``(4) Meetings.--The provisions for meetings of the Board
under subsection (b)(5) shall apply as similarly as is
practicable to meetings of the advisory committee.
``(i) Working Groups.--
``(1) In general.--The Board may establish and appoint the
membership of the working groups as determined necessary and
appropriate to achieve the purpose of the Center under
subsection (c).
``(2) Membership.--Any working group established by the
Board shall have members representing various aviation
industry and labor stakeholders, stakeholder associations,
and others, as determined appropriate by the Board. Once
established, the membership of such working group shall
choose a Chair from among the members of the working group by
majority vote.
``(3) Termination.--Unless determined otherwise by the
Board, 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
such Code.
``(l) Annual Report.--The Board shall submit an annual
report to the appropriate committees of Congress that, at
minimum,--
``(1) includes a review and examination of--
``(A) the activities performed as set forth in subsections
(d) and (e) during the prior fiscal year;
``(B) the advisory committee as described under subsection
(h); and
``(C) the working groups as described under subsection (i);
and
``(2) provides recommendations to improve the role,
responsibilities, and functions of the Center to achieve the
purpose set forth in subsection (c).
``(m) Audit by the Department of Transportation Inspector
General.--
``(1) In general.--Not later than 2 years after the date on
which the Center is established under subsection (a), the
inspector general of the Department of Transportation shall
conduct a review of the Center.
``(2) Contents.--The review shall--
``(A) include, at a minimum--
``(i) an evaluation of the efforts taken at the Center to
achieve the purpose set forth in subsection (c); and
``(ii) the recommendations provided by the Board in
subsection (l)(2); and
``(B) provide any other information that the inspector
general determines is appropriate.
``(3) Report on audit.--
``(A) Report to secretary.--Not later than 30 days after
the date of completion of the audit, the inspector general
shall submit to the Secretary a report on the results of the
audit.
``(B) Report to congress.--Not later than 60 days after the
date of receipt of the report under subparagraph (A), the
Secretary shall submit to the appropriate committees of
Congress a copy of the report, together with, if appropriate,
a description of any actions taken or to be taken to address
the results of the audit.
``(n) Funding.--
``(1) In general.--In order to carry out this section,
notwithstanding any other provision of law, an amount equal
to 3 percent of the interest from investment credited to the
Airport and Airway Trust Fund shall be transferred annually
from the Airport and Airway Trust Fund 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.
``(2) Calculation.--In carrying out paragraph (1), the
Secretary of the Treasury shall calculate the transfer of
funding based on the estimates of revenues into the Airport
and Airway Trust Fund from the previous fiscal year.
``(o) Exception.--The Secretary of Transportation may
temporarily waive expenditures or obligations under
subsection (n) in the case of--
``(1) an appropriation measure for a fiscal year is not
enacted before the beginning of
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such fiscal year or a joint resolution making continuing
appropriations is not in effect; or
``(2) a national emergency or other significant event that
results in a significant loss in total funding to the Airport
and Airway Trust Fund, as determined by the Secretary.
``(p) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(3) STEM.--The term `STEM' means science, technology,
engineering, and mathematics.''.
(c) Clerical Amendment.--The analysis for chapter 1 of
title 49, United States Code, is amended by inserting after
the item relating to section 119 the following:
``120. National Center for the Advancement of Aviation.''.
(d) Expenditure Authority From the Airport and Airways
Trust Fund.--Section 9502(d)(1)(A) of the Internal Revenue
Code of 1986 is amended by striking the semicolon at the end
and inserting ``or the National Center for the Advancement of
Aviation Act of 2022;''.
(e) Prevention of Duplicative Programs.--The Board of
Directors of the National Center for the Advancement of
Aviation established under section 120 of title 49, United
States Code (as added by subsection (b) of this section),
shall coordinate with the Administrator of the Federal
Aviation Administration to prevent any programs of the Center
from duplicating programs established under section 625 of
the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).
______