[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5936-S5938]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6423. 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.
       ``(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,

[[Page S5937]]

     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 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.

[[Page S5938]]

       ``(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 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).
                                 ______