[House Report 117-505]
[From the U.S. Government Publishing Office]


117th Congress     }                                  {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                  {       117-505

======================================================================

 
      NATIONAL CENTER FOR THE ADVANCEMENT OF AVIATION ACT OF 2022

                                _______
                                

 September 28, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3482]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3482) to establish the National 
Center for the Advancement of Aviation, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     7
Background and Need for Legislation..............................     7
Hearings.........................................................     8
Legislative History and Consideration............................     9
Committee Votes..................................................     9
Committee Oversight Findings.....................................     9
New Budget Authority and Tax Expenditures........................     9
Congressional Budget Office Cost Estimate........................    10
Performance Goals and Objectives.................................    10
Duplication of Federal Programs..................................    10
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    10
Federal Mandates Statement.......................................    10
Preemption Clarification.........................................    11
Advisory Committee Statement.....................................    11
Applicability to Legislative Branch..............................    11
Section-by-Section Analysis of the Legislation...................    11
Changes in Existing Law Made by the Bill, as Reported............    13
Committee Correspondence.........................................    26

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SEC. 1. SHORT TITLE.

  This Act may be cited as the ``National Center for the Advancement of 
Aviation Act of 2022''.

SEC. 2. FEDERAL CHARTER FOR THE NATIONAL CENTER FOR THE ADVANCEMENT OF 
                    AVIATION.

  (a) 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; and
                                          ``(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 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 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.''.
  (b) 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.''.

  (c) 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;''.

SEC. 3. 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 this Act), 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).

                         Purpose of Legislation

    The purpose of H.R. 3482, as amended, is to establish the 
National Center for the Advancement of Aviation to serve as a 
national independent forum for collaboration and cooperation 
among governmental, non-governmental, and private aviation 
sector stakeholders to advance the U.S. aviation workforce.

                  Background and Need for Legislation

    According to the Federal Aviation Administration (FAA), 
more than 50 percent of the current science and engineering 
workforce is forecasted to soon hit retirement age.\1\ This 
wave of new retirements stands to compound the unique workforce 
challenges the U.S. aviation industry has experienced the past 
several years. For instance, half of the nearly 330,000 FAA-
certificated mechanics and repairmen as of December 2018 were 
between 50 and 70 years old. Additionally, the coronavirus 
disease (COVID-19) pandemic significantly exacerbated the 
domestic aviation industry's ongoing workforce challenges.
---------------------------------------------------------------------------
    \1\FAA, FAA Aviation Safety Workforce Plan Fiscal Years 2022 to 
2031, available at https://www.faa.gov/sites/faa.gov/files/2022-06/
2022-afn-avs-wp.pdf.
---------------------------------------------------------------------------
    H.R. 3482, as amended, would help address these workforce 
issues by creating a ``National Center for the Advancement of 
Aviation,'' (hereinafter referred to as ``the Center'') a 
federally chartered, private entity to support and promote the 
civil aviation and aerospace workforce. The bill would, among 
other things, provide resources to: help develop a skilled U.S. 
aviation workforce through scholarships, apprenticeships, 
aviation curriculum development, and other outreach efforts; 
serve as an educational research repository for workforce 
development and skills training; and provide a national 
independent forum to support collaboration between government 
and nongovernmental stakeholders.
    The Center--which would be governed by an 11-member Board 
of Directors, including the FAA Administrator and the Center's 
Executive Director serving as ex-officio members--would be 
funded through annual transfers from a small percentage of 
interest (3 percent) from investments into the Airport and 
Airway Trust Fund (AATF); with exceptions in certain 
circumstances. The Secretary of Transportation is required to 
appoint five members to the Board and the Secretaries of 
Defense, Veterans Affairs, and Education, and the Administrator 
of the National Aeronautics and Space Administration (NASA) are 
to each appoint one individual. The Department of 
Transportation's Inspector General is directed to conduct an 
audit two years after the Center's establishment to ensure the 
Center carries out its mission and the Board is required to 
report annually to Congress regarding its activities.

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
117th Congress, the following hearing was used to develop or 
consider H.R. 3482:
    On July 20, 2021, the Subcommittee held a hearing titled 
``Bridging the Gap: Improving Diversity and Inclusion in the 
U.S. Aviation Workforce.'' The Subcommittee received testimony 
from Ms. Icema D. Gibbs, Vice President, Corporate Social 
Responsibility and Diversity, Equity and Inclusion, JetBlue 
Airways; Mr. Kyle J. Kaiser, President, Veteran Internships 
Providing Employment (VIPER) Transitions; Dr. Rebecca K. Lutte, 
Assistant Professor, Omaha Aviation Institute, University of 
Nebraska; Mr. Joel Webley, Chairman and Board of Directors, 
Organization of Black Aerospace Professionals; and, Ms. Claudia 
Zapata-Cardone, Executive Director, Community Relations and 
Outreach, Latino Pilots Association.
    The hearing provided Members an opportunity to hear from 
key stakeholders about the challenges with, and their 
recommendations for, developing a robust and diverse U.S. 
aviation workforce. Further, this hearing examined future 
workforce needs and current efforts to recruit, retain, and 
enhance the talent pipeline, including requirements under the 
FAA Reauthorization Act of 2018, and other related workforce 
priorities.

                 Legislative History and Consideration

    H.R. 3482, the ``National Center for the Advancement of 
Aviation Act of 2021'', was introduced in the House on May 25, 
2021, by Mr. Carson, Mr. Young, Mr. Bost, Ms. Brownley, Mr. 
Fitzpatrick, Mr. Kahele, Mr. Larsen of Washington, Mr. Mullin, 
Ms. Norton, and Mr. Payne and referred to the Committee on 
Transportation. Within the Committee on Transportation and 
Infrastructure, H.R. 3482 was referred to the Subcommittee on 
Aviation.
    The Subcommittee on Aviation was discharged from further 
consideration of H.R. 3482 on April 28, 2022.
    The Committee considered H.R. 3482 on April 28, 2022, and 
ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 3482, 
offered by Mr. Carson; was AGREED TO by voice vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 3482 offered by Mr. Perry (#1); was NOT AGREED TO by 
voice vote.
    Page 2, strike lines 3 through 5; Page 24, after line 12, 
insert the following: (d) Sunset--Section 120 of title 49, 
United States Code (as added by this Act), shall be repealed on 
the date that is 15 years after the date of enactment of this 
Act.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 3482 offered by Mr. Perry (#2); was NOT AGREED TO by 
voice vote.
    Page 22, strike line 16 and all that follows through page 
23, line 16

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    No recorded votes were requested during consideration of 
H.R. 3482.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to create 
the National Center for the Advancement of Aviation to provide 
a national independent forum to facilitate collaboration and 
cooperation between aviation stakeholders to support and 
promote the U.S. civil aviation workforce.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 3482 as amended establishes or reauthorizes a program 
of the federal government known to be duplicative of another 
federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 3482 as amended 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    Section 5(b) of the Federal Advisory Committee Act requires 
the report of any Committee establishing, or authorizing the 
establishment of any advisory committee, to include a statement 
as to whether the functions of the proposed advisory committee 
are being or could be performed by one or more agencies or by 
an advisory committee already in existence, or by enlarging the 
mandate of an existing advisory committee. The Committee finds 
under section 2(a) of H.R. 3482, as amended, a 15-member 
advisory committee--to be appointed by the Center's executive 
director--established to provide recommendations to the 
Center's board on an annual basis regarding priorities for the 
activities of the Center, consult with the Center's board 
regarding purposes and duties of the Center; among other 
things. The Committee finds that some of the functions of the 
proposed advisory committee are similar to those of the Youth 
Access to American Jobs in Aviation Task Force and the Women in 
Aviation Advisory Board.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Title

    This section provides that this bill may be cited as the 
``National Center for the Advancement of Aviation Act of 
2022''.

Sec. 2. Federal charter for the National Center for the Advancement of 
        Aviation

    This section creates the National Center for the 
Advancement of Aviation (``the Center''), a federally 
chartered, private independent entity to support and promote 
the civil aviation and aerospace workforce.
    This section also establishes an 11-member Board of 
Directors (``the Board'')--including the FAA Administrator and 
the Center's Executive Director, who can serve as ex-officio 
members for a term of three years and may be reappointed--to 
serve as the Center's governing body. The Secretary of 
Transportation will appoint five members to the Board, the 
Secretary of Defense, the Secretary of Veterans Affairs, the 
Administrator of the National Aeronautics and Space 
Administration, and the Secretary of Education will each 
appoint one member. The Chair will be appointed by the Board 
and the Board is directed to ensure that its overall 
composition adequately represents the fields of aviation and 
academia. This section also outlines administrative matters, 
such as public announcement of Board meetings and membership 
restrictions, among other things.
    Under this section, the Center's purpose will (1) focus on 
the development of a skilled and robust U.S. aviation 
workforce; (2) provide a forum to support collaboration and 
cooperation between governmental, nongovernmental, and the 
private sector regarding the advancement of the U.S. aviation 
workforce and (3) serve as an educational research repository 
regarding the aviation workforce, or related technical and 
skills development.
    This section also details the duties of the Center, which 
at a minimum will include (1) improving access to aviation 
education through grants to support the development of aviation 
and education curricula (e.g., syllabi and lesson plans for use 
by high schools, institutions of higher education, or technical 
training and vocational schools); (2) supporting the personnel 
or veterans of the Armed Forces seeking to transition to a 
career in civil aviation through outreach, training, or other 
means; and (3) amplifying and supporting the efforts conducted 
by the FAA's Centers of Excellence and Technical Centers.
    Under this section, the Center's administrative matters, 
such as appointing detailees, and restrictions of the Center 
are described. The section also establishes a 15-member 
advisory committee--to be appointed by the Center's executive 
director--to provide recommendations to the Center's board on 
an annual basis regarding priorities for the activities of the 
Center and consult with the Center's board regarding the 
purposes and duties of the Center, among other things. The 
Board may also establish relevant working groups--representing 
various aviation industry and labor stakeholders--as determined 
necessary and appropriate to achieve the purpose of the Center.
    This section also requires the Center to submit an annual 
report to Congress on the activities of the Center during the 
prior year and the Department of Transportation's Inspector 
General is directed to conduct an audit to ensure the Center 
carries out its mission. In addition, this section authorizes 
and provides the Center with 3 percent of the annual interest 
accrued by the Airport and Airway Trust Fund (AATF), with 
exceptions in the event of a lapse in an appropriation measure 
at the beginning of a fiscal year or a national emergency/
significant event that results in a significant loss in total 
funding to the AATF as determined by the Secretary of 
Transportation.

Sec. 3. Prevention of duplicative programs

    Under this section, the Board is directed to work with the 
FAA 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. Sec. 40101 note).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 49, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


                        CHAPTER 1--ORGANIZATION


Sec.
101. Purpose.
     * * * * * * *
120. National Center for the Advancement of Aviation.

           *       *       *       *       *       *       *


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; 
                                        and
                                          (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 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 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.

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                              ----------                              


                     INTERNAL REVENUE CODE OF 1986



           *       *       *       *       *       *       *
Subtitle I--Trust Fund Code

           *       *       *       *       *       *       *


CHAPTER 98--TRUST FUND CODE

           *       *       *       *       *       *       *


Subchapter A--ESTABLISHMENT OF TRUST FUNDS

           *       *       *       *       *       *       *


SEC. 9502. AIRPORT AND AIRWAY TRUST FUND.

  (a) Creation of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the 
``Airport and Airway Trust Fund'', consisting of such amounts 
as may be appropriated, credited, or paid into the Airport and 
Airway Trust Fund as provided in this section, section 
9503(c)(5), or section 9602(b).
  (b) Transfers to Airport and Airway Trust Fund.--There are 
hereby appropriated to the Airport and Airway Trust Fund 
amounts equivalent to--
          (1) the taxes received in the Treasury under--
                  (A) section 4041(c) (relating to aviation 
                fuels),
                  (B) section 4043 (relating to surtax on fuel 
                used in aircraft part of a fractional ownership 
                program),
                  (C) sections 4261 and 4271 (relating to 
                transportation by air), and
                  (D) section 4081 with respect to aviation 
                gasoline and kerosene to the extent 
                attributable to the rate specified in section 
                4081(a)(2)(C), and
          (2) the amounts determined by the Secretary of the 
        Treasury to be equivalent to the amounts of civil 
        penalties collected under section 47107(m) of title 49, 
        United States Code.
There shall not be taken into account under paragraph (1) so 
much of the taxes imposed by section 4081 as are determined at 
the rate specified in section 4081(a)(2)(B).
  (c) Appropriation of additional sums.--There are hereby 
authorized to be appropriated to the Airport and Airway Trust 
Fund such additional sums as may be required to make the 
expenditures referred to in subsection (d) of this section.
  (d) Expenditures from Airport and Airway Trust Fund.--
          (1) Airport and airway program.--Amounts in the 
        Airport and Airway Trust Fund shall be available, as 
        provided by appropriation Acts, for making expenditures 
        before October 1, 2023, to meet those obligations of 
        the United States--
                  (A) incurred under title I of the Airport and 
                Airway Development Act of 1970 or of the 
                Airport and Airway Development Act Amendments 
                of 1976 or of the Aviation Safety and Noise 
                Abatement Act of 1979 or under the Fiscal Year 
                1981 Airport Development Authorization Act or 
                the provisions of the Airport and Airway 
                Improvement Act of 1982 or the Airport and 
                Airway Safety and Capacity Expansion Act of 
                1987 or the Federal Aviation Administration 
                Research, Engineering, and Development 
                Authorization Act of 1990 or the Aviation 
                Safety and Capacity Expansion Act of 1990 or 
                the Airport and Airway Safety, Capacity, Noise 
                Improvement, and Intermodal Transportation Act 
                of 1992 or the Airport Improvement Program 
                Temporary Extension Act of 1994 or the Federal 
                Aviation Administration Authorization Act of 
                1994 or the Federal Aviation Reauthorization 
                Act of 1996 or the provisions of the Omnibus 
                Consolidated and Emergency Supplemental 
                Appropriations Act, 1999 providing for payments 
                from the Airport and Airway Trust Fund or the 
                Interim Federal Aviation Administration 
                Authorization Act or section 6002 of the 1999 
                Emergency Supplemental Appropriations Act, 
                Public Law 106-59, or the Wendell H. Ford 
                Aviation Investment and Reform Act for the 21st 
                Century or the Aviation and Transportation 
                Security Act or the Vision 100--Century of 
                Aviation Reauthorization Act or any joint 
                resolution making continuing appropriations for 
                the fiscal year 2008 or the Department of 
                Transportation Appropriations Act, 2008 or the 
                Airport and Airway Extension Act of 2008 or the 
                Federal Aviation Administration Extension Act 
                of 2008 or the Federal Aviation Administration 
                Extension Act of 2008, Part II or the Federal 
                Aviation Administration Extension Act of 2009 
                or any joint resolution making continuing 
                appropriations for the fiscal year 2010 or the 
                Fiscal Year 2010 Federal Aviation 
                Administration Extension Act or the Fiscal Year 
                2010 Federal Aviation Administration Extension 
                Act, Part II or the Federal Aviation 
                Administration Extension Act of 2010 or the 
                Airport and Airway Extension Act of 2010 or the 
                Airport and Airway Extension Act of 2010, Part 
                II or the Airline Safety and Federal Aviation 
                Administration Extension Act of 2010 or the 
                Airport and Airway Extension Act of 2010, Part 
                III or the Airport and Airway Extension Act of 
                2010, Part IV or the Airport and Airway 
                Extension Act of 2011 or the Airport and Airway 
                Extension Act of 2011, Part II or the Airport 
                and Airway Extension Act of 2011, Part III or 
                the Airport and Airway Extension Act of 2011, 
                Part IV or the Airport and Airway Extension Act 
                of 2011, Part V or the Airport and Airway 
                Extension Act of 2012 or the FAA Modernization 
                and Reform Act of 2012 or the Airport and 
                Airway Extension Act of 2015 or the Airport and 
                Airway Extension Act of 2016 or the FAA 
                Extension, Safety, and Security Act of 2016 or 
                the Disaster Tax Relief and Airport and Airway 
                Extension Act of 2017 or the Airport and Airway 
                Extension Act of 2018 or the Airport and Airway 
                Extension Act of 2018, Part II or the FAA 
                Reauthorization Act of 2018[;] or the National 
                Center for the Advancement of Aviation Act of 
                2022;
                  (B) heretofore or hereafter incurred under 
                part A of subtitle VII of title 49, United 
                States Code, which are attributable to 
                planning, research and development, 
                construction, or operation and maintenance of--
                          (i) air traffic control,
                          (ii) air navigation,
                          (iii) communications, or
                          (iv) supporting services,
                for the airway system; or
                  (C) for those portions of the administrative 
                expenses of the Department of Transportation 
                which are attributable to activities described 
                in subparagraph (A) or (B).
        Any reference in subparagraph (A) to an Act shall be 
        treated as a reference to such Act and the 
        corresponding provisions (if any) of title 49, United 
        States Code, as such Act and provisions were in effect 
        on the date of the enactment of the last Act referred 
        to in subparagraph (A).
          (2) Transfers from Airport and Airway Trust Fund on 
        account of certain refunds.--The Secretary of the 
        Treasury shall pay from time to time from the Airport 
        and Airway Trust Fund into the general fund of the 
        Treasury amounts equivalent to the amounts paid after 
        August 31, 1982, in respect of fuel used in aircraft, 
        under section 6420 (relating to amounts paid in respect 
        of gasoline used on farms), 6421 (relating to amounts 
        paid in respect of gasoline used for certain nonhighway 
        purposes), or 6427 (relating to fuels not used for 
        taxable purposes) (other than subsection (l)(4) 
        thereof).
          (3) Transfers from the Airport and Airway Trust Fund 
        on account of certain section 34 credits.--The 
        Secretary of the Treasury shall pay from time to time 
        from the Airport and Airway Trust Fund into the general 
        fund of the Treasury amounts equivalent to the credits 
        allowed under section 34 (other than payments made by 
        reason of paragraph (4) of section 6427(l)) with 
        respect to fuel used after August 31, 1982. Such 
        amounts shall be transferred on the basis of estimates 
        by the Secretary of the Treasury, and proper 
        adjustments shall be made in amounts subsequently 
        transferred to the extent prior estimates were in 
        excess of or less than the credits allowed.
          (4) Transfers for refunds and credits not to exceed 
        Trust Fund revenues attributable to fuel used.--The 
        amounts payable from the Airport and Airway Trust Fund 
        under paragraph (2) or (3) shall not exceed the amounts 
        required to be appropriated to such Trust Fund with 
        respect to fuel so used.
          (5) Transfers from Airport and Airway Trust Fund on 
        account of refunds of taxes on transportation by air.--
        The Secretary of the Treasury shall pay from time to 
        time from the Airport and Airway Trust Fund into the 
        general fund of the Treasury amounts equivalent to the 
        amounts paid after December 31, 1995, under section 
        6402 (relating to authority to make credits or refunds) 
        or section 6415 (relating to credits or refunds to 
        persons who collected certain taxes) in respect of 
        taxes under sections 4261 and 4271.
          (6) Transfers from the Airport and Airway Trust Fund 
        on account of certain airports.--The Secretary of the 
        Treasury may transfer from the Airport and Airway Trust 
        Fund to the Secretary of Transportation or the 
        Administrator of the Federal Aviation Administration an 
        amount to make a payment to an airport affected by a 
        diversion that is the subject of an administrative 
        action under paragraph (3) or a civil action under 
        paragraph (4) of section 47107(m) of title 49, United 
        States Code.
  (e) Limitation on transfers to Trust Fund.--
          (1) In general.--Except as provided in paragraph (2), 
        no amount may be appropriated or credited to the 
        Airport and Airway Trust Fund on and after the date of 
        any expenditure from the Airport and Airway Trust Fund 
        which is not permitted by this section. The 
        determination of whether an expenditure is so permitted 
        shall be made without regard to--
                  (A) any provision of law which is not 
                contained or referenced in this title or in a 
                revenue Act; and
                  (B) whether such provision of law is a 
                subsequently enacted provision or directly or 
                indirectly seeks to waive the application of 
                this subsection.
          (2) Exception for prior obligations.--Paragraph (1) 
        shall not apply to any expenditure to liquidate any 
        contract entered into (or for any amount otherwise 
        obligated) before October 1, 2023, in accordance with 
        the provisions of this section.
  (f) Additional transfer to Trust Fund.--Out of money in the 
Treasury not otherwise appropriated, there is hereby 
appropriated $14,000,000,000 to the Airport and Airway Trust 
Fund.


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