National Center for the Advancement of Aviation Act of 2023
This bill establishes the National Center for the Advancement of Aviation to (1) develop a skilled and robust U.S. aviation and aerospace workforce; (2) serve as a national independent forum to support collaboration and cooperation between governmental, nongovernmental, and aviation and aerospace industry stakeholders regarding the advancement of the U.S. aviation and aerospace workforce; 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.
The center must perform the following duties
Additionally, the center may issue grants to certain entities to, among other things, (1) establish new education programs that teach technical skills used in aviation maintenance; (2) establish scholarships, internships, or apprenticeships for individuals pursuing employment in the aviation maintenance industry; and (3) support outreach about educational opportunities and careers in the aviation maintenance industry.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2879 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2879
To establish the National Center for the Advancement of Aviation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Carson (for himself, Mr. Stauber, Mr. Allred, Mr. Bean of Florida,
Mr. Bost, Ms. Brownley, Mr. Boyle of Pennsylvania, Mr. Carbajal, Mr.
Cardenas, Mr. Cartwright, Mrs. Cherfilus-McCormick, Mr. Cohen, Ms.
Craig, Mr. Crow, Mr. Davis of Illinois, Ms. DelBene, Mr. DeSaulnier,
Ms. Escobar, Mr. Fitzpatrick, Mr. Gallagher, Mr. Guest, Mr. Higgins of
New York, Ms. Norton, Ms. Jackson Lee, Mr. Johnson of Georgia, Mr.
Keating, Mr. LaMalfa, Mr. Lynch, Mr. Mann, Mr. Molinaro, Mr. Nehls, Mr.
Obernolte, Mr. Payne, Ms. Pingree, Ms. Porter, Mr. Reschenthaler, Mr.
Rouzer, Ms. Salazar, Mr. Sarbanes, Ms. Scholten, Mr. Stanton, Mr.
Swalwell, Ms. Titus, Mr. Turner, Mr. Veasey, Ms. Williams of Georgia,
and Ms. Wilson of Florida) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committee on the Budget, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish the National Center for the Advancement of Aviation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for the Advancement
of Aviation Act of 2023''.
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;
``(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) Authorization of Appropriations.--In order to carry out this
section, there is authorized to be appropriated for fiscal year 2024
and each fiscal year thereafter an amount equal to 3 percent of the
interest from investment credited to the Airport and Airway Trust Fund.
``(o) 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.''.
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).
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E356-357)
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Aviation.
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