National Center for the Advancement of Aviation Act of 2023

Subjects: Transportation and Public Works


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2879 Introduced in House (IH)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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