II 118th CONGRESS 1st Session S. 368 IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Kelly (for himself and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the FAA Reauthorization Act of 2018 to extend the existing aviation workforce development programs and provide grants to develop aviation manufacturing and supplier workforce, and for other purposes.

1. Short title This Act may be cited as the Aviation Workforce, Opportunity, Recruiting, Knowledge, and Supply Act or the Aviation WORKS Act . 2. Extension and expansion of aviation workforce development programs Section 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (3) a program to provide grants for eligible projects— (A) to develop the aviation manufacturing and supplier workforce; or (B) to develop and support the education of workers who design or produce any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, that— (i) is produced under a production approval issued by the Federal Aviation Administration; (ii) has been issued a design approval by the Federal Aviation Administration; or (iii) has an active application for a design approval; and (4) a program to provide grants for eligible projects to plan, establish, and expand workforce development partnership programs in the aviation and aerospace industry sector. ; (2) in subsection (b)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: (2) Subsequent funding There is authorized to be appropriated— (A) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1); (B) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); (C) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3); and (D) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(4). ; (3) in subsection (c), by adding at the end the following new paragraphs: (3) An application for a grant under the program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by— (A) an aviation company that actively designs or produces any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, covered under Federal Aviation Administration design approval or application for design approval— (i) that— (I) operates a SAE AS9100-certified process related to the design, development, or provision of an aviation product or service, including a part, component or assembly; (II) holds or operates under a type or production certificate under section 44704 of title 49, United States Code, or similar authorization; or (III) has an active type certificate application accepted by the Federal Aviation Administration; or (ii) which— (I) is established, created, or organized in the United States or under the laws of the United States; and (II) has significant operations in the United States, and a majority of its employees engaged in aviation manufacturing or development activities and services, or aviation maintenance, repair, or overhaul activities and services based in the United States; or (B) an accredited institution of higher education (as such term is defined in paragraph (1)(B)) or a high school or a secondary school (as such terms are defined in such paragraph) that has or is working to establish an aviation manufacturing program. (4) An application for a grant under the program established under subsection (a)(4) shall— (A) be submitted, in such form as the Secretary may specify, by a partnership that— (i) is an industry or sector partnership (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), or is in the process of establishing an industry or sector partnership; (ii) includes an air carrier (as such term is defined in paragraph (1)(A)), a flight school described in paragraph (1)(C), a holder of a certificate described in paragraph (2)(A), or an aviation company described in paragraph (3)(A); (iii) is comprised of multiple employers from the aviation and aerospace industry; (iv) may include not more than 1 entity that is a previous recipient of grant funding from any program established under paragraphs (1) through (3) of subsection (a), but such entity may not serve as a fiscal agent (as described in subparagraph (B)); and (v) does not include an entity that is a current recipient of grant funding from any program established under paragraphs (1) through (3) of subsection (a), unless the application demonstrates that any grant funding currently received by the entity would expire or otherwise cease prior to the receipt of the grant funding under paragraph (4) of subsection (a); (B) designate a partner from within the partnership, or an intermediary which may be a State or local workforce board or an accredited institution of higher education (as such term is defined in paragraph (1)(B)), to serve as the fiscal agent for the grant; and (C) instruct the fiscal agent designated under subparagraph (B) to, as appropriate— (i) receive funds; (ii) ensure sustained fiscal integrity and accountability for expenditures of funds in accordance with Federal Aviation Administration regulations; (iii) respond to audit financial findings; (iv) maintain proper accounting records and documentation; and (v) prepare financial reports. ; (4) in subsection (d)— (A) in paragraph (2), in the matter preceding subparagraph (A), by striking pilot ; and (B) by adding at the end the following new paragraphs: (3) For purposes of the program established under subsection (a)(3), an eligible project is a project— (A) to establish or support educational programs that teach technical skills used in aviation manufacturing, including the production of components, parts, or systems thereof for inclusion in an aircraft, aircraft engine, propeller, or appliance; (B) to establish scholarships, internships, or apprenticeships for individuals pursuing employment in the aviation manufacturing industry; (C) to support outreach about careers in the aviation manufacturing industry to— (i) primary, secondary, and post-secondary school students; or (ii) to communities underrepresented in the industry; (D) to support educational opportunities related to aviation manufacturing in economically disadvantaged geographic areas; (E) to support transition to careers in aviation manufacturing, including for members of the Armed Forces; or (F) to otherwise enhance aviation manufacturing technical education or the aviation manufacturing industry workforce. (4) For purposes of the program established under subsection (a)(4), an eligible project is a project— (A) to carry out planning and partner development activities, which may include— (i) convening key stakeholders as identified in the application process to establish or expand educational programs that teach technical skills used in pilot training, aviation maintenance, or aviation manufacturing; (ii) conducting outreach to local businesses and business associations, including activities to increase marketing and activity visibility within the community; (iii) conducting an evaluation of workforce needs in the local area; (iv) conducting survey and planning activities for partnership-related infrastructure needs; or (v) recruiting veterans of military service and individuals with barriers to employment; (B) to provide career services as described in section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(2)(A) ); (C) to provide training services as described in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(D) ); or (D) to provide services to support the success and retention of individuals who are participating in any training program established under subsection (a)(4). ; and (5) in subsection (e)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2)— (i) by striking subsection (a)(1) and inserting paragraph (1) or (2) of subsection (a) ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) ensure that the applications selected for projects established under subsection (a)(4) will allow participation from major and regional air carriers and a diverse collection of industry partners. .