S.Amdt. 2491

SA 2491. Ms. DUCKWORTH (for herself and Mr. Inhofe) submitted an
amendment intended to be proposed to amendment SA 2137 proposed by Mr.
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr.
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr.
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for
Federal-aid highways, highway safety programs, and transit programs,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place in division I, insert the
following:

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

(a) In General.--Chapter 1 of Subtitle I of title 49,
United States Code, is amended by adding at the end the
following new section:

``SEC. 118. 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 entity,
not a department, agency, or instrumentality of the United
States Government. Except as provided in subsection (f)(1),
an officer or employee of the Center is not an officer or
employee of the Federal Government.

[[Page S5849]]

``(2) Perpetual existence.--Except as otherwise provided,
the Center has 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 and 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.
``(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.
``(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 serve as ex-officio members of the
Board:

``(I) The Administrator of the Federal Aviation
Administration.
``(II) The Director of the William J. Hughes Technical
Center within the Federal Aviation Administration.
``(III) The Director of the Mike Monroney Aeronautical
Center within the Federal Aviation Administration.

``(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; and
``(cc) the Secretary of Veterans Affairs shall appoint 1
member to the Board.

``(II) Terms.--The members appointed under subclause (I)
shall serve for a term of 3 years and may be reappointed. To
ensure subsequent appointments to the Board are staggered, of
the 7 members first appointed under subclause (I), 2 shall be
appointed for a term of 1 year, 2 shall be appointed for a
term of 2 years, and 3 shall be appointed for a term of 3
years.
``(III) Consideration.--When considering whom to appoint to
the Board, the Secretary of Transportation and Secretary of
Defense shall ensure the overall composition of the Board
remains balanced between and within the fields of aviation,
finance, and academia.

``(iii) Executive director.--The Executive Director of the
Center shall be a member of the Board pursuant to paragraph
(5)(D).
``(B) Vacancies.--A vacancy on the Board shall be filled in
the same manner as the initial appointment.
``(4) Chairman of the board.--The Board shall choose a
Chairman of the Board from among the members of the Board.
``(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 clause (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, and as soon as practicable thereafter if there are
any changes, 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 shall be
subject to applicable Federal and State laws and 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
also become a member of the Board. The Executive Director
serves at the pleasure of the Board, under such terms and
conditions as the Board shall establish and is subject to
removal by the Board at its discretion. The Executive
Director shall be responsible for the daily management and
operation of the Center and for carrying out the purposes and
duties of the Center. 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.
``(c) Purpose of the Center.--The purpose of the Center is
to provide a forum to facilitate collaboration and
cooperation between aviation and aerospace private sector
stakeholders, including general, business, and commercial
aviation, education, labor, manufacturing, the Armed Forces,
and other governmental, non-governmental, and international
organizations, for the purpose of supporting and promoting
civil and military aviation and aerospace in order to address
the demands and challenges associated with ensuring a safe
and vibrant national aviation system as identified by the
Board. In furtherance of that purpose, the constitution and
bylaws of the Center shall direct the Center to focus on the
following:
``(1) The development and sustainability of a well-
qualified, well-trained civil and military aviation and
aerospace workforce.
``(2) The conduct of research and development of new
aviation and aerospace training materials and products.
``(3) The coordination of the dissemination of grants for
the development of aviation and aerospace oriented high
school STEM education curriculum.
``(4) The facilitation of collaboration between
institutions of higher education or other research
institutions engaged in aviation, aerospace or related
research or technical development, including those
institutions designated as Centers of Excellence or Test
Centers of the Federal Aviation Administration and aviation
and aerospace stakeholders.
``(5) The engagement in other workforce development
activities consistent with addressing the demands and
challenges facing the aviation and aerospace industry.
``(d) Duties of Center.--In order to accomplish the purpose
described in subsection (c), the Center shall perform the
following duties:
``(1) Support the development of aviation and aerospace
education curricula, including syllabuses and lesson plans,
for use by high schools, institutions of higher education,
secondary education institutions, or technical training and
vocational schools that are designed to prepare students to
enter the aviation or aerospace workforce by becoming
aircraft pilots, aerospace engineers, unmanned aircraft
system operators, aviation maintenance technicians, or other
aviation maintenance professionals, or to refresh the
knowledge of pilots or any of the aforementioned individuals
working in the aviation or aerospace sector.
``(2) Support the professional development of educators
using the curriculum described in paragraph (1) and
subparagraphs (A) and (B) of subsection (e)(1) by organizing
symposiums designed to assist educators who are teaching or
who wish to teach the aviation curriculum.
``(3) Promote aviation and aerospace employment
opportunities generally, including building awareness of
youth oriented aviation and aerospace programs (such as the
Civil Air Patrol, Young Eagles program, and Reserve Officers
Training Corps) and establishing scholarships,
apprenticeships, or mentorship programs for individuals,
including individuals in economically disadvantaged areas or
individuals who are underrepresented in the aviation industry
and who wish to pursue a career in an aviation- or aerospace-
related field.
``(4) Support of Armed Forces personnel seeking to
transition to a career in civil aviation or an aerospace
related field through outreach, training, apprenticeships, or
other means.
``(5) Serve as a central repository for publicly available
economic data, safety data, and research efforts related to
the aviation and aerospace sectors in order to make available
to the public information that highlights the economic impact
of aviation and aerospace and information that would improve
the safety of aviation and aerospace. The Center shall
periodically, as appropriate, publicize an analysis of such
data in an accessible format. In particular, the Center shall
coordinate with existing FAA Centers of Excellence to do the
following:

[[Page S5850]]

``(A) Ensure research and development efforts conducted at
Centers of Excellence of the Federal Aviation Administration
are tracked, collected, and amplified across the aviation and
aerospace community.
``(B) Provide a repository of pertinent recommendations or
other action items from all Centers of Excellence for public
review.
``(C) Serve as a collaborative forum for Centers of
Excellence institution researchers, stakeholders, and other
interested parties for the purpose of discussing research
efforts.
``(6) Serve as a forum, through symposiums, conferences,
and other means as appropriate, for cross-disciplinary
collaboration among aviation and aerospace stakeholders to
consider the near-term and long-term future of aviation and
aerospace generally with respect to new training materials
and products.
``(e) Grants.--
``(1) In general.--In order to accomplish the purpose under
subsection (c) and duties under subsection (d), the Center
shall have the authority and ability to issue grants to
organizations that have experience in, and knowledge of,
creating, developing, and delivering or updating--
``(A) high school aviation curricula, including syllabuses
and lesson plans, that are designed to prepare students to
become aircraft pilots, aerospace engineers, unmanned
aircraft system operators, aviation maintenance technicians,
or other aviation maintenance professionals, or to refresh
the knowledge of out-of-practice pilots or any of the
aforementioned individuals; or
``(B) aviation curricula, including syllabuses and lesson
plans, used at institutions of higher education, secondary
education institutions, or by technical training and
vocational schools, that are designed to prepare students to
become aircraft pilots, aerospace engineers, unmanned
aircraft system operators, or aviation maintenance
technicians, or to refresh the knowledge of out-of-practice
pilots or any of the aforementioned individuals.
``(2) Limitation.--No organization that receives a grant
under this subsection shall sell or make a profit from the
creation, development, delivery, or updating of 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 detail to the Center,
on a reimbursable basis, any employee of the agency or
department.
``(B) Civil service 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 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 of Directors in
furtherance of the purpose and duties of the Center.
``(3) Gifts, grants, bequests, and devises.--The Center may
accept, 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 on the Center.--
``(1) Profit.--The Center may not engage in business
activity for profit.
``(2) Stocks and dividends.--The Center may not issue stock
or declare or pay a dividend.
``(3) Political activities.--The Center shall be
nonpolitical and may not provide financial aid or assistance
to, or otherwise promote the candidacy of, an individual
seeking elective public office. 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 a member of the Board,
or an officer or employee of the Center or be distributed to
any person. This subsection does not prevent the payment of
reasonable compensation to an 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 a member of
the Board or an 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 the approval by
the Board. Members of the Board of the Center may not sit on
the advisory committee.
``(2) Membership.--The advisory committee shall consist of
15 members who represent a balance of various aviation
stakeholder groups. The advisory committee shall choose a
Chairman and Vice Chairman of the advisory committee from
among members of the advisory committee. 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 Center's activities;
``(B) provide advice to the Board on an ongoing basis
regarding the appropriate powers of the Board to accomplish
the purposes and duties of the Center;
``(C) provide data and information to the Center to aid the
Center in carrying out its duties; and
``(D) nominate United States citizens for consideration by
the Board to be honored by the Center for their work in
promoting aviation or aviation education in the United
States.
``(4) Meetings.--The provisions for meetings of the Board
under subsection (c)(1) shall apply to meetings of the
advisory committee.
``(i) Working Groups.--
``(1) In general.--The Board may establish and appoint the
membership of working groups for a time and for a specific
reason as necessary and appropriate.
``(2) Membership.--Any working group established by the
Board shall have members representing a balance of various
aviation stakeholder groups. Once established, the membership
of such working group shall choose a Chairman from among the
members of the working group.
``(3) Termination.--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
that Code.
``(l) Annual Report.--The Center shall submit an annual
report to Congress on the activities of the Center during the
prior year.
``(m) Funding.--In order to carry out this section,
notwithstanding any other provision of law, an amount equal
to 5 percent of the interest from investment credited to the
Airport and Airway Trust Fund shall be transferred annually
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.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
subtitle 1 of title 49, United States Code, is amended by
inserting after the item relating to section 117 the
following:

``118. National Center for the Advancement of Aviation.''.
______