49 U.S.C. § 40132

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 40132 - National strategic plan for aviation workforce development
(a) IN GENERAL.-Not later than September 30, 2025, the Secretary of Transportation shall, in consultation with other Federal agencies and the Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Council (in this section referred to as the "CAREER Council") established in subsection (c), establish and maintain a national strategic plan to improve recruitment, hiring, and retention and address projected challenges in the civil aviation workforce, including-
(1) any short-term, medium-term, and long-term workforce challenges relevant to the economy, workforce readiness, and priorities of the United States aviation sector;
(2) any existing or projected workforce shortages; and
(3) any workforce situation or condition that warrants special attention by the Federal Government.
(b) REQUIREMENTS.-The national strategic plan described in subsection (a) shall-
(1) take into account the activities and accomplishments of all Federal agencies that are related to carrying out such plan;
(2) include recommendations for carrying out such plan; and
(3) project and identify, on an annual basis, aviation workforce challenges, including any applicable workforce shortages.
(c) CAREER COUNCIL.-
(1) ESTABLISHMENT.-Not later than September 30, 2025, the Secretary, in consultation with the Administrator, shall establish a council comprised of individuals with expertise in the civil aviation industry to-
(A) assist with developing and maintaining the national strategic plan described in subsection (a); and
(B) provide advice to the Secretary, as appropriate, relating to the CAREER Program established under section 625 of the FAA Reauthorization Act of 2018, including as such advice relates to program administration and grant application selection, and support the development of performance metrics regarding the quality and outcomes of the Program.
(2) APPOINTMENT.-The CAREER Council shall be appointed by the Secretary from candidates nominated by national associations representing various sectors of the aviation industry, including-
(A) commercial aviation;
(B) general aviation;
(C) aviation labor organizations, including collective bargaining representatives of Federal Aviation Administration aviation safety inspectors, aviation safety engineers, and air traffic controllers;
(D) aviation maintenance, repair, and overhaul;
(E) aviation manufacturers; and
(F) unmanned aviation.
(3) TERM.-Each council member appointed by the Secretary under paragraph (2) shall serve a term of 2 years.
(d) NONDELEGATION.-The Secretary may not delegate any of the authorities or responsibilities under this section to the Administrator of the Federal Aviation Administration.

49 U.S.C. § 40132

Added Pub. L. 118-63, title IV, §441(a), May 16, 2024, 138 Stat. 1184.

EDITORIAL NOTES

REFERENCES IN TEXTSection 625 of the FAA Reauthorization Act of 2018, referred to in subsec. (c)(1)(B), is section 625 of Pub. L. 115-254 which is set out as a note under section 40101 of this title.

STATUTORY NOTES AND RELATED SUBSIDIARIES

PILOT PROGRAM TO PROVIDE VETERANS WITH PILOT TRAINING SERVICES Pub. L. 118-63, title IV, §418, May 16, 2024, 138 Stat. 1162, provided that:"(a) IN GENERAL.-The Secretary [of Transportation], in consultation with the Secretary of Education and the Secretary of Veterans Affairs, shall establish a pilot program to provide grants to eligible entities to provide pilot training activities and related education to support a pathway for veterans to become commercial aviators."(b) ELIGIBLE ENTITY.-In this section, the term 'eligible entity' means a pilot school or provisional pilot school that-"(1) holds an Air Agency Certificate under part 141 of title 14, Code of Federal Regulations; and"(2) has an established employment pathway with at least 1 air carrier operating under part 121 or 135 of title 14, Code of Federal Regulations."(c) PRIORITY APPLICATION.-In selecting eligible entities under this section, the Secretary shall prioritize eligible entities that meet the following criteria:"(1) An eligible entity accredited (as defined in section 61.1 of title 14, Code of Federal Regulations) by an accrediting agency recognized by the Secretary of Education."(2) An eligible entity that holds a letter of authorization issued in accordance with section 61.169 of title 14, Code of Federal Regulations."(d) USE OF FUNDS.-Amounts from a grant received by an eligible entity under the pilot program established under subsection (a) shall be used for the following:"(1) Administrative costs related to implementation of the program described in subsection (a) not to exceed 5 percent of the amount awarded."(2) To provide guidance and pilot training services, including tuition and flight training fees for veterans enrolled with an eligible entity, to support such veterans in obtaining any of the following pilot certificates and ratings: "(A) Private pilot certificate with airplane single-engine or multi-engine ratings."(B) Instrument rating. "(C) Commercial pilot certificate with airplane single-engine or multi-engine ratings."(D) Multi-engine rating. "(E) Certificated flight instructor single-engine certificate, if applicable to the degree sought."(F) Certificated flight instructor multi-engine certificate, if applicable to the degree sought."(G) Certificated flight instructor instrument certificate, if applicable to the degree sought."(3) To provide educational materials, training materials, and equipment to support pilot training activities and related education for veterans enrolled with the eligible entity."(4) To provide periodic reports to the Secretary on use of the grant funds, including documentation of training completion of the certificates and ratings described in subparagraphs (A) through (G) of paragraph (2)."(e) AWARD AMOUNT LIMIT.-An award granted to an eligible entity shall not exceed more than $750,000 in any given fiscal year."(f) APPROPRIATIONS.-To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2025 through 2028."

AVIATION WORKFORCE DEVELOPMENT PROGRAMS Pub. L. 115-254, div. B, title VI, §625, Oct. 5, 2018, 132 Stat. 3405, as amended by Pub. L. 116-92, div. A, title XVII, §1743(a), Dec. 20, 2019, 133 Stat. 1842; Pub. L. 118-63, title IV, §440(a), May 16, 2024, 138 Stat. 1179, provided that:"(a) IN GENERAL.-The Secretary of Transportation shall establish-"(1) a program to provide grants for eligible projects to support the education and recruitment of future aircraft pilots and the development of the aircraft pilot workforce;"(2) a program to provide grants for eligible projects to support the education and recruitment of aviation maintenance technical workers and the development of the aviation maintenance workforce; and"(3) a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and aerospace engineers and the development of the aviation manufacturing workforce."(b) PROJECT GRANTS.- "(1) IN GENERAL.-Out of amounts made available under section 48105 of title 49, United States Code, there is authorized to be appropriated- "(A) $20,000,000 for each of fiscal years 2025 through 2028 to provide grants under the program established under subsection (a)(1); "(B) $20,000,000 for each of fiscal years 2025 through 2028 to provide grants under the program established under subsection (a)(2); and "(C) $20,000,000 for each of fiscal years 2025 through 2028 to provide grants under the program established under subsection (a)(3). "(2) DOLLAR AMOUNT LIMIT.-In providing grants under the programs established under subsection (a), the Secretary may not make any grant more than $1,000,000 to any eligible entity in any 1 fiscal year. "(3) EDUCATION PROJECTS.-The Secretary [of Transportation] shall ensure that not less than 20 percent of the amounts made available under this subsection is used to carry out a grant program that shall be referred to as the 'Willa Brown Aviation Education Program' under which the Secretary shall provide grants for eligible projects described in subsection (d) that are carried out in counties containing at least 1 qualified opportunity zone (as such term is defined in section 1400Z-1(a) of the Internal Revenue Code of 1986 [26 U.S.C. 1400Z-1(a)] )."(4) SET ASIDE FOR TECHNICAL ASSISTANCE.-The Secretary may set aside up to 2 percent of the funds appropriated to carry out this subsection for each of fiscal years 2025 through 2028 to provide technical assistance to eligible applicants for a grant under this subsection."(5) CONSIDERATION FOR CERTAIN APPLICANTS.-In reviewing and selecting applications for grants under the programs established under subsection (a), the Secretary may give consideration to applicants that provide an assurance-"(A) to use grant funds to encourage the participation of populations that are underrepresented in the aviation industry, including in economically disadvantaged geographic areas and rural communities;"(B) to address the workforce needs of rural and regional airports; or"(C) to strengthen aviation programs at a minority-serving institution (as described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), a public institution of higher education, or a public postsecondary vocational institution."(c) ELIGIBLE APPLICATIONS.- "(1) APPLICATION FOR AIRCRAFT PILOT PROGRAM.-An application for a grant under the program established under subsection (a)(1) may be submitted, in such form as the Secretary may specify, by-"(A) an air carrier (as such term is defined in section 40102 of title 49, United States Code);"(B) an entity that holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations; "(C) an accredited institution of higher education, a postsecondary vocational institution, or a high school or secondary school; "(D) a flight school that provides flight training, as such term is 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;"(E) a labor organization representing professional aircraft pilots;"(F) an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] that is exempt from taxation under section 501(a) of such Code; or"(G) a State, local, territorial, or Tribal governmental entity."(2) APPLICATION FOR AVIATION MAINTENANCE PROGRAM.-An application for a grant under the program established under subsection (a)(2) may be submitted, in such form as the Secretary may specify, by-"(A) a holder of a certificate issued under part 21, 121, 135, 145, or 147 of title 14, Code of Federal Regulations; "(B) a labor organization representing aviation maintenance workers;"(C) an accredited institution of higher education, a postsecondary vocational institution, or a high school or secondary school;"(D) an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; or "(E) a State, local, territorial, or Tribal governmental entity."(3) APPLICATION FOR AVIATION MANUFACTURING PROGRAM.-An application for a grant under the program established under subsection (a)(3) may be submitted, in such form as the Secretary may specify, by-"(A) a holder of a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code;"(B) an accredited institution of higher education, a postsecondary vocational institution, or a high school or secondary school;"(C) an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code;"(D) a labor organization representing aerospace engineering, design, or manufacturing workers; or"(E) a State, local, territorial, or Tribal governmental entity."(d) ELIGIBLE PROJECTS.-"(1) AIRCRAFT PILOT PROGRAM.-For purposes of the program established under subsection (a)(1), an eligible project is a project-"(A) to create and deliver a program or curriculum that provides high school or secondary school students and students of institutions of higher education with meaningful aviation education to become aircraft pilots or unmanned aircraft systems operators, including purchasing and operating a computer-based simulator associated with such curriculum;"(B) to establish or improve registered apprenticeship, internship, or scholarship programs for individuals pursuing employment as a professional aircraft pilot or unmanned aircraft systems operator;"(C) to create and deliver curriculum that provides certified flight instructors with the necessary instructional, leadership, and communication skills to better educate student pilots;"(D) to support the transition to professional aircraft pilot or unmanned systems operator careers, including for members and veterans of the armed forces;"(E) to support robust outreach about careers in commercial aviation as a professional aircraft pilot or unmanned system operator, including outreach to populations that are underrepresented in the aviation industry; or"(F) to otherwise enhance or expand the aircraft pilot or unmanned aircraft system operator workforce. "(2) AVIATION MAINTENANCE PROGRAM.-For purposes of the program established under subsection (a)(2), an eligible project is a project-"(A) to create and deliver a program or curriculum that provides high school and secondary school students and students of institutions of higher education with meaningful aviation maintenance education to become an aviation mechanic or aviation maintenance technician, including purchasing and operating equipment associated with such curriculum; "(B) to establish or improve registered apprenticeship, internship, or scholarship programs for individuals pursuing employment in the aviation maintenance industry;"(C) to support the transition to aviation maintenance careers, including for members and veterans of the armed forces;"(D) to support robust outreach about careers in the aviation maintenance industry, including outreach to populations that are underrepresented in the aviation industry; or"(E) to otherwise enhance or expand the aviation maintenance technical workforce."(3) AVIATION MANUFACTURING PROGRAM.-For purposes of the program established under subsection (a)(3), an eligible project is a project-"(A) to create and deliver a program or curriculum that provides high school and secondary school students and students of institutions of higher education with meaningful aviation manufacturing education to become an aviation manufacturing technical worker or aerospace engineer, including teaching technical skills used in the engineering and production of components, parts, or systems thereof for inclusion in an aircraft, aircraft engine, propeller, or appliance;"(B) to establish registered apprenticeship, internship, or scholarship programs for individuals pursuing employment in the aviation manufacturing industry;"(C) to support the transition to aviation manufacturing careers, including for members and veterans of the armed forces;"(D) to support robust outreach about careers in the aviation manufacturing industry, including outreach to populations that are underrepresented in the aviation industry; or"(E) to otherwise enhance or expand the aviation manufacturing workforce. "(e) REPORTING AND MONITORING REQUIREMENTS.-The Secretary shall establish reasonable reporting and monitoring requirements for grant recipients under this section to measure relevant outcomes for the grant programs established under subsection (a)."(f) NOTICE OF GRANTS.-"(1) TIMELY PUBLIC NOTICE.-The Secretary shall provide public notice of any grant awarded under this section in a timely fashion after the Secretary awards such grant."(2) NOTICE TO CONGRESS.-The Secretary shall provide to the appropriate Committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] advance notice of a grant to be made under this section."(g) Grant Authority.-"(1) LIMIT ON FAA AUTHORITY.-The authority of the Administrator of the Federal Aviation Administration, acting on behalf of the Secretary, to issue grants under this section shall terminate on October 1, 2027."(2) NONDELEGATION.-Beginning on October 1, 2027, the Secretary shall issue grants under this section and may not delegate any of the authorities or responsibilities under this section to the Administrator."(h) PROGRAM NAME REDESIGNATION.-Beginning on October 1, 2027, the Secretary shall redesignate the name of the program established under subsection (a) as the 'Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program' or the 'CAREER Program'."(i) CONSULTATION WITH SECRETARY OF EDUCATION.-The Secretary may consult with the Secretary of Education, as appropriate, in-"(1) reviewing applications for grants for eligible projects under this section; and"(2) developing considerations regarding program quality and measurement of student outcomes."(j) REPORT.-Not later than September 30, 2028, the Secretary shall submit to the appropriate committees of Congress a report on the administration of the programs established under subsection (a) covering each of fiscal years 2025 through 2028 that includes-"(1) a summary of projects awarded grants under this section and the progress of each recipient towards fulfilling program expectations;"(2) an evaluation of how such projects cumulatively impact the future supply of individuals in the United States aviation workforce, including any related best practices for carrying out such projects;"(3) recommendations for better coordinating actions by governmental entities, educational institutions, and businesses, aviation labor organizations, or other stakeholders to support aviation workforce growth;"(4) a review of how many grant recipients engaged with veterans and the resulting impact, if applicable, on recruiting and retaining veterans as part of the aviation workforce; and"(5) a review of outreach conducted by grant recipients to encourage individuals to participate in aviation careers and the resulting impact, if applicable, on recruiting and retaining such individuals as part of the aviation workforce."(k) PROGRAM AUTHORITY SUNSET.-The authority of the Secretary to issue grants under this section shall expire on October 1, 2028."(l) DEFINITIONS.-In this section:"(1) ARMED FORCES.-The term 'armed forces' has the meaning given such term in section 101 of title 10, United States Code."(2) HIGH SCHOOL.-The term 'high school' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))."(3) INSTITUTION OF HIGHER EDUCATION.-The term 'institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))."(4) POSTSECONDARY VOCATIONAL INSTITUTION.-The term 'postsecondary vocational institution' has the meaning given such term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))."(5) SECONDARY SCHOOL.-The term 'secondary school' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))."[Pub. L. 118-63, title IV, §440(b), May 16, 2024, 138 Stat. 1184, provided that: "The amendment made by subsection (a) [amending section 625 of Pub. L. 115-254 set out above] shall take effect on October 1, 2024."][Pub. L. 116-92, div. A, title XVII, §1743(b), Dec. 20, 2019, 133 Stat. 1842, provided that: "The amendments made by subsection (a) [amending section 625 of Pub. L. 115-254 set out above] shall take effect as if included in the enactment of the FAA Reauthorization Act of 2018 (Public Law 115-254)."]