Private-Public Partnership to Preserve Jobs in the Aviation Manufacturing Industry Act of 2020

II 116TH CONGRESS 2D SESSION S. 3705 To establish a private-public partnership to preserve jobs in the aviation manufacturing industry, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 13, 2020 Mr. MORAN (for himself and Mr. WARNER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a private-public partnership to preserve jobs in the aviation manufacturing industry, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Private-Public Part- 4 nership to Preserve Jobs in the Aviation Manufacturing 5 Industry Act of 2020’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 VerDate Sep 11 2014 03:58 May 30, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3705.IS S3705 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3705 IS (1) AT-RISK EMPLOYEE GROUP.—The term ‘‘at- 1 risk employee group’’ means the portion of an em- 2 ployer’s United States workforce (hourly or exempt), 3 that— 4 (A) does not exceed 25 percent of the em- 5 ployer’s total United States workforce; and 6 (B) is currently at risk of a permanent re- 7 duction in force or furlough, but for the relief 8 provided for in this Act. 9 (2) AVIATION MANUFACTURING COMPANY.— 10 The term ‘‘aviation manufacturing company’’ means 11 those businesses that hold a Federal Aviation Ad- 12 ministration Production or Repair Station Certifi- 13 cate or other similar authorization from the Federal 14 Aviation Administration, and as the Secretary may 15 determine, may include suppliers of such businesses. 16 (3) COVID–19 PUBLIC HEALTH EMERGENCY.— 17 The term ‘‘COVID–19 public health emergency’’ 18 means the public health emergency with respect to 19 the 2019 Novel Coronavirus. 20 (4) EMPLOYEE.—Except where the context oth- 21 erwise requires, the term ‘‘employee’’ means any in- 22 dividual employed by an employer. 23 VerDate Sep 11 2014 03:58 May 30, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3705.IS S3705 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3705 IS (5) EMPLOYER.—Except where the context oth- 1 erwise requires, the term ‘‘employer’’ means an avia- 2 tion manufacturing company. 3 (6) PRIVATE PARTNER CONTRIBUTION.—The 4 term ‘‘private partner contribution’’ means the con- 5 tribution funded by the employer under this Act to 6 maintain a minimum of 50 percent of the at-risk 7 employee group’s total compensation level, and com- 8 bined with the public partner contribution, is suffi- 9 cient to maintain the total compensation level for the 10 at-risk employee group as of April 1, 2020. 11 (7) PUBLIC PARTNER CONTRIBUTION.—The 12 term ‘‘public partner contribution’’ means the con- 13 tribution funded by the Federal Government under 14 this Act to provide not more than 50 percent of the 15 at-risk employees group’s total compensation level, 16 and combined with the private partner contribution, 17 is sufficient to maintain the total compensation level 18 for those in the at-risk employee group as of April 19 1, 2020. 20 (8) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of the Treasury, or the designee of the 22 Secretary of the Treasury. 23 (9) TOTAL COMPENSATION LEVEL.—The term 24 ‘‘total compensation level’’ means the level of total 25 VerDate Sep 11 2014 03:58 May 30, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3705.IS S3705 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3705 IS base compensation and benefits of an employee, ex- 1 cluding overtime and premium pay, as of April 1, 2 2020. 3 SEC. 3. PRIVATE-PUBLIC PARTNERSHIP. 4 (a) IN GENERAL.—Notwithstanding any other provi- 5 sion of law, to help ensure the continued retention of em- 6 ployees in the aviation manufacturing industry impacted 7 by the COVID–19 public health emergency, the Secretary 8 is authorized to partner with employers to supplement 9 compensation of employees financially impacted by the 10 COVID–19 public health emergency and to facilitate the 11 effective economic recovery of the aviation manufacturing 12 industry. 13 (b) PROCEDURES.—As soon as practicable, but in no 14 case not later than 10 days after the date of enactment 15 of this Act, the Secretary shall publish procedures for ap- 16 plication and minimum eligibility requirements for partici- 17 pation in the private-public partnership program author- 18 ized under this Act. Nothing in the preceding sentence 19 shall be construed as prohibiting the Secretary from pub- 20 lishing such supplements to the initially published proce- 21 dures as the Secretary determines necessary. 22 (c) TERMS AND CONDITIONS.—Upon application and 23 certification, the Secretary may partner with an aviation 24 manufacturing company to provide to the employer a pub- 25 VerDate Sep 11 2014 03:58 May 30, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3705.IS S3705 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3705 IS lic partner contribution, that together with the private 1 partner contribution, shall constitute an amount sufficient 2 to maintain the total compensation level of the at-risk em- 3 ployee group, for a period not to exceed 1 year, if the Sec- 4 retary determines that— 5 (1) the employer establishes that economic con- 6 ditions as of the date of the application would make 7 necessary a permanent reduction or furlough of a 8 portion of its workforce devoted to aviation manufac- 9 turing; 10 (2) there is an identifiable at-risk employee 11 group; 12 (3) the employer agrees to fund the private 13 partner contribution for as long as it is accepting 14 the public partner contribution (and, in the event 15 circumstances dictate that the employer cease its 16 participation in this program early, the employer 17 agrees and shall notify the Secretary that there shall 18 be no further obligation of the Secretary to fund the 19 public partner contribution); 20 (4) participation in the private-public partner- 21 ship will reduce the likelihood of a permanent reduc- 22 tion in force or furlough of the at-risk employee 23 group; 24 VerDate Sep 11 2014 03:58 May 30, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3705.IS S3705 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3705 IS (5) the employer commits to refrain from any 1 permanent reduction in force or furlough of employ- 2 ees in the at-risk employee group for as long as it 3 accepts public partner contributions for that group, 4 subject to the employer’s right to discipline or termi- 5 nate an employee in accordance with employer pol- 6 icy; 7 (6) the employer shall use the public partner 8 contribution solely for the purpose of providing com- 9 pensation and benefits of the at-risk employee group 10 and for no other purpose; and 11 (7) the public partner contribution shall be uti- 12 lized solely for compensation of United States-based 13 employees. 14 (d) AUTHORITY FOR PUBLIC PARTNER CONTRIBU- 15 TIONS.—The Secretary is hereby authorized to enter into 16 agreements and to provide public partner contributions as 17 envisioned under this Act. Such public partner contribu- 18 tions combined together with the private partner contribu- 19 tion shall be in an amount sufficient to maintain the total 20 compensation level for the at-risk employee group as of 21 April 1, 2020, for a term to be agreed, but for a duration 22 lasting no more than 1 year. 23 (e) NO LIMIT ON NUMBER AGREEMENTS WITH AN 24 EMPLOYER.—An employer may seek and be granted pub- 25 VerDate Sep 11 2014 03:58 May 30, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3705.IS S3705 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3705 IS lic partner contributions under this Act on multiple occa- 1 sions. 2 (f) COORDINATION WITH SECRETARY OF TRANSPOR- 3 TATION.—In implementing this section, the Secretary 4 shall coordinate with the Secretary of Transportation. 5 (g) TERMINATION.—The authority established by 6 this Act, and any agreement entered into by the Secretary 7 under this Act, shall end on April 30, 2021. 8 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 9 There is authorized to be appropriated, such sums 10 as may be necessary to carry out this Act. 11 Æ VerDate Sep 11 2014 03:58 May 30, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S3705.IS S3705 kjohnson on DSK79L0C42PROD with BILLS