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H.R. 8002, A Bill To Preserve Jobs in the Aviation Manufacturing Industry

Summary

H.R. 8002 is a bill of the 116th Congress, 2d Session, introduced in the House of Representatives on August 11, 2020 by Estes, Larsen of Washington and others, and referred to Financial Services and in addition to Ways and Means. Its stated purpose is to establish a program to preserve jobs in the aviation manufacturing industry. Section 3 directs the Secretary of the Treasury, in coordination with the Secretary of Transportation, to set up a payroll support extension program under which agreements provide up to a 50 percent share of compensation for an at-risk employee group, defined as 25 percent of an employer's United States workforce. Assistance may not be used for stock buybacks or dividends, and the authority ends April 30, 2022.

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Issuer
Congressional materials
Document type
Bills 116Hr8002Ih 01C89C2Ae211
Case
Bills 116Hr8002Ih 01C89C2Ae211

Cite this document

“H.R. 8002, A Bill To Preserve Jobs in the Aviation Manufacturing Industry.” Original at docs.house.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-116hr8002ih-01c89c2ae211/, SHA-256 01c89c2ae211e6f98744a3666994bad363f53526bd681d912929e14c913e3dee.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 8002
                                                                             To establish a program to preserve jobs in the aviation manufacturing
                                                                                               industry, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                     AUGUST 11, 2020
                                                                       Mr. ESTES (for himself, Mr. LARSEN of Washington, Mr. MARSHALL, Mr.
                                                                           COLE, Mr. CONNOLLY, Ms. DAVIDS of Kansas, Ms. SCHRIER, and Mr.
                                                                           CARBAJAL) introduced the following bill; which was referred to the Com-
                                                                           mittee on Financial Services, and in addition to the Committee on Ways
                                                                           and Means, for a period to be subsequently determined by the Speaker,
                                                                           in each case for consideration of such provisions as fall within the juris-
                                                                           diction of the committee concerned




                                                                                                                 A BILL
                                                                             To establish a program to preserve jobs in the aviation
                                                                                manufacturing industry, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Aviation Manufac-
                                                                         5 turing Jobs Protection Act of 2020’’.
                                                                         6     SEC. 2. DEFINITIONS.




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                                                                         7              In this Act:




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                                                                         1                       (1) AT-RISK EMPLOYEE GROUP.—The term ‘‘at-
                                                                         2              risk employee group’’ means—
                                                                         3                                 (A) the 25 percent of an employer’s United
                                                                         4                       States workforce that is most at risk of a per-
                                                                         5                       manent reduction in force or furlough due to
                                                                         6                       the COVID–19 public health emergency; but
                                                                         7                                 (B) does not include senior executive em-
                                                                         8                       ployees.
                                                                         9                       (2) AVIATION EMPLOYER.—The term ‘‘aviation
                                                                       10               employer’’ means an aviation manufacturing com-
                                                                       11               pany.
                                                                       12                        (3) AVIATION                     MANUFACTURING                    COMPANY.—

                                                                       13               The term ‘‘aviation manufacturing company’’ means
                                                                       14               a corporation, firm, or other business entity that—
                                                                       15                                  (A) holds a type or production certificate
                                                                       16                        or similar authorization issued under section
                                                                       17                        44704 of title 49, United States Code;
                                                                       18                                  (B) holds a certificate issued under part
                                                                       19                        145 of title 14, Code of Federal Regulations,
                                                                       20                        for maintenance, repair, and overhaul of air-
                                                                       21                        craft, aircraft engines, components, or propel-
                                                                       22                        lers; or
                                                                       23                                  (C) under contract or subcontract, pro-




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                                                                       24                        duces components, parts, or systems of aircraft,




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                                                                         1                       aircraft engines, or appliances for inclusion in
                                                                         2                       an aircraft, aircraft engine, or appliance.
                                                                         3                       (4) COVID–19 PUBLIC HEALTH EMERGENCY.—
                                                                         4              The term ‘‘COVID–19 public health emergency’’
                                                                         5              means the public health emergency with respect to
                                                                         6              the 2019 Novel Coronavirus.
                                                                         7                       (5) SENIOR EXECUTIVE EMPLOYEE.—The term
                                                                         8              ‘‘senior executive employee’’ means a chief executive
                                                                         9              officer, chief operating officer, or chief financial offi-
                                                                       10               cer.
                                                                       11                        (6) TOTAL COMPENSATION LEVEL.—The term
                                                                       12               ‘‘total compensation level’’ means the level of total
                                                                       13               base compensation and benefits of an employee, ex-
                                                                       14               cluding overtime and premium pay, as of April 1,
                                                                       15               2020.
                                                                       16      SEC. 3. PAYROLL SUPPORT EXTENSION PROGRAM.

                                                                       17               (a) IN GENERAL.—The Secretary of the Treasury, in
                                                                       18 coordination with the Secretary of Transportation, shall
                                                                       19 establish a payroll support extension program to enter into
                                                                       20 agreements with aviation employers to provide up to a 50
                                                                       21 percent share for the compensation of employees finan-
                                                                       22 cially impacted by the COVID–19 public health emer-
                                                                       23 gency.




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                                                                       24               (b) PROCEDURES.—Not later than 10 days after the
                                                                       25 date of enactment of this Act, the Secretary shall estab-


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                                                                         1 lish, and make available to the public, procedures for ap-
                                                                         2 plication and minimum eligibility requirements for partici-
                                                                         3 pation in the program established under subsection (a).
                                                                         4              (c) COMPENSATION CONTRIBUTIONS.—Under the
                                                                         5 program established under this section, the Secretary may
                                                                         6 enter into agreements to provide up to a 50 percent con-
                                                                         7 tribution to ensure the total compensation level of the at-
                                                                         8 risk employee group of an aviation employer for any period
                                                                         9 beginning on or after April 1, 2020, and ending not later
                                                                       10 than April 30, 2022.
                                                                       11               (d) ELIGIBILITY.—The Secretary may enter into an
                                                                       12 agreement with an aviation employer under this section
                                                                       13 if the Secretary determines that—
                                                                       14                        (1) the aviation employer establishes that eco-
                                                                       15               nomic conditions as of the date of the application for
                                                                       16               assistance under this section make necessary a per-
                                                                       17               manent reduction or furlough of a portion of the
                                                                       18               workforce of such employer that is devoted to avia-
                                                                       19               tion manufacturing;
                                                                       20                        (2) the aviation employer has an identifiable at-
                                                                       21               risk employee group;
                                                                       22                        (3) the aviation employer agrees to provide the
                                                                       23               non-Federal share of the agreement under this sec-




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                                                                       24               tion; and




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                                                                         1                       (4) receipt of assistance under this section will
                                                                         2              reduce the likelihood of a permanent reduction in
                                                                         3              force or furlough of the at-risk employee group of
                                                                         4              the aviation employer.
                                                                         5              (e) REQUIREMENTS.—An agreement entered into
                                                                         6 under this section shall require that—
                                                                         7                       (1) the aviation employer may not carry out
                                                                         8              any permanent reduction in force or furlough of em-
                                                                         9              ployees in the at-risk employee group for the dura-
                                                                       10               tion of the agreement, subject to the aviation em-
                                                                       11               ployer’s right to discipline or terminate an employee
                                                                       12               in accordance with policies of the aviation employer;
                                                                       13                        (2) assistance provided under this section may
                                                                       14               not be used for stock buybacks or to pay out divi-
                                                                       15               dends;
                                                                       16                        (3) assistance provided under this section shall
                                                                       17               be used solely for the purpose of providing com-
                                                                       18               pensation and benefits of the at-risk employee
                                                                       19               group;
                                                                       20                        (4) the aviation employer may not—
                                                                       21                                  (A) circumvent or abrogate a collective
                                                                       22                        bargaining agreement at a partner company; or
                                                                       23                                  (B) move jobs assisted by this program out




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                                                                       24                        of the United States; and




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                                                                         1                       (5) the aviation employer may only provide
                                                                         2              compensation to United States-based employees.
                                                                         3              (f) DURATION OF AGREEMENT.—An agreement en-
                                                                         4 tered into under this section shall be for a period not to
                                                                         5 exceed 6 months, and may be renewed for a period of 2
                                                                         6 years, at the discretion of the Secretary, so long as the
                                                                         7 Secretary recertifies such agreement every 6 months.
                                                                         8              (g) FEDERAL SHARE.—The Federal share of assist-
                                                                         9 ance provided to an aviation employer under an agreement
                                                                       10 entered into pursuant to this section shall not exceed 50
                                                                       11 percent.
                                                                       12               (h) MULTIPLE AGREEMENTS.—The Secretary may
                                                                       13 enter into multiple agreements with an aviation employer
                                                                       14 under this section, except that the total assistance shall
                                                                       15 not exceed beyond the applicable at-risk employee group.
                                                                       16               (i) COORDINATION WITH EMPLOYEE RETENTION
                                                                       17 CREDIT.—The Secretary shall not enter into any agree-
                                                                       18 ment under this section with an employer who was allowed
                                                                       19 a credit under section 2301 of the CARES Act for any
                                                                       20 calendar quarter ending before such agreement is entered
                                                                       21 into and such section 2301 shall not apply to any employer
                                                                       22 who enters into any agreement under this section.
                                                                       23               (j) REPORT.—An aviation employer entering into an




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                                                                       24 agreement under this section shall submit to Congress,
                                                                       25 after submission to the Secretary for review, on the imple-


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                                                                         1 mentation and allocation of funds provided pursuant to
                                                                         2 this section.
                                                                         3              (k) TAX TREATMENT.—For purposes of the Internal
                                                                         4 Revenue Code of 1986, any public partner contribution
                                                                         5 provided by the Secretary under this section which is re-
                                                                         6 ceived by any employee shall be included in the gross in-
                                                                         7 come of such employee and no deduction shall be allowed
                                                                         8 under such Code to the employer with respect to any such
                                                                         9 contribution.
                                                                       10               (l) TERMINATION.—
                                                                       11                        (1) SUNSET.—The authority established by this
                                                                       12               Act shall end on April 30, 2022.
                                                                       13                        (2) AGREEMENT                        DURATION.—No                        agreement
                                                                       14               may be entered into under this section that provides
                                                                       15               for assistance after April 30, 2022.
                                                                                                                                  Æ




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