[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 553 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 553
To establish a program to preserve and restore jobs in the aviation
manufacturing industry, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
Mr. Larsen of Washington (for himself, Mr. Estes, Mr. Smith of
Washington, Mrs. Napolitano, Mr. Carson, Miss Rice of New York, Ms.
Schrier, and Ms. Davids of Kansas) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure, 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 jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish a program to preserve and restore jobs in the aviation
manufacturing industry, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Manufacturing Jobs
Protection Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) At-risk employee group.--The term ``at-risk employee
group''--
(A) means the 25 percent of an employer's United
States workforce comprised of employees--
(i) who are most at risk of a permanent
reduction in force or furlough due to the
COVID-19 public health emergency; or
(ii) who--
(I) were previously part of a
reduction in force or furlough due to
the COVID-19 public health emergency;
and
(II) the employer would choose to
recall under the program established by
this section; but
(B) does not include--
(i) senior executive employees; or
(ii) any employee with a total compensation
level of $200,000 or more.
(2) Aviation employer.--The term ``aviation employer''
means an aviation manufacturing company.
(3) Aviation manufacturing company.--The term ``aviation
manufacturing company'' means a corporation, firm, or other
business entity that--
(A) holds a type or production certificate or
similar authorization issued under section 44704 of
title 49, United States Code;
(B) holds a certificate issued under part 145 of
title 14, Code of Federal Regulations, for maintenance,
repair, and overhaul of aircraft, aircraft engines,
components, or propellers; or
(C) under contract or subcontract, produces
components, parts, or systems of aircraft, aircraft
engines, or appliances for inclusion in an aircraft,
aircraft engine, or appliance.
(4) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
with respect to the 2019 Novel Coronavirus.
(5) Senior executive employee.--The term ``senior executive
employee'' means a chief executive officer, chief operating
officer, or chief financial officer.
(6) Total compensation level.--The term ``total
compensation level'' means salary, bonuses, awards of stock,
and other financial benefits of an employee, excluding overtime
and premium pay, as of April 1, 2020.
SEC. 3. PAYROLL SUPPORT EXTENSION PROGRAM.
(a) In General.--The Secretary of Transportation, in coordination
with other appropriate Federal departments or agencies, shall establish
a payroll support extension program to enter into agreements with
aviation employers to provide a 50 percent share for the compensation,
benefits, and training of at-risk employee groups financially impacted
by the COVID-19 public health emergency.
(b) Procedures.--Not later than 10 days after the date of enactment
of this Act, the Secretary shall establish, and make available to the
public, procedures for application and minimum eligibility requirements
for participation in the program established under subsection (a).
(c) Compensation Contributions.--Under the program established
under this section, the Secretary may enter into agreements to provide
a 50 percent contribution to ensure the total compensation level of the
at-risk employee group of an aviation employer for any period beginning
on or after April 1, 2020, and ending not later than April 30, 2023.
(d) Eligibility.--The Secretary may enter into an agreement with an
aviation employer under this section if the Secretary determines that--
(1) the aviation employer has experienced at least a 15
percent decline in revenues between October 1, 2019, and
October 1, 2020;
(2) the aviation employer has an identifiable at-risk
employee group;
(3) the aviation employer agrees to provide the non-Federal
share of the agreement under this section;
(4) the aviation employer provides a written justification
for the need for assistance, including the size of the at-risk
employee group and a description of the economic conditions of
the company that make Federal assistance necessary under this
section; and
(5) receipt of assistance under this section will reduce
the likelihood of a permanent reduction in force or furlough,
or facilitate the retention or recall, of the at-risk employee
group of the aviation employer.
(e) Requirements.--An agreement entered into under this section
shall require that--
(1) the aviation employer may not carry out any permanent
reduction in force or furlough of employees in the at-risk
employee group for the duration of the agreement, subject to
the aviation employer's right to discipline or terminate an
employee in accordance with policies of the aviation employer;
(2) assistance provided under this section may not be used
for stock buybacks or to pay out dividends;
(3) assistance provided under this section shall be used
solely for the purpose of providing compensation, benefits, and
training of the at-risk employee group;
(4) the aviation employer may not--
(A) circumvent or abrogate a collective bargaining
agreement, including any training provided for in such
agreement; or
(B) move jobs assisted by this program out of the
United States;
(5) the aviation employer may only provide compensation,
benefits, and training to United States-based employees; and
(6) restore the rights and protections for returning
employees as if such employees had not been involuntarily
furloughed.
(f) Duration of Agreement.--An agreement entered into under this
section shall be for a period not to exceed 6 months, and may be
renewed for a period of 2 years, at the discretion of the Secretary, so
long as the Secretary recertifies such agreement every 6 months.
(g) Federal Share.--The Federal share of assistance provided to an
aviation employer under an agreement entered into pursuant to this
section shall not exceed 50 percent.
(h) Multiple Agreements.--The Secretary may enter into multiple
agreements with an aviation employer under this section, except that
the total assistance shall not exceed beyond the applicable at-risk
employee group.
(i) Coordination With Employee Retention Credit.--The Secretary
shall not enter into any agreement under this section with an employer
who was allowed a credit under section 2301 of the CARES Act for any
calendar quarter ending before such agreement is entered into and such
section 2301 shall not apply to any employer who enters into any
agreement under this section.
(j) Report.--An aviation employer entering into an agreement under
this section shall submit to Congress, after submission to the
Secretary for review, on the implementation and allocation of funds
provided pursuant to this section.
(k) Tax Treatment.--For purposes of the Internal Revenue Code of
1986, any public partner contribution provided by the Secretary under
this section which is received by any employee shall be included in the
gross income of such employee and no deduction shall be allowed under
such Code to the employer with respect to any such contribution.
(l) Termination.--
(1) Sunset.--The authority established by this Act shall
end on April 30, 2023.
(2) Agreement duration.--No agreement may be entered into
under this section that provides for assistance after April 30,
2023.
(m) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000,000 to carry out this Act.
<all>