[Congressional Record Volume 166, Number 140 (Thursday, August 6, 2020)]
[Senate]
[Pages S5317-S5318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2624. Mr. MORAN submitted an amendment intended to be proposed to
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to
condemn gross human rights violations of ethnic Turkic Muslims in
Xinjiang, and calling for an end to arbitrary detention, torture, and
harassment of these communities inside and outside China; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __ PRIVATE-PUBLIC PARTNERSHIP TO PRESERVE JOBS IN THE AVIATION
MANUFACTURING INDUSTRY
SEC. __01. DEFINITIONS.
In this title:
(1) At-risk employee group.--The term ``at-risk employee
group'' means the portion of an employer's United States
workforce that--
(A) does not exceed 25 percent of the employer's total
United States workforce; and
(B) as of the date an application is submitted, is at risk
of a furlough or permanent reduction in force but for the
relief provided for in this title.
(2) Aviation manufacturing company.--The term ``aviation
manufacturing company'' means those businesses that hold a
Federal Aviation Administration Type Certificate, Production
Certificate, Repair Station Certificate, or other similar
authorization from the Federal Aviation Administration, and
as the Secretary may determine, may include civil aviation
suppliers of such businesses.
(3) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
with respect to the 2019 Novel Coronavirus.
(4) Employee.--The term ``employee'' has the meaning given
that term in section 3 of the Fair Labor Standards Act of
1938 (29 U.S.C. 203)).
(5) Employer.--The term ``employer'' means an aviation
manufacturing company that is an employer (as defined in
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203)).
(6) Private partner contribution.--The term ``private
partner contribution'' means the contribution funded by the
employer under this title to maintain a minimum of 50 percent
of the at-risk employee group's total compensation level, and
combined with the public partner contribution, is sufficient
to maintain the total compensation level for the at-risk
employee group as of April 1, 2020.
(7) Public partner contribution.--The term ``public partner
contribution'' means the contribution funded by the Federal
Government under this title to provide not more than 50
percent of the at-risk employees group's total compensation
level, and combined with the private partner contribution, is
sufficient to maintain the total compensation level for those
in the at-risk employee group as of April 1, 2020.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury, or the designee of the Secretary of the
Treasury.
(9) Total compensation level.--The term ``total
compensation level'' means the level
[[Page S5318]]
of total base compensation and benefits being provided to an
at-risk employee group employee, excluding overtime and
premium pay, as of April 1, 2020.
SEC. __02. PRIVATE-PUBLIC PARTNERSHIP.
(a) Authority to Enter Into Agreements and Make
Contributions.--Notwithstanding any other provision of law,
to help ensure the continued retention of employees in the
aviation manufacturing industry impacted by the COVID-19
public health emergency, the Secretary is authorized to
partner with employers to supplement compensation of an at-
risk employee group financially impacted by the COVID-19
public health emergency and to facilitate the effective
economic recovery of the aviation manufacturing industry by
entering into agreements with such employers and providing
public partner contributions in accordance with this title.
The public partner contributions made under such an agreement
when combined with the private partner contribution, shall be
in an amount sufficient to maintain the total compensation
level for the at-risk employee group as of April 1, 2020, for
a term to be agreed, but for a duration that is not longer
than 1 year.
(b) Procedures.--As soon as practicable, but in no case not
later than 10 days after the date of enactment of this Act,
the Secretary shall publish procedures for application and
minimum eligibility requirements for participation in the
private-public partnership program authorized under this
title. Nothing in the preceding sentence shall be construed
as prohibiting the Secretary from publishing such supplements
to the initially published procedures as the Secretary
determines necessary.
(c) Terms and Conditions.--Upon submission of an
application, the Secretary may partner with an employer to
provide to the employer a public partner contribution, that
together with the private partner contribution, shall
constitute an amount sufficient to maintain the total
compensation level of the at-risk employee group, for a
period not to exceed 1 year, if the Secretary determines
that--
(1) the employer establishes that economic conditions as of
the date of the application would make necessary a furlough
or permanent reduction in force of a portion of its workforce
devoted to aviation manufacturing;
(2) there is an identifiable at-risk employee group;
(3) the employer agrees to fund the private partner
contribution for as long as it is accepting the public
partner contribution (and, in the event circumstances dictate
that the employer cease its participation in this program
early, the employer agrees and shall notify the Secretary
that there shall be no further obligation of the Secretary to
fund the public partner contribution);
(4) the employer commits to refrain from any furlough or
permanent reduction in force of employees in the at-risk
employee group for as long as it accepts public partner
contributions for that group, subject to the employer's right
to discipline or terminate an employee in accordance with
employer policy;
(5) the employer shall use the public and private partner
contribution solely for the purpose of providing compensation
and benefits of the at-risk employee group and for no other
purpose; and
(6) the public and private partner contribution shall be
utilized solely for compensation of United States-based
employees.
(d) Considerations.--In determining whether to enter into a
private-public partnership with an employer and the terms for
such a partnership with a specific employer, the Secretary
may consider--
(1) the relevant financial performance of the employer,
including the extent to which the employer has experienced a
deterioration in cash position, loss of revenue, and other
relevant information;
(2) information regarding the likelihood the employer will
need to impose a furlough or permanent reduction in force of
employees in the at-risk employee group in the absence of the
partnership and the factors that would be used to determine
which employees in the at-risk employee group are likely to
be so affected, including whether the selection of employees
to be so affected would be based on a general reduction in
headcount across the business or by location (or both),
position, or other factors; and
(3) any other information the Secretary deems relevant to
determining whether to enter into a private-public
partnership with an employer or to the terms for such a
partnership with a specific employer.
(e) No Limit on Number Agreements With an Employer.--An
employer may seek and be granted public partner contributions
under this title on multiple occasions.
(f) Coordination.--In implementing this section, the
Secretary shall coordinate with the Secretary of
Transportation and the Secretary of Commerce.
(g) Agreement Deadline.--No agreement shall be entered into
by the Secretary under the private-public partnership program
authorized under this title after the end of the 1-year
period that begins on the effective date for the first
agreement entered into under such program.
SEC. __03. FUNDING.
Out of any funds in the Treasury not otherwise
appropriated, there are appropriated to the Secretary
$14,400,000,000 for the period of fiscal years 2020 through
2021, to carry out this title.
______