S.Amdt. 2624Senate116th Congress (2019-2021)2nd degree
S.Amdt. 2624
Sponsored by
Sen. Jerry Moran (R-KS)
Submitted August 6, 2020
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Floor
Latest Action
Senate amendment submitted
August 6, 2020
Text
Submitted
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. ______