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 Committee 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 jurisdiction 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 Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Aviation Manufac5 turing Jobs Protection Act of 2020’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) AT-RISK EMPLOYEE GROUP.—The term ‘‘at2 risk employee group’’ means— 

3 (A) the 25 percent of an employer’s United 

4 States workforce that is most at risk of a per5 manent reduction in force or furlough due to 

6 the COVID–19 public health emergency; but 

7 (B) does not include senior executive em8 ployees. 

9 (2) AVIATION EMPLOYER.—The term ‘‘aviation 

10 employer’’ means an aviation manufacturing com11 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 air21 craft, aircraft engines, components, or propel22 lers; or 

23 (C) under contract or subcontract, pro24 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 offi10 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, ex14 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 finan22 cially impacted by the COVID–19 public health emer23 gency. 

24 (b) PROCEDURES.—Not later than 10 days after the 

25 date of enactment of this Act, the Secretary shall estabVerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8002.IH H8002

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1 lish, and make available to the public, procedures for ap2 plication and minimum eligibility requirements for partici3 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 con7 tribution to ensure the total compensation level of the at8 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 eco15 nomic conditions as of the date of the application for 

16 assistance under this section make necessary a per17 manent reduction or furlough of a portion of the 

18 workforce of such employer that is devoted to avia19 tion manufacturing; 

20 (2) the aviation employer has an identifiable at21 risk employee group; 

22 (3) the aviation employer agrees to provide the 

23 non-Federal share of the agreement under this sec24 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 em9 ployees in the at-risk employee group for the dura10 tion of the agreement, subject to the aviation em11 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 divi15 dends; 

16 (3) assistance provided under this section shall 

17 be used solely for the purpose of providing com18 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 

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 en4 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 assist9 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 agree18 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 

24 agreement under this section shall submit to Congress, 

25 after submission to the Secretary for review, on the impleVerDate Sep 11 2014 02:09 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8002.IH H8002

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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 re6 ceived by any employee shall be included in the gross in7 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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