[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Notices]
[Pages 31573-31578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12374]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION


Process for Eligible Businesses Requesting Support Under the 
Aviation Manufacturing Jobs Protection (AMJP) Program

AGENCY: U.S. Department of Transportation.

ACTION: Solicitation of applications.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Transportation (DOT) is hereby 
announcing the process for eligible businesses to apply for payroll 
assistance under the ``Aviation Manufacturing Jobs Protection'' (AMJP) 
program, established by the ``American Rescue Plan Act of 2021'' 
(ARPA), which was enacted on March 11, 2021. This notice contains 
critical deadlines, definitions, requirements, and processes for 
applicants. DOT does not plan to publish any further notice about this 
program in the Federal Register. Additional information for potential 
applicants will be published on the DOT program web page at https://www.transportation.gov/AMJP. See further details within the 
Supplementary Information section of this notice.

DATES: 5:00 p.m. prevailing Eastern time on June 22, 2021 to submit any 
questions regarding the application process. 5:00 p.m. prevailing 
Eastern time on July 13, 2021 to submit applications in accordance with 
the instructions contained in this Notice.

FOR FURTHER INFORMATION CONTACT: Alexus Jenkins-Reid, by phone at (202) 
366-5112 or email AMJP@dot.gov.

SUPPLEMENTARY INFORMATION: 
    This notice announces the process for eligible businesses to apply 
for payroll assistance under the ``Aviation Manufacturing Jobs 
Protection'' (AMJP) program, established by the ``American Rescue Plan 
Act of 2021'' (ARPA), which was enacted on March 11, 2021.\1\ DOT does 
not plan to publish any further notice and no docket will be 
established. Instead, DOT will maintain a list of Frequently Asked 
Questions (FAQs) and answers on a dedicated web page (see related 
information below).
---------------------------------------------------------------------------

    \1\ Public Law (Pub. L.) 117-2, Sec. Sec.  7201-7202.
---------------------------------------------------------------------------

    This application process was the subject of a prior notice in the 
Federal Register, on April 14, 2021 (86 FR 1965), as required by the 
Paperwork Reduction Act. The information collection requirement 
associated with the application process has been approved by OMB under 
OMB Control Number 2106-0048. Public reporting burden for the 
certification is estimated to average 28 hours per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Notwithstanding any other provision of 
the law, no person is required to respond to, nor shall any person be 
subject to a penalty for failure to comply with, a collection of 
information subject to the requirements of the PRA, unless that 
collection of information displays a currently valid OMB Control 
Number.
    The remainder of this notice includes:
1. Deadlines
2. Summary of Funding Opportunity
3. Eligibility Requirements and Definitions of Key Terms
4. How to Apply for Assistance Under This Program
5. Data and Documentation Required for the Application Process
6. Subsequent Steps and Associated Issues
7. Preservation of Safety-Related Responsibilities
8. Other Information

1. Deadlines

    Deadline #1: Any questions regarding the application process must 
be submitted to AMJP@dot.gov by 5:00 p.m. prevailing Eastern time on 
June 22, 2021. DOT will not reply directly to questions, but will 
consider all questions received by this deadline and update the FAQs as 
appropriate on the web page at https://www.transportation.gov/AMJP. 
Questions received after this deadline will be addressed to the extent 
possible.
    Deadline #2: Applications must be submitted in accordance with the 
instructions contained in this Notice, by 5:00 p.m. prevailing Eastern 
time on July 13, 2021. DOT will not consider any applications received 
after this deadline. Applicants are strongly urged to complete the 
application process at least 24 hours prior to the deadline and retain 
the official confirmation notification. Any problems related to 
telecommunications, connectivity, system compatibility, or any other 
technical issues will be the sole responsibility of the applicant, and 
DOT will not be able to accept or consider applications that are late, 
incomplete, or submitted through any other channels.
    Applicants are strongly discouraged from contacting DOT outside of 
the established procedure for submitting questions (see Deadline #1, 
above) or the formal application process. DOT will not use information 
provided through any other mechanism. Additional contacts via 
telephone, email, letters, or requests for in-person meetings will add 
unnecessary burden,

[[Page 31574]]

and delay the overall process for all applicants.
    To be eligible, businesses must meet all the requirements set forth 
in ``Eligibility Requirements and Key Definitions'' and ``Other 
Restrictions,'' below. Eligible businesses that wish to be considered 
for this program must comply with the deadlines and requirements in 
this notice and the online application system.
    Only established business entities that meet the eligibility 
requirements are eligible to apply for and receive funding under the 
AMJP. Neither any other type of organization nor individual employees 
(including contract employees) are eligible to apply for assistance 
under this program.
    DOT has established a dedicated web page containing information on 
the AMJP program. This web page is publicly available at https://www.transportation.gov/AMJP. DOT strongly recommends that all 
interested businesses monitor this web page frequently for any new or 
updated information regarding the AMJP program.

2. Summary of Funding Opportunity

    The statute allows DOT to enter into agreements with eligible 
business entities for a period of up to six months.\2\ During that 
timeframe, DOT can provide up to 50 percent of the funding for the sole 
purpose of continuation of employee wages, salaries, and benefits, to 
maintain the Total Compensation Level \3\ for the Eligible Employee 
Group (EEG) \4\ for the duration of the agreement, and to facilitate 
the retention, rehire, or recall of employees of the applicant 
business, except that such funds may not be used for back pay of 
returning rehired or recalled employees.\5\
---------------------------------------------------------------------------

    \2\ Where possible, DOT will strive to work with recipients to 
align the term of the agreement with the recipient's payroll 
schedule, in order to simplify the supporting documentation, 
reporting and subsequent audit reviews.
    \3\ See definition of ``Total Compensation Level'' (below).
    \4\ See definition of ``EEG'' (below).
    \5\ Public Law 117-2, Sec.  7202(b).
---------------------------------------------------------------------------

    As a condition of an agreement with DOT, the employer commits to 
refrain from conducting any involuntary layoffs, furloughs,\6\ or 
reductions in pay or benefits for the EEG, from the date of application 
and continuing until at least the expiration date of the agreement \7\ 
and receipt of Federal funds provided thereunder. Other restrictions 
and requirements will apply as well, including a requirement to provide 
immediate notice and justification to the Secretary \8\ of involuntary 
furloughs or layoffs exceeding 10 percent of the workforce that is not 
included in the EEG.\9\
---------------------------------------------------------------------------

    \6\ DOT interprets the term ``furlough'' to include reductions 
in working days or hours.
    \7\ Or September 30, 2021, whichever is later.
    \8\ Wherever the term ``Secretary'' appears in this notice, it 
refers to the Secretary of Transportation.
    \9\ Public Law 117-2, Sec.  7201(2)(F).
---------------------------------------------------------------------------

    The statute appropriated $3,000,000,000 for this program, and 
allows up to one (1) percent of the funds to be used for program 
administration. If eligible requests exceed the available funds, then 
DOT will reduce the funds provided, on a pro rata basis.\10\ If DOT has 
to pro-rate the funds, then DOT will use the total compensation level 
for each eligible applicant's EEG as the basis to calculate each 
eligible applicant's resulting share.
---------------------------------------------------------------------------

    \10\ Public Law 117-2, Sec.  7202(d).
---------------------------------------------------------------------------

    Because of the pro-rata statutory requirement, DOT is conducting a 
single application and review process, with the intent of identifying 
all eligible recipients. This will enable DOT to determine whether 
funds need to be pro-rated, before entering into any agreements.
    In the event of pro-ration, the funding agreements will cite two 
figures: First, the maximum eligible amount for the recipient; and 
second, the estimated amount that DOT would pay to the recipient, which 
would be lower than the maximum eligible amount. If any funds are 
recovered after the pro rata allocation, then DOT may allocate those 
funds, pro rata, among the remaining eligible recipients without any 
further solicitation for the $3,000,000,000 described in this notice. 
Moreover, DOT may reduce the amount of the Public Contribution that is 
actually disbursed to the recipient, to match the actual Private 
Contribution paid by the recipient, for documented compensation costs 
actually incurred for the allowable purpose (to retain or rehire 
employees within the EEG).
    The ``Eligibility Requirements and Definitions of Key Terms'' 
section (below) reflects the criteria established in the statute, along 
with key clarifications. DOT does not have the authority to add other 
discretionary criteria in administering this program.
    DOT intends to review all applications as quickly as possible after 
Deadline #2, in order to determine the amount of funding that can be 
made available to each eligible applicant.

3. Eligibility Requirements and Definitions of Key Terms

    This section outlines several key requirements and definitions. The 
online application process will provide more detailed instructions.
    Eligible businesses. The statute establishes three categories of 
businesses that are eligible to receive payroll assistance under this 
program. To be eligible, a business must meet at least one of the 
following three criteria: \11\
---------------------------------------------------------------------------

    \11\ Public Law 117-2, Sec.  7201(2)(A).
---------------------------------------------------------------------------

     Businesses that actively manufacture an aircraft, aircraft 
engine, propeller, or a component, part, or systems of an aircraft or 
aircraft engine under a Federal Aviation Administration (FAA) 
production approval. The term ``active'' is defined in FAA Order 
8120.23A, Sec. 3-3(b), and means that ``FAA has issued a new production 
approval, or the [production approval holder] PAH has produced and/or 
shipped products or articles within the past 12 months.''
     Businesses that hold a certificate issued under Title 14, 
Code of Federal Regulations (CFR), part 145, for maintenance, repair, 
and overhaul of aircraft, aircraft engines, components, or propellers.
     Businesses that operate a process certified under SAE 
AS9100 \12\ related to the design, development, or provision of an 
aviation product or service, including a part, component, or 
assembly.\13\
---------------------------------------------------------------------------

    \12\ For information about SAE AS9100, see https://www.sae.org/standards/content/as9100/.
    \13\ It is not sufficient simply to be in the aviation 
manufacturing business, even if the business meets other criteria 
such as ISO certification. To be eligible, the business must meet 
the criteria set forth in the statute as of the date the application 
is submitted.
---------------------------------------------------------------------------

    There are several other requirements for eligibility. To be 
eligible, businesses must also meet all of the following:
     The business has been established, created, or organized 
in the United States or under the laws of the United States.\14\
---------------------------------------------------------------------------

    \14\ Public Law 117-2, Sec.  7201(2)(B)(i).
---------------------------------------------------------------------------

     The business generated at least 50 percent of its 2019 
operating revenues from aviation manufacturing activities and services, 
or maintenance, repair, and overhaul activities and services based in 
the United States (including its territories or possessions).\15\
---------------------------------------------------------------------------

    \15\ Public Law 117-2, Sec.  7201(2)(B)(ii).
---------------------------------------------------------------------------

     Of the employees engaged in aviation manufacturing 
activities and services, or maintenance, repair, and overhaul 
activities and services as of April 1, 2020, at least 50 percent were 
based in the United States (including its territories or 
possessions).\16\
---------------------------------------------------------------------------

    \16\ Public Law 117-2, Sec.  7201(2)(B)(ii).

---------------------------------------------------------------------------

[[Page 31575]]

     The business must have involuntarily \17\ furloughed or 
laid off at least 10 percent of its total workforce in 2020 as compared 
to 2019, or have experienced at least a 15 percent decline in 2020 
total operating revenues compared to 2019. The applicant will be 
required to provide either aggregate numbers of personnel as of 
December 31, 2019 and December 31, 2020, or data demonstrating the 
aggregate number of furlough days imposed between those dates, or total 
operating revenues for the tax-years ending 2019 and 2020.\18\
---------------------------------------------------------------------------

    \17\ The terms ``involuntary'' and ``involuntarily'' mean that 
the employer has made and implemented a unilateral decision to 
either lay off or furlough employees (as opposed to the employees 
offering to be laid off or furloughed).
    \18\ Public Law 117-2, Sec.  7201(2)(C).
---------------------------------------------------------------------------

     The business must identify an EEG and the ``total 
compensation level'' for the EEG. (See separate definitions, below.)
     The business must be able to commit to funding its share 
(the ``Private Contribution'') of the total compensation level for the 
EEG, for the duration of the agreement.\19\
---------------------------------------------------------------------------

    \19\ Public Law 117-2, Sec.  7201(2)(E).
---------------------------------------------------------------------------

     The business must be able to commit to provide immediate 
notice and justification to the Secretary of any involuntary furloughs 
or layoffs exceeding 10 percent of the workforce that is not included 
in the EEG for the duration of the agreement and receipt of Federal 
funds provided thereunder.\20\
---------------------------------------------------------------------------

    \20\ Public Law 117-2, Sec.  7201(2)(F).
---------------------------------------------------------------------------

     The business cannot conduct involuntary furloughs or 
reduce pay rates or benefits for the EEG between the date of 
application and the date on which the applicant enters into an 
agreement with the Secretary.\21\
---------------------------------------------------------------------------

    \21\ Public Law 117-2, Sec.  7201(2)(G).
---------------------------------------------------------------------------

     The business must commit that it will not conduct 
involuntary layoffs or furloughs, or reduce pay rates and benefits, for 
the EEG, from the date of agreement at least until the expiration date 
of the agreement.\22\ This commitment does not impede the employer's 
right to discipline or terminate specific employees for reasons related 
to performance or conduct, in accordance with the employer's 
established policies.\23\
---------------------------------------------------------------------------

    \22\ Or September 30, 2021, whichever is later.
    \23\ Public Law 117-2, Sec.  7201(2)(H).
---------------------------------------------------------------------------

     The business cannot have been allowed a credit against 
applicable employment taxes under section 2301 of the CARES Act (26 
U.S.C. 3111 note) for the calendar quarter ending immediately before 
entering into an agreement with DOT.\24\ Because DOT anticipates 
establishing these agreements during the quarter ending September 30, 
2021, this means the business cannot have been allowed such credits for 
the quarter ending June 30, 2021.\25\
---------------------------------------------------------------------------

    \24\ Public Law 117-2, Sec.  7202(c).
    \25\ DOT anticipates awarding agreements under the AMJP by the 
end of September 2021, in which case this provision would mean the 
applicant cannot have received the referenced credits during the 
quarter ending June 30, 2021. If an applicant has received such 
credits during that quarter, and wishes to forego such credits in 
the quarter ending September 30, 2021, then DOT may still be able to 
consider entering into an agreement after October 1, 2021.
---------------------------------------------------------------------------

     The business cannot have received financial assistance 
under section 4113 of the CARES Act (15 U.S.C. 9073).\26\
---------------------------------------------------------------------------

    \26\ Public Law 117-2, Sec.  7202(c).
---------------------------------------------------------------------------

     The business cannot be expending financial assistance 
under the paycheck protection program established under section 
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), as of the 
date the employer submits an application under the AMJP.\27\
---------------------------------------------------------------------------

    \27\ Public Law 117-2, Sec.  7202(c).
---------------------------------------------------------------------------

    No entity (including any government agency or subdivision) may 
submit an application on behalf of another entity. There is no 
provision for sub-awards. Only eligible businesses (as defined above) 
may apply.
    Employee. The statute authorizing the AMJP defines ``employee'' 
based on section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203). This refers to Title 29 United States Code, Sec.  203(e)(1), 
which states in pertinent part that ``the term `employee' means any 
individual employed by an employer.'' There are other provisions 
contained in Sec.  203(e) that are not relevant in the context of this 
program. In addition, DOT has determined that a contract employee 
(i.e., any individual who provides services but is compensated through 
fees reported on IRS Form 1099 rather than through salary or wages 
reported on IRS Form W2) may not be counted as an ``employee'' for 
purposes of this program, unless they are themselves an established 
business entity that meets all of the eligibility criteria, in which 
case they may apply for the program directly.
    Eligible Employee Group (EEG). Each applicant must define its EEG 
based on the following parameters:
     Includes only employees that were engaged in aviation 
manufacturing activities and services, or maintenance, repair, and 
overhaul activities and services as of April 1, 2020.\28\ The term 
``engaged in'' means employees who spent at least 50 percent of their 
time actually conducting technical engineering design, design 
oversight, and/or the physical steps involved in creating aircraft 
parts or components, or conducting inspections, maintenance or repair 
work on aircraft or aircraft components;
---------------------------------------------------------------------------

    \28\ Public Law 117-2, Sec.  7201(1)(C).
---------------------------------------------------------------------------

     Cannot exceed 25 percent of the employer's total United 
States workforce as it existed on April 1, 2020; \29\ and
---------------------------------------------------------------------------

    \29\ Public Law 117-2, Sec.  7201(1)(A).
---------------------------------------------------------------------------

     Can only include employees with a total compensation level 
\30\ of $200,000 or less per year as of April 1, 2020.\31\
---------------------------------------------------------------------------

    \30\ ``Total compensation level'' is defined below.
    \31\ Public Law 117-2, Sec.  7201(1)(B).
---------------------------------------------------------------------------

    Total compensation level. The term ``total compensation level'' 
means the level of total base compensation and benefits being provided 
to EEG employees, as of April 1, 2020, excluding overtime and premium 
pay, and excluding any Federal, State, or local payroll taxes paid by 
the employer.\32\
---------------------------------------------------------------------------

    \32\ Public Law 117-2, Sec.  7201(8).
---------------------------------------------------------------------------

    If an employee's base salary was $180,000 and their additional 
benefits equated to $21,000, then that employee cannot be included in 
the ``EEG'' even though the employee may pay Federal, State, or local 
income tax on that compensation, and therefore the employee's net 
compensation from the employer was less than $200,000.
    United States workforce. For purposes of this program, DOT defines 
``United States workforce'' to include employees who are legal 
residents of the United States or its territories (including U.S. 
citizens, lawful permanent residents, or others who were legally 
permitted to work in the United States as of April 1, 2020, and are 
still legally permitted to work in the United States as of the date the 
application is submitted), and whose primary duty location is 
physically located within the United States or its territories. It does 
not include employees whose primary duty location is physically located 
outside of the United States, even if they are employed by a U.S.-based 
employer.
    Public Contribution. The term ``Public Contribution'' means the 
amount of funding available from the Federal Government under this 
program, to provide up to 50 percent of the EEG's total compensation 
level.
    Private Contribution. The term ``Private Contribution'' means the 
amount funded by the employer, to maintain at least 50 percent of the 
EEG's total compensation level. If DOT has to pro-rate the Public 
Contribution, then the applicant must adjust the Private Contribution 
accordingly.

[[Page 31576]]

4. How To Apply for Assistance Under This Program

    DOT has published Assistance Listing #20.114 online at sam.gov. 
However, all applicants must complete the online application at https://www.transportation.gov/AMJP/apply, in strict accordance with Deadline 
#2 as stated above. Applicants must provide all required data and 
supporting documentation, and complete all required certifications, 
based on the instructions accompanying the online application system. 
DOT will provide system-related support through an online help desk. 
However, DOT cannot assist applicants with substantive questions about 
the application process beyond what is stated in this notice, 
subsequent supplemental notices, or what may be posted on DOT's 
official AMJP program web page in the form of FAQs.
    Prospective applicants are strongly urged to complete the 
application at least 24 hours prior to Deadline #2. Any problems 
related to telecommunications, connectivity, system compatibility, or 
any other technical issues will be the sole responsibility of the 
applicant, and DOT will not be able to accept or consider applications 
that are late, incomplete, or submitted through any other channels.

5. Data and Documentation Required for the Application Process

    Applicants are required to provide the following data and 
supporting documentation (in electronically searchable documents) 
through the designated online application system, including but not 
limited to financial reports and redacted payroll reports where 
applicable. Please refer to the ``Eligibility Requirements and 
Definitions of Key Terms'' section for further information on terms 
used throughout this section. This is not a comprehensive listing. The 
online application system will provide additional detailed 
instructions:
     Legal name of the applicant (i.e., the legal name of the 
business entity), as well as any other identities under which the 
applicant may be doing business.
     Address, telephone, and email contact information for the 
applicant.
     Business structure and ownership. The form of the 
applicant's organization (e.g., Corporation, S Corporation, Limited 
Liability Company, Sole Proprietorship, Partnership, etc.), along with 
the state(s) in which the applicant is organized, and the date of 
incorporation or organization.
     Name and title of the authorized representative of the 
applicant (who will attest to the required certifications).
     If the applicant chooses to authorize any external parties 
to assist in the online preparation of their application (such as 
outside accountants, attorneys, or auditors), those parties must 
register in the online application system and be authorized by the 
applicant to provide information on behalf of the applicant. However, 
the applicant will retain full responsibility for certifying that all 
data provided is complete and accurate.
     The specific statutory criteria that the applicant meets 
for eligibility under this program. The statute defines eligible 
applicants to include a corporation, firm, or other business entity 
that ``(i) actively manufactures an aircraft, aircraft engine, 
propeller, or a component, part, or systems of an aircraft or aircraft 
engine under a Federal Aviation Administration production approval; 
(ii) 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 (iii) operates a 
process certified to SAE AS9100 \33\ related to the design, 
development, or provision of an aviation product or service, including 
a part, component, or assembly.'' The application system requires 
applicants to identify which of these categories they meet, and how. 
The system also requires applicants to upload supporting documentation, 
including reference numbers and copies of certificates or 
authorizations issued by either the FAA or SAE.
---------------------------------------------------------------------------

    \33\ See https://www.sae.org/standards/content/as9100/.
---------------------------------------------------------------------------

     Other identification numbers, including but not limited to 
the Employer/Taxpayer Identification Number (EIN/TIN), Data Universal 
Numbering System (DUNS) number, Unique Entity Identifier under 2 CFR 
part 25. All applicants must have registered with the System for Award 
Management (SAM) at https://sam.gov/SAM/.\34\ For purposes of the AMJP 
program, it is not necessary to be registered to pursue Federal 
contracts (which takes longer to process). Instead, when asked ``Why 
are you registering this entity to do business with the U.S. 
government?'' applicants for the AMJP need only select the option that 
reads, ``I only want to apply for federal assistance opportunities like 
grants, loans, and other financial assistance programs.''
---------------------------------------------------------------------------

    \34\ As required by 2 CFR part 25.200(b), applicants must also 
``Maintain an active SAM registration with current information, 
including information on a recipient's immediate and highest level 
owner and subsidiaries, as well as on all predecessors that have 
been awarded a Federal contract or grant within the last three 
years, if applicable, at all times during which it has an active 
Federal award or an application or plan under consideration by a 
Federal awarding agency.''
---------------------------------------------------------------------------

     Quantitative data demonstrating how the applicant's 
business operations meet the requirements regarding significant 
operations (and a majority of its employees engaged) in aviation 
manufacturing based in the United States. This will include the number 
(and percentage) of employees who were engaged in aviation 
manufacturing activities and services, or maintenance, repair, and 
overhaul activities and services, and the percentage of those employees 
who were based in the United States, as of April 1, 2020.
     Details sufficient to demonstrate how the applicant meets 
the requirement to have ``involuntarily furloughed or laid off at least 
10 percent of its total workforce in 2020 as compared to 2019, or has 
experienced at least a 15 percent decline in 2020 revenues as compared 
to 2019.'' Failure to provide sufficient detail addressing the key 
criteria may result in a determination that the entity is ineligible or 
unresponsive. The burden of meeting the statutory criterial falls on 
the applicant.
     Certification that the applicant has not received a credit 
against applicable employment taxes under section 2301 of the CARES Act 
(26 U.S.C. 3111 note) for the immediately preceding calendar quarter 
ending before such agreement is entered into, or financial assistance 
under section 4113 of the CARES Act (15 U.S.C. 9073) (providing payroll 
support to air carriers and contractors), and is not currently 
expending financial assistance under the paycheck protection program 
established under section 7(a)(36) of the Small Business Act (15 U.S.C. 
636(a)(36)), as of the date the employer submits an application under 
the AMJP. If a business entity meets any of these criteria, there is no 
provision in the statute that would allow the business to return those 
funds in order to qualify for the AMJP.
     Definition of the applicant's ``EEG,'' identifying the job 
categories and numbers of personnel in each category as of April 1, 
2020.
     The total cost of compensation for the EEG for the six-
month period ending on April 1, 2020. DOT will require a breakdown of 
the compensation costs (e.g., aggregate base wages and salaries, and 
major benefit categories). Applicants will be required to provide 
supporting documentation in sufficient detail to substantiate the 
preceding costs, but specifically excluding any Personally Identifiable 
Information (PII) for any individual employees. This may include 
financial reports and redacted payroll reports, or such additional

[[Page 31577]]

supporting documentation as DOT may require.
     The amount of Public Contribution the applicant is 
requesting (which may be equal to half the total compensation level (or 
less) for the EEG as of April 1, 2020), and whether the applicant is 
requesting the funds to rehire or retain employees, or a combination.
     Whether the applicant business entity is currently engaged 
in any legal proceeding that could jeopardize its ability to fulfill 
the legal commitments required in statute as conditions for receiving 
funds under the AMJP. Examples of such proceedings could include (but 
are not limited to) any process related to the United States Bankruptcy 
Code, potential merger or acquisition discussions, or current 
litigation against the applicant. The application system will request 
that applicants identify any such issues at a high level, but avoid 
including unnecessary details in the application. Such circumstances 
would not necessarily, on their own, render an applicant ineligible. 
However, DOT would consider such circumstances in a risk-based approach 
to oversight, and may include additional conditions in the agreement, 
including but not limited to continuing disclosure and supplemental 
reporting requirements.
     Whether the applicant is delinquent on any debt to any 
Federal agency, along with supporting details. Such circumstances would 
not necessarily, on their own, render an applicant ineligible. However, 
DOT may be required to coordinate with other Federal agencies to ensure 
resolution of these circumstances before processing disbursements under 
the AMJP.
     Certification by the applicant that they can and will 
enter into a legal agreement with DOT, that will require the applicant 
to (1) provide the Private Contribution (which means the remainder of 
the total compensation costs associated with the EEG that is not funded 
by assistance under the AMJP); and (2) not conduct any involuntary 
layoffs, furloughs, or reductions in pay rates or benefits for the EEG 
during the term of the agreement with DOT.
     Although DOT may verify the accuracy of these 
certifications, possibly using a risk-based approach to verification, 
applicants are legally responsible for ensuring the accuracy of these 
certifications.
     After DOT determines eligibility and enters into an 
agreement with the applicant (referred to hereafter as ``the 
recipient''), DOT may also require the recipient to provide updated 
information to DOT on the actual aggregate total cost of compensation 
for the EEG during the period of the agreement with DOT, if DOT 
determines it is necessary in order to review and approve actual 
disbursements pursuant to the agreement. Recipients will be required to 
provide supporting documentation in sufficient detail to substantiate 
the actual costs, specifically excluding any Personally Identifiable 
Information (PII) for any individual employees.
     Recipients will also be required to provide additional 
supporting information and certifications in support of disbursement 
requests.
     Sworn certification as to the complete and accurate nature 
of all information provided, including all supporting documentation and 
any information provided by other parties such as outside accountants, 
auditors or attorneys, subject to civil or criminal penalties. The 
specific certification language will include: ``I certify under penalty 
of perjury that the information and certifications provided in the 
application and its attachments are true and correct. WARNING: Anyone 
who knowingly submits a false claim or makes a false statement is 
subject to criminal and/or civil penalties, including confinement for 
up to 5 years, fines, and civil penalties. (18 U.S.C. 287, 1001; 31 
U.S.C. 3729, 3802).''
    In making its eligibility determinations, DOT will not consider any 
other factors, such as financial stability, financial need, economic 
impacts of the business, magnitude of lost revenues, size of the 
business, or regional considerations. DOT will make eligibility 
determinations based solely on the statutory criteria, as set forth in 
this notice.
    Even if an applicant wishes to rely upon an outside entity to 
prepare the entire application on their behalf, an authorized 
representative of the applicant (which must be an owner, officer or 
employee of the applicant) must make all the required certifications as 
outlined above, after verifying that all of the information provided in 
the application is complete and accurate.
    Likewise, if an applicant relies upon an outside entity to assist 
in the application process, the responsibility for meeting the deadline 
remains with the applicant, including all required documentation and 
certifications in the online system. DOT will not consider any 
application that is either incomplete or submitted after Deadline #2.
    DOT may seek additional supporting documentation from any applicant 
at any time, either during the application review process or 
subsequently. However, DOT shall not be under any obligation to allow 
an applicant to modify its supporting information after Deadline #2 has 
passed. Any materially incorrect, incomplete, or misleading information 
provided in support of the application may be grounds for cancellation 
of the agreement and recovery of any funds already disbursed or in 
process of disbursement.

6. Subsequent Steps and Associated Issues

    After all applications have been received, DOT will review and 
validate the applications, make final eligibility determinations, and 
determine the resulting allocation of funds. DOT cannot predict how 
long this will take. The duration will depend heavily on the number of 
applications received.
    Once an agreement is in place, DOT may require continuing 
disclosure and reporting in support of disbursement requests. If an 
approved recipient experiences natural attrition within the EEG, or 
terminates any employee in the eligibility employee group due to 
performance or conduct issues in accordance with employer policy,\35\ 
DOT will not require the recipient to backfill vacancies. However, the 
recipient will be required to disclose any reduction in the total 
compensation costs for the EEG and DOT may make comparable reductions 
in the actual disbursements to the recipient.
---------------------------------------------------------------------------

    \35\ Sec.  7201(2)(H).
---------------------------------------------------------------------------

    If the recipient backfills such vacancies during the term of the 
agreement, then the recipient may include the associated compensation 
costs in subsequent disbursement requests. However, any resulting 
increase in total compensation costs will not increase the Public 
Contribution.
    The statute requires recipients to refrain from conducting 
involuntary layoffs or furloughs among the EEG during the term of the 
agreement.\36\ DOT's expectation is that this assistance program would 
also reduce the need for businesses to consider layoffs or furloughs 
after the term of the agreement has ended. Therefore, the agreement may 
include disclosure requirements, and may state that the prohibition on 
furloughs or layoffs among the EEG does not restrict the employer from 
providing notice, during the term of the agreement, of actions that may 
occur after the term of the agreement.
---------------------------------------------------------------------------

    \36\ Or until September 30, 2021, whichever is later.
---------------------------------------------------------------------------

    DOT anticipates making an initial disbursement shortly after 
awarding each agreement. Recipient companies will be required to submit 
updated

[[Page 31578]]

information, supporting documentation, and further certifications of 
compliance prior to receiving any subsequent disbursement(s), including 
comprehensive closeout documentation. As noted above, if award amounts 
have to be reduced on a pro rata basis but then any funds are recovered 
from other recipients, then DOT may make supplemental disbursements to 
the remaining eligible recipients.
    In accordance with 2 CFR 200.333 (``Retention requirements for 
Records''), recipients will be required to retain all supporting 
documentation for three (3) years after submitting the final 
expenditure report. If any litigation, claim, or audit is started 
before the expiration of the three-year period, then the records must 
be retained until all litigation, claims, or audit findings involving 
the records have been resolved and final action taken.
    If a recipient enters an agreement under this program but then 
cannot fulfill its statutory and contractual obligations under that 
agreement, including (but not limited to) funding the Private 
Contribution), then DOT will seek appropriate remedies, including (but 
not limited to) termination of the agreement and/or recovery of any 
funds already disbursed. All recipients may be subject to audits by DOT 
or other oversight agencies, and any funds improperly used may have to 
be returned to the government.
    If a recipient enters an agreement under this program but then 
files for protection under any process related to the United States 
Bankruptcy Code, then DOT may terminate the agreement and seek 
appropriate remedies, including recovery of any funds already 
disbursed.
    If a recipient enters an agreement under this program but is then 
acquired by (or merges with) another business in a manner that affects 
eligibility or compliance with the agreement, then DOT may terminate 
the agreement and seek appropriate remedies, including recovery of any 
funds already disbursed. The agreement will address related 
requirements for notification to the government and assignment.

7. Preservation of Safety-Related Responsibilities

    DOT will not make any substantive judgment about the job categories 
that an applicant does or does not include in defining the EEG. DOT 
will only verify that the EEG meets the requirements set forth in this 
notice. Nothing in DOT's determination of eligibility in any way 
relieves the applicant of its responsibilities, including all safety-
related responsibilities pursuant to certificates issued by the FAA, or 
compliance obligations under federal regulations and any other legal 
obligations.

8. Other Information

    Financial assistance under this program is subject to the 
requirements of 2 CFR part 170, in accordance with the Federal Funding 
Accountability and Transparency Act of 2006 (Pub. L. 109-282), as 
amended by section 6202 of Public Law 110-252. The agreements will 
include corresponding requirements, including the requirements 
pertaining to executive compensation. Before providing financial 
assistance under this program greater than the simplified acquisition 
threshold, DOT is required to review and consider any information about 
the applicant that is in the designated integrity and performance 
system accessible through SAM (currently FAPIIS \37\) (see 41 U.S.C. 
2313). An applicant may, at its option, review information in the 
designated integrity and performance systems accessible through SAM and 
comment on any information about itself that a Federal awarding agency 
previously entered and is currently in the designated integrity and 
performance system accessible through SAM. DOT will consider any 
comments by the applicant, in addition to the other information in the 
designated integrity and performance system, in making a judgment about 
the applicant's integrity, business ethics, and record of performance 
under Federal awards when completing the review of risk posed by 
applicants as described in 2 CFR 200.206.
---------------------------------------------------------------------------

    \37\ Federal Awardee Performance and Integrity Information 
System.
---------------------------------------------------------------------------

    As noted previously, DOT strongly recommends that all interested 
businesses monitor the official DOT program web page frequently for any 
new or updated information regarding the AMJP program.

    Signed in Washington, DC, on June 8, 2021.
Brian Elliott Black,
Director, Aviation Manufacturing Jobs Protection Program, U.S. 
Department of Transportation.
[FR Doc. 2021-12374 Filed 6-11-21; 8:45 am]
BILLING CODE 4910-9X-P


