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S-1645Senate2025-05-07Finance and Financial Sector

American Ownership and Resilience Act

YourVoice.Now Summary

Your MoneyWorkers & JobsCorporate BenefitsTransparency & Accountability

Helps workers buy out their employer, with up to $5 billion a year in federally backed loans.

Your Money

Funds pay a 3% fee — set to cover taxpayer cost

Each fund pays 1% of the loan when it is promised and 2% when it is drawn. A yearly charge of up to 1.38% is set to bring the program's cost to zero.

Taxpayers back these loans — up to $5 billion guaranteed yearly

The government would promise to repay lenders if a fund cannot. No more than $5 billion in new guarantees could be issued in a year.

Government gets repaid last — after a fund's other lenders

If a fund fails, its other lenders get paid first. Taxpayers would be paid last, unless the Commerce Secretary sets other terms.

Workers & Jobs

Workers' pay and retirement savings — cannot fund the buyout

Employees could not be asked to take a wage cut or hand over retirement money to help buy the company. They can still sell a stake they already own.

Employees get majority ownership — required in every backed deal

The deal only gets federal backing if workers end up owning more than half. They own it through a stock plan or a worker co-op.

Outside expert checks the price — required before workers' plan buys

An outside trustee must be hired before the sale. That trustee must get an outside opinion on whether the price is fair to workers.

Workers vote on selling their company — through their ownership plan

Each worker could direct how the shares in their account are voted on a sale of the company. Shares nobody votes get cast in the same proportion.

Workers' ownership share — cannot shrink while the fund is invested

The plan must hold at least as many shares at each year's end as it held on the deal date. The independent trustee can waive this rule.

Every worker shares a later sale — payout based on their pay

If the company is later sold, the money is split as if every share were already in workers' accounts. Each worker's cut tracks their pay.

Corporate Benefits

Investment funds borrow with federal backing — up to $500 million each

A licensed fund could borrow no more than its own private capital, and no more than $500 million. Funds under one owner are capped at $1 billion together.

Funds that mentor newcomers — get $17.5 million more borrowing room

A fund manager who agrees to coach a new 'Protege' fund raises its own borrowing cap. The increase is $17.5 million for one fund, $35 million for several.

Manufacturing deals skip the cap — up to $75 million per fund

Money put into U.S. manufacturing or critical-industry firms would not count against a fund's borrowing limit. The break stops at $75 million or 25% of the fund's own capital.

Transparency & Accountability

Yearly report to Congress — must list taxpayer losses

Commerce would report each year on money the government lost on the program, plus what it expects to lose. The report also covers where funds operate and who the worker-owners are.

Funds face regular federal exams — at least every two years

Each licensed fund must be examined at least once every two years, and the fund can be billed for the cost. Funds must also value their investments twice a year.

People convicted of fraud — barred from running these funds

A felony or a fraud finding would keep a person from helping run a fund. The Commerce Secretary can allow it in writing.

Two-year hiring ban — on Commerce officials who approved the money

For two years after getting help, a fund could not hire or pay a former Commerce official who had a say over that help. The bar covers jobs, job offers, and paid professional work.

New licenses stop after 20 years — Congress must act again

Twenty years after the first license, Commerce could not license any new fund. Funds already licensed could keep drawing money they were promised.

Investor disclosure rules — SEC could waive them for these funds

The SEC could exempt the securities these funds sell from registration and from trust indenture rules. It would first have to find those rules are not needed to protect investors.

More about this bill

Workers at a company sold to its employees could gain a majority stake. They would not pay for it out of their wages. A new Commerce Department program would back the private funds that finance these sales. Most other people would see no direct change. The government would guarantee up to $5 billion in fund borrowing each year. Taxpayers would cover the losses if a fund cannot repay. Each fund must first put in at least $10 million of private money. It could then borrow up to $500 million with a federal guarantee. Newer, smaller funds are capped at $100 million. Funds pay a 3 percent fee, set to offset the cost to taxpayers. Every backed deal comes with rules meant to protect the workers. An outside trustee and an outside price opinion are required before the sale. Workers could not be asked to give up wages or retirement savings to pay for it. Their share of the company could not shrink while the fund is invested. Workers would also vote on any later sale of the business. The Commerce Department would license the funds and examine each at least every two years. It would report to Congress each year on losses, locations, and who the worker-owners are. Applications would open within about 18 months of the law taking effect. New licenses would stop 20 years after the first one is issued.

Congressional Summary

American Ownership and Resilience Act This bill creates an investment facility to support the conversion of private businesses into employee-owned businesses. Specifically, the Department of Commerce must establish an investment facility that provides leverage to ownership investment companies (OICs) licensed by Commerce. Under the bill, OICs manage capital for the purpose of financing the sale of a private business to an employee stock ownership plan (ESOP) or eligible worker-owned cooperative, have the authority to borrow money and issue securities or other obligations to finance the sale, and have the full faith and credit of the United States to guarantee the payment of all such amounts. In a sale to an ESOP, an independent trustee must be appointed to obtain a fairness opinion on the investment from an independent financial advisor. New OICs may be mentored by other OICs through the Protégé OIC program established by the bill. The bill also establishes private capital requirements, third-party debt limitations, and enforcement provisions.

Details

Congress
119th
Chamber
Senate
Status
summarized
Action
Introduced in Senate
Action Date
2025-05-07
Date Added
2026-05-06
Source
Congress.gov →

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