1. U.S. Code
  2. title 15
  3. chapter 116
  4. subchapter III
  5. part C
  6. § 9101

Collapse to view only § 9101. Funding

§ 9091. DefinitionsUnless otherwise specified, the definitions in section 40102(a) of title 49 shall apply to this part, except that in this part—
(1) the term “catering functions” means preparation, assembly, or both, of food, beverages, provisions and related supplies for delivery, and the delivery of such items, directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft;
(2) the term “contractor” means—
(A) a person that performs, under contract with a passenger air carrier conducting operations under part 121 of title 14, Code of Federal Regulations—
(i) catering functions; or
(ii) functions on the property of an airport that are directly related to the air transportation of persons, property, or mail, including, but not limited to, the loading and unloading of property on aircraft, assistance to passengers under part 382 of title 14, Code of Federal Regulations, security, airport ticketing and check-in functions, ground-handling of aircraft, or aircraft cleaning and sanitization functions and waste removal; or
(B) a subcontractor that performs such functions;
(3) the term “employee” means an individual, other than a corporate officer, who is employed by an air carrier or a contractor;
(4) the term “recall” means the dispatch of a notice by a passenger air carrier or a contractor, via mail, courier, or electronic mail, to an involuntarily furloughed employee notifying the employee that—
(A) the employee must, within a specified period of time, elect either—
(i) to return to employment or bypass return to employment, in accordance with an applicable collective bargaining agreement or, in the absence of a collective bargaining agreement, company policy; or
(ii) to permanently separate from employment with the passenger air carrier or contractor; and
(B) failure to respond within such time period specified shall be considered an election under subparagraph (A)(ii);
(5) the term “returning employee” means an involuntarily furloughed employee who has elected to return to employment pursuant to a recall notice; and
(6) the term “Secretary” means the Secretary of the Treasury.
(Pub. L. 116–260, div. N, title IV, § 401, Dec. 27, 2020, 134 Stat. 2052.)

CITE AS: 15 USC 9091

§ 9092. Pandemic relief for aviation workers
(a) Financial assistance for employee wages, salaries, and benefits
Notwithstanding any other provision of law, to preserve aviation jobs and compensate air carrier industry workers, the Secretary shall provide financial assistance that shall exclusively be used for the continuation of payment of employee wages, salaries, and benefits to—
(1) passenger air carriers, in an aggregate amount up to $15,000,000,000; and
(2) contractors, in an aggregate amount up to $1,000,000,000.
(b) Administrative expenses
(Pub. L. 116–260, div. N, title IV, § 402, Dec. 27, 2020, 134 Stat. 2053.)

CITE AS: 15 USC 9092

§ 9093. Procedures for providing payroll support
(a) Awardable amountsThe Secretary shall provide financial assistance under this part—
(1) to a passenger air carrier required to file reports pursuant to part 241 of title 14, Code of Federal Regulations, as of March 27, 2020, in an amount equal to—
(A) the amount such air carrier was approved to receive (without taking into account any pro rata reduction) under section 9073 of this title; or
(B) at the request of such air carrier, or in the event such air carrier did not receive assistance under section 9073 of this title, the amount of the salaries and benefits reported by the air carrier to the Department of Transportation pursuant to such part 241, for the period from October 1, 2019, through March 31, 2020;
(2) to a passenger air carrier that was not required to transmit reports under such part 241, as of March 27, 2020, in an amount equal to—
(A) the amount such air carrier was approved to receive (without taking into account any pro rata reduction) under section 9073 of this title, plus an additional 15 percent of such amount;
(B) at the request of such air carrier, provided such air carrier received assistance under section 9073 of this title, the sum of—
(i) the amount that such air carrier certifies, using sworn financial statements or other appropriate data, as the amount of total salaries and related fringe benefits that such air carrier incurred and would be required to be reported to the Department of Transportation pursuant to such part 241, if such air carrier was required to transmit such information during the period from April 1, 2019, through September 30, 2019; and
(ii) an additional amount equal to the difference between the amount certified under clause (i) and the amount the air carrier received under section 9073 of this title; or
(C) in the event such air carrier did not receive assistance under section 9073 of this title, an amount that such an air carrier certifies, using sworn financial statements or other appropriate data, as the amount of total salaries and related fringe benefits that such air carrier incurred and would be required to be reported to the Department of Transportation pursuant to such part 241, if such air carrier was required to transmit such information during the period from October 1, 2019, through March 31, 2020; and
(3) to a contractor in an amount equal to—
(A) the amount such contractor was approved to receive (without taking into account any pro rata reduction) under section 9073 of this title; or
(B) in the event such contractor did not receive assistance under section 9073 of this title, an amount that the contractor certifies, using sworn financial statements or other appropriate data, as the amount of wages, salaries, benefits, and other compensation that such contractor paid the employees of such contractor during the period from October 1, 2019, through March 31, 2020.
(b) Deadlines and procedures
(1) In general
(A) Forms; terms and conditionsFinancial assistance provided to a passenger air carrier or contractor under this part shall—
(i) be, to the maximum extent practicable, in the same form and on the same terms and conditions (including requirements for audits and the clawback of any financial assistance provided upon failure by a passenger air carrier or contractor to honor the assurances specified in section 9094 of this title), as agreed to by the Secretary and the recipient for assistance received under section 9073 of this title, except if inconsistent with this part; or
(ii) in the event such a passenger air carrier or a contractor did not receive assistance under section 9073 of this title, be, to the maximum extent practicable, in the same form and on the same terms and conditions (including requirements for audits and the clawback of any financial assistance provided upon failure by a passenger air carrier or contractor to honor the assurances specified in section 9094 of this title), as agreed to by the Secretary and similarly situated recipients of assistance under section 9073 of this title.
(B) Procedures
(2) Deadline for immediate payroll assistance
(3) Subsequent payments
(c) Pro rata reductions
(d) Audits
(Pub. L. 116–260, div. N, title IV, § 403, Dec. 27, 2020, 134 Stat. 2053.)

CITE AS: 15 USC 9093

§ 9094. Required assurances
(a) In generalTo be eligible for financial assistance under this part, a passenger air carrier or a contractor shall enter into an agreement with the Secretary, or otherwise certify in such form and manner as the Secretary shall prescribe, that the passenger air carrier or contractor shall—
(1) refrain from conducting involuntary furloughs or reducing pay rates and benefits until—
(A) with respect to passenger air carriers, March 31, 2021; or
(B) with respect to contractors, March 31, 2021, or the date on which the contractor expends such financial assistance, whichever is later;
(2) ensure that neither the passenger air carrier or contractor nor any affiliate of the passenger air carrier or contractor may, in any transaction, purchase an equity security of the passenger air carrier or contractor or the parent company of the passenger air carrier or contractor that is listed on a national securities exchange through—
(A) with respect to passenger air carriers, March 31, 2022; or
(B) with respect to contractors, March 31, 2022, or the date on which the contractor expends such financial assistance, whichever is later;
(3) ensure that the passenger air carrier or contractor shall not pay dividends, or make other capital distributions, with respect to common stock (or equivalent interest) of the air carrier or contractor through—
(A) with respect to passenger air carriers, March 31, 2022; or
(B) with respect to contractors, March 31, 2022, or the date on which the contractor expends such financial assistance, whichever is later; and
(4) meet the requirements of sections 9095 and 9096 of this title.
(b) Recalls of employeesAn agreement or certification under this section shall require a passenger air carrier or contractor to perform the following actions:
(1) In the case of a passenger air carrier or contractor that received financial assistance under title IV of the CARES Act [15 U.S.C. 9041 et seq., 9071 et seq.] —
(A) recall (as defined in section 9091 of this title), not later than 72 hours after executing such agreement or certification, any employees involuntarily furloughed by such passenger air carrier or contractor between October 1, 2020, and the date such passenger air carrier or contractor enters into an agreement with the Secretary with respect to financial assistance under this part;
(B) compensate returning employees for lost pay and benefits (offset by any amounts received by the employee from a passenger air carrier or contractor as a result of the employee’s furlough, including, but not limited to, furlough pay, severance pay, or separation pay) between—
(i) in the case of a passenger air carrier, December 1, 2020, and the date on which such passenger air carrier enters into an agreement with the Secretary with respect to financial assistance under this part; or
(ii) in the case of a contractor, December 27, 2020, and the date on which such contractor enters into an agreement with the Secretary with respect to financial assistance under this part; and
(C) restore the rights and protections for such returning employees as if such employees had not been involuntarily furloughed.
(2) In the case of a passenger air carrier or contractor that did not receive financial assistance under title IV of the CARES Act [15 U.S.C. 9041 et seq., 9071 et seq.] to—
(A) recall (as defined in section 9091 of this title), within 72 hours after executing such agreement or certification, any employees involuntarily furloughed by such passenger air carrier or contractor between March 27, 2020, and the date such passenger air carrier or contractor enters into an agreement with the Secretary for financial assistance under this part;
(B) compensate returning employees under this paragraph for lost pay and benefits (offset by any amounts received by the employee from a passenger air carrier or contractor as a result of the employee’s furlough, including, but not limited to, furlough pay, severance pay, or separation pay) between—
(i) in the case of a passenger air carrier, December 1, 2020, and the date such passenger air carrier enters into an agreement with the Secretary for financial assistance under this part; or
(ii) in the case of a contractor, December 27, 2020, and the date on which such contractor enters into an agreement with the Secretary with respect to financial assistance under this part; and
(C) restore the rights and protections for such returning employees as if such employees had not been involuntarily furloughed.
(Pub. L. 116–260, div. N, title IV, § 404, Dec. 27, 2020, 134 Stat. 2055.)

CITE AS: 15 USC 9094

§ 9095. Protection of collective bargaining agreements
(a) In general
(b) Passenger air carrier period of effect
(c) Contractor period of effect
(Pub. L. 116–260, div. N, title IV, § 405, Dec. 27, 2020, 134 Stat. 2057.)

CITE AS: 15 USC 9095

§ 9096. Limitation on certain employee compensation
(a) In generalThe Secretary may only provide financial assistance under this part to a passenger air carrier or contractor after such carrier or contractor enters into an agreement with the Secretary that provides that, during the 2-year period beginning October 1, 2020, and ending October 1, 2022—
(1) no officer or employee of the passenger air carrier or contractor whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to December 27, 2020) will receive from the passenger air carrier or contractor—
(A) total compensation that exceeds, during any 12 consecutive months of such 2-year period, the total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year 2019; or
(B) severance pay or other benefits upon termination of employment with the passenger air carrier or contractor which exceeds twice the maximum total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year 2019; and
(2) no officer or employee of the passenger air carrier or contractor whose total compensation exceeded $3,000,000 in calendar year 2019 may receive during any 12 consecutive months of such period total compensation in excess of the sum of—
(A) $3,000,000; and
(B) 50 percent of the excess over $3,000,000 of the total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year 2019.
(b) Total compensation defined
(Pub. L. 116–260, div. N, title IV, § 406, Dec. 27, 2020, 134 Stat. 2057.)

CITE AS: 15 USC 9096

§ 9097. Minimum air service guarantees
(a) In general
(b) Required considerations
(c) Sunset
(d) Sense of Congress
It is the sense of Congress that, when implementing this section, the Secretary of Transportation should take into consideration the following:
(1) A number of airports and communities have lost air service as a result of consolidated operations by covered air carriers, as permitted by the Department of Transportation, including smaller airports that are located near larger airports.
(2) Airports covering common points, as determined by the Department of Transportation, do not align with the grouping commonly used by many air carriers, other Federal agencies, and distribution channels used by consumers to purchase air travel.
(3) The demographic, geographic, economic, and other characteristics of an area and affected communities when determining whether consolidated operations at a single airport effectively serve the needs of the point.
(4) Maintaining a robust air transportation system, including maintaining air service to airports throughout the United States, plays an important role in the effective distribution of a coronavirus vaccine.
(5) The objections from community respondents on whether a specific airport should or should not be included in a consolidated point, including those objections noting the importance of the required considerations set forth in subsection (b).
(Pub. L. 116–260, div. N, title IV, § 407, Dec. 27, 2020, 134 Stat. 2058.)

CITE AS: 15 USC 9097

§ 9098. Taxpayer protection
(a) CARES Act assistance recipients
(b) Other applicants
(Pub. L. 116–260, div. N, title IV, § 408, Dec. 27, 2020, 134 Stat. 2059.)

CITE AS: 15 USC 9098

§ 9099. Reports
(a) Report
Not later than May 1, 2021, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the financial assistance provided to passenger air carriers and contractors under this part, that includes—
(1) a description of any financial assistance provided to passenger air carriers under this part;
(2) any audits of passenger air carriers or contractors receiving financial assistance under this part;
(3) any reports filed by passenger air carriers or contractors receiving financial assistance under this part;
(4) any instances of non-compliance by passenger air carriers or contractors receiving financial assistance under this part with the requirements of this part or agreements entered into with the Secretary to receive such financial assistance; and
(5) information relating to any clawback of any financial assistance provided to passenger air carriers or contractors under this part.
(b) Internet updates
(c) Supplemental update
(d) Protection of certain data
(Pub. L. 116–260, div. N, title IV, § 409, Dec. 27, 2020, 134 Stat. 2059.)

CITE AS: 15 USC 9099

§ 9100. Coordination

In implementing this part, the Secretary shall coordinate with the Secretary of Transportation.

(Pub. L. 116–260, div. N, title IV, § 410, Dec. 27, 2020, 134 Stat. 2060.)

CITE AS: 15 USC 9100

§ 9101. Funding

There is appropriated, out of amounts in the Treasury not otherwise appropriated, $16,000,000,000 to carry out this part, to remain available until expended.

(Pub. L. 116–260, div. N, title IV, § 411, Dec. 27, 2020, 134 Stat. 2060.)

CITE AS: 15 USC 9101