Collapse to view only § 9121. Relief for airports
§ 9121. Relief for airports
(a) In general
(1) In general
(2) Requirements and limitations
Amounts made available under this section—
(A) may not be used for any purpose not directly related to the airport; and
(B) may not be provided to any airport that was allocated in excess of 4 years of operating funds to prevent, prepare for, and respond to coronavirus in fiscal year 2020.
(b) Allocations
The following terms shall apply to the amounts made available under this section:
(1) Operating expenses and debt service payments
(A) In general
(B) Distribution
Amounts made available under this paragraph—
(i) shall not be subject to the reduced apportionments under section 47114(f) of title 49;
(ii) shall first be apportioned as set forth in sections 47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) of title 49; and
(iii) shall not be subject to a maximum apportionment limit set forth in section 47114(c)(1)(B) of title 49.
(C) Remaining amounts
(2) Federal share for development projects
(A) In general
(B) Remaining amounts
(3) Nonprimary airports
(A) In general
(B) Distribution
(C) Remaining amounts
(4) Airport concessions
(A) In general
(B) Distribution
(C) Conditions
As a condition of approving a grant under this paragraph—
(i) the sponsor shall provide such relief from March 21, 2021, until the sponsor has provided relief equaling the total grant amount, to the extent practicable and to the extent permissible under State laws, local laws, and applicable trust indentures; and
(ii) for each set-aside, the sponsor shall provide relief from rent and minimum annual guarantee obligations to each eligible airport concession in an amount that reflects each eligible airport concession’s proportional share of the total amount of the rent and minimum annual guarantees of those eligible airport concessions at such airport.
(c) Administration
(1) Administrative expenses
(2) Workforce retention requirements
(A) Required retention
(B) Waiver of retention requirement
The Secretary shall waive the workforce retention requirement if the Secretary determines that—
(i) the airport is experiencing economic hardship as a direct result of the requirement; or
(ii) the requirement reduces aviation safety or security.
(C) Exception
(D) Noncompliance
(d) Definitions
In this section:
(1) Eligible large airport concession
(2) Eligible small airport concession
The term “eligible small airport concession” means a concession (as defined in section 23.3 of title 49, Code of Federal Regulations), that is in-terminal and—
(A) a small business with maximum gross receipts, averaged over the previous 3 fiscal years, of less than $56,420,000; or
(B) is a joint venture (as defined in section 23.3 of title 49, Code of Federal Regulations).
(Pub. L. 117–2, title VII, § 7102, Mar. 11, 2021, 135 Stat. 96.)