Collapse to view only § 9072. Pandemic relief for aviation workers
- § 9071. Definitions
- § 9072. Pandemic relief for aviation workers
- § 9073. Procedures for providing payroll support
- § 9074. Required assurances
- § 9075. Protection of collective bargaining agreement
- § 9076. Limitation on certain employee compensation
- § 9077. Tax payer protection
- § 9078. Reports
- § 9079. Coordination
- § 9080. Direct appropriation
§ 9071. DefinitionsUnless otherwise specified, the terms in section 40102(a) of title 49 shall apply to this part, except that—
(1) the term “airline catering employee” means an employee who performs airline catering services;
(2) the term “airline catering services” 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;
(3) 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;
(4) the term “employee” means an individual, other than a corporate officer, who is employed by an air carrier or a contractor;
(5) the term “recall” means the dispatch of a notice by 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 that is not less than 14 days, 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 contractor; and
(B) failure to respond within such time period specified will be deemed to be an election under subparagraph (A)(ii); and
(6) the term “Secretary” means the Secretary of the Treasury.
(Pub. L. 116–136, div. A, title IV, § 4111, Mar. 27, 2020, 134 Stat. 497; Pub. L. 116–260, div. N, title IV, § 412(b), Dec. 27, 2020, 134 Stat. 2061.)
§ 9072. 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 $25,000,000,000;
(2) cargo air carriers, in the aggregate amount up to $4,000,000,000; and
(3) contractors, in an aggregate amount up to $3,000,000,000.
(b) Administrative expenses
(Pub. L. 116–136, div. A, title IV, § 4112, Mar. 27, 2020, 134 Stat. 498; Pub. L. 117–328, div. LL, § 102(d)(1)(B), Dec. 29, 2022, 136 Stat. 6103.)
§ 9073. Procedures for providing payroll support
(a) Awardable amounts
The Secretary shall provide financial assistance under this part—
(1) to an air carrier in an amount equal to the salaries and benefits reported by the air carrier to the Department of Transportation pursuant to part 241 of title 14, Code of Federal Regulations, for the period from April 1, 2019, through September 30, 2019; and
(2) to an air carrier that does not transmit reports under such part 241, in an amount that such air carrier certifies, using sworn financial statements or other appropriate data, as the amount of wages, salaries, benefits, and other compensation that such air carrier paid the employees of such air carrier during the period from April 1, 2019, through September 30, 2019; and
(3) to a contractor, in 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 April 1, 2019, through September 30, 2019.
(b) Deadlines and procedures
(1) In general
(A) Forms; terms and conditions
(B) Procedures
(2) Deadline for immediate payroll assistance
(3) Subsequent payments
(c) Pro rata authority
(d) Audits
(Pub. L. 116–136, div. A, title IV, § 4113, Mar. 27, 2020, 134 Stat. 498.)
§ 9074. Required assurances
(a) In general
To be eligible for financial assistance under this part, an air carrier or contractor shall enter into an agreement with the Secretary, or otherwise certify in such form and manner as the Secretary shall prescribe, that the air carrier or contractor shall—
(1) refrain from conducting involuntary furloughs or reducing pay rates and benefits until September 30, 2020;
(2) through September 30, 2021, ensure that neither the air carrier or contractor nor any affiliate of the air carrier or contractor may, in any transaction, purchase an equity security of the air carrier or contractor or the parent company of the air carrier or contractor that is listed on a national securities exchange;
(3) through September 30, 2021, ensure that the air carrier or contractor shall not pay dividends, or make other capital distributions, with respect to the common stock (or equivalent interest) of the air carrier or contractor; and
(4) meet the requirements of sections 9075 and 9076 of this title.
(b) Department of Transportation Authority to condition assistance on continuation of service
(1) In general
(2) Required considerations
(3) Sunset
(c) Continued application
(1) In general
(2) Special rule
(d) Recall of employees
(1) In general
(2) Waiver
(3) Audits
(Pub. L. 116–136, div. A, title IV, § 4114, Mar. 27, 2020, 134 Stat. 499; Pub. L. 116–260, div. N, title IV, § 412(a), Dec. 27, 2020, 134 Stat. 2060.)
§ 9075. Protection of collective bargaining agreement
(a) In general
(b) Period of effect
(Pub. L. 116–136, div. A, title IV, § 4115, Mar. 27, 2020, 134 Stat. 500.)
§ 9076. Limitation on certain employee compensation
(a) In generalThe Secretary may only provide financial assistance under this part to an air carrier or contractor after such carrier or contractor enters into an agreement with the Secretary which provides that, during the 2-year period beginning March 24, 2020, and ending March 24, 2022, no officer or employee of the 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 March 27, 2020)—
(1) will receive from the air carrier or contractor total compensation which exceeds, during any 12 consecutive months of such 2-year period, the total compensation received by the officer or employee from the air carrier or contractor in calendar year 2019;
(2) will receive from the air carrier or contractor severance pay or other benefits upon termination of employment with the air carrier or contractor which exceeds twice the maximum total compensation received by the officer or employee from the air carrier or contractor in calendar year 2019; and
(3) no officer or employee of the eligible business 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 eligible business in calendar year 2019.
(b) Total compensation defined
(Pub. L. 116–136, div. A, title IV, § 4116, Mar. 27, 2020, 134 Stat. 500.)
§ 9077. Tax payer protection
The Secretary may receive warrants, options, preferred stock, debt securities, notes, or other financial instruments issued by recipients of financial assistance under this part which, in the sole determination of the Secretary, provide appropriate compensation to the Federal Government for the provision of the financial assistance.
(Pub. L. 116–136, div. A, title IV, § 4117, Mar. 27, 2020, 134 Stat. 500.)
§ 9078. Reports
(a) Report
(b) Update
(Pub. L. 116–136, div. A, title IV, § 4118, Mar. 27, 2020, 134 Stat. 501.)
§ 9079. Coordination
In implementing this part the Secretary shall coordinate with the Secretary of Transportation.
(Pub. L. 116–136, div. A, title IV, § 4119, Mar. 27, 2020, 134 Stat. 501.)
§ 9080. Direct appropriation
Notwithstanding any other provision of law, there is appropriated, out of amounts in the Treasury not otherwise appropriated, $32,000,000,000 to carry out this part.
(Pub. L. 116–136, div. A, title IV, § 4120, Mar. 27, 2020, 134 Stat. 501.)