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15 U.S.C. § 9074 — Required assurances

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 9074 — Required assurances

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Source file: Laws/federal/codes/united-states-code/title-15/section-9074-required-assurances--667bd2b1bd.md
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Source location: Title 15, Chapter 116, § 9074; chapter-116-coronavirus-economic-stabilization-cares-act.md

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**(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** — The Secretary of Transportation is authorized to require, to the extent reasonable and practicable, an air carrier provided financial assistance under this part to maintain scheduled air transportation service, as the Secretary of Transportation deems necessary, to ensure services to any point served by that carrier before March 1, 2020. (2) **Required considerations** — When considering whether to exercise the authority provided by this section, the Secretary of Transportation shall take into consideration the air transportation needs of small and remote communities and the need to maintain well-functioning health care supply chains, including medical devices and supplies, and pharmaceutical supply chains. (3) **Sunset** — The authority provided under this subsection shall terminate on March 1, 2022, and any requirements issued by the Secretary of Transportation under this subsection shall cease to apply after that date. **(c) Continued application** (1) **In general** — If, after December 27, 2020, a contractor expends any funds made available pursuant to [section 9072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9072&num=0&edition=prelim) and distributed pursuant to [section 9073 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9073&num=0&edition=prelim), the assurances in paragraphs (1) through (3) of subsection (a) shall continue to apply until the dates included in such paragraphs, or the date on which the contractor fully expends such financial assistance, whichever is later. (2) **Special rule** — Not later than April 5, 2021, each contractor described in [section 9071(3)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9071/3/A/i&num=0&edition=prelim) that has received funds pursuant to such [section 9072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9072&num=0&edition=prelim) shall report to the Secretary on the amount of such funds that the contractor has expended through March 31, 2021. If the contractor has expended an amount that is less than 100 percent of the total amount of funds the contractor received under such section, the Secretary shall initiate an action to recover any funds that remain unexpended as of April 30, 2021. **(d) Recall of employees** (1) **In general** — Subject to paragraph (2), any contractor that has unspent financial assistance provided under this part as of December 27, 2020, and conducted involuntary furloughs or reduced pay rates and benefits, between March 27, 2020, and the date on which the contractor entered into an agreement with the Secretary related to financial assistance under this part, shall recall (as defined in [section 9071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9071&num=0&edition=prelim)) employees who were involuntarily furloughed during such period by not later than January 4, 2021. (2) **Waiver** — The Secretary of the Treasury shall waive the requirement under paragraph (1) for a contractor to recall employees if the contractor certifies that the contractor has or will have insufficient remaining financial assistance provided under this part to keep recalled employees employed for more than two weeks upon returning to work. (3) **Audits** — The Inspector General of the Department of the Treasury shall audit certifications made under paragraph (2).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 9071 — Definitions

Unless otherwise specified, the terms in [section 40102(a) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim) 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 acc

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 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* — Financial assistance provided to an air carrier or contractor under this part shall be in such form, on such terms and conditions (including requirements for audits and the clawback of any financial assistance provided upon failure by a passenger air carrier, cargo air carrier, or contractor to honor the assurances specified in [section 9074 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9074&num=0&edition=prelim)), as the Secretary determines appropriate. (B) *Procedures* — The Secretary shall publish streamlined and expedited procedures not later than 5 days after March 27, 2020, for air carriers

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 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** Notwithstanding any other provision of law, the Secretary, may use $67,000,000 of the funds made available under section 9080(a) 11 So in original. There is no subsec. (a) in [section 9080 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9080&num=0&edition=prelim). of this title for costs and administrative expenses associated with providing financial assistance under this part.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 9074 — Required assurances

Page 2548 TITLE 15—COMMERCE AND TRADE § 9074 paragraph of section 9072 of this title in order to address any shortfall in assistance that would otherwise be provided under such section. (d) Audits The Inspector General of the Department of the Treasury shall audit certifications made under subsection (a). (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 other- wise certify in such form and manner as the Sec- retary shall prescribe, that the air carrier or contractor shall— (1) refrain from conducting involuntary fur- loughs 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 secu- rity of the air carrier or contractor or the par- ent company of the air carrier or contractor that is listed on a national securities ex- change; (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 equiva- lent 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 serv- ice (1) In general The Secretary of Transportation is author- ized to require, to the extent reasonable and practicable, an air carrier provided financial assistance under this part to maintain sched- uled air transportation service, as the Sec-

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 9074

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