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15 U.S.C. § 9094 — Required assurances
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** To 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 employees** An agreement or certification under this section shall require a passenger air carrier or contractor to perform the follo
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Source file: Laws/federal/codes/united-states-code/title-15/section-9094-required-assurances--755cb1df87.md
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Source location: Title 15, Chapter 116, § 9094; chapter-116-coronavirus-economic-stabilization-cares-act.md
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**(a) In general** To 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 employees** An 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9041&num=0&edition=prelim) et seq., 9071 et seq.] —
(A) recall (as defined in [section 9091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9091&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9041&num=0&edition=prelim) et seq., 9071 et seq.] to—
(A) recall (as defined in [section 9091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9091&num=0&edition=prelim)), 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.
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Federal law — U.S. Code and appendices · legal_authorities
Unless otherwise specified, the definitions 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 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 colle
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9091
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Air carrier** — The term “air carrier” has the meaning such term has under [section 40102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102&num=0&edition=prelim).
(2) **Coronavirus** — The term “coronavirus” means SARS–CoV–2 or another coronavirus with pandemic potential.
(3) **Covered loss** — The term “covered loss” includes losses incurred directly or indirectly as a result of coronavirus, as determined by the Secretary.
(4) **Eligible business** — The term “eligible business” means—
(A) an air carrier; or
(B) a United States business that has not otherwise received adequate economic relief in the form of loans or loan guarantees provided under this Act.
(5) **Employee** — Except where the context otherwise requires, the term “employee”—
(A) has the meaning given the term in [section 152 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section152&num=0&edition=prelim); and
(B) includes any individual employed by an employer subject to the Railway Labor Act ([45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.).
(6) **Equity security; exchange** — The terms “equity security” and “exchange” have the meanings given the terms in [section 78c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78c/a&num=0&edition=prelim).
(7) **Municipality** — The term “municipality” includes—
(A) a political subdivision of a State, and
(B) an instrumentality of a municipality, a State, or a political subdivision of a State.
(8) **National securities exchange** — The term “national securities exchange” means an exchange registered as a national securiti
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Awardable amounts** The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9073&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9073&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9073&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9073&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9093
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Federal law — U.S. Code and appendices · legal_authorities
Page 2518
TITLE 15—COMMERCE AND TRADE
§ 9034
during which such agreement is in effect, claim-
ants of unemployment compensation refuse to
return to work or to accept an offer of suitable
work without good cause. Such method shall in-
clude the following:
(1) A reporting method for employers, such
as through a phone line, email, or online por-
tal, to notify the State agency when an indi-
vidual refuses an offer of employment.
(2) A plain-language notice provided to such
claimants about State return to work laws,
rights to refuse to return to work or to refuse
suitable work, including what constitutes
suitable work, and a claimant’s right to refuse
work that poses a risk to the claimant’s
health or safety, and information on con-
testing the denial of a claim that has been de-
nied due to a report by an employer that the
claimant refused to return to work or refused
suitable work.
(Pub. L. 116–136, div. A, title II, § 2117, as added
Pub. L. 116–260, div. N, title II, § 251(a), Dec. 27,
2020, 134 Stat. 1961.)
Editorial Notes
REFERENCES IN TEXT
This subtitle, referred to in text, is subtitle A (§ 2101
et seq.) of title II of div. A of Pub. L. 116–136, Mar. 27,
2020, 134 Stat. 313, known as the Relief for Workers Af-
fected by Coronavirus Act. For complete classification
of subtitle A to the Code, see Short Title note set out
under section 9001 of this title and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 116–260, div. N, title II, § 251(b), Dec. 27, 2020,
134 Stat. 1961, provided that: ‘‘The requirements im-
posed by this section [enacting this section] shall take
effect 30 days from the date of enactment of this Act
[Dec. 27, 2020].’’
§ 9034. Funding for fraud prevention, equitable
access, and timely payment to eligi
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 9041
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Federal law — U.S. Code and appendices · legal_authorities
Page 2551
TITLE 15—COMMERCE AND TRADE
§ 9094
(A) the amount such air carrier was ap-
proved to receive (without taking into ac-
count any pro rata reduction) under section
9073 of this title, plus an additional 15 per-
cent of such amount;
(B) at the request of such air carrier, pro-
vided such air carrier received assistance
under section 9073 of this title, the sum of—
(i) the amount that such air carrier cer-
tifies, 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 pe-
riod 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 re-
ceive assistance under section 9073 of this
title, an amount that such an air carrier cer-
tifies, 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 Oc-
tober 1, 2019, through March 31, 2020; and
(3) to a contractor in an amount equal to—
(A) the amount such contractor was ap-
proved to receive (without taking into ac-
count any pro rata reduction) under section
9073 of this title; or
(B) in the event such contractor did not re-
ceive assistance under sect
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 9094
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