15 U.S.C. § 9111 — Assistance for providers of transportation

Page 2555 TITLE 15—COMMERCE AND TRADE § 9111 (4) any instances of non-compliance by pas- senger air carriers or contractors receiving fi- nancial assistance under this part with the re- quirements of this part or agreements entered into with the Secretary to receive such finan- cial 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 The Secretary shall update the website of the Department of the Treasury, at minimum, on a weekly basis as necessary to reflect new or re- vised distributions of financial assistance under this part with respect to each passenger air car- rier or contractor that receives such assistance, the identification of any applicant that applied for financial assistance under this part, and the date of application for such assistance. (c) Supplemental update Not later than the last day of the 1-year period following December 27, 2020, the Secretary shall update and submit to the Committee on Trans- portation and Infrastructure and the Committee on Financial Services of the House of Represent- atives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate, the report submitted under subsection (a). (d) Protection of certain data The Secretary may withhold information that would otherwise be required to be made avail- able under this section only if the Secretary de- termines to withhold the information in accord- ance with section 552 of title 5. (Pub. L. 116–260, div. N, title IV, § 409, Dec. 27, 2020, 134 Stat. 2059.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsecs. (a) and (b), was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 401–412) of title IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2052, which enacted this part and amended sections 9041, 9071, and 9074 of this title. For complete classification of subtitle A to the Code, see Tables. CODIFICATION Section was enacted as part of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and also as part of the Consolidated Appropria- tions Act, 2021, and not as part of the CARES Act which in part comprises this chapter. § 9100. Coordination In implementing this part, the Secretary shall coordinate with the Secretary of Transpor- tation. (Pub. L. 116–260, div. N, title IV, § 410, Dec. 27, 2020, 134 Stat. 2060.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 401–412) of title IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2052, which enacted this part and amended sections 9041, 9071, and 9074 of this title. For complete classifica- tion of subtitle A to the Code, see Tables. CODIFICATION Section was enacted as part of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and also as part of the Consolidated Appropria- tions Act, 2021, and not as part of the CARES Act which in part comprises this chapter. § 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.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 401–412) of title IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2052, which enacted this part and amended sections 9041, 9071, and 9074 of this title. For complete classifica- tion of subtitle A to the Code, see Tables. CODIFICATION Section was enacted as part of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and also as part of the Consolidated Appropria- tions Act, 2021, and not as part of the CARES Act which in part comprises this chapter. PART D—CORONAVIRUS ECONOMIC RELIEF FOR TRANSPORTATION SERVICES ACT Editorial Notes CODIFICATION Part D was enacted as part of the Coronavirus Eco- nomic Relief for Transportation Services Act and also as part of the Consolidated Appropriations Act, 2021, and not as part of the CARES Act which in part com- prises this chapter. § 9111. Assistance for providers of transportation services affected by COVID–19 (a) Definitions In this section: (1) Covered period The term ‘‘covered period’’, with respect to a provider of transportation services, means the period— (A) beginning on December 27, 2020; and (B) ending on the later of— (i) March 31, 2021; or (ii) the date on which all funds provided to the provider of transportation services under subsection (c) are expended. (2) COVID–19 The term ‘‘COVID–19’’ means the Coronavirus Disease 2019. (3) Payroll costs (A) In general The term ‘‘payroll costs’’ means— (i) any payment to an employee of com- pensation in the form of— Page 2556 TITLE 15—COMMERCE AND TRADE § 9111 (I) salary, wage, commission, or simi- lar compensation; (II) payment of a cash tip or an equiva- lent; (III) payment for vacation, parental, family, medical, or sick leave; (IV) payment required for the provi- sion of group health care or other group insurance benefits, including insurance premiums; (V) payment of a retirement benefit; (VI) payment of a State or local tax as- sessed on employees with respect to compensation; or (VII) paid administrative leave; and (ii) any payment of compensation to, or income of, a sole proprietor or independent contractor— (I) that is— (aa) a wage; (bb) a commission; (cc) income; (dd) net earnings from self-employ- ment; or (ee) similar compensation; and (II) in an amount equal to not more than $100,000 during 1 calendar year, as prorated for the covered period. (B) Exclusions The term ‘‘payroll costs’’ does not in- clude— (i) any compensation of an individual employee in excess of an annual salary of $100,000, as prorated for the covered period; (ii) any tax imposed or withheld under chapter 21, 22, or 24 of title 26 during the covered period; (iii) any compensation of an employee whose principal place of residence is out- side the United States; (iv) any qualified sick leave wages for which a credit is allowed under section 7001 of the Families First Coronavirus Re- sponse Act (26 U.S.C. 3111 note; Public Law 116–127); (v) any qualified family leave wages for which a credit is allowed under section 7003 of that Act (26 U.S.C. 3111 note; Public Law 116–127); or (vi) any bonus, raise in excess of infla- tion, or other form of additional employee compensation. (4) Provider of transportation services The term ‘‘provider of transportation serv- ices’’ means an entity that— (A) is established or organized— (i) in the United States; or (ii) pursuant to Federal law; (B) has significant operations, and a ma- jority of employees based, in the United States; (C) was in operation on March 1, 2020; and (D) is the operator of— (i) a vessel of the United States (as de- fined in section 116 of title 46) that is— (I) a passenger vessel (as defined in sec- tion 2101 of that title) carrying fewer than 2,400 passengers; (II) a small passenger vessel (as defined in section 2101 of that title); or (III) a vessel providing pilotage serv- ices and regulated by a State in accord- ance with chapter 85 of that title; (ii) a company providing transportation services using a bus characterized by an elevated passenger deck located over a baggage compartment (commonly known as an ‘‘over-the-road bus’’), including local and intercity fixed-route service, com- muter service, and charter or tour service (including tour or excursion service that includes features in addition to bus trans- portation, such as meals, lodging, admis- sion to points of interest or special attrac- tions, or the services of a guide); (iii) a company providing transportation services using a school bus (as defined in section 571.3 of title 49, Code of Federal Regulations (or successor regulations)); or (iv) any other passenger transportation service company subject to regulation by the Department of Transportation as the Secretary, in consultation with the Sec- retary of Transportation, determines to be appropriate. (5) Secretary The term ‘‘Secretary’’ means the Secretary of the Treasury. (b) Funding Out of any funds in the Treasury not other- wise appropriated, there are appropriated to pro- vide grants to eligible providers of transpor- tation services under this section, $2,000,000,000 for fiscal year 2021, to remain available until ex- pended. (c) Provision of assistance (1) In general The Secretary, in consultation with the Sec- retary of Transportation, shall use the amounts made available under subsection (b) to provide grants to eligible providers of transportation services described in paragraph (2) that certify to the Secretary that the pro- viders of transportation services have experi- enced a revenue loss of 25 percent or more, on an annual basis, as a direct or indirect result of COVID–19. (2) Description of eligible providers of trans- portation services (A) In general An eligible provider of transportation services referred to in paragraph (1) is— (i) a provider of transportation services that, on March 1, 2020— (I) had 500 or fewer full-time, part- time, or temporary employees; and (II) was not a subsidiary, parent, or af- filiate of any other entity with a com- bined total workforce of more than 500 full-time, part-time, or temporary em- ployees; or (ii) a provider of transportation services that— (I) on March 1, 2020, had more than 500 full-time, part-time, or temporary em- ployees; and Page 2557 TITLE 15—COMMERCE AND TRADE § 9111 1 So in original. The comma probably should not appear. (II) has not received assistance under paragraph (1), (2), or (3) of section 9042(b) of this title, or subtitle B of title IV of division A,1 of the Coronavirus Aid, Re- lief, and Economic Security Act (Public Law 116–136; 134 Stat. 281) [15 U.S.C. 9071 et seq.]. (B) Scope of eligibility for certain companies (i) In general A provider of transportation services that has entered into or maintains a con- tract or agreement described in clause (ii) shall not be determined to be ineligible for assistance under this subsection on the basis of that contract or agreement, sub- ject to clause (iv). (ii) Contract or agreement described A contract or agreement referred to in clause (i) is a contract or agreement for transportation services that is supported by a public entity using funds received under the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 505). (iii) Adjustment of assistance The Secretary may reduce the amount of assistance available under this subsection to a provider of transportation services de- scribed in clause (i) based on the amount of funds provided under this section or the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 505) that have supported a contract or agreement described in clause (ii) to which the provider of transportation services is a party. (iv) Notice requirement A provider of transportation services that has entered into or maintains a con- tract or agreement described in clause (ii), and that applies for assistance under this subsection, shall submit to the Secretary a notice describing the contract or agree- ment, including the amount of funds pro- vided for the contract or agreement under this subsection or the Emergency Appro- priations for Coronavirus Health Response and Agency Operations (division B of Pub- lic Law 116–136; 134 Stat. 505). (3) Amount (A) Factors for consideration In determining the amount of assistance to be provided to an eligible provider of transportation services under this sub- section, the Secretary shall take into con- sideration information provided by the pro- vider of transportation services, including— (i) the amount of debt owed by the pro- vider of transportation services on major equipment, if any; (ii) other sources of Federal assistance provided to the provider of transportation services, if any; and (iii) such other information as the Sec- retary may require. (B) Limitations (i) Award The Secretary shall ensure that the amount of assistance provided to a pro- vider of transportation services under this subsection, when combined with any other Federal assistance provided in response to COVID–19 under the Coronavirus Aid, Re- lief, and Economic Security Act (Public Law 116–136; 134 Stat. 281), the Paycheck Protection Program and Health Care En- hancement Act (Public Law 116–139; 134 Stat. 620), or any other provision of law, does not exceed the total amount of rev- enue earned by the provider of transpor- tation services during calendar year 2019. (ii) Certification A provider of transportation services seeking assistance under this subsection shall submit to the Secretary— (I) documentation describing the total amount of revenue earned by the pro- vider of transportation services during calendar year 2019; and (II) a certification that the amount of assistance sought under this subsection, when combined with any other Federal assistance described in clause (i), does not exceed the total amount of revenue earned by the provider of transportation services during calendar year 2019. (4) Form of assistance The amounts made available under sub- section (b) shall be provided to eligible pro- viders of transportation services in the form of grants. (5) Equal access The Secretary shall ensure equal access to the assistance provided under this section to eligible providers of transportation services that are small, minority-owned, and women- owned businesses. (6) Conditions of receipt As a condition of receipt of assistance under this subsection, the Secretary shall require that a provider of transportation services shall agree— (A) subject to paragraph (7)— (i) to commence using the funds, on a priority basis and to the extent the funds are available, to maintain through the ap- plicable covered period, expenditures on payroll costs for all employees as of De- cember 27, 2020, after making any adjust- ments required for— (I) retirement; or (II) voluntary employee separation; (ii) not to impose, during the covered pe- riod— (I) any involuntary furlough; or (II) any reduction in pay rates or bene- fits for nonexecutive employees; and (iii) to recall or rehire any employees laid off, furloughed, or terminated after Page 2558 TITLE 15—COMMERCE AND TRADE § 9111 March 27, 2020, to the extent warranted by increased service levels; (B) to return to the Secretary any funds received under this subsection that are not used by the provider of transportation serv- ices by the date that is 1 year after the date of receipt of the funds; and (C) to examine the anticipated expenditure of the funds by the provider of transpor- tation services for the purposes described in subparagraph (A) not less frequently than once every 90 days after the date of receipt of the funds. (7) Ramp-up period The requirement described in paragraph (6)(A)(iii) shall not apply to a provider of transportation services until the later of— (A) the date that is 30 days after the date of receipt of the funds; and (B) the date that is 90 days after December 27, 2020. (8) Additional conditions of certain receipts (A) Prioritization of payroll costs As a condition of receipt of a grant under this subsection, the Secretary shall require that, except as provided in subparagraph (B), a provider of transportation services shall agree to use an amount equal to not less than 60 percent of the funds on payroll costs of the provider of transportation services. (B) Exception Subparagraph (A) shall not apply to a pro- vider of transportation services if the pro- vider of transportation services certifies to the Secretary that, after making any adjust- ments required for retirement or voluntary employee separation— (i) each nonseasonal employee on the payroll of the provider of transportation services on January 1, 2020— (I) if laid off, furloughed, or terminated by the provider of transportation serv- ices as described in paragraph (6)(A)(iii), is rehired, or has been offered rehire, by the provider of transportation services; and (II) if rehired under clause (i) or sub- ject to a reduction in salary before the date of receipt by the provider of trans- portation services of assistance under this subsection, receives not less than 100 percent of the previous salary of the employee; (ii) the provider of transportation serv- ices— (I) is staffed at a level of full-time equivalent, seasonal employees, on a monthly basis, that is greater than or equivalent to the level at which the pro- vider of transportation services was staffed with full-time equivalent, sea- sonal employees on a monthly basis dur- ing calendar year 2019; (II) is offering priority in rehiring to seasonal employees that were laid off, furloughed, terminated, or not offered rehire in calendar year 2020, as the pro- vider of transportation services achieves staffing at the level described in sub- clause (I); and (III) offers any seasonal employee re- hired under subclause (II) or subject to a reduction in salary before the date of re- ceipt by the provider of transportation services of assistance under this sub- section not less than 100 percent of the previous salary of the employee; and (iii) the provider of transportation serv- ices will fully cover, through the applica- ble covered period, all payroll costs associ- ated with the staffing requirements de- scribed in clauses (i) and (ii). (9) Forms; terms and conditions A grant provided under this section shall be in such form, subject to such terms and condi- tions, and contain such covenants, representa- tions, warranties, and requirements (including requirements for audits) as the Secretary de- termines to be appropriate in accordance with this section. (d) Eligible activities (1) In general Subject to the priority described in sub- section (c)(6)(A), a provider of transportation services shall use assistance provided under subsection (c) only for— (A) the payment of payroll costs; (B) the acquisition of services, equipment, including personal protective equipment, and other measures needed to protect work- ers and customers from COVID–19; (C) continued operations and maintenance during the applicable covered period of exist- ing capital equipment and facilities— (i) including rent, leases, insurance, and interest on regularly scheduled debt serv- ice; but (ii) not including any prepayment of, or payment of principal on, a debt obligation, except for any principal on a debt obliga- tion accrued by the provider of transpor- tation services directly to maintain the expenditures of the provider of transpor- tation services on payroll costs through- out the COVID–19 pandemic; or (D) the compensation of returning employ- ees for lost pay and benefits during the COVID–19 pandemic, subject to subsection (e). (2) Eligibility The use of assistance provided under sub- section (c) for the compensation of returning employees under paragraph (1)(D) shall be counted toward the required amount of grants to be used on payroll costs under subsection (c)(6)(A). (e) Compensation of returning employees Notwithstanding any other provision of law, any compensation provided to a returning em- ployee under subsection (d)(1)(D)— (1) shall be offset by— (A) any amounts received by the employee from the provider of transportation services as a result of the layoff, furlough, or termi- nation of the employee or any failure to hire Page 2559 TITLE 15—COMMERCE AND TRADE § 9121 2 So in original. Probably should be ‘‘26 U.S.C. 3304 note’’. 1 See References in Text note below. the employee for seasonal employment dur- ing calendar year 2020, including— (i) furlough pay; (ii) severance pay; or (iii) separation pay; and (B) any amounts the employee received from unemployment insurance; and (2) shall not— (A) be considered an overpayment for pur- poses of any State or Federal unemployment law; or (B) be subject to any overpayment recov- ery efforts by a State agency (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (U.S.C. 3304 note 2 )). (f) Administrative provisions (1) In general The Secretary may take such actions as the Secretary determines to be necessary to carry out this section, including— (A) using direct hiring authority to hire employees to administer this section; (B) entering into contracts, including con- tracts for services authorized by this sec- tion; and (C) issuing such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this section. (2) Administrative expenses Of the funds made available under this sec- tion, not more than $50,000,000 may be used by the Secretary for administrative expenses to carry out this section. (3) Availability for obligation The funds made available under this section shall remain available for obligation until the date that is 3 years after December 27, 2020. (Pub. L. 116–260, div. N, title IV, § 421, Dec. 27, 2020, 134 Stat. 2061.) Editorial Notes REFERENCES IN TEXT The Coronavirus Aid, Relief, and Economic Security Act, referred to in subsec. (c)(2)(A)(ii)(II), (3)(B)(i), also known as the CARES Act, is Pub. L. 116–136, Mar. 27, 2020, 134 Stat. 281, which enacted this chapter and en- acted, amended, and repealed numerous other sections and notes in the Code. Subtitle B of title IV of division A of the Act is classified generally to part B (§ 9071 et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 9001 of this title and Tables. The Emergency Appropriations for Coronavirus Health Response and Agency Operations, referred to in subsec. (c)(2)(B)(ii) to (iv), is div. B of Pub. L. 116–136, Mar. 27, 2020, 134 Stat. 505. Provisions in the Act relat- ing to funds for transportation services are not classi- fied to the Code. The Paycheck Protection Program and Health Care Enhancement Act, referred to in subsec. (c)(3)(B)(i), is Pub. L. 116–139, Apr. 24, 2020, 134 Stat. 620, which amend- ed sections 636, 9006, and 9009 of this title. For complete classification of this Act to the Code, see Short Title of 2020 Amendment note set out under section 9001 of this title and Tables. Section 205 of the Federal-State Extended Unemploy- ment Compensation Act of 1970, referred to in subsec. (e)(2)(B), is section 205 of Pub. L. 91–373, which is set out as a note under section 3304 of Title 26, Internal Rev- enue Code. CODIFICATION Section was enacted as part of the Coronavirus Eco- nomic Relief for Transportation Services Act and also as part of the Consolidated Appropriations Act, 2021, and not as part of the CARES Act which in part com- prises this chapter. PART E—RELIEF FOR AIRPORTS Editorial Notes CODIFICATION Part E was enacted as part of the American Rescue Plan Act of 2021, and not as part of the CARES Act which in part comprises this chapter. § 9121. Relief for airports (a) In general (1) In general In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any funds in the Treasury not otherwise ap- propriated, $8,000,000,000, to remain available until September 30, 2024, for assistance to sponsors of airports, as such terms are defined in section 47102 of title 49, to be made avail- able to prevent, prepare for, and respond to coronavirus. (2) Requirements and limitations Amounts made available under this sec- tion— (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 op- erating funds to prevent, prepare for, and re- spond 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 pay- ments (A) In general Not more than $6,492,000,000 shall be made available for primary airports, as such term is defined in section 47102 of title 49, and cer- tain cargo airports, for costs related to oper- ations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. (B) Distribution Amounts made available under this para- graph— (i) shall not be subject to the reduced ap- portionments 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),1 47114(c)(1)(C)(ii),1 47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) 1 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.