15 U.S.C. 9073 (U.S. Code, current edition)

Summary

The current-edition U.S. Code text of 15 U.S.C. 9073, Procedures for providing payroll support, from the aviation worker relief enacted by Pub. L. 116–136. The Secretary of the Treasury pays an air carrier an amount equal to the salaries and benefits it reported to the Department of Transportation for the period from April 1, 2019, through September 30, 2019, or, for a carrier that does not file those reports, the amount it certifies using sworn financial statements. The preceding § 9072 sets aggregate amounts of up to $25,000,000,000 for passenger air carriers, $4,000,000,000 for cargo air carriers and $3,000,000,000 for contractors, with $67,000,000 for administrative expenses, a figure Pub. L. 117–328 substituted for $100,000,000. Under § 9074, recipients must refrain from involuntary furloughs or reducing pay rates and benefits until September 30, 2020.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“15 U.S.C. 9073 (U.S. Code, current edition).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-9073-u-s-code-current-edition-de2e28c0ec/, SHA-256 ec72d5390379735aec8e74a4364ecfb9246e923874ad38895a8247195acaa5b7.

Full text

Page 2547 TITLE 15—COMMERCE AND TRADE § 9073

loughed employee notifying the employee L. 117–328, set out as a note under secton 802 of Title 42,
that— The Public Health and Welfare.
(A) the employee must, within a specified
§ 9073. Procedures for providing payroll support
period of time that is not less than 14 days,
elect either— (a) Awardable amounts
(i) to return to employment or bypass re- The Secretary shall provide financial assist-
turn to employment in accordance with an ance under this part—
applicable collective bargaining agreement (1) to an air carrier in an amount equal to
or, in the absence of a collective bar- the salaries and benefits reported by the air
gaining agreement, company policy; or carrier to the Department of Transportation
(ii) to permanently separate from em- pursuant to part 241 of title 14, Code of Federal
ployment with the contractor; and Regulations, for the period from April 1, 2019,
(B) failure to respond within such time pe- through September 30, 2019; and
riod specified will be deemed to be an elec- (2) to an air carrier that does not transmit
tion under subparagraph (A)(ii); and reports under such part 241, in an amount that
such air carrier certifies, using sworn finan-
(6) the term ‘‘Secretary’’ means the Sec- cial statements or other appropriate data, as
retary of the Treasury. the amount of wages, salaries, benefits, and
(Pub. L. 116–136, div. A, title IV, § 4111, Mar. 27, other compensation that such air carrier paid
2020, 134 Stat. 497; Pub. L. 116–260, div. N, title the employees of such air carrier during the
IV, § 412(b), Dec. 27, 2020, 134 Stat. 2061.) period from April 1, 2019, through September
30, 2019; and
Editorial Notes (3) to a contractor, in an amount that the
contractor certifies, using sworn financial
AMENDMENTS
statements or other appropriate data, as the
2020—Pars. (5), (6). Pub. L. 116–260 added par. (5) and amount of wages, salaries, benefits, and other
redesignated former par. (5) as (6). compensation that such contractor paid the
§ 9072. Pandemic relief for aviation workers employees of such contractor during the pe-
riod from April 1, 2019, through September 30,
(a) Financial assistance for employee wages, sal- 2019.
aries, and benefits (b) Deadlines and procedures
Notwithstanding any other provision of law, (1) In general
to preserve aviation jobs and compensate air
(A) Forms; terms and conditions
carrier industry workers, the Secretary shall
provide financial assistance that shall exclu- Financial assistance provided to an air
sively be used for the continuation of payment carrier or contractor under this part shall be
of employee wages, salaries, and benefits to— in such form, on such terms and conditions
(1) passenger air carriers, in an aggregate (including requirements for audits and the
amount up to $25,000,000,000; clawback of any financial assistance pro-
(2) cargo air carriers, in the aggregate vided upon failure by a passenger air carrier,
amount up to $4,000,000,000; and cargo air carrier, or contractor to honor the
(3) contractors, in an aggregate amount up assurances specified in section 9074 of this
to $3,000,000,000. title), as the Secretary determines appro-
priate.
(b) Administrative expenses
(B) Procedures
Notwithstanding any other provision of law,
the Secretary, may use $67,000,000 of the funds The Secretary shall publish streamlined
made available under section 9080(a) 1 of this and expedited procedures not later than 5
title for costs and administrative expenses asso- days after March 27, 2020, for air carriers and
ciated with providing financial assistance under contractors to submit requests for financial
this part. assistance under this part.
(2) Deadline for immediate payroll assistance
(Pub. L. 116–136, div. A, title IV, § 4112, Mar. 27,
2020, 134 Stat. 498; Pub. L. 117–328, div. LL, Not later than 10 days after March 27, 2020,
§ 102(d)(1)(B), Dec. 29, 2022, 136 Stat. 6103.) the Secretary shall make initial payments to
air carriers and contractors that submit re-
Editorial Notes quests for financial assistance approved by to
the Secretary.
AMENDMENTS
(3) Subsequent payments
2022—Subsec. (b). Pub. L. 117–328 substituted
‘‘$67,000,000’’ for ‘‘$100,000,000’’. The Secretary shall determine an appro-
priate method for timely distribution of pay-
Statutory Notes and Related Subsidiaries ments to air carriers and contractors with ap-
proved requests for financial assistance from
EFFECTIVE DATE OF 2022 AMENDMENT any funds remaining available after providing
Amendment by Pub. L. 117–328 effective upon initial financial assistance payments under
issuance of guidance or the promulgation of a rule by paragraph (2).
the Secretary of the Treasury, in consultation with the
Secretary of Transportation, see section 102(c) of Pub. (c) Pro rata authority
The Secretary shall have the authority to re-
1 So in original. There is no subsec. (a) in section 9080 of this duce, on a pro rata basis, the amounts due to air
title. carriers and contractors under the applicable
§ 9074 TITLE 15—COMMERCE AND TRADE Page 2548

paragraph of section 9072 of this title in order to section 9072 of this title and distributed pursu-
address any shortfall in assistance that would ant to section 9073 of this title, the assurances
otherwise be provided under such section. in paragraphs (1) through (3) of subsection (a)
(d) Audits shall continue to apply until the dates in-
The Inspector General of the Department of cluded in such paragraphs, or the date on
the Treasury shall audit certifications made which the contractor fully expends such finan-
under subsection (a). cial assistance, whichever is later.
(2) Special rule
(Pub. L. 116–136, div. A, title IV, § 4113, Mar. 27,
2020, 134 Stat. 498.) Not later than April 5, 2021, each contractor
described in section 9071(3)(A)(i) of this title
§ 9074. Required assurances that has received funds pursuant to such sec-
(a) In general tion 9072 of this title shall report to the Sec-
To be eligible for financial assistance under retary on the amount of such funds that the
this part, an air carrier or contractor shall enter contractor has expended through March 31,
into an agreement with the Secretary, or other- 2021. If the contractor has expended an amount
wise certify in such form and manner as the Sec- that is less than 100 percent of the total
retary shall prescribe, that the air carrier or amount of funds the contractor received under
contractor shall— such section, the Secretary shall initiate an
(1) refrain from conducting involuntary fur- action to recover any funds that remain unex-
loughs or reducing pay rates and benefits until pended as of April 30, 2021.
September 30, 2020; (d) Recall of employees
(2) through September 30, 2021, ensure that (1) In general
neither the air carrier or contractor nor any
affiliate of the air carrier or contractor may, Subject to paragraph (2), any contractor
in any transaction, purchase an equity secu- that has unspent financial assistance provided
rity of the air carrier or contractor or the par- under this part as of December 27, 2020, and
ent company of the air carrier or contractor conducted involuntary furloughs or reduced
that is listed on a national securities ex- pay rates and benefits, between March 27, 2020,
change; and the date on which the contractor entered
(3) through September 30, 2021, ensure that into an agreement with the Secretary related
the air carrier or contractor shall not pay to financial assistance under this part, shall
dividends, or make other capital distributions, recall (as defined in section 9071 of this title)
with respect to the common stock (or equiva- employees who were involuntarily furloughed
lent interest) of the air carrier or contractor; during such period by not later than January
and 4, 2021.
(4) meet the requirements of sections 9075 (2) Waiver
and 9076 of this title.
The Secretary of the Treasury shall waive
(b) Department of Transportation Authority to the requirement under paragraph (1) for a con-
condition assistance on continuation of serv- tractor to recall employees if the contractor
ice certifies that the contractor has or will have
(1) In general insufficient remaining financial assistance
The Secretary of Transportation is author- provided under this part to keep recalled em-
ized to require, to the extent reasonable and ployees employed for more than two weeks
practicable, an air carrier provided financial upon returning to work.
assistance under this part to maintain sched- (3) Audits
uled air transportation service, as the Sec-
retary of Transportation deems necessary, to The Inspector General of the Department of
ensure services to any point served by that the Treasury shall audit certifications made
carrier before March 1, 2020. under paragraph (2).
(2) Required considerations (Pub. L. 116–136, div. A, title IV, § 4114, Mar. 27,
When considering whether to exercise the 2020, 134 Stat. 499; Pub. L. 116–260, div. N, title
authority provided by this section, the Sec- IV, § 412(a), Dec. 27, 2020, 134 Stat. 2060.)
retary of Transportation shall take into con-
sideration the air transportation needs of Editorial Notes
small and remote communities and the need AMENDMENTS
to maintain well-functioning health care sup-
2020—Subsecs. (c), (d). Pub. L. 116–260 added subsecs.
ply chains, including medical devices and sup- (c) and (d).
plies, and pharmaceutical supply chains.
(3) Sunset § 9075. Protection of collective bargaining agree-
The authority provided under this sub- ment
section shall terminate on March 1, 2022, and (a) In general
any requirements issued by the Secretary of
Transportation under this subsection shall Neither the Secretary, nor any other actor, de-
cease to apply after that date. partment, or agency of the Federal Government,
shall condition the issuance of financial assist-
(c) Continued application ance under this part on an air carrier’s or con-
(1) In general tractor’s implementation of measures to enter
If, after December 27, 2020, a contractor ex- into negotiations with the certified bargaining
pends any funds made available pursuant to representative of a craft or class of employees of

File and source

File: USCODE-mostrecent-title15-sec9073.pdf
Size: 137,233 bytes
SHA-256: ec72d5390379735aec8e74a4364ecfb9246e923874ad38895a8247195acaa5b7
Our copy: USCODE-mostrecent-title15-sec9073.pdf
Original: www.govinfo.gov