15 U.S.C. 9093 (U.S. Code, current edition)
Summary
The current-edition U.S. Code text of 15 U.S.C. 9093, Procedures for providing payroll support, in the airline worker support extension enacted by Pub. L. 116–260. A passenger air carrier that filed reports under part 241 of title 14, Code of Federal Regulations, as of March 27, 2020, receives the amount it was approved to receive under section 9073, or, at its request or if it received nothing under section 9073, the salaries and benefits it reported to the Department of Transportation for the period from October 1, 2019, through March 31, 2020. The printed pages also carry § 9092, with up to $15,000,000,000 for passenger air carriers and $1,000,000,000 for contractors, and the definition of a returning employee: an involuntarily furloughed employee who has elected to return to employment pursuant to a recall notice.
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“15 U.S.C. 9093 (U.S. Code, current edition).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-9093-u-s-code-current-edition-42dd1a29f8/
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§ 9091 TITLE 15—COMMERCE AND TRADE Page 2550
Act, and also as part of the Consolidated Appropria- 2052, which enacted this part and amended sections
tions Act, 2021, and not as part of the CARES Act which 9041, 9071, and 9074 of this title. For complete classifica-
in part comprises this chapter. tion of subtitle A to the Code, see Tables.
§ 9091. Definitions CODIFICATION
Section was enacted as part of the Economic Aid to
Unless otherwise specified, the definitions in Hard-Hit Small Businesses, Nonprofits, and Venues
section 40102(a) of title 49 shall apply to this Act, and also as part of the Consolidated Appropria-
part, except that in this part— tions Act, 2021, and not as part of the CARES Act which
(1) the term ‘‘catering functions’’ means in part comprises this chapter.
preparation, assembly, or both, of food, bev-
§ 9092. Pandemic relief for aviation workers
erages, provisions and related supplies for de-
livery, and the delivery of such items, directly (a) Financial assistance for employee wages, sal-
to aircraft or to a location on or near airport aries, and benefits
property for subsequent delivery to aircraft; Notwithstanding any other provision of law,
(2) the term ‘‘contractor’’ means— to preserve aviation jobs and compensate air
(A) a person that performs, under contract carrier industry workers, the Secretary shall
with a passenger air carrier conducting oper- provide financial assistance that shall exclu-
ations under part 121 of title 14, Code of Fed- sively be used for the continuation of payment
eral Regulations— of employee wages, salaries, and benefits to—
(i) catering functions; or (1) passenger air carriers, in an aggregate
(ii) functions on the property of an air- amount up to $15,000,000,000; and
port that are directly related to the air (2) contractors, in an aggregate amount up
transportation of persons, property, or to $1,000,000,000.
mail, including, but not limited to, the (b) Administrative expenses
loading and unloading of property on air- Notwithstanding any other provision of law,
craft, assistance to passengers under part the Secretary may use funds made available
382 of title 14, Code of Federal Regulations, under section 9072(b) of this title for costs and
security, airport ticketing and check-in administrative expenses associated with pro-
functions, ground-handling of aircraft, or viding financial assistance under this part.
aircraft cleaning and sanitization func-
(Pub. L. 116–260, div. N, title IV, § 402, Dec. 27,
tions and waste removal; or
2020, 134 Stat. 2053.)
(B) a subcontractor that performs such
functions; Editorial Notes
(3) the term ‘‘employee’’ means an indi- REFERENCES IN TEXT
vidual, other than a corporate officer, who is This part, referred to in subsec. (b), was in the origi-
employed by an air carrier or a contractor; nal ‘‘this subtitle’’, meaning subtitle A (§§ 401–412) of
(4) the term ‘‘recall’’ means the dispatch of title IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134
a notice by a passenger air carrier or a con- Stat. 2052, which enacted this part and amended sec-
tions 9041, 9071, and 9074 of this title. For complete clas-
tractor, via mail, courier, or electronic mail,
sification of subtitle A to the Code, see Tables.
to an involuntarily furloughed employee noti-
fying the employee that— CODIFICATION
(A) the employee must, within a specified Section was enacted as part of the Economic Aid to
period of time, elect either— Hard-Hit Small Businesses, Nonprofits, and Venues
(i) to return to employment or bypass re- Act, and also as part of the Consolidated Appropria-
turn to employment, in accordance with tions Act, 2021, and not as part of the CARES Act which
an applicable collective bargaining agree- in part comprises this chapter.
ment or, in the absence of a collective bar- § 9093. Procedures for providing payroll support
gaining agreement, company policy; or
(ii) to permanently separate from em- (a) Awardable amounts
ployment with the passenger air carrier or The Secretary shall provide financial assist-
contractor; and ance under this part—
(1) to a passenger air carrier required to file
(B) failure to respond within such time pe- reports pursuant to part 241 of title 14, Code of
riod specified shall be considered an election Federal Regulations, as of March 27, 2020, in an
under subparagraph (A)(ii); amount equal to—
(5) the term ‘‘returning employee’’ means an (A) the amount such air carrier was ap-
involuntarily furloughed employee who has proved to receive (without taking into ac-
elected to return to employment pursuant to a count any pro rata reduction) under section
recall notice; and 9073 of this title; or
(6) the term ‘‘Secretary’’ means the Sec- (B) at the request of such air carrier, or in
retary of the Treasury. the event such air carrier did not receive as-
sistance under section 9073 of this title, the
(Pub. L. 116–260, div. N, title IV, § 401, Dec. 27, amount of the salaries and benefits reported
2020, 134 Stat. 2052.) by the air carrier to the Department of
Transportation pursuant to such part 241,
Editorial Notes for the period from October 1, 2019, through
REFERENCES IN TEXT March 31, 2020;
This part, referred to in text, was in the original (2) to a passenger air carrier that was not re-
‘‘this subtitle’’, meaning subtitle A (§§ 401–412) of title quired to transmit reports under such part 241,
IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. as of March 27, 2020, in an amount equal to—
Page 2551 TITLE 15—COMMERCE AND TRADE § 9094
(A) the amount such air carrier was ap- ance under section 9073 of this title, be, to
proved to receive (without taking into ac- the maximum extent practicable, in the
count any pro rata reduction) under section same form and on the same terms and con-
9073 of this title, plus an additional 15 per- ditions (including requirements for audits
cent of such amount; and the clawback of any financial assist-
(B) at the request of such air carrier, pro- ance provided upon failure by a passenger
vided such air carrier received assistance air carrier or contractor to honor the as-
under section 9073 of this title, the sum of— surances specified in section 9094 of this
(i) the amount that such air carrier cer- title), as agreed to by the Secretary and
tifies, using sworn financial statements or similarly situated recipients of assistance
other appropriate data, as the amount of under section 9073 of this title.
total salaries and related fringe benefits (B) Procedures
that such air carrier incurred and would be
required to be reported to the Department The Secretary shall, to the maximum ex-
of Transportation pursuant to such part tent practicable, publish streamlined and ex-
241, if such air carrier was required to pedited procedures not later than 5 days
transmit such information during the pe- after December 27, 2020, for passenger air
riod from April 1, 2019, through September carriers and contractors to submit requests
30, 2019; and for financial assistance under this part.
(ii) an additional amount equal to the (2) Deadline for immediate payroll assistance
difference between the amount certified Not later than 10 days after December 27,
under clause (i) and the amount the air 2020, the Secretary shall make initial pay-
carrier received under section 9073 of this ments to passenger air carriers and contrac-
title; or tors that submit requests for financial assist-
(C) in the event such air carrier did not re- ance approved by the Secretary.
ceive assistance under section 9073 of this (3) Subsequent payments
title, an amount that such an air carrier cer-
The Secretary shall determine an appro-
tifies, using sworn financial statements or
priate method for the timely distribution of
other appropriate data, as the amount of
payments to passenger air carriers and con-
total salaries and related fringe benefits
tractors with approved requests for financial
that such air carrier incurred and would be
assistance from any funds remaining available
required to be reported to the Department of
after providing initial financial assistance
Transportation pursuant to such part 241, if
payments under paragraph (2).
such air carrier was required to transmit
such information during the period from Oc- (c) Pro rata reductions
tober 1, 2019, through March 31, 2020; and The Secretary shall have the authority to re-
(3) to a contractor in an amount equal to— duce, on a pro rata basis, the amounts due to
(A) the amount such contractor was ap- passenger air carriers and contractors under
proved to receive (without taking into ac- subsection (a) in order to address any shortfall
count any pro rata reduction) under section in assistance that would otherwise be provided
9073 of this title; or under such subsection.
(B) in the event such contractor did not re- (d) Audits
ceive assistance under section 9073 of this The Inspector General of the Department of
title, an amount that the contractor cer- the Treasury shall audit certifications made
tifies, using sworn financial statements or under subsection (a).
other appropriate data, as the amount of
wages, salaries, benefits, and other com- (Pub. L. 116–260, div. N, title IV, § 403, Dec. 27,
pensation that such contractor paid the em- 2020, 134 Stat. 2053.)
ployees of such contractor during the period
from October 1, 2019, through March 31, 2020. Editorial Notes
(b) Deadlines and procedures REFERENCES IN TEXT
(1) In general This part, referred to in subsecs. (a) and (b)(1), was in
(A) Forms; terms and conditions the original ‘‘this subtitle’’, meaning subtitle A
(§§ 401–412) of title IV of div. N of Pub. L. 116–260, Dec.
Financial assistance provided to a pas- 27, 2020, 134 Stat. 2052, which enacted this part and
senger air carrier or contractor under this amended sections 9041, 9071, and 9074 of this title. For
part shall— complete classification of subtitle A to the Code, see
(i) be, to the maximum extent prac- Tables.
ticable, in the same form and on the same
CODIFICATION
terms and conditions (including require-
ments for audits and the clawback of any Section was enacted as part of the Economic Aid to
financial assistance provided upon failure Hard-Hit Small Businesses, Nonprofits, and Venues
by a passenger air carrier or contractor to Act, and also as part of the Consolidated Appropria-
tions Act, 2021, and not as part of the CARES Act which
honor the assurances specified in section in part comprises this chapter.
9094 of this title), as agreed to by the Sec-
retary and the recipient for assistance re- § 9094. Required assurances
ceived under section 9073 of this title, ex-
cept if inconsistent with this part; or (a) In general
(ii) in the event such a passenger air car- To be eligible for financial assistance under
rier or a contractor did not receive assist- this part, a passenger air carrier or a contractor
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