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Coronavirus Economic Relief for Transportation Services Act

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Congressional materials
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Bills Bills 116S4150Is Bills 116S4150Is
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Bills Bills 116S4150Is Bills 116S4150Is

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                                                                                                                                                                         II




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                              S. 4150
                                                                            To require the Secretary of the Treasury to provide assistance to certain
                                                                             providers of transportation services affected by the novel coronavirus.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                    JULY 2, 2020
                                                                     Mr. REED (for himself and Ms. COLLINS) introduced the following bill; which
                                                                         was read twice and referred to the Committee on Commerce, Science, and
                                                                         Transportation




                                                                                                                 A BILL
                                                                     To require the Secretary of the Treasury to provide assist-
                                                                        ance to certain providers of transportation services af-
                                                                        fected by the novel coronavirus.

                                                                        1               Be it enacted by the Senate and House of Representa-
                                                                        2 tives of the United States of America in Congress assembled,
                                                                        3        SECTION 1. SHORT TITLE.

                                                                        4               This Act may be cited as the ‘‘Coronavirus Economic
                                                                        5 Relief for Transportation Services Act’’.
                                                                        6        SEC. 2. ASSISTANCE FOR PROVIDERS OF TRANSPORTATION

                                                                        7                                 SERVICES AFFECTED BY COVID–19.




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                                                                        8               (a) DEFINITIONS.—In this section:




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                                                                        1                       (1) PROVIDER                     OF         TRANSPORTATION              SERV-

                                                                        2              ICES.—The              term ‘‘provider of transportation serv-
                                                                        3              ices’’ means an entity that—
                                                                        4                                (A) is established or organized—
                                                                        5                                        (i) in the United States; or
                                                                        6                                        (ii) pursuant to Federal law;
                                                                        7                                (B) has significant operations, and a ma-
                                                                        8                       jority of employees based, in the United States;
                                                                        9                                (C) was in operation on March 1, 2020;
                                                                     10                         and
                                                                     11                                  (D) is the operator of—
                                                                     12                                          (i) a vessel of the United States (as
                                                                     13                                  defined in section 116 of title 46, United
                                                                     14                                  States Code) that is—
                                                                     15                                                   (I) a passenger vessel (as defined
                                                                     16                                          in section 2101 of title 46, United
                                                                     17                                          States Code) carrying fewer than
                                                                     18                                          2,400 passengers; or
                                                                     19                                                   (II) a small passenger vessel (as
                                                                     20                                          defined in section 2101 of title 46,
                                                                     21                                          United States Code);
                                                                     22                                          (ii) a company providing transpor-
                                                                     23                                  tation services using a bus characterized
                                                                     24                                  by an elevated passenger deck located over



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                                                                     25                                  a baggage compartment (commonly known


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                                                                        1                                as an ‘‘over-the-road bus’’), including local
                                                                        2                                and intercity fixed-route service, commuter
                                                                        3                                service, and charter or tour service (includ-
                                                                        4                                ing tour or excursion service that includes
                                                                        5                                features in addition to bus transportation,
                                                                        6                                such as meals, lodging, admission to points
                                                                        7                                of interest or special attractions, or the
                                                                        8                                services of a guide);
                                                                        9                                        (iii) a company providing transpor-
                                                                     10                                  tation services using a school bus (as de-
                                                                     11                                  fined in section 571.3 of title 49, Code of
                                                                     12                                  Federal Regulations (or successor regula-
                                                                     13                                  tions)); or
                                                                     14                                          (iv) any other transportation service
                                                                     15                                  company subject to regulation by the De-
                                                                     16                                  partment of Transportation as the Sec-
                                                                     17                                  retary, in consultation with the Secretary
                                                                     18                                  of Transportation, determines to be appro-
                                                                     19                                  priate.
                                                                     20                         (2) SECRETARY.—The term ‘‘Secretary’’ means
                                                                     21                the Secretary of the Treasury.
                                                                     22                (b) FUNDING.—
                                                                     23                         (1) IN GENERAL.—Out of any funds in the
                                                                     24                Treasury not otherwise appropriated, there are ap-



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                                                                     25                propriated to provide grants and other forms of


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                                                                        1              emergency assistance to eligible providers of trans-
                                                                        2              portation                services                under               this        section,
                                                                        3              $10,000,000,000 for fiscal year 2020.
                                                                        4                       (2) EMERGENCY DESIGNATION.—
                                                                        5                                (A) IN GENERAL.—The amounts provided
                                                                        6                       by this section are designated as an emergency
                                                                        7                       requirement pursuant to section 4(g) of the
                                                                        8                       Statutory Pay-As-You-Go Act of 2010 (2
                                                                        9                       U.S.C. 933(g)).
                                                                     10                                  (B) DESIGNATION                        IN      SENATE.—In          the
                                                                     11                         Senate, this section is designated as an emer-
                                                                     12                         gency requirement pursuant to section 4112(a)
                                                                     13                         of H. Con. Res. 71 (115th Congress), the con-
                                                                     14                         current resolution on the budget for fiscal year
                                                                     15                         2018.
                                                                     16                (c) PROVISION OF ASSISTANCE.—
                                                                     17                         (1) IN GENERAL.—The Secretary, in consulta-
                                                                     18                tion with the Secretary of Transportation, shall use
                                                                     19                the amounts made available under subsection (b) to
                                                                     20                provide grants and other forms of emergency assist-
                                                                     21                ance to eligible providers of transportation services
                                                                     22                described in paragraph (2) that have experienced a
                                                                     23                significant revenue loss as direct or indirect result of
                                                                     24                the novel coronavirus (COVID–19).



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                                                                        1                       (2) DESCRIPTION OF ELIGIBLE PROVIDERS OF
                                                                        2              TRANSPORTATION SERVICES.—An                                         eligible provider
                                                                        3              of transportation services referred to in paragraph
                                                                        4              (1) is—
                                                                        5                                (A) a provider of transportation services
                                                                        6                       that, on March 1, 2020—
                                                                        7                                        (i) had 500 or fewer employees; and
                                                                        8                                        (ii) was not a subsidiary of, or con-
                                                                        9                                trolled by, another entity with a combined
                                                                     10                                  total full-time workforce of more than 500
                                                                     11                                  employees; or
                                                                     12                                  (B) a provider of transportation services
                                                                     13                         that—
                                                                     14                                          (i) on March 1, 2020, had more than
                                                                     15                                  500 employees; and
                                                                     16                                          (ii) has not received assistance under
                                                                     17                                  paragraph (1), (2), or (3) of section
                                                                     18                                  4003(b), or subtitle B of title IV, of the
                                                                     19                                  Coronavirus Aid, Relief, and Economic Se-
                                                                     20                                  curity Act (Public Law 116–136; 134 Stat.
                                                                     21                                  281).
                                                                     22                         (3) AMOUNT.—
                                                                     23                                  (A) FACTORS                   FOR        CONSIDERATION.—In

                                                                     24                         determining the amount of assistance to be pro-



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                                                                     25                         vided to an eligible provider of transportation


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                                                                        1                       services under this subsection, the Secretary
                                                                        2                       shall take into consideration—
                                                                        3                                        (i) the estimated revenue and cash
                                                                        4                                flow of the provider of transportation serv-
                                                                        5                                ices during the 12-month period beginning
                                                                        6                                on the date of receipt of the assistance;
                                                                        7                                        (ii) the amount of debt owed by the
                                                                        8                                provider of transportation services on
                                                                        9                                major equipment, if any; and
                                                                     10                                          (iii) other sources of Federal assist-
                                                                     11                                  ance provided to the provider of transpor-
                                                                     12                                  tation services, if any.
                                                                     13                                  (B) LIMITATION.—The Secretary shall en-
                                                                     14                         sure that the amount of assistance provided to
                                                                     15                         a provider of transportation services under this
                                                                     16                         subsection, when combined with any other Fed-
                                                                     17                         eral assistance provided in response to COVID–
                                                                     18                         19 under the Coronavirus Aid, Relief, and Eco-
                                                                     19                         nomic Security Act (Public Law 116–136; 134
                                                                     20                         Stat. 281), the Paycheck Protection Program
                                                                     21                         and Health Care Enhancement Act (Public Law
                                                                     22                         116–139; 134 Stat. 620), or any other provi-
                                                                     23                         sion of law, does not exceed the total amount
                                                                     24                         of revenue earned by the provider of transpor-



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                                                                     25                         tation services during calendar year 2019.


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                                                                        1                       (4) TYPE OF ASSISTANCE.—The Secretary shall
                                                                        2              ensure that not less than 50 percent of the amounts
                                                                        3              made available under subsection (b) are used to pro-
                                                                        4              vide grants.
                                                                        5                       (5) EQUAL ACCESS.—The Secretary shall en-
                                                                        6              sure equal access to the assistance provided under
                                                                        7              this section to eligible providers of transportation
                                                                        8              services that are small, minority-owned, and women-
                                                                        9              owned businesses.
                                                                     10                         (6) CONDITION OF RECEIPT.—As a condition of
                                                                     11                receipt of assistance under this subsection, the Sec-
                                                                     12                retary shall require that a provider of transportation
                                                                     13                services shall agree—
                                                                     14                                  (A) to use the funds, on a priority basis
                                                                     15                         and to the extent available, to maintain through
                                                                     16                         December 31, 2020, pay, paid administrative
                                                                     17                         leave, and benefits to all employees as of the
                                                                     18                         date of enactment of this Act, after making any
                                                                     19                         adjustments required for—
                                                                     20                                          (i) retirement; or
                                                                     21                                          (ii) voluntary employee separation;
                                                                     22                                  and
                                                                     23                                  (B) to recall or rehire any employee laid
                                                                     24                         off, furloughed, or terminated because of re-



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                                                                     25                         duced service as a result of COVID–19 or the


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                                                                        1                       effects of COVID–19, to the extent warranted
                                                                        2                       by increased service levels.
                                                                        3              (d) ELIGIBLE ACTIVITIES.—A provider of transpor-
                                                                        4 tation services shall use assistance provided under sub-
                                                                        5 section (c) only for—
                                                                        6                       (1) activities to ensure the preservation of jobs
                                                                        7              based in the United States;
                                                                        8                       (2) the acquisition of services, equipment, in-
                                                                        9              cluding personal protective equipment, and other
                                                                     10                measures needed to protect workers and customers
                                                                     11                from COVID–19; or
                                                                     12                         (3) continued operations and maintenance of
                                                                     13                existing capital equipment and facilities (including
                                                                     14                rent, leases, insurance, and debt service) during the
                                                                     15                period of economic distress caused by the outbreak
                                                                     16                of COVID–19.
                                                                                                                                Æ




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