§9141 — Title 15 Commerce and Trade | U.S. Code

Summary

Provides $14,000,000,000 to eligible air carriers and $1,000,000,000 to eligible contractors to be used only to continue paying employee wages, salaries, and benefits. The money must be set aside by April 15, 2021. Each air carrier’s share is based on the share it got under section 9093(a) compared to $15,000,000,000. Each contractor gets an amount equal to what it received under section 9093(a). The Secretary of the Treasury must use the same form and terms as in section 9093(b)(1)(A), accept the same financial instruments as in section 9098, publish fast application rules within 5 days after March 11, 2021, and make initial approved payments within 10 days after March 11, 2021. Of the air carrier funds, $10,000,000 is available for administration. An appropriation of $15,000,000,000 from the Treasury is made for fiscal year 2021 to carry this out. Definitions and main conditions in one line each: "catering functions" = preparing, assembling, and delivering food and related supplies to aircraft; "contractor" = a company or subcontractor that, under contract with a passenger airline operating under Part 121, does catering or airport work directly tied to transporting people, cargo, or mail (includes loading, passenger assistance under Part 382, security, ticketing, ground handling, cleaning, and waste removal); "employee" = a worker (not a corporate officer) employed by an air carrier or contractor; "eligible air carrier" = an air carrier that got earlier aid under section 9092(a)(1), was providing air service on March 31, 2021, did not do involuntary furloughs or cut pay/benefits between March 31, 2021 and its certification date, and certifies several promises; "eligible contractor" = a contractor that got earlier aid under section 9092(a)(2), performed covered functions on March 31, 2021, did not furlough or cut pay/benefits in that period, and certifies the same promises; "Secretary" = Secretary of the Treasury. The required certifications include promises not to do involuntary furloughs or reduce pay/benefits until September 30, 2021 (or until the assistance is gone), not to buy listed equity or pay dividends or capital distributions through September 30, 2022, and limits on officer compensation and severance during April 1, 2021–April 1, 2023 (caps for those paid over $425,000 in 2019 and a formula limit for those paid over $3,000,000 in 2019, with a severance cap of twice 2019 maximum).

Title 15, §9141

Commerce and Trade — Source: USLM XML via OLRC

(a)The definitions in section 40102(a) of title 49 shall apply with respect to terms used in this section, except that—

(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 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 “eligible air carrier” means an air carrier that—

(A)received financial assistance pursuant 11 So in original. Probably should be followed by “to”. section 9092(a)(1) of this title;

(B)provides air transportation as of March 31, 2021;

(C)has not conducted involuntary furloughs or reduced pay rates or benefits between March 31, 2021, and the date on which the air carrier makes a certification to the Secretary pursuant to subparagraph (D); and

(D)certifies to the Secretary that such air carrier will—

(i)refrain from conducting involuntary furloughs or reducing pay rates or benefits until September 30, 2021, or the date on which assistance provided under this section is exhausted, whichever is later;

(ii)refrain from purchasing an equity security of the air carrier or the parent company of the air carrier that is listed on a national securities exchange through September 30, 2022;

(iii)refrain from paying dividends, or making other capital distributions, with respect to common stock (or equivalent interest) of such air carrier through September 30, 2022;

(iv)during the 2-year period beginning April 1, 2021, and ending April 1, 2023, refrain from paying—

(I)any officer or employee of the air carrier whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to March 11, 2021)—

(aa)total compensation that exceeds, during any 12 consecutive months of such 2-year period, the total compensation received by the officer or employee from the air carrier in calendar year 2019; or

(bb)severance pay or other benefits upon termination of employment with the air carrier which exceeds twice the maximum total compensation received by the officer or employee from the air carrier in calendar year 2019; and

(II)any officer or employee of the air carrier whose total compensation exceeded $3,000,000 in calendar year 2019 during any 12 consecutive months of such period total compensation in excess of the sum of—

(aa)$3,000,000; and

(bb)50 percent of the excess over $3,000,000 of the total compensation received by the officer or employee from the air carrier in calendar year 2019.22 So in original. The period probably should be a semicolon.

(5)the term “eligible contractor” means a contractor that—

(A)received financial assistance pursuant to section 9092(a)(2) of this title;

(B)performs one or more of the functions described under paragraph (2) as of March 31, 2021;

(C)has not conducted involuntary furloughs or reduced pay rates or benefits between March 31, 2021, and the date on which the contractor makes a certification to the Secretary pursuant to subparagraph (D); and

(D)certifies to the Secretary that such contractor will—

(ii)refrain from purchasing an equity security of the contractor or the parent company of the contractor that is listed on a national securities exchange through September 30, 2022;

(iii)refrain from paying dividends, or making other capital distributions, with respect to common stock (or equivalent interest) of the contractor through September 30, 2022;

(iv)during the 2-year period beginning April 1, 2021, and ending April 1, 2023, refrain from paying—

(I)any officer or employee of the contractor whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to March 11, 2021)—

(aa)total compensation that exceeds, during any 12 consecutive months of such 2-year period, the total compensation received by the officer or employee from the contractor in calendar year 2019; or

(bb)severance pay or other benefits upon termination of employment with the contractor which exceeds twice the maximum total compensation received by the officer or employee from the contractor in calendar year 2019; and

(II)any officer or employee of the contractor whose total compensation exceeded $3,000,000 in calendar year 2019 during any 12 consecutive months of such period total compensation in excess of the sum of—

(aa)$3,000,000; and

(bb)50 percent of the excess over $3,000,000 of the total compensation received by the officer or employee from the contractor in calendar year 2019.33 So in original. The period probably should be “; and”.

(6)the term “Secretary” means the Secretary of the Treasury.

(b)(1)The Secretary shall make available to eligible air carriers and eligible contractors, financial assistance exclusively for the continuation of payment of employee wages, salaries, and benefits to—

(A)eligible air carriers, in an aggregate amount of $14,000,000,000; and

(B)eligible contractors, in an aggregate amount of $1,000,000,000.

(2)(A)The Secretary shall apportion funds to eligible air carriers and eligible contractors in accordance with the requirements of this section not later than April 15, 2021.

(B)The Secretary shall apportion funds made available under paragraph (1)(A) to each eligible air carrier in the ratio that—

(i)the amount received by the air carrier pursuant to section 9093(a) of this title bears to

(ii)$15,000,000,000.

(C)The Secretary shall apportion, to each eligible contractor, an amount equal to the total amount such contractor received pursuant to section 9093(a) of this title.

(3)(A)The Secretary shall provide financial assistance to an eligible air carrier or eligible contractor under this section in the same form and on the same terms and conditions as determined by pursuant to 44 So in original. section 9093(b)(1)(A) of this title.

(B)The Secretary shall publish streamlined and expedited procedures not later than 5 days after March 11, 2021, for eligible air carriers and eligible contractors to submit requests for financial assistance under this section.

(C)Not later than 10 days after March 11, 2021, the Secretary shall make initial payments to air carriers and contractors that submit requests for financial assistance approved by the Secretary.

(4)The Secretary shall receive financial instruments issued by recipients of financial assistance under this section in the same form and amount, and under the same terms and conditions, as determined by the Secretary under section 9098 of this title.

(5)Of the amounts made available under paragraph (1)(A), $10,000,000 shall be made available to the Secretary for costs and administrative expenses associated with providing financial assistance under this section.

(c)In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $15,000,000,000, to remain available until expended, to carry out this section.

Editorial Notes

Codification Section 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.

§9141 Air transportation payroll support program extension

Summary

Title 15, §9141

Notes & Related Subsidiaries

Editorial Notes

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