§9093 — Title 15 Commerce and Trade | U.S. Code

Summary

The Secretary must give payroll-support money to passenger airlines and their contractors using rules in this part. Airlines that were required to file DOT reports under 14 CFR part 241 as of March 27, 2020 get either the amount they were approved for under section 9073 (with no pro rata cut) or, if they ask or did not get 9073 help, the salaries and benefits they reported to the Department of Transportation for October 1, 2019 through March 31, 2020. Airlines that were not required to file those DOT reports as of March 27, 2020 get either the amount approved under section 9073 plus 15 percent, or, if they request it and did get 9073 help, a certified amount equal to their salaries and fringe benefits for April 1, 2019 through September 30, 2019 plus any shortfall compared to what they already received, or, if they did not get 9073 help, a certified amount for October 1, 2019 through March 31, 2020. Contractors get the amount approved under section 9073 or, if they did not get that help, a certified amount of wages and benefits paid to their employees from October 1, 2019 through March 31, 2020. The assistance should, as much as possible, follow the same form and terms (including audits and clawbacks tied to the assurances in section 9094) as assistance under section 9073 or as given to similar recipients. The Secretary must publish fast, simple request rules within 5 days after December 27, 2020, make initial payments within 10 days after December 27, 2020 to approved requests, decide how to distribute any remaining funds, and may cut payments pro rata if there is not enough money. The Inspector General of the Department of the Treasury must audit the required certifications.

Title 15, §9093

Commerce and Trade — Source: USLM XML via OLRC

(a)The Secretary shall provide financial assistance under this part—

(1)to a passenger air carrier required to file reports pursuant to part 241 of title 14, Code of Federal Regulations, as of March 27, 2020, in an amount equal to—

(A)the amount such air carrier was approved to receive (without taking into account any pro rata reduction) under section 9073 of this title; or

(B)at the request of such air carrier, or in the event such air carrier did not receive assistance under section 9073 of this title, the amount of the salaries and benefits reported by the air carrier to the Department of Transportation pursuant to such part 241, for the period from October 1, 2019, through March 31, 2020;

(2)to a passenger air carrier that was not required to transmit reports under such part 241, as of March 27, 2020, in an amount equal to—

(A)the amount such air carrier was approved to receive (without taking into account any pro rata reduction) under section 9073 of this title, plus an additional 15 percent of such amount;

(B)at the request of such air carrier, provided such air carrier received assistance under section 9073 of this title, the sum of—

(i)the amount that such air carrier certifies, using sworn financial statements or other appropriate data, as the amount of total salaries and related fringe benefits that such air carrier incurred and would be required to be reported to the Department of Transportation pursuant to such part 241, if such air carrier was required to transmit such information during the period from April 1, 2019, through September 30, 2019; and

(ii)an additional amount equal to the difference between the amount certified under clause (i) and the amount the air carrier received under section 9073 of this title; or

(C)in the event such air carrier did not receive assistance under section 9073 of this title, an amount that such an air carrier certifies, using sworn financial statements or other appropriate data, as the amount of total salaries and related fringe benefits that such air carrier incurred and would be required to be reported to the Department of Transportation pursuant to such part 241, if such air carrier was required to transmit such information during the period from October 1, 2019, through March 31, 2020; and

(3)to a contractor in an amount equal to—

(A)the amount such contractor was approved to receive (without taking into account any pro rata reduction) under section 9073 of this title; or

(B)in the event such contractor did not receive assistance under section 9073 of this title, an amount that the contractor certifies, using sworn financial statements or other appropriate data, as the amount of wages, salaries, benefits, and other compensation that such contractor paid the employees of such contractor during the period from October 1, 2019, through March 31, 2020.

(b)(1)(A)Financial assistance provided to a passenger air carrier or contractor under this part shall—

(i)be, to the maximum extent practicable, in the same form and on the same terms and conditions (including requirements for audits and the clawback of any financial assistance provided upon failure by a passenger air carrier or contractor to honor the assurances specified in section 9094 of this title), as agreed to by the Secretary and the recipient for assistance received under section 9073 of this title, except if inconsistent with this part; or

(ii)in the event such a passenger air carrier or a contractor did not receive assistance under section 9073 of this title, be, to the maximum extent practicable, in the same form and on the same terms and conditions (including requirements for audits and the clawback of any financial assistance provided upon failure by a passenger air carrier or contractor to honor the assurances specified in section 9094 of this title), as agreed to by the Secretary and similarly situated recipients of assistance under section 9073 of this title.

(B)The Secretary shall, to the maximum extent practicable, publish streamlined and expedited procedures not later than 5 days after December 27, 2020, for passenger air carriers and contractors to submit requests for financial assistance under this part.

(2)Not later than 10 days after December 27, 2020, the Secretary shall make initial payments to passenger air carriers and contractors that submit requests for financial assistance approved by the Secretary.

(3)The Secretary shall determine an appropriate method for the timely distribution of payments to passenger air carriers and contractors with approved requests for financial assistance from any funds remaining available after providing initial financial assistance payments under paragraph (2).

(c)The Secretary shall have the authority to reduce, on a pro rata basis, the amounts due to passenger air carriers and contractors under subsection (a) in order to address any shortfall in assistance that would otherwise be provided under such subsection.

(d)The Inspector General of the Department of the Treasury shall audit certifications made under subsection (a).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in subsecs. (a) and (b)(1), 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 section 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 Appropriations Act, 2021, and not as part of the CARES Act which in part comprises this chapter.

§9093 Procedures for Providing Payroll Support

Summary

Title 15, §9093

Notes & Related Subsidiaries

Editorial Notes

References in Text

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