15 U.S.C. § 9093: Procedures for providing…

Summary

Gives payroll help money to passenger airlines and their contractors. Airlines that were filing DOT reports as of March 27, 2020, get either the full amount they were approved for under section 9073 (before any pro rata cuts) or, if they ask or did not get 9073 aid, the total salaries and benefits they told the Department of Transportation they paid from 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 full 9073-approved amount plus 15 percent, or they can certify payroll totals for April 1, 2019–September 30, 2019 (if they got 9073 help) with an extra payment to cover any shortfall, or they can certify payroll totals for October 1, 2019–March 31, 2020 (if they did not get 9073 help). Contractors get the full 9073-approved amount, or if they did not get 9073 aid they can certify the wages and benefits they paid from October 1, 2019, through March 31, 2020. The Secretary must use the same forms and terms used for the earlier 9073 aid when possible, including audits and clawbacks tied to the assurances in section 9094. The Secretary will publish fast, simple rules no later than 5 days after December 27, 2020, and must make initial payments within 10 days after December 27, 2020, for approved requests. The Secretary can cut payments pro rata if money is short. The Treasury Inspector General will audit the payroll certifications.

Title 15, §9093

Commerce and Trade, Source: USLM XML via OLRC

(a)Awardable amounts

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)Deadlines and procedures

(1)In general

(A)Forms; terms and conditions

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)Procedures

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)Deadline for immediate payroll assistance

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)Subsequent payments

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)Pro rata reductions

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)Audits

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

Citations & Metadata