Title 15, Commerce and TradeRelease 119-110

§9121 Relief for Airports

Title 15 › CHAPTER 116 — CORONAVIRUS ECONOMIC STABILIZATION (CARES ACT) › SUBCHAPTER III — ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED SECTORS OF THE UNITED STATES ECONOMY › Part E — Relief for Airports › § 9121

Last updated Sep 23, 2026|Official source

Summary

Provides $8,000,000,000 from the Treasury for fiscal year 2021, available until September 30, 2024, to help airport sponsors prevent, prepare for, and respond to coronavirus. The money must be used only for airport-related purposes. Airports that already got more than four years’ worth of operating funds for COVID relief in fiscal year 2020 cannot get these funds. Up to $6,492,000,000 is for primary and some cargo airports for things like operations, staff, cleaning, sanitizing, fighting pathogens, and debt service. Up to $608,000,000 can pay a 100 percent Federal share for airport development grants in fiscal year 2021 (or top off some 2020 grants). Up to $100,000,000 is for nonprimary airports for similar costs. Up to $800,000,000 is for rent and minimum-guarantee relief to concessions at primary airports, with at least $640,000,000 for eligible small concessions and at least $160,000,000 for eligible large concessions. Most funding is distributed using existing airport funding formulas and each primary airport’s share of 2019 passenger enplanements; nonprimary airports get funds by NPIAS category and then split evenly, rounding up to the nearest $1,000. The FAA may keep up to 0.1 percent for grant administration. Airports that take money must keep at least 90 percent of their workforce employed through September 30, 2021 (counting workers as of March 27, 2020, minus retirements or voluntary separations), unless waived for hardship or safety; nonhub and nonprimary airports are excepted. Noncompliant airports may have funds clawed back. Definitions: eligible large airport concession — in-terminal concession averaging more than $56,420,000 in gross receipts over the prior 3 years; eligible small airport concession — in-terminal concession that is a small business averaging less than $56,420,000 or a joint venture.

Full Legal Text

Title 15, §9121

Commerce and Trade, Source: USLM XML via OLRC

(a)In general
(1)In general
In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any funds in the Treasury not otherwise appropriated, $8,000,000,000, to remain available until September 30, 2024, for assistance to sponsors of airports, as such terms are defined in section 47102 of title 49, to be made available to prevent, prepare for, and respond to coronavirus.
(2)Requirements and limitations
Amounts made available under this section
(A)
(B)may not be provided to any airport that was allocated in excess of 4 years of operating funds to prevent, prepare for, and respond to coronavirus in fiscal year 2020.
(b)Allocations
The following terms shall apply to the amounts made available under this section: (1) Operating expenses and debt service payments
(2)Federal share for development projects
(A)In general
Not more than $608,000,000 allocated under subsection (a)(1) shall be available to pay a Federal share of 100 percent of the costs for any grant awarded in fiscal year 2021, or in fiscal year 2020 with less than a 100-percent Federal share, for an airport development project (as such term is defined in section 47102 of title 49).
(B)Remaining amounts
Any amount remaining under this paragraph shall be distributed as described in paragraph (1)(C).
(3)Nonprimary airports
(A)In general
Not more than $100,000,000 shall be made available for general aviation and commercial service airports that are not primary airports (as such terms are defined in section 47102 of title 49) for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments.
(B)Distribution
Amounts made available under this paragraph shall be apportioned to each non-primary airport based on the categories published in the most current National Plan of Integrated Airport Systems, reflecting the percentage of the aggregate published eligible development costs for each such category, and then dividing the allocated funds evenly among the eligible airports in each category, rounding up to the nearest thousand dollars.
(C)Remaining amounts
Any amount remaining under this paragraph shall be distributed as described in paragraph (1)(C).
(4)Airport concessions
(A)In general
Not more than $800,000,000 shall be made available for sponsors of primary airports to provide relief from rent and minimum annual guarantees to airport concessions, of which at least $640,000,000 shall be available to provide relief to eligible small airport concessions and of which at least $160,000,000 shall be available to provide relief to eligible large airport concessions located at primary airports.
(B)Distribution
The amounts made available for each set-aside in this paragraph shall be distributed to the sponsor of each primary airport (as such term is defined in section 47102 of title 49) based on each such primary airport’s passenger enplanements compared to the total passenger enplanements of all such primary airports in calendar year 2019.
(C)Conditions
As a condition of approving a grant under this paragraph— (i)
(ii)for each set-aside, the sponsor shall provide relief from rent and minimum annual guarantee obligations to each eligible airport concession in an amount that reflects each eligible airport concession’s proportional share of the total amount of the rent and minimum annual guarantees of those eligible airport concessions at such airport.
(c)Administration
(1)Administrative expenses
The Administrator of the Federal Aviation Administration may retain up to 0.1 percent of the funds provided under this section to fund the award of, and oversight by the Administrator of, grants made under this section.
(2)Workforce retention requirements
(A)Required retention
As a condition for receiving funds provided under this section, an airport shall continue to employ, through September 30, 2021, at least 90 percent of the number of individuals employed (after making adjustments for retirements or voluntary employee separations) by the airport as of March 27, 2020.
(B)Waiver of retention requirement
The Secretary shall waive the workforce retention requirement if the Secretary determines that—
(i)the airport is experiencing economic hardship as a direct result of the requirement; or
(ii)the requirement reduces aviation safety or security.
(C)Exception
The workforce retention requirement shall not apply to nonhub airports or nonprimary airports receiving funds under this section.
(D)Noncompliance
Any financial assistance provided under this section to an airport that fails to comply with the workforce retention requirement described in subparagraph (A), and does not otherwise qualify for a waiver or exception under this paragraph, shall be subject to clawback by the Secretary.
(d)Definitions
In this section: (1) Eligible large airport concession
(2)Eligible small airport concession
The term “eligible small airport concession” means a concession (as defined in section 23.3 of title 49, Code of Federal Regulations), that is in-terminal and— (A)
(B)is a joint venture (as defined in section 23.3 of title 49, Code of Federal Regulations).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 47114(c)(1)(C)(i) and 47114(c)(1)(C)(ii) of title 49, referred to in subsec. (b)(1)(B)(ii), were omitted in the general amendment of subsec. (c)(1) of section 47114 of title 49 by Pub. L. 118–63, title VII, § 712(a)(1),
May 16, 2024, 138 Stat. 1254. The new subsec. (c)(1)(C) of section 47114 of title 49 does not contain any clauses. section 47114(c)(2)(E) of title 49, referred to in subsec. (b)(1)(B)(ii), was redesignated section 47114(c)(2)(D) of title 49 by Pub. L. 118–63, title VII, § 712(a)(2)(C),
May 16, 2024, 138 Stat. 1255. 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.

Reference

Citations & Metadata

Citation

15 U.S.C. § 9121

Title 15, Commerce and Trade

Last Updated

Sep 23, 2026

Release point: 119-110