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

Summary

The law gives $15,000,000,000 to keep paying worker wages and benefits in the airline industry. It sets aside $14,000,000,000 for eligible passenger air carriers and $1,000,000,000 for eligible contractors. The Treasury Secretary must divide the money by April 15, 2021. Each carrier’s share is based on the amount it got under an earlier program compared to $15,000,000,000. Each contractor gets the same dollar amount it got under that earlier program. The aid must use the same form and rules as the earlier payments. The Secretary must write fast, simple rules within 5 days after March 11, 2021, and make first payments within 10 days after March 11, 2021. The Secretary will accept the same financial instruments required before. Ten million dollars of the carrier money is for administrative costs. The $15,000,000,000 is appropriated from the Treasury for fiscal year 2021 and stays available until spent. Short definitions and who qualifies: “Catering functions” means preparing or delivering food and supplies to planes. A “contractor” is a company or subcontractor that does catering or airport work directly tied to moving people, packages, or mail (like loading, passenger help under disability rules, security, ticketing, ground handling, cleaning). An “employee” is a non-officer worker of a carrier or contractor. An “eligible” carrier or contractor must have gotten earlier aid, have been operating on March 31, 2021, not have done involuntary furloughs or pay cuts between March 31, 2021 and their certification, and must tell the Secretary they will follow limits on furloughs, stock purchases, dividend payments, and pay rules for highly paid employees through specified dates (including caps and severance limits for those paid over $425,000 or $3,000,000 in 2019). “Secretary” means the Treasury Secretary.

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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