15 U.S.C. § 9093 — Procedures for providing payroll support
submitted 6 years ago by Pub. L. 116-260 to r/title-15-COMMERCE-AND-TRADE · 883 words · no verdicts yet
The section sets payment amounts for passenger air carriers and contractors, requires quick initial payments, permits proportional reductions, and requires audits of certifications.
(a) Awardable amounts. (1) For a passenger air carrier that had to file part 241 reports on March 27, 2020, the amount is either (A) the amount approved under section 9073 without a proportional reduction, or (B) if the carrier asks, or did not receive section 9073 assistance, the salaries and benefits it reported for October 1, 2019 through March 31, 2020. (2) For a passenger carrier that did not have to file those reports, the amount is (A) its approved section 9073 amount without a proportional reduction, plus 15 percent; (B) if it received section 9073 assistance and asks, the total of (i) its sworn certification of salaries and related fringe benefits for April 1 through September 30, 2019, and (ii) the difference between that certified amount and the section 9073 amount it received; or (C) if it did not receive section 9073 assistance, its sworn certification of salaries and related fringe benefits for October 1, 2019 through March 31, 2020. (3) For a contractor*, the amount is (A) its approved section 9073 amount without a proportional reduction, or (B) if it received no section 9073 assistance, its sworn certification of wages, salaries, benefits, and other compensation paid from October 1, 2019 through March 31, 2020. (b) Deadlines and procedures. (1)(A) Assistance should, as far as practicable, use the same form and terms—including audits and recovery of money when the recipient breaks section 9094 assurances—as the recipient's section 9073 assistance. If the recipient received none, it should use the same form and terms as assistance for similarly situated section 9073 recipients. (B) Within 5 days after December 27, 2020, the Secretary* must publish streamlined, expedited request procedures as far as practicable. (2) Within 10 days after that date, the Secretary must make initial payments to approved requesting carriers and contractors. (3) The Secretary must choose a timely method for later payments from remaining funds. (c) The Secretary may reduce all amounts proportionally to cover a shortfall. (d) The Treasury Inspector General must audit certifications under (a).
The Secretary* shall provide financial assistance under this part—
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—
the amount such air carrier was approved to receive (without taking into account any pro rata reduction) under section 9073 of this title; or
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;
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—
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;
at the request of such air carrier, provided such air carrier received assistance under section 9073 of this title, the sum of—
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
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
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
to a contractor* in an amount equal to—
the amount such contractor was approved to receive (without taking into account any pro rata reduction) under section 9073 of this title; or
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.
Financial assistance provided to a passenger air carrier or contractor under this part shall—
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
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.
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.
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.
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).
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.
The Inspector General of the Department of the Treasury shall audit certifications made under subsection (a).
Source credit: (Pub. L. 116–260, div. N, title IV, § 403, Dec. 27, 2020, 134 Stat. 2053.)
- 2020Enacted · Pub. L. 116-260 · 134 Stat. 2053
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 2020-12-27.
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