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U.S Code last checked for updates: Nov 22, 2024
All Titles
Title 15
Chapter 116
Subchapter III
Part D
Part C - Airline Worker Support ...
Part E - Relief for Airports...
Part C - Airline Worker Support ...
Part E - Relief for Airports...
U.S. Code
Notes
§ 9111.
Assistance for providers of transportation services affected by COVID–19
(a)
Definitions
In this section:
(1)
Covered period
The term “covered period”, with respect to a provider of transportation services, means the period—
(A)
beginning on
December 27, 2020
; and
(B)
ending on the later of—
(i)
March 31, 2021
; or
(ii)
the date on which all funds provided to the provider of transportation services under subsection (c) are expended.
(2)
COVID–19
(3)
Payroll costs
(A)
In general
The term “payroll costs” means—
(i)
any payment to an employee of compensation in the form of—
(I)
salary, wage, commission, or similar compensation;
(II)
payment of a cash tip or an equivalent;
(III)
payment for vacation, parental, family, medical, or sick leave;
(IV)
payment required for the provision of group health care or other group insurance benefits, including insurance premiums;
(V)
payment of a retirement benefit;
(VI)
payment of a State or local tax assessed on employees with respect to compensation; or
(VII)
paid administrative leave; and
(ii)
any payment of compensation to, or income of, a sole proprietor or independent contractor—
(I)
that is—
(aa)
a wage;
(bb)
a commission;
(cc)
income;
(dd)
net earnings from self-employment; or
(ee)
similar compensation; and
(II)
in an amount equal to not more than $100,000 during 1 calendar year, as prorated for the covered period.
(B)
Exclusions
The term “payroll costs” does not include—
(i)
any compensation of an individual employee in excess of an annual salary of $100,000, as prorated for the covered period;
(ii)
any tax imposed or withheld under chapter 21, 22, or 24 of title 26 during the covered period;
(iii)
any compensation of an employee whose principal place of residence is outside the United States;
(iv)
any qualified sick leave wages for which a credit is allowed under section 7001 of the Families First Coronavirus Response Act (
26 U.S.C. 3111
note;
Public Law 116–127
);
(v)
any qualified family leave wages for which a credit is allowed under section 7003 of that Act (
26 U.S.C. 3111
note;
Public Law 116–127
); or
(vi)
any bonus, raise in excess of inflation, or other form of additional employee compensation.
(4)
Provider of transportation services
The term “provider of transportation services” means an entity that—
(A)
is established or organized—
(i)
in the United States; or
(ii)
pursuant to Federal law;
(B)
has significant operations, and a majority of employees based, in the United States;
(C)
was in operation on
March 1, 2020
; and
(D)
is the operator of—
(i)
a vessel of the United States (as defined in
section 116 of title 46
) that is—
(I)
a passenger vessel (as defined in section 2101 of that title) carrying fewer than 2,400 passengers;
(II)
a small passenger vessel (as defined in section 2101 of that title); or
(III)
a vessel providing pilotage services and regulated by a State in accordance with chapter 85 of that title;
(ii)
a company providing transportation services using a bus characterized by an elevated passenger deck located over a baggage compartment (commonly known as an “over-the-road bus”), including local and intercity fixed-route service, commuter service, and charter or tour service (including tour or excursion service that includes features in addition to bus transportation, such as meals, lodging, admission to points of interest or special attractions, or the services of a guide);
(iii)
a company providing transportation services using a school bus (as defined in section 571.3 of title 49, Code of Federal Regulations (or successor regulations)); or
(iv)
any other passenger transportation service company subject to regulation by the Department of Transportation as the Secretary, in consultation with the Secretary of Transportation, determines to be appropriate.
(5)
Secretary
(b)
Funding
(c)
Provision of assistance
(1)
In general
(2)
Description of eligible providers of transportation services
(A)
In general
An eligible provider of transportation services referred to in paragraph (1) is—
(i)
a provider of transportation services that, on
March 1, 2020
—
(I)
had 500 or fewer full-time, part-time, or temporary employees; and
(II)
was not a subsidiary, parent, or affiliate of any other entity with a combined total workforce of more than 500 full-time, part-time, or temporary employees; or
(ii)
a provider of transportation services that—
(I)
on
March 1, 2020
, had more than 500 full-time, part-time, or temporary employees; and
(II)
has not received assistance under paragraph (1), (2), or (3) of
section 9042(b) of this title
, or subtitle B of title IV of division A,
1
1
So in original. The comma probably should not appear.
of the Coronavirus Aid, Relief, and Economic Security Act (
Public Law 116–136
;
134 Stat. 281
) [
15 U.S.C. 9071
et seq.].
(B)
Scope of eligibility for certain companies
(i)
In general
(ii)
Contract or agreement described
(iii)
Adjustment of assistance
(iv)
Notice requirement
(3)
Amount
(A)
Factors for consideration
In determining the amount of assistance to be provided to an eligible provider of transportation services under this subsection, the Secretary shall take into consideration information provided by the provider of transportation services, including—
(i)
the amount of debt owed by the provider of transportation services on major equipment, if any;
(ii)
other sources of Federal assistance provided to the provider of transportation services, if any; and
(iii)
such other information as the Secretary may require.
(B)
Limitations
(i)
Award
(ii)
Certification
A provider of transportation services seeking assistance under this subsection shall submit to the Secretary—
(I)
documentation describing the total amount of revenue earned by the provider of transportation services during calendar year 2019; and
(II)
a certification that the amount of assistance sought under this subsection, when combined with any other Federal assistance described in clause (i), does not exceed the total amount of revenue earned by the provider of transportation services during calendar year 2019.
(4)
Form of assistance
(5)
Equal access
(6)
Conditions of receipt
As a condition of receipt of assistance under this subsection, the Secretary shall require that a provider of transportation services shall agree—
(A)
subject to paragraph (7)—
(i)
to commence using the funds, on a priority basis and to the extent the funds are available, to maintain through the applicable covered period, expenditures on payroll costs for all employees as of
December 27, 2020
, after making any adjustments required for—
(I)
retirement; or
(II)
voluntary employee separation;
(ii)
not to impose, during the covered period—
(I)
any involuntary furlough; or
(II)
any reduction in pay rates or benefits for nonexecutive employees; and
(iii)
to recall or rehire any employees laid off, furloughed, or terminated after
March 27, 2020
, to the extent warranted by increased service levels;
(B)
to return to the Secretary any funds received under this subsection that are not used by the provider of transportation services by the date that is 1 year after the date of receipt of the funds; and
(C)
to examine the anticipated expenditure of the funds by the provider of transportation services for the purposes described in subparagraph (A) not less frequently than once every 90 days after the date of receipt of the funds.
(7)
Ramp-up period
The requirement described in paragraph (6)(A)(iii) shall not apply to a provider of transportation services until the later of—
(A)
the date that is 30 days after the date of receipt of the funds; and
(B)
the date that is 90 days after
December 27, 2020
.
(8)
Additional conditions of certain receipts
(A)
Prioritization of payroll costs
(B)
Exception
Subparagraph (A) shall not apply to a provider of transportation services if the provider of transportation services certifies to the Secretary that, after making any adjustments required for retirement or voluntary employee separation—
(i)
each nonseasonal employee on the payroll of the provider of transportation services on
January 1, 2020
—
(I)
if laid off, furloughed, or terminated by the provider of transportation services as described in paragraph (6)(A)(iii), is rehired, or has been offered rehire, by the provider of transportation services; and
(II)
if rehired under clause (i) or subject to a reduction in salary before the date of receipt by the provider of transportation services of assistance under this subsection, receives not less than 100 percent of the previous salary of the employee;
(ii)
the provider of transportation services—
(I)
is staffed at a level of full-time equivalent, seasonal employees, on a monthly basis, that is greater than or equivalent to the level at which the provider of transportation services was staffed with full-time equivalent, seasonal employees on a monthly basis during calendar year 2019;
(II)
is offering priority in rehiring to seasonal employees that were laid off, furloughed, terminated, or not offered rehire in calendar year 2020, as the provider of transportation services achieves staffing at the level described in subclause (I); and
(III)
offers any seasonal employee rehired under subclause (II) or subject to a reduction in salary before the date of receipt by the provider of transportation services of assistance under this subsection not less than 100 percent of the previous salary of the employee; and
(iii)
the provider of transportation services will fully cover, through the applicable covered period, all payroll costs associated with the staffing requirements described in clauses (i) and (ii).
(9)
Forms; terms and conditions
(d)
Eligible activities
(1)
In general
Subject to the priority described in subsection (c)(6)(A), a provider of transportation services shall use assistance provided under subsection (c) only for—
(A)
the payment of payroll costs;
(B)
the acquisition of services, equipment, including personal protective equipment, and other measures needed to protect workers and customers from COVID–19;
(C)
continued operations and maintenance during the applicable covered period of existing capital equipment and facilities—
(i)
including rent, leases, insurance, and interest on regularly scheduled debt service; but
(ii)
not including any prepayment of, or payment of principal on, a debt obligation, except for any principal on a debt obligation accrued by the provider of transportation services directly to maintain the expenditures of the provider of transportation services on payroll costs throughout the COVID–19 pandemic; or
(D)
the compensation of returning employees for lost pay and benefits during the COVID–19 pandemic, subject to subsection (e).
(2)
Eligibility
(e)
Compensation of returning employees
Notwithstanding any other provision of law, any compensation provided to a returning employee under subsection (d)(1)(D)—
(1)
shall be offset by—
(A)
any amounts received by the employee from the provider of transportation services as a result of the layoff, furlough, or termination of the employee or any failure to hire the employee for seasonal employment during calendar year 2020, including—
(i)
furlough pay;
(ii)
severance pay; or
(iii)
separation pay; and
(B)
any amounts the employee received from unemployment insurance; and
(2)
shall not—
(A)
be considered an overpayment for purposes of any State or Federal unemployment law; or
(B)
be subject to any overpayment recovery efforts by a State agency (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (U.S.C. 3304 note
2
2
So in original. Probably should be “
26 U.S.C. 3304
note”.
)).
(f)
Administrative provisions
(1)
In general
The Secretary may take such actions as the Secretary determines to be necessary to carry out this section, including—
(A)
using direct hiring authority to hire employees to administer this section;
(B)
entering into contracts, including contracts for services authorized by this section; and
(C)
issuing such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this section.
(2)
Administrative expenses
(3)
Availability for obligation
(
Pub. L. 116–260, div. N, title IV, § 421
,
Dec. 27, 2020
,
134 Stat. 2061
.)
cite as:
15 USC 9111
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