Title 15 — Commerce and Trade
Part C · Chapter 116 — Coronavirus Economic Stabilization (cares Act)
§ 9094. Required assurances
Statutory text
In general
To be eligible for financial assistance under this part, a passenger air carrier or a contractor shall enter into an agreement with the Secretary, or otherwise certify in such form and manner as the Secretary shall prescribe, that the passenger air carrier or contractor shall—
refrain from conducting involuntary furloughs or reducing pay rates and benefits until—
with respect to passenger air carriers, ; or
with respect to contractors, , or the date on which the contractor expends such financial assistance, whichever is later;
ensure that neither the passenger air carrier or contractor nor any affiliate of the passenger air carrier or contractor may, in any transaction, purchase an equity security of the passenger air carrier or contractor or the parent company of the passenger air carrier or contractor that is listed on a national securities exchange through—
with respect to passenger air carriers, ; or
with respect to contractors, , or the date on which the contractor expends such financial assistance, whichever is later;
ensure that the passenger air carrier or contractor shall not pay dividends, or make other capital distributions, with respect to common stock (or equivalent interest) of the air carrier or contractor through—
with respect to passenger air carriers, ; or
with respect to contractors, , or the date on which the contractor expends such financial assistance, whichever is later; and
meet the requirements of sections 9095 and 9096 of this title.
Recalls of employees
An agreement or certification under this section shall require a passenger air carrier or contractor to perform the following actions:
In the case of a passenger air carrier or contractor that received financial assistance under title IV of the CARES Act [15 U.S.C. 9041 et seq., 9071 et seq.] —
recall (as defined in section 9091 of this title), not later than 72 hours after executing such agreement or certification, any employees involuntarily furloughed by such passenger air carrier or contractor between , and the date such passenger air carrier or contractor enters into an agreement with the Secretary with respect to financial assistance under this part;
compensate returning employees for lost pay and benefits (offset by any amounts received by the employee from a passenger air carrier or contractor as a result of the employee’s furlough, including, but not limited to, furlough pay, severance pay, or separation pay) between—
in the case of a passenger air carrier, , and the date on which such passenger air carrier enters into an agreement with the Secretary with respect to financial assistance under this part; or
in the case of a contractor, , and the date on which such contractor enters into an agreement with the Secretary with respect to financial assistance under this part; and
restore the rights and protections for such returning employees as if such employees had not been involuntarily furloughed.
In the case of a passenger air carrier or contractor that did not receive financial assistance under title IV of the CARES Act [15 U.S.C. 9041 et seq., 9071 et seq.] to—
recall (as defined in section 9091 of this title), within 72 hours after executing such agreement or certification, any employees involuntarily furloughed by such passenger air carrier or contractor between , and the date such passenger air carrier or contractor enters into an agreement with the Secretary for financial assistance under this part;
compensate returning employees under this paragraph for lost pay and benefits (offset by any amounts received by the employee from a passenger air carrier or contractor as a result of the employee’s furlough, including, but not limited to, furlough pay, severance pay, or separation pay) between—
in the case of a passenger air carrier, , and the date such passenger air carrier enters into an agreement with the Secretary for financial assistance under this part; or
in the case of a contractor, , and the date on which such contractor enters into an agreement with the Secretary with respect to financial assistance under this part; and
restore the rights and protections for such returning employees as if such employees had not been involuntarily furloughed.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Department of Homeland Security Appropriations Act, 2021
Pub. L. 116–260 div. N title IV § 404 · 134 Stat. 1182
Enacted · 15 U.S.C. § 9094
(Pub. L. 116–260, div. N, title IV, § 404, Dec. 27, 2020, 134 Stat. 2055.)
Source evidence
Code source credit
(Pub. L. 116–260, div. N, title IV, § 404, Dec. 27, 2020, 134 Stat. 2055.)Enacted provision · exact public law section
Sec. 404. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This part, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 401–412) of title IV of div. N of Pub. L. 116–260, , 134 Stat. 2052, which enacted this part and amended sections 9041, 9071, and 9074 of this title. For complete classification of subtitle A to the Code, see Tables.
Title IV of the CARES Act, referred to in subsec. (b), is title IV of div. A of Pub. L. 116–136, , 134 Stat. 469, which is classified principally to parts A (§ 9041 et seq.) and B (§ 9071 et seq.) of this subchapter. For complete classification of title IV 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.
Credits
(Pub. L. 116–260, div. N, title IV, § 404, , 134 Stat. 2055.)