```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4634 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4634

  To provide support for air carrier workers, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2020

Mr. Wicker (for himself and Ms. Collins) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To provide support for air carrier workers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Carrier Worker Support Extension 
Act of 2020''.

SEC. 2. DEFINITIONS.

    Unless otherwise specified, the terms in section 40102(a) of title 
49, United States Code, shall apply to this Act, except that--
            (1) the term ``airline catering employee'' means an 
        employee who performs airline catering services;
            (2) the term ``airline catering services'' 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;
            (3) 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 but not limited to 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;
            (4) the term ``employee'' means an individual, other than a 
        corporate officer, who is employed by an air carrier or a 
        contractor; and
            (5) the term ``Secretary'' means the Secretary of the 
        Treasury.

SEC. 3. PANDEMIC RELIEF FOR AVIATION WORKERS.

    (a) Financial Assistance for Employee Wages, Salaries, and 
Benefits.--Notwithstanding any other provision of law, to preserve 
aviation jobs and compensate air carrier industry workers, the 
Secretary shall provide financial assistance that shall exclusively be 
used for the continuation of payment of employee wages, salaries, and 
benefits to--
            (1) passenger air carriers, in an aggregate amount up to 
        $25,500,000,000;
            (2) cargo air carriers, in the aggregate amount up to 
        $300,000,000; and
            (3) contractors, in an aggregate amount up to 
        $3,000,000,000.
    (b) Administrative Expenses.--Notwithstanding any other provision 
of law, the Secretary may use $100,000,000 of the funds made available 
under section 11(a) for costs and administrative expenses associated 
with providing financial assistance under this Act.

SEC. 4. PROCEDURES FOR PROVIDING PAYROLL SUPPORT.

    (a) Awardable Amounts.--The Secretary shall provide financial 
assistance under this Act--
            (1) to an 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--
                    (A) the amount such air carrier received under 
                section 4113 of the CARES Act (15 U.S.C. 9073); or
                    (B) at the request of such air carrier, 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;
            (2) to an air carrier that did not transmit reports under 
        such part 241, as of March 27, 2020, in an amount equal to--
                    (A) the amount such air carrier received under 
                section 4113 of the CARES Act (15 U.S.C. 9073), plus an 
                additional 15 percent of such amount; or
                    (B) at the request of such carrier, the sum of--
                            (i) 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 the carrier were 
                        required to transmit such information during 
                        the period from April 1, 2019, through 
                        September 30, 2019; and
                            (ii) an additional amount equal to the 
                        difference between the amount certified under 
                        clause (i) and the amount the air carrier 
                        received under section 4113 of the CARES Act 
                        (15 U.S.C. 9073); and
            (3) to a contractor in an amount equal to the amount such 
        contractor received under section 4113 of the CARES Act (15 
        U.S.C. 9073).
    (b) Additional Awardable Amounts.--The Secretary shall provide 
financial assistance under this Act to an air carrier that did not 
receive assistance under section 4113 of the CARES Act (15 U.S.C. 9073) 
and does not transmit reports under such part 241 in 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 the carrier were required to transmit such information during 
the period from April 1, 2019, through September 30, 2019.
    (c) Deadlines and Procedures.--
            (1) In general.--
                    (A) Forms; terms and conditions.--Financial 
                assistance provided to an air carrier or contractor 
                under this Act shall be in such form, on such terms and 
                conditions (including requirements for audits and the 
                clawback of any financial assistance provided upon 
                failure by a passenger air carrier, cargo air carrier, 
                or contractor to honor the assurances specified in 
                section 5), as agreed to by the Secretary and the 
                recipient for assistance received under section 4113 of 
                the CARES Act (15 U.S.C. 9073), except where 
                inconsistent with this Act.
                    (B) Procedures.--The Secretary shall publish 
                streamlined and expedited procedures not later than 5 
                days after the date of enactment of this Act for air 
                carriers and contractors to submit requests for 
                financial assistance under this Act.
            (2) Deadline for immediate payroll assistance.--Not later 
        than 10 days after the date of enactment of this Act, the 
        Secretary shall make initial payments to air carriers and 
        contractors that submit requests for financial assistance 
        approved by to the Secretary.
            (3) Subsequent payments.--The Secretary shall determine an 
        appropriate method for timely distribution of payments to air 
        carriers and contractors with approved requests for financial 
        assistance from any funds remaining available after providing 
        initial financial assistance payments under paragraph (2).
    (d) Pro Rata Reductions.--The amounts under subsections (a)(1)(B), 
(a)(2)(B)(i), and (b) shall, to the maximum extent practicable, be 
subject to the same pro rata reduction applied by the Secretary to 
passenger or cargo air carriers, as applicable, that received 
assistance under section 4113 of the CARES Act (15 U.S.C. 9073).
    (e) Audits.--The Inspector General of the Department of the 
Treasury shall audit certifications made under subsection (a) or (b).

SEC. 5. REQUIRED ASSURANCES.

    (a) In General.--To be eligible for financial assistance under this 
Act, an air carrier or contractor shall enter into an agreement with 
the Secretary, or otherwise certify in such form and manner as the 
Secretary shall prescribe, that the air carrier or contractor shall--
            (1) refrain from conducting involuntary furloughs or 
        reducing pay rates and benefits until March 31, 2021;
            (2) through March 31, 2022, ensure that neither the air 
        carrier or contractor nor any affiliate of the air carrier or 
        contractor may, in any transaction, purchase an equity security 
        of the air carrier or contractor or the parent company of the 
        air carrier or contractor that is listed on a national 
        securities exchange;
            (3) through March 31, 2022, ensure that the air carrier or 
        contractor shall not pay dividends, or make other capital 
        distributions, with respect to the common stock (or equivalent 
        interest) of the air carrier or contractor; and
            (4) meet the requirements of sections 6 and 7.
    (b) Department of Transportation Authority to Condition Assistance 
on Continuation of Service.--
            (1) In general.--The Secretary of Transportation is 
        authorized to require, to the extent reasonable and 
        practicable, an air carrier provided financial assistance under 
        this Act to maintain scheduled air transportation service, as 
        the Secretary of Transportation deems necessary, to ensure 
        services to any point served by that carrier before March 1, 
        2020.
            (2) Required considerations.--When considering whether to 
        exercise the authority provided by this subsection, the 
        Secretary of Transportation shall take into consideration the 
        air transportation needs of small and remote communities and 
        the need to maintain well-functioning health care supply 
        chains, including medical devices and supplies, and 
        pharmaceutical supply chains.
            (3) Sunset.--The authority provided under this subsection 
        shall terminate on April 1, 2022, and any requirements issued 
        by the Secretary of Transportation under this subsection shall 
        cease to apply after that date.

SEC. 6. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT.

    (a) In General.--Neither the Secretary, nor any other actor, 
department, or agency of the Federal Government, shall condition the 
issuance of financial assistance under this Act on an air carrier's or 
contractor's implementation of measures to enter into negotiations with 
the certified bargaining representative of a craft or class of 
employees of the air carrier or contractor under the Railway Labor Act 
(45 U.S.C. 151 et seq.) or the National Labor Relations Act (29 U.S.C. 
151 et seq.), regarding pay or other terms and conditions of 
employment.
    (b) Period of Effect.--With respect to an air carrier or contractor 
to which financial assistance is provided under this Act, this section 
shall be in effect with respect to the air carrier or contractor 
beginning on the date on which the air carrier or contractor is first 
issued such financial assistance and ending on March 31, 2021.

SEC. 7. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.

    (a) In General.--The Secretary may only provide financial 
assistance under this Act to an air carrier or contractor after such 
carrier or contractor enters into an agreement with the Secretary which 
provides that, during the 2-year period beginning March 24, 2020, and 
ending March 24, 2022, no officer or employee of the air carrier or 
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 
enactment of this Act)--
            (1) will receive from the air carrier or contractor total 
        compensation which exceeds, during any 12 consecutive months of 
        such 2-year period, the total compensation received by the 
        officer or employee from the air carrier or contractor in 
        calendar year 2019;
            (2) will receive from the air carrier or contractor 
        severance pay or other benefits upon termination of employment 
        with the air carrier or contractor which exceeds twice the 
        maximum total compensation received by the officer or employee 
        from the air carrier or contractor in calendar year 2019; and
            (3) no officer or employee of the eligible business whose 
        total compensation exceeded $3,000,000 in calendar year 2019 
        may receive during any 12 consecutive months of such period 
        total compensation in excess of the sum of--
                    (A) $3,000,000; and
                    (B) 50 percent of the excess over $3,000,000 of the 
                total compensation received by the officer or employee 
                from the eligible business in calendar year 2019.
    (b) Total Compensation Defined.--In this section, the term ``total 
compensation'' includes salary, bonuses, awards of stock, and other 
financial benefits provided by an air carrier or contractor to an 
officer or employee of the air carrier or contractor.

SEC. 8. TAX PAYER PROTECTION.

    (a) CARES Act Assistance Recipients.--With respect to a recipient 
of assistance under section 4113 of the CARES Act (15 U.S.C. 9073) that 
receives assistance under this Act, the Secretary may receive warrants, 
options, preferred stock, debt securities, notes, or other financial 
instruments issued by such recipient in the same form and amount, and 
under the same terms and conditions, as agreed to by the Secretary and 
the recipient for assistance received under such section 4113 to 
provide appropriate compensation to the Federal Government for the 
provision of the financial assistance under this Act.
    (b) Other Applicants.--With respect to an applicant that did not 
receive assistance under such section 4113, the Secretary may receive 
warrants, options, preferred stock, debt securities, notes, or other 
financial instruments issued by an applicant that receives assistance 
under this Act in a form and amount that are, to the maximum extent 
practicable, the same as the terms and conditions as agreed to by the 
Secretary and similarly situated recipients of assistance under such 
section 4113 to provide appropriate compensation to the Federal 
Government for the provision of the financial assistance under this 
Act.

SEC. 9. REPORTS.

    (a) Report.--Not later than May 1, 2021, the Secretary shall submit 
to the Committee on Transportation and Infrastructure and the Committee 
on Financial Services of the House of Representatives and the Committee 
on Commerce, Science, and Transportation and the Committee on Banking, 
Housing, and Urban Affairs of the Senate a report on the financial 
assistance provided to air carriers and contractors under this Act, 
including a description of any financial assistance provided.
    (b) Update.--Not later than the last day of the 1-year period 
following the date of enactment of this Act, the Secretary shall update 
and submit to the Committee on Transportation and Infrastructure and 
the Committee on Financial Services of the House of Representatives and 
the Committee on Commerce, Science, and Transportation and the 
Committee on Banking, Housing, and Urban Affairs of the Senate the 
report described in subsection (a).

SEC. 10. COORDINATION.

    In implementing this Act, the Secretary shall coordinate with the 
Secretary of Transportation.

SEC. 11. FUNDING.

    (a) Direct Appropriation.--Notwithstanding any other provision of 
law, there is appropriated, out of amounts in the Treasury not 
otherwise appropriated, $11,400,000,000 to carry out this Act.
    (b) Transfer of Unobligated CARES Act Funds.--In addition to the 
amount appropriated under subsection (a) to carry out this Act, the 
amounts made available under the following provisions of law are hereby 
transferred and made available to the Secretary to carry out this Act:
            (1) $3,100,000,000 from subsection (b)(2) of section 4003 
        of the CARES Act (15 U.S.C. 9042).
            (2) $11,100,000,000 from subsection (b)(3) of section 4003 
        of the CARES Act (15 U.S.C. 9042).
            (3) $3,200,000,000 from subsection (a)(2) of section 4112 
        of the CARES Act (15 U.S.C. 9072).
                                 <all>
```