I 
116TH CONGRESS 
2D SESSION 
H. R. 8345 
To provide support for air carrier workers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2020 
Ms. PLASKETT (for herself and Mr. JOYCE of Ohio) introduced the following 
bill; which was referred to the Committee on Financial Services, and in 
addition to the Committee on Transportation and Infrastructure, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide support for air carrier workers, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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— 
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(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 lo-
cation 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 oper-
ations under part 121 of title 14, Code of Fed-
eral 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 load-
ing and unloading of property on aircraft; 
assistance to passengers under part 382 of 
title 14, Code of Federal Regulations; se-
curity; airport ticketing and check-in func-
tions; ground-handling of aircraft; or air-
craft cleaning and sanitization functions 
and waste removal; or 
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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 pur-
suant to part 241 of title 14, Code of Federal Regu-
lations, 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 Transpor-
tation 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 re-
ports 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 
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(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 trans-
mit 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 Sec-
retary 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 
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transmit reports under such part 241 in an amount that 
such an air carrier certifies, using sworn financial state-
ments 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 De-
partment 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.—Fi-
nancial assistance provided to an air carrier or 
contractor under this Act shall be in such form, 
on such terms and conditions (including re-
quirements for audits and the clawback of any 
financial assistance provided upon failure by a 
passenger air carrier, cargo air carrier, or con-
tractor to honor the assurances specified in sec-
tion 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), ex-
cept where inconsistent with this Act. 
(B) PROCEDURES.—The Secretary shall 
publish streamlined and expedited procedures 
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not later than 5 days after the date of enact-
ment of this Act for air carriers and contractors 
to submit requests for financial assistance 
under this Act. 
(2) DEADLINE FOR IMMEDIATE PAYROLL AS-
SISTANCE.—Not later than 10 days after the date of 
enactment of this Act, the Secretary shall make ini-
tial payments to air carriers and contractors that 
submit requests for financial assistance approved by 
the Secretary. 
(3) SUBSEQUENT
PAYMENTS.—The Secretary 
shall determine an appropriate method for timely 
distribution of payments to air carriers and contrac-
tors with approved requests for financial assistance 
from any funds remaining available after providing 
initial financial assistance payments under para-
graph (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). 
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(e) AUDITS.—The Inspector General of the Depart-
ment of the Treasury shall audit certifications made under 
subsection (a) or (b). 
SEC. 5. REQUIRED ASSURANCES. 
(a) IN GENERAL.—To be eligible for financial assist-
ance 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 fur-
loughs or reducing pay rates and benefits until 
March 31, 2021; 
(2) through March 31, 2022, ensure that nei-
ther 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 con-
tractor or the parent company of the air carrier or 
contractor that is listed on a national securities ex-
change; 
(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 car-
rier or contractor; and 
(4) meet the requirements of sections 6 and 7. 
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(b) DEPARTMENT OF TRANSPORTATION AUTHORITY 
TO CONDITION ASSISTANCE ON CONTINUATION OF SERV-
ICE.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation is authorized to require, to the extent reason-
able and practicable, an air carrier provided finan-
cial assistance under this Act to maintain scheduled 
air transportation service, as the Secretary of Trans-
portation deems necessary, to ensure services to any 
point served by that carrier before March 1, 2020. 
(2) REQUIRED
CONSIDERATIONS.—When con-
sidering 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 Trans-
portation under this subsection shall cease to apply 
after that date. 
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SEC. 6. PROTECTION OF COLLECTIVE BARGAINING AGREE-
MENT. 
(a) IN GENERAL.—Neither the Secretary, nor any 
other actor, department, or agency of the Federal Govern-
ment, shall condition the issuance of financial assistance 
under this Act on an air carrier’s or contractor’s imple-
mentation 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 Rail-
way 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 car-
rier 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 fi-
nancial assistance and ending on March 31, 2021. 
SEC. 7. LIMITATION ON CERTAIN EMPLOYEE COMPENSA-
TION. 
(a) IN GENERAL.—The Secretary may only provide 
financial assistance under this Act to an air carrier or con-
tractor 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 
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or 
contractor 
whose 
total 
compensation 
exceeded 
$425,000 in calendar year 2019 (other than an employee 
whose compensation is determined through an existing col-
lective bargaining agreement entered into prior to enact-
ment of this Act)— 
(1) will receive from the air carrier or con-
tractor total compensation which exceeds, during 
any 12 consecutive months of such 2-year period, 
the total compensation received by the officer or em-
ployee from the air carrier or contractor in calendar 
year 2019; 
(2) will receive from the air carrier or con-
tractor severance pay or other benefits upon termi-
nation of employment with the air carrier or con-
tractor which exceeds twice the maximum total com-
pensation 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 busi-
ness whose total compensation exceeded $3,000,000 
in calendar year 2019 may receive during any 12 
consecutive months of such period total compensa-
tion in excess of the sum of— 
(A) $3,000,000; and 
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(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 sec-
tion, the term ‘‘total compensation’’ includes salary, bo-
nuses, awards of stock, and other financial benefits pro-
vided by an air carrier or contractor to an officer or em-
ployee 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, op-
tions, preferred stock, debt securities, notes, or other fi-
nancial instruments issued by such recipient in the same 
form and amount, and under the same terms and condi-
tions, as agreed to by the Secretary and the recipient for 
assistance received under such section 4113 to provide ap-
propriate compensation to the Federal Government for the 
provision of the financial assistance under this Act. 
(b) OTHER APPLICANTS.—With respect to an appli-
cant that did not receive assistance under such section 
4113, the Secretary may receive warrants, options, pre-
ferred stock, debt securities, notes, or other financial in-
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struments issued by an applicant that receives assistance 
under this Act in a form and amount that are, to the max-
imum extent practicable, the same as the terms and condi-
tions 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 Sec-
retary shall submit to the Committee on Transportation 
and Infrastructure and the Committee on Financial Serv-
ices of the House of Representatives and the Committee 
on Commerce, Science, and Transportation and the Com-
mittee 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 de-
scription 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 Af-
fairs of the Senate the report described in subsection (a). 
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SEC. 10. COORDINATION. 
In implementing this Act, the Secretary shall coordi-
nate 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). 
Æ 
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