117 STAT. 606
Records.
Reports. Certification.
PUBLIC LAW 108–11—APR. 16, 2003
(ii) that salary shall be treated as if it were the annual salary paid to the executive officer during that air carrier’s fiscal year 2002; and (iii) the executive officer shall be deemed to have been employed by that air carrier during that air carrier’s fiscal year 2002. (3) The Secretary shall not apply any of the conditions of this proviso for receiving assistance pursuant to the second proviso under this heading to any air carrier that operates aircraft exclusively with 85 seats or less, any Hawaii-based carrier or any air carrier that does not operate trans-Pacific or trans-Atlantic flights. (4)(A) The Comptroller General, or any of the Comptroller General’s duly authorized representatives, shall have access for the purpose of audit and examination to any books, accounts, documents, papers, and records of air carriers entering into an agreement under this proviso that relate to the information required to implement the provisions of this proviso. (B) The Comptroller General shall transmit a report of any investigation conducted under this proviso to the Senate Committee on Appropriations, the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Appropriations, and the House of Representatives Committee on Transportation and Infrastructure, together with a certification as to whether the Comptroller General has had access to sufficient information to make informed judgments on the matters covered by this report. (5) In this proviso, the following definitions apply: (A) The term ‘‘executive officer’’ means the two most highly compensated named executive officers (as that term is used in section 402(a)(3) of Regulation S-K promulgated by the Salaries and Exchange Commission under the Securities and Exchange Act of 1934 (17 CFR 229.402(a)(3))). (B) The term ‘‘salary’’ means the base salary of an individual, excluding any bonuses, awards of stock, or other financial benefits provided by an air carrier to the individual. (C) The term ‘‘total cash compensation’’ has the meaning given the term ‘‘total compensation’’ by section 104(b) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note), but does not include awards of stock or stock options or preexisting contracts governing retirement. (6) Nothing in this proviso shall be construed to prohibit or limit an air carrier in providing health benefits, life insurance benefits, or reimbursement of reasonable expenses to an executive officer. GENERAL PROVISIONS—THIS TITLE SEC. 4001. (a) Section 44302(f)(1) of title 49, United States Code, is amended by striking ‘‘2003’’ each place it appears and inserting ‘‘2004’’. (b) Section 44303(b) of such title is amended by striking ‘‘2003’’ and inserting ‘‘2004’’. (c) Section 44310 of such title is amended by striking ‘‘2003’’ and inserting ‘‘2004’’.
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