15 U.S.C. § 9071 — Definitions

Page 2546 TITLE 15—COMMERCE AND TRADE § 9071 beyond 5 years from the initial origination date of the loan or loan guarantee. (c) Federal Reserve programs or facilities (1) In general After December 31, 2020, the Board of Gov- ernors of the Federal Reserve System and the Federal Reserve banks shall not make any loan, purchase any obligation, asset, security, or other interest, or make any extension of credit through any program or facility estab- lished under section 343(3) of title 12 in which the Secretary made a loan, loan guarantee, or other investment pursuant to section 9042(b)(4) of this title, other than a loan submitted, on or before December 14, 2020, to the Main Street Lending Program’s lender portal for the sale of a participation interest in such loan, pro- vided that the Main Street Lending Program purchases a participation interest in such loan on or before January 8, 2021 and under the terms and conditions of the Main Street Lend- ing Program as in effect on the date the loan was submitted to the Main Street Lending Program’s lender portal for the sale of a par- ticipation interest in such loan. (2) No modification After December 31, 2020, the Board of Gov- ernors of the Federal Reserve System and the Federal Reserve banks— (A) shall not modify the terms and condi- tions of any program or facility established under section 343(3) of title 12 in which the Secretary made a loan, loan guarantee, or other investment pursuant to section 9042(b)(4) of this title, including by author- izing transfer of such funds to a new pro- gram or facility established under section 343(3) of title 12; and (B) may modify or restructure a loan, obli- gation, asset, security, other interest, or ex- tension of credit made or purchased through any such program or facility provided that— (i) the loan, obligation, asset, security, other interest, or extension of credit is an eligible asset or for an eligible business, including an eligible nonprofit organiza- tion, each as defined by such program or facility; and (ii) the modification or restructuring re- lates to an eligible asset or single and spe- cific eligible business, including an eligible nonprofit organization, each as defined by such program or facility; and (iii) the modification or restructuring is necessary to minimize costs to taxpayers that could arise from a default on the loan, obligation, asset, security, other interest, or extension of credit. (3) Use of funds (A) In general Except as provided in subparagraph (B), the Secretary is permitted to use the fund established under section 5302 of title 31 for any purpose permitted under that section. (B) Exception The fund established under section 5302 of title 31 shall not be available for any pro- gram or facility established under section 343(3) of title 12 that is the same as any such program or facility in which the Secretary made an investment pursuant to section 9042(b)(4) of this title, except the Term Asset-Backed Securities Loan Facility. (Pub. L. 116–136, div. A, title IV, § 4029, Mar. 27, 2020, 134 Stat. 497; Pub. L. 116–260, div. N, title X, § 1005, Dec. 27, 2020, 134 Stat. 2146.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsec. (a), was in the origi- nal ‘‘this subtitle’’, meaning subtitle A (§§ 4001–4029) of title IV of div. A of Pub. L. 116–136, known as the Coronavirus Economic Stabilization Act of 2020, which is classified principally to this part. For complete clas- sification of subtitle A to the Code, see section 4001 of Pub. L. 116–136, set out as a Short Title note under sec- tion 9001 of this title, and Tables. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–260, § 1005(1), struck out ‘‘new’’ after ‘‘make’’. Subsec. (b)(1). Pub. L. 116–260, § 1005(2), substituted ‘‘or loan guarantee made under paragraph (1), (2), or (3) of section 9042(b) of this title’’ for ‘‘, loan guarantee, or other investment’’ in introductory provisions. Subsec. (c). Pub. L. 116–260, § 1005(3), added subsec. (c). PART B—AIR CARRIER WORKER SUPPORT § 9071. Definitions Unless otherwise specified, the terms in sec- tion 40102(a) of title 49 shall apply to this part, except that— (1) the term ‘‘airline catering employee’’ means an employee who performs airline ca- tering 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, di- rectly 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 oper- ations under part 121 of title 14, Code of Fed- eral Regulations— (i) catering functions; or (ii) functions on the property of an air- port 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 air- craft; 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 func- tions and waste removal; or (B) a subcontractor that performs such functions; (4) the term ‘‘employee’’ means an indi- vidual, other than a corporate officer, who is employed by an air carrier or a contractor; (5) the term ‘‘recall’’ means the dispatch of a notice by a contractor, via mail, courier, or electronic mail, to an involuntarily fur- Page 2547 TITLE 15—COMMERCE AND TRADE § 9073 1 So in original. There is no subsec. (a) in section 9080 of this title. loughed employee notifying the employee that— (A) the employee must, within a specified period of time that is not less than 14 days, elect either— (i) to return to employment or bypass re- turn to employment in accordance with an applicable collective bargaining agreement or, in the absence of a collective bar- gaining agreement, company policy; or (ii) to permanently separate from em- ployment with the contractor; and (B) failure to respond within such time pe- riod specified will be deemed to be an elec- tion under subparagraph (A)(ii); and (6) the term ‘‘Secretary’’ means the Sec- retary of the Treasury. (Pub. L. 116–136, div. A, title IV, § 4111, Mar. 27, 2020, 134 Stat. 497; Pub. L. 116–260, div. N, title IV, § 412(b), Dec. 27, 2020, 134 Stat. 2061.) Editorial Notes AMENDMENTS 2020—Pars. (5), (6). Pub. L. 116–260 added par. (5) and redesignated former par. (5) as (6). § 9072. Pandemic relief for aviation workers (a) Financial assistance for employee wages, sal- aries, 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 exclu- sively be used for the continuation of payment of employee wages, salaries, and benefits to— (1) passenger air carriers, in an aggregate amount up to $25,000,000,000; (2) cargo air carriers, in the aggregate amount up to $4,000,000,000; 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 $67,000,000 of the funds made available under section 9080(a) 1 of this title for costs and administrative expenses asso- ciated with providing financial assistance under this part. (Pub. L. 116–136, div. A, title IV, § 4112, Mar. 27, 2020, 134 Stat. 498; Pub. L. 117–328, div. LL, § 102(d)(1)(B), Dec. 29, 2022, 136 Stat. 6103.) Editorial Notes AMENDMENTS 2022—Subsec. (b). Pub. L. 117–328 substituted ‘‘$67,000,000’’ for ‘‘$100,000,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–328 effective upon issuance of guidance or the promulgation of a rule by the Secretary of the Treasury, in consultation with the Secretary of Transportation, see section 102(c) of Pub. L. 117–328, set out as a note under secton 802 of Title 42, The Public Health and Welfare. § 9073. Procedures for providing payroll support (a) Awardable amounts The Secretary shall provide financial assist- ance under this part— (1) to an air carrier in an amount equal to the salaries and benefits reported by the air carrier to the Department of Transportation pursuant to part 241 of title 14, Code of Federal Regulations, for the period from April 1, 2019, through September 30, 2019; and (2) to an air carrier that does not transmit reports under such part 241, in an amount that such air carrier certifies, using sworn finan- cial statements or other appropriate data, as the amount of wages, salaries, benefits, and other compensation that such air carrier paid the employees of such air carrier during the period from April 1, 2019, through September 30, 2019; and (3) to a contractor, in an amount that the contractor certifies, using sworn financial statements or other appropriate data, as the amount of wages, salaries, benefits, and other compensation that such contractor paid the employees of such contractor during the pe- riod from April 1, 2019, through September 30, 2019. (b) Deadlines and procedures (1) In general (A) Forms; terms and conditions Financial assistance provided to an air carrier or contractor under this part shall be in such form, on such terms and conditions (including requirements for audits and the clawback of any financial assistance pro- vided upon failure by a passenger air carrier, cargo air carrier, or contractor to honor the assurances specified in section 9074 of this title), as the Secretary determines appro- priate. (B) Procedures The Secretary shall publish streamlined and expedited procedures not later than 5 days after March 27, 2020, for air carriers and contractors to submit requests for financial assistance under this part. (2) Deadline for immediate payroll assistance Not later than 10 days after March 27, 2020, the Secretary shall make initial payments to air carriers and contractors that submit re- quests for financial assistance approved by to the Secretary. (3) Subsequent payments The Secretary shall determine an appro- priate method for timely distribution of pay- ments to air carriers and contractors with ap- proved requests for financial assistance from any funds remaining available after providing initial financial assistance payments under paragraph (2). (c) Pro rata authority The Secretary shall have the authority to re- duce, on a pro rata basis, the amounts due to air carriers and contractors under the applicable