15 U.S.C. § 9091 — Definitions

Page 2550 TITLE 15—COMMERCE AND TRADE § 9091 Act, and also as part of the Consolidated Appropria- tions Act, 2021, and not as part of the CARES Act which in part comprises this chapter. § 9091. Definitions Unless otherwise specified, the definitions in section 40102(a) of title 49 shall apply to this part, except that in this part— (1) the term ‘‘catering functions’’ means preparation, assembly, or both, of food, bev- erages, provisions and related supplies for de- livery, and the delivery of such items, directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft; (2) 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; (3) the term ‘‘employee’’ means an indi- vidual, other than a corporate officer, who is employed by an air carrier or a contractor; (4) the term ‘‘recall’’ means the dispatch of a notice by a passenger air carrier or a con- tractor, via mail, courier, or electronic mail, to an involuntarily furloughed employee noti- fying the employee that— (A) the employee must, within a specified period of time, elect either— (i) to return to employment or bypass re- turn to employment, in accordance with an applicable collective bargaining agree- ment or, in the absence of a collective bar- gaining agreement, company policy; or (ii) to permanently separate from em- ployment with the passenger air carrier or contractor; and (B) failure to respond within such time pe- riod specified shall be considered an election under subparagraph (A)(ii); (5) the term ‘‘returning employee’’ means an involuntarily furloughed employee who has elected to return to employment pursuant to a recall notice; and (6) the term ‘‘Secretary’’ means the Sec- retary of the Treasury. (Pub. L. 116–260, div. N, title IV, § 401, Dec. 27, 2020, 134 Stat. 2052.) 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, Dec. 27, 2020, 134 Stat. 2052, which enacted this part and amended sections 9041, 9071, and 9074 of this title. For complete classifica- tion of subtitle A 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 Appropria- tions Act, 2021, and not as part of the CARES Act which in part comprises this chapter. § 9092. 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 $15,000,000,000; and (2) contractors, in an aggregate amount up to $1,000,000,000. (b) Administrative expenses Notwithstanding any other provision of law, the Secretary may use funds made available under section 9072(b) of this title for costs and administrative expenses associated with pro- viding financial assistance under this part. (Pub. L. 116–260, div. N, title IV, § 402, Dec. 27, 2020, 134 Stat. 2053.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsec. (b), was in the origi- nal ‘‘this subtitle’’, meaning subtitle A (§§ 401–412) of title IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2052, which enacted this part and amended sec- tions 9041, 9071, and 9074 of this title. For complete clas- sification of subtitle A 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 Appropria- tions Act, 2021, and not as part of the CARES Act which in part comprises this chapter. § 9093. Procedures for providing payroll support (a) Awardable amounts The Secretary shall provide financial assist- ance under this part— (1) to a passenger 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 was ap- proved to receive (without taking into ac- count any pro rata reduction) under section 9073 of this title; or (B) at the request of such air carrier, or in the event such air carrier did not receive as- sistance under section 9073 of this title, 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 a passenger air carrier that was not re- quired to transmit reports under such part 241, as of March 27, 2020, in an amount equal to—