15 U.S.C. § 9131 — Definitions

Page 2561 TITLE 15—COMMERCE AND TRADE § 9131 of title 49, Code of Federal Regulations), that is in-terminal and has maximum gross re- ceipts, averaged over the previous three fiscal years, of more than $56,420,000. (2) Eligible small airport concession The term ‘‘eligible small airport concession’’ means a concession (as defined in section 23.3 of title 49, Code of Federal Regulations), that is in-terminal and— (A) a small business with maximum gross receipts, averaged over the previous 3 fiscal years, of less than $56,420,000; or (B) is a joint venture (as defined in section 23.3 of title 49, Code of Federal Regulations). (Pub. L. 117–2, title VII, § 7102, Mar. 11, 2021, 135 Stat. 96.) Editorial Notes REFERENCES IN TEXT Sections 47114(c)(1)(C)(i) and 47114(c)(1)(C)(ii) of title 49, referred to in subsec. (b)(1)(B)(ii), were omitted in the general amendment of subsec. (c)(1) of section 47114 of title 49 by Pub. L. 118–63, title VII, § 712(a)(1), May 16, 2024, 138 Stat. 1254. The new subsec. (c)(1)(C) of section 47114 of title 49 does not contain any clauses. Section 47114(c)(2)(E) of title 49, referred to in subsec. (b)(1)(B)(ii), was redesignated section 47114(c)(2)(D) of title 49 by Pub. L. 118–63, title VII, § 712(a)(2)(C), May 16, 2024, 138 Stat. 1255. CODIFICATION Section was enacted as part of the American Rescue Plan Act of 2021, and not as part of the CARES Act which in part comprises this chapter. PART F—AVIATION MANUFACTURING JOBS PROTECTION Editorial Notes CODIFICATION Part F was enacted as part of the American Rescue Plan Act of 2021, and not as part of the CARES Act which in part comprises this chapter. § 9131. Definitions In this part: (1) Eligible employee group The term ‘‘eligible employee group’’ means the portion of an employer’s United States workforce that— (A) does not exceed 25 percent of the em- ployer’s total United States workforce as of April 1, 2020; and (B) contains only employees with a total compensation level of $200,000 or less per year; and (C) is engaged in aviation manufacturing activities and services, or maintenance, re- pair, and overhaul activities and services. (2) Aviation manufacturing company The term ‘‘aviation manufacturing com- pany’’ means a corporation, firm, or other business entity— (A) that— (i) actively manufactures an aircraft, aircraft engine, propeller, or a component, part, or systems of an aircraft or aircraft engine under a Federal Aviation Adminis- tration production approval; (ii) holds a certificate issued under part 145 of title 14, Code of Federal Regulations, for maintenance, repair, and overhaul of aircraft, aircraft engines, components, or propellers; or (iii) operates a process certified to SAE AS9100 related to the design, development, or provision of an aviation product or serv- ice, including a part, component, or assem- bly; (B) which— (i) is established, created, or organized in the United States or under the laws of the United States; and (ii) has significant operations in, and a majority of its employees engaged in avia- tion manufacturing activities and services, or maintenance, repair, and overhaul ac- tivities and services based in the United States; (C) which has involuntarily furloughed or laid off at least 10 percent of its workforce in 2020 as compared to 2019 or has experienced at least a 15 percent decline in 2020 revenues as compared to 2019; (D) that, as supported by sworn financial statements or other appropriate data, has identified the eligible employee group and the amount of total compensation level for the eligible employee group; (E) that agrees to provide private con- tributions and maintain the total compensa- tion level for the eligible employee group for the duration of an agreement under this part; (F) that agrees to provide immediate no- tice and justification to the Secretary of in- voluntary furloughs or layoffs exceeding 10 percent of the workforce that is not included in an eligible employee group for the dura- tion of an agreement and receipt of public contributions under this part; (G) that has not conducted involuntary furloughs or reduced pay rates or benefits for the eligible employee group, subject to the employer’s right to discipline or termi- nate an employee in accordance with em- ployer policy, between the date of applica- tion and the date on which such a corpora- tion, firm, or other business entity enters into an agreement with the Secretary under this part; and (H) that— (i) in the case of a corporation, firm, or other business entity including any parent company or subsidiary of such a corpora- tion, firm, or other business entity, that holds any type or production certificate or similar authorization issued under section 44704 of title 49, United States Code, with respect to a transport-category airplane covered under part 25 of title 14, Code of Federal Regulations, certificated with a passenger seating capacity of 50 or more, agrees to refrain from conducting involun- tary layoffs or furloughs, or reducing pay rates and benefits, for the eligible em- ployee group, subject to the employer’s right to discipline or terminate an em- ployee in accordance with employer policy Page 2562 TITLE 15—COMMERCE AND TRADE § 9132 from the date of agreement until Sep- tember 30, 2021, or the duration of the agreement and receipt of public contribu- tions under this part, whichever period ends later; or (ii) in the case of corporation, firm, or other business entity not specified under subparagraph (i), agrees to refrain from conducting involuntary layoffs or fur- loughs, or reducing pay rates and benefits, for the eligible employee group, subject to the employer’s right to discipline or termi- nate an employee in accordance with em- ployer policy for the duration of the agree- ment and receipt of public contributions under this part. (3) Employee The term ‘‘employee’’ has the meaning given that term in section 203 of title 29. (4) Employer The term ‘‘employer’’ means an aviation manufacturing company that is an employer (as defined in section 203 of title 29). (5) Private contribution The term ‘‘private contribution’’ means the contribution funded by the employer under this part to maintain 50 percent of the eligible employee group’s total compensation level, and combined with the public contribution, is sufficient to maintain the total compensation level for the eligible employee group as of April 1, 2020. (6) Public contribution The term ‘‘public contribution’’ means the contribution funded by the Federal Govern- ment under this part to provide 50 percent of the eligible employees group’s total compensa- tion level, and combined with the private con- tribution, is sufficient to maintain the total compensation level for those in the eligible employee group as of April 1, 2020. (7) Secretary The term ‘‘Secretary’’ means the Secretary of Transportation. (8) Total compensation level The term ‘‘total compensation level’’ means the level of total base compensation and bene- fits being provided to an eligible employee group employee, excluding overtime and pre- mium pay, and excluding any Federal, State, or local payroll taxes paid, as of April 1, 2020. (Pub. L. 117–2, title VII, § 7201, Mar. 11, 2021, 135 Stat. 101.) Editorial Notes CODIFICATION Section was enacted as part of the American Rescue Plan Act of 2021, and not as part of the CARES Act which in part comprises this chapter. § 9132. Payroll support program (a) In General The Secretary shall establish a payroll sup- port program and enter into agreements with employers who meet the eligibility criteria specified in subsection (b) and are not ineligible under subsection (c), to provide public contribu- tions to supplement compensation of an eligible employee group. There is appropriated for fiscal year 2021, out of amounts in the Treasury not otherwise appropriated, $3,000,000,000, to remain available until September 30, 2023, for the Sec- retary to carry out the payroll support program authorized under the preceding sentence for which 1 percent of the funds may be used for im- plementation costs and administrative expenses. (b) Eligibility The Secretary shall enter into an agreement and provide public contributions, for a term no longer than 6 months, solely with an employer that agrees to use the funds received under an agreement exclusively for the continuation of employee wages, salaries, and benefits, to main- tain the total compensation level for the eligi- ble employee group as of April 1, 2020 for the du- ration of the agreement, and to facilitate the re- tention, rehire, or recall of employees of the em- ployer, except that such funds may not be used for back pay of returning rehired or recalled em- ployees. (c) Ineligibility The Secretary may not enter into any agree- ment under this section with an employer who was allowed a credit under section 2301 of the CARES Act (26 U.S.C. 3111 note) for the imme- diately preceding calendar quarter ending before such agreement is entered into, who received fi- nancial assistance under section 9073 of this title, or who is currently expending financial as- sistance under the paycheck protection program established under section 636(a)(36) of this title, as of the date the employer submits an applica- tion under the payroll support program estab- lished under subsection (a). (d) Reductions To address any shortfall in assistance that would otherwise be provided under this part, the Secretary shall reduce, on a pro rata basis, the financial assistance provided under this part. (e) Agreement Deadline No agreement may be entered into by the Sec- retary under the payroll support program estab- lished under subsection (a) after the last day of the 6 month period that begins on the effective date of the first agreement entered into under such program. (Pub. L. 117–2, title VII, § 7202, Mar. 11, 2021, 135 Stat. 103.) Editorial Notes REFERENCES IN TEXT Section 2301 of the CARES Act, referred to in subsec. (c), is section 2301 of Pub. L. 116–136, which is set out as a note under section 3111 of Title 26, Internal Revenue Code. CODIFICATION Section was enacted as part of the American Rescue Plan Act of 2021, and not as part of the CARES Act which in part comprises this chapter.