US Codex
U.S.C.
Notes

§9041. Definitions — Inbound Citations

15 U.S.C. § 9041

Cited by 780 provisions in release 119-102.

Citations to 15 U.S.C. § 9041 as a whole

  • 15 U.S.C. § 9094(b)(1)
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    (1) In the case of a passenger air carrier or contractor that received financial assistance under title IV of the CARES Act [15 U.S.C. 9041 et seq., 9071 et seq.] —
    (A) recall (as defined in section 9091 of this title), not later than 72 hours after executing such agreement or certification, any employees involuntarily furloughed by such passenger air carrier or contractor between October 1, 2020, and the date such passenger air carrier or contractor enters into an agreement with the Secretary with respect to financial assistance under this part;
    (B) compensate returning employees for lost pay and benefits (offset by any amounts received by the employee from a passenger air carrier or contractor as a result of the employee’s furlough, including, but not limited to, furlough pay, severance pay, or separation pay) between—
    (i) in the case of a passenger air carrier, December 1, 2020, and the date on which such passenger air carrier enters into an agreement with the Secretary with respect to financial assistance under this part; or
    (ii) in the case of a contractor, December 27, 2020, and the date on which such contractor enters into an agreement with the Secretary with respect to financial assistance under this part; and
    (C) restore the rights and protections for such returning employees as if such employees had not been involuntarily furloughed.
  • 15 U.S.C. § 9094(b)(2)
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    (2) In the case of a passenger air carrier or contractor that did not receive financial assistance under title IV of the CARES Act [15 U.S.C. 9041 et seq., 9071 et seq.] to—
    (A) recall (as defined in section 9091 of this title), within 72 hours after executing such agreement or certification, any employees involuntarily furloughed by such passenger air carrier or contractor between March 27, 2020, and the date such passenger air carrier or contractor enters into an agreement with the Secretary for financial assistance under this part;
    (B) compensate returning employees under this paragraph for lost pay and benefits (offset by any amounts received by the employee from a passenger air carrier or contractor as a result of the employee’s furlough, including, but not limited to, furlough pay, severance pay, or separation pay) between—
    (i) in the case of a passenger air carrier, December 1, 2020, and the date such passenger air carrier enters into an agreement with the Secretary for financial assistance under this part; or
    (ii) in the case of a contractor, December 27, 2020, and the date on which such contractor enters into an agreement with the Secretary with respect to financial assistance under this part; and
    (C) restore the rights and protections for such returning employees as if such employees had not been involuntarily furloughed.

Citations to §9041(1)

Citations to §9041(2)

  • 15 U.S.C. § 9008(b)
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    (b) The Department of the Treasury, in consultation with the Administrator, and the Chairman of the Farm Credit Administration shall establish criteria for insured depository institutions, insured credit unions, institutions of the Farm Credit System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), and other lenders that do not already participate in lending under programs of the Administration, to participate in the paycheck protection program to provide loans under this section until the date on which the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) expires.
  • 15 U.S.C. § 9008(h)
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    (h) With guidance from the Secretary, the Administrator shall administer the program established under this section, including the making and purchasing of guarantees on loans under the program, until the date on which the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) expires.
  • 15 U.S.C. § 9011(b)(3)
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    (3) in addition to the relief provided under this Act, the Administration should encourage lenders to provide payment deferments, when appropriate, and to extend the maturity of covered loans, so as to avoid balloon payments or any requirement for increases in debt payments resulting from deferments provided by lenders during the period of the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19).
  • 15 U.S.C. § 9021(a)(1)
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    (1) The term “COVID–19” means the 2019 Novel Coronavirus or 2019-nCoV.
  • 15 U.S.C. § 9021(a)(2)
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    (2) The term “COVID–19 public health emergency” means the public health emergency declared by the Secretary of Health and Human Services on January 27, 2020, with respect to the 2019 Novel Coronavirus.
  • 15 U.S.C. § 9042(a)
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    (a) Notwithstanding any other provision of law, to provide liquidity to eligible businesses, States, and municipalities related to losses incurred as a result of coronavirus, the Secretary is authorized to make loans, loan guarantees, and other investments in support of eligible businesses, States, and municipalities that do not, in the aggregate, exceed $0 and provide the subsidy amounts necessary for such loans, loan guarantees, and other investments in accordance with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
  • 15 U.S.C. § 9042(c)(2)(C)(ii)
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    (ii) is to the extent practicable, not less than an interest rate based on market conditions for comparable obligations prevalent prior to the outbreak of the coronavirus disease 2019 (COVID–19);
  • 15 U.S.C. § 9042(g)(1)
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    (1) perform all reasonable duties the Secretary determines necessary to respond to the coronavirus; and
  • 15 U.S.C. § 9048(a)(1)
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    (1) the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates; or
  • 15 U.S.C. § 9049(a)(1)
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    (1) the termination date of the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.); or
  • 15 U.S.C. § 9050(b)(2)(A)
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    (A) the termination date of the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.); or
  • 15 U.S.C. § 9051(a)(1)
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    (1) The term “applicable period” means the period beginning on March 1, 2020 and ending on the earlier of January 1, 2022, or the date that is 60 days after the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates.
  • 15 U.S.C. § 9051(b)(1)(A)
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    (A) suspend the requirements under United States generally accepted accounting principles for loan modifications related to the coronavirus disease 2019 (COVID–19) pandemic that would otherwise be categorized as a troubled debt restructuring; and
  • 15 U.S.C. § 9051(b)(1)(B)
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    (B) suspend any determination of a loan modified as a result of the effects of the coronavirus disease 2019 (COVID–19) pandemic as being a troubled debt restructuring, including impairment for accounting purposes under United States Generally Accepted Accounting Principles.
  • 15 U.S.C. § 9051(b)(2)(B)
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    (B) shall not apply to any adverse impact on the credit of a borrower that is not related to the coronavirus disease 2019 (COVID–19) pandemic.
  • 15 U.S.C. § 9052(b)(1)
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    (1) the first day of the fiscal year of the insured depository institution, bank holding company, or any affiliate thereof that begins after the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates; or
  • 15 U.S.C. § 9055(b)(1)(A)
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    (A) conduct oversight of the implementation of this part by the Department of the Treasury and the Board of Governors of the Federal Reserve System, including efforts of the Department and the Board to provide economic stability as a result of the coronavirus disease 2019 (COVID–19) pandemic of 2020;
  • 15 U.S.C. § 9056(a)(1)
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    (1) The term “COVID–19 emergency” means the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.).
  • 15 U.S.C. § 9057(f)(4)
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    (4) The term “COVID–19 emergency” means the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.).
  • 15 U.S.C. § 9057(f)(5)(A)
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    (A) the termination date of the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.); or
  • 15 U.S.C. § 9058a(c)(2)(A)(v)
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    (v) other expenses related to housing incurred due, directly or indirectly, to the novel coronavirus disease (COVID–19) outbreak, as defined by the Secretary.
  • 15 U.S.C. § 9058a(c)(3)
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    (3) Not more than 10 percent of funds received by an eligible grantee from a payment made under this section may be used to provide eligible households with case management and other services related to the novel coronavirus disease (COVID–19) outbreak, as defined by the Secretary, intended to help keep households stably housed.
  • 15 U.S.C. § 9058a(k)(3)(A)(i)(II)
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    (II) experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, to the novel coronavirus disease (COVID–19) outbreak, which the applicant shall attest in writing;
  • 15 U.S.C. § 9058c(f)(2)(A)(ii)
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    (ii) experienced a reduction in household income, incurred significant costs, or experienced other financial hardship during or due, directly or indirectly, to the coronavirus pandemic;
  • 15 U.S.C. § 9058d(c)(1)
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    (1) There is established in the Department of the Treasury a Homeowner Assistance Fund to mitigate financial hardships associated with the coronavirus pandemic by providing such funds as are appropriated by subsection (a) to eligible entities for the purpose of preventing homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacements of homeowners experiencing financial hardship after January 21, 2020, through qualified expenses related to mortgages and housing, which include—
    (A) mortgage payment assistance;
    (B) financial assistance to allow a homeowner to reinstate a mortgage or to pay other housing related costs related to a period of forbearance, delinquency, or default;
    (C) principal reduction;
    (D) facilitating interest rate reductions;
    (E) payment assistance for—
    (i) utilities, including electric, gas, home energy, and water;
    (ii) internet service, including broadband internet access service, as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation);
    (iii) homeowner’s insurance, flood insurance, and mortgage insurance; and
    (iv) homeowner’s association, condominium association fees, or common charges;
    (F) reimbursement of funds expended by a State, local government, or designated entity under subsection (f) during the period beginning on January 21, 2020, and ending on the date that the first funds are disbursed by the eligible entity under the Homeowner Assistance Fund, for the purpose of providing housing or utility payment assistance to homeowners or otherwise providing funds to prevent foreclosure or post-foreclosure eviction of a homeowner or prevent mortgage delinquency or loss of housing or utilities as a response to the coronavirus disease (COVID) pandemic; and
    (G) any other assistance to promote housing stability for homeowners, including preventing mortgage delinquency, default, foreclosure, post-foreclosure eviction of a homeowner, or the loss of utility or home energy services, as determined by the Secretary.
  • 15 U.S.C. § 9058d(c)(1)(F)
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    (F) reimbursement of funds expended by a State, local government, or designated entity under subsection (f) during the period beginning on January 21, 2020, and ending on the date that the first funds are disbursed by the eligible entity under the Homeowner Assistance Fund, for the purpose of providing housing or utility payment assistance to homeowners or otherwise providing funds to prevent foreclosure or post-foreclosure eviction of a homeowner or prevent mortgage delinquency or loss of housing or utilities as a response to the coronavirus disease (COVID) pandemic; and
  • 15 U.S.C. § 9097(d)(4)
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    (4) Maintaining a robust air transportation system, including maintaining air service to airports throughout the United States, plays an important role in the effective distribution of a coronavirus vaccine.
  • 15 U.S.C. § 9111(a)(2)
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    (2) The term “COVID–19” means the Coronavirus Disease 2019.
  • 15 U.S.C. § 9111(a)(3)(B)(iv)
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    (iv) any qualified sick leave wages for which a credit is allowed under section 7001 of the Families First Coronavirus Response Act (26 U.S.C. 3111 note; Public Law 116–127);
  • 15 U.S.C. § 9111(c)(2)(A)(ii)(II)
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    (II) has not received assistance under paragraph (1), (2), or (3) of section 9042(b) of this title, or subtitle B of title IV of division A,1 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136; 134 Stat. 281) [15 U.S.C. 9071 et seq.].
  • 15 U.S.C. § 9111(c)(2)(B)(ii)
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    (ii) A contract or agreement referred to in clause (i) is a contract or agreement for transportation services that is supported by a public entity using funds received under the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 505).
  • 15 U.S.C. § 9111(c)(2)(B)(iii)
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    (iii) The Secretary may reduce the amount of assistance available under this subsection to a provider of transportation services described in clause (i) based on the amount of funds provided under this section or the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 505) that have supported a contract or agreement described in clause (ii) to which the provider of transportation services is a party.
  • 15 U.S.C. § 9111(c)(2)(B)(iv)
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    (iv) A provider of transportation services that has entered into or maintains a contract or agreement described in clause (ii), and that applies for assistance under this subsection, shall submit to the Secretary a notice describing the contract or agreement, including the amount of funds provided for the contract or agreement under this subsection or the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 505).
  • 15 U.S.C. § 9111(c)(3)(B)(i)
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    (i) The Secretary shall ensure that the amount of assistance provided to a provider of transportation services under this subsection, when combined with any other Federal assistance provided in response to COVID–19 under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136; 134 Stat. 281), the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139; 134 Stat. 620), or any other provision of law, does not exceed the total amount of revenue earned by the provider of transportation services during calendar year 2019.
  • 15 U.S.C. § 9121(a)(1)
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    (1) In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any funds in the Treasury not otherwise appropriated, $8,000,000,000, to remain available until September 30, 2024, for assistance to sponsors of airports, as such terms are defined in section 47102 of title 49, to be made available to prevent, prepare for, and respond to coronavirus.
  • 15 U.S.C. § 9121(a)(2)(B)
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    (B) may not be provided to any airport that was allocated in excess of 4 years of operating funds to prevent, prepare for, and respond to coronavirus in fiscal year 2020.

Citations to §9041(3)

Citations to §9041(4)

Citations to §9041(5)

Citations to §9041(6)

Citations to §9041(7)

Citations to §9041(8)

Citations to §9041(9)

  • 15 U.S.C. § 9008(a)(3)
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    (3) the term “Secretary” means the Secretary of the Treasury.
  • 15 U.S.C. § 9008(c)
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    (c) An insured depository institution, insured credit union, institution of the Farm Credit System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), or other lender may only participate in the program established under this section if participation does not affect the safety and soundness of the institution or lender, as determined by the Secretary in consultation with the appropriate Federal banking agencies or the National Credit Union Administration Board, as applicable.
  • 15 U.S.C. § 9008(d)(1)
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    (1) The Secretary may issue regulations and guidance as necessary to carry out the purposes of this section, including to—
    (A) allow additional lenders to originate loans under this section; and
    (B) establish terms and conditions for loans under this section, including terms and conditions concerning compensation, underwriting standards, interest rates, and maturity.
  • 15 U.S.C. § 9008(e)
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    (e) The Secretary may issue regulations and guidance as necessary to carry out the purposes of this section, including to allow additional lenders to originate loans under this title1 and to establish terms and conditions such as compensation, underwriting standards, interest rates, and maturity for under2 this section.
  • 15 U.S.C. § 9008(f)
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    (f) As a condition of receiving a loan under this section, a borrower shall certify under terms acceptable to the Secretary that the borrower—
    (1) does not have an application pending for a loan under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for the same purpose; and
    (2) has not received such a loan during the period beginning on February 15, 2020 and ending on December 31, 2020.
  • 15 U.S.C. § 9008(h)
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    (h) With guidance from the Secretary, the Administrator shall administer the program established under this section, including the making and purchasing of guarantees on loans under the program, until the date on which the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) expires.
  • 15 U.S.C. § 9021(a)(2)
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    (2) The term “COVID–19 public health emergency” means the public health emergency declared by the Secretary of Health and Human Services on January 27, 2020, with respect to the 2019 Novel Coronavirus.
  • 15 U.S.C. § 9021(a)(3)(A)(ii)(I)(kk)
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    (kk) the individual meets any additional criteria established by the Secretary for unemployment assistance under this section; or
  • 15 U.S.C. § 9021(a)(4)
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    (4) The term “Secretary” means the Secretary of Labor.
  • 15 U.S.C. § 9021(b)
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    (b) Subject to subsection (c), the Secretary shall provide to any covered individual unemployment benefit assistance while such individual is unemployed, partially unemployed, or unable to work for the weeks of such unemployment with respect to which the individual is not entitled to any other unemployment compensation (as that term is defined in section 85(b) of title 26) or waiting period credit.
  • 15 U.S.C. § 9021(c)(3)
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    (3) The Secretary shall establish a process for making assistance under this section available for weeks beginning on or after January 27, 2020, and before March 27, 2020.
  • 15 U.S.C. § 9021(f)(1)
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    (1) The Secretary shall provide the assistance authorized under subsection (b) through agreements with States which, in the judgment of the Secretary, have an adequate system for administering such assistance through existing State agencies, including procedures for identity verification or validation and for timely payment, to the extent reasonable and practicable.
  • 15 U.S.C. § 9021(f)(2)(B)
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    (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary), including any administrative expenses necessary to facilitate processing of applications for assistance under this section online or by telephone rather than in-person and expenses related to identity verification or validation and timely and accurate payment.
  • 15 U.S.C. § 9021(f)(3)
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    (3) Sums payable to any State by reason of such State’s having an agreement under this subsection shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this subsection for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9021(g)(1)(B)
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    (B) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the extended unemployment compensation account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.
  • 15 U.S.C. § 9021(g)(2)(B)
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    (B) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.
  • 15 U.S.C. § 9021(g)(3)
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    (3) The Secretary of Labor shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under paragraphs (1) and (2).
  • 15 U.S.C. § 9022
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    The Secretary of Labor may issue clarifying guidance to allow States to interpret their State unemployment compensation laws in a manner that would provide maximum flexibility to reimbursing employers as it relates to timely payment and assessment of penalties and interest pursuant to such State laws.
  • 15 U.S.C. § 9023(a)
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    (a) Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (in this section referred to as the “Secretary”). Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
  • 15 U.S.C. § 9023(c)(1)
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    (1) An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the method governing the computation of regular compensation under the State law of that State has been modified in a manner such that the number of weeks (the maximum benefit entitlement), or the average weekly benefit amount, of regular compensation which will be payable during the period of the agreement (determined disregarding any Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation) will be less than the number of weeks, or the average weekly benefit amount, of the average weekly benefit amount of regular compensation which would otherwise have been payable during such period under the State law, as in effect on January 1, 2020.
  • 15 U.S.C. § 9023(d)(1)(A)(ii)
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    (ii) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
  • 15 U.S.C. § 9023(d)(1)(B)
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    (B) Sums payable to any State by reason of such State’s having an agreement under this section shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9023(d)(2)
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    (2) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section.
  • 15 U.S.C. § 9023(i)(2)(B)
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    (B) regular compensation (as defined by section 85(b) of title 26) provided under any program administered by a State under an agreement with the Secretary;
  • 15 U.S.C. § 9024(a)
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    (a) Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (in this section referred to as the “Secretary”). Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
  • 15 U.S.C. § 9024(b)
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    (b) A State is eligible to enter into an agreement under this section if the State law (including a waiver of State law) provides that compensation is paid to individuals for their first week of regular unemployment without a waiting week. An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the State law no longer meets the requirement under the preceding sentence.
  • 15 U.S.C. § 9024(c)(1)(B)
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    (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
  • 15 U.S.C. § 9024(c)(2)
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    (2) Sums payable to any State by reason of such State’s having an agreement under this section shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9024(d)(1)(B)
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    (B) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the Federal unemployment account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.
  • 15 U.S.C. § 9024(d)(2)(B)
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    (B) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.
  • 15 U.S.C. § 9024(d)(3)
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    (3) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section.
  • 15 U.S.C. § 9025(a)(1)
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    (1) Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (in this section referred to as the “Secretary”). Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
  • 15 U.S.C. § 9025(a)(4)(B)
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    (B) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof (including terms and conditions relating to availability for work, active search for work, and refusal to accept work) shall apply to claims for pandemic emergency unemployment compensation and the payment thereof, except where otherwise inconsistent with the provisions of this section or with the regulations or operating instructions of the Secretary promulgated to carry out this section;
  • 15 U.S.C. § 9025(a)(5)(A)
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    (A) Subject to subparagraph (B), an agreement under this section shall apply with respect to a State only upon a determination by the Secretary that, under the State law or other applicable rules of such State, the payment of extended compensation for which an individual is otherwise eligible must be deferred until after the payment of any pandemic emergency unemployment compensation under subsection (b) for which the individual is concurrently eligible.
  • 15 U.S.C. § 9025(a)(6)(A)
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    (A) An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the method governing the computation of regular compensation under the State law of that State has been modified in a manner such that the number of weeks (the maximum benefit entitlement), or the average weekly benefit amount, of regular compensation which will be payable during the period of the agreement will be less than the number of weeks, or the average weekly benefit amount, of the average weekly benefit amount of regular compensation which would otherwise have been payable during such period under the State law, as in effect on January 1, 2020.
  • 15 U.S.C. § 9025(c)(3)
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    (3) Sums payable to any State by reason of such State having an agreement under this section shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9025(d)(1)(B)
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    (B) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the extended unemployment compensation account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.
  • 15 U.S.C. § 9025(d)(2)(B)
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    (B) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account such sums as the Secretary of Labor estimates to be necessary to make payments described in subparagraph (A). There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid.
  • 15 U.S.C. § 9025(d)(3)
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    (3) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this subsection. The Secretary of the Treasury, prior to audit or settlement by the Government Accountability Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as so established) to the account of such State in the Unemployment Trust Fund (as so established).
  • 15 U.S.C. § 9026(a)(2)
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    (2) Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9026(d)(2)
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    (2) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section.
  • 15 U.S.C. § 9026(e)(1)
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    (1) The term “Secretary” means the Secretary of Labor.
  • 15 U.S.C. § 9027(a)(1)
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    (1) Any State which desires to do so may enter into, and participate in, an agreement under this section with the Secretary provided that such State’s law does not provide for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of title 26).
  • 15 U.S.C. § 9027(a)(2)
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    (2) Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
  • 15 U.S.C. § 9027(c)(1)(B)
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    (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
  • 15 U.S.C. § 9027(c)(2)
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    (2) Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9027(c)(4)
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    (4) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section.
  • 15 U.S.C. § 9027(f)(1)
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    (1) The term “Secretary” means the Secretary of Labor.
  • 15 U.S.C. § 9028(a)(1)
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    (1) The Secretary shall award grants to States that enact short-time compensation programs (as defined in subsection (i)(2)) for the purpose of implementation or improved administration of such programs.
  • 15 U.S.C. § 9028(a)(2)
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    (2) The Secretary shall award grants to States that are eligible and submit plans for a grant under paragraph (1) for such States to promote and enroll employers in short-time compensation programs (as so defined).
  • 15 U.S.C. § 9028(a)(3)(A)
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    (A) The Secretary shall determine eligibility criteria for the grants under paragraphs (1) and (2).
  • 15 U.S.C. § 9028(b)(1)
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    (1) The maximum amount available for making grants to a State under paragraphs (1) and (2) shall be equal to the amount obtained by multiplying $100,000,000 (less the amount used by the Secretary under subsection (e)) by the same ratio as would apply under subsection (a)(2)(B) of section 1103 of title 42 for purposes of determining such State’s share of any excess amount (as described in subsection (a)(1) of such section) that would have been subject to transfer to State accounts, as of October 1, 2019, under the provisions of subsection (a) of such section.
  • 15 U.S.C. § 9028(c)(1)
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    (1) Any State seeking a grant under paragraph (1) or (2) of subsection (a) shall submit an application to the Secretary at such time, in such manner, and complete with such information as the Secretary may require. In no case may the Secretary award a grant under this section with respect to an application that is submitted after December 31, 2023.
  • 15 U.S.C. § 9028(c)(2)
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    (2) The Secretary shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary’s findings with respect to the requirements for a grant under paragraph (1) or (2) (or both) of subsection (a).
  • 15 U.S.C. § 9028(c)(3)
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    (3) If the Secretary finds that the State law provisions meet the requirements for a grant under subsection (a), the Secretary shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the grant payment to be transferred to the State account in the Unemployment Trust Fund (as established in section 1104(a) of title 42) pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer to the State account within 7 days after receiving such certification.
  • 15 U.S.C. § 9028(e)
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    (e) The Secretary is authorized to use 0.25 percent of the funds available under subsection (g) to provide for outreach and to share best practices with respect to this section and short-time compensation programs.
  • 15 U.S.C. § 9028(f)
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    (f) The Secretary shall establish a process under which the Secretary shall recoup the amount of any grant awarded under paragraph (1) or (2) of subsection (a) if the Secretary determines that, during the 5-year period beginning on the first date that any such grant is awarded to the State, the State—
    (1) terminated the State’s short-time compensation program; or
    (2) failed to meet appropriate requirements with respect to such program (as established by the Secretary).
  • 15 U.S.C. § 9028(f)(2)
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    (2) failed to meet appropriate requirements with respect to such program (as established by the Secretary).
  • 15 U.S.C. § 9028(g)
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    (g) There are appropriated, out of moneys in the Treasury not otherwise appropriated, to the Secretary, $100,000,000 to carry out this section, to remain available without fiscal year limitation.
  • 15 U.S.C. § 9028(h)
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    (h) The Secretary may establish reporting requirements for States receiving a grant under this section in order to provide oversight of grant funds.
  • 15 U.S.C. § 9028(i)(1)
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    (1) The term “Secretary” means the Secretary of Labor.
  • 15 U.S.C. § 9029(a)
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    (a) In order to assist States in establishing, qualifying, and implementing short-time compensation programs (as defined in section 3306(v) of title 26), the Secretary of Labor (in this section referred to as the “Secretary”) shall—
    (1) develop model legislative language, or disseminate existing model legislative language, which may be used by States in developing and enacting such programs, and periodically review and revise such model legislative language;
    (2) provide technical assistance and guidance in developing, enacting, and implementing such programs; and
    (3) establish reporting requirements for States, including reporting on—
    (A) the number of estimated averted layoffs;
    (B) the number of participating employers and workers; and
    (C) such other items as the Secretary of Labor determines are appropriate.
  • 15 U.S.C. § 9029(a)(3)(C)
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    (C) such other items as the Secretary of Labor determines are appropriate.
  • 15 U.S.C. § 9029(c)
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    (c) In developing the model legislative language and guidance under subsection (a), and in order to meet the requirements of subsection (b), the Secretary shall consult with employers, labor organizations, State workforce agencies, and other program experts. Existing model legislative language that has been developed through such a consultative process shall be deemed to meet the consultation requirement of this subsection.
  • 15 U.S.C. § 9032(b)
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    (b) Notwithstanding any other provision of law, the Secretary of Labor may issue any operating instructions or other guidance necessary to carry out the provisions of, or the amendments made by, this subtitle.
  • 15 U.S.C. § 9034(a)
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    (a) In addition to amounts otherwise available, there is appropriated to the Secretary of Labor for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until expended, to detect and prevent fraud, promote equitable access, and ensure the timely payment of benefits with respect to unemployment compensation programs, including programs extended under subtitle A of title IX of the American Rescue Plan Act of 2021.
  • 15 U.S.C. § 9034(c)
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    (c) As a condition of receiving a grant under subsection (b)(3), the Secretary may require that a State or territory receiving such a grant shall—
    (1) use such program integrity tools as the Secretary may specify; and
    (2) as directed by the Secretary, conduct user accessibility testing on any new system developed by the Secretary pursuant to subsection (b)(2).
  • 15 U.S.C. § 9034(c)(1)
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    (1) use such program integrity tools as the Secretary may specify; and
  • 15 U.S.C. § 9034(c)(2)
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    (2) as directed by the Secretary, conduct user accessibility testing on any new system developed by the Secretary pursuant to subsection (b)(2).
  • 15 U.S.C. § 9042(a)
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    (a) Notwithstanding any other provision of law, to provide liquidity to eligible businesses, States, and municipalities related to losses incurred as a result of coronavirus, the Secretary is authorized to make loans, loan guarantees, and other investments in support of eligible businesses, States, and municipalities that do not, in the aggregate, exceed $0 and provide the subsidy amounts necessary for such loans, loan guarantees, and other investments in accordance with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
  • 15 U.S.C. § 9042(c)(1)(A)
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    (A) A loan, loan guarantee, or other investment by the Secretary shall be made under this section in such form and on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate. Any loans made by the Secretary under this section shall be at a rate determined by the Secretary based on the risk and the current average yield on outstanding marketable obligations of the United States of comparable maturity.
  • 15 U.S.C. § 9042(c)(1)(B)
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    (B) As soon as practicable, but in no case later than 10 days after March 27, 2020, the Secretary shall publish procedures for application and minimum requirements, which may be supplemented by the Secretary in the Secretary’s discretion, for making loans, loan guarantees, or other investments under paragraphs (1), (2) and (3) of subsection (b) .
  • 15 U.S.C. § 9042(c)(2)
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    (2) The Secretary may enter into agreements to make loans or loan guarantees to 1 or more eligible businesses under paragraphs (1), (2) and (3) of subsection (b) if the Secretary determines that, in the Secretary’s discretion—
    (A) the applicant is an eligible business for which credit is not reasonably available at the time of the transaction;
    (B) the intended obligation by the applicant is prudently incurred;
    (C) the loan or loan guarantee is sufficiently secured or is made at a rate that—
    (i) reflects the risk of the loan or loan guarantee; and
    (ii) is to the extent practicable, not less than an interest rate based on market conditions for comparable obligations prevalent prior to the outbreak of the coronavirus disease 2019 (COVID–19);
    (D) the duration of the loan or loan guarantee is as short as practicable and in any case not longer than 5 years;
    (E) the agreement provides that, until the date 12 months after the date the loan or loan guarantee is no longer outstanding, neither the eligible business nor any affiliate of the eligible business may purchase an equity security that is listed on a national securities exchange of the eligible business or any parent company of the eligible business, except to the extent required under a contractual obligation in effect as of March 27, 2020;
    (F) the agreement provides that, until the date 12 months after the date the loan or loan guarantee is no longer outstanding, the eligible business shall not pay dividends or make other capital distributions with respect to the common stock of the eligible business;
    (G) the agreement provides that, until September 30, 2020, the eligible business shall maintain its employment levels as of March 24, 2020, to the extent practicable, and in any case shall not reduce its employment levels by more than 10 percent from the levels on such date;
    (H) the agreement includes a certification by the eligible business that it is created or organized in the United States or under the laws of the United States and has significant operations in and a majority of its employees based in the United States; and
    (I) for purposes of a loan or loan guarantee under paragraphs (1), (2), and (3) of subsection (b), the eligible business must have incurred or is expected to incur covered losses such that the continued operations of the business are jeopardized, as determined by the Secretary.
  • 15 U.S.C. § 9042(c)(2)(I)
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    (I) for purposes of a loan or loan guarantee under paragraphs (1), (2), and (3) of subsection (b), the eligible business must have incurred or is expected to incur covered losses such that the continued operations of the business are jeopardized, as determined by the Secretary.
  • 15 U.S.C. § 9042(c)(3)(A)(ii)
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    (ii) The Secretary may make a loan, loan guarantee, or other investment under subsection (b)(4) as part of a program or facility that provides direct loans only if the applicable eligible businesses agree—
    (I) until the date 12 months after the date on which the direct loan is no longer outstanding, not to repurchase an equity security that is listed on a national securities exchange of the eligible business or any parent company of the eligible business while the direct loan is outstanding, except to the extent required under a contractual obligation that is in effect as of March 27, 2020;
    (II) until the date 12 months after the date on which the direct loan is no longer outstanding, not to pay dividends or make other capital distributions with respect to the common stock of the eligible business; and
    (III) to comply with the limitations on compensation set forth in section 9043 of this title.
  • 15 U.S.C. § 9042(c)(3)(A)(iii)
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    (iii) The Secretary may waive the requirement under clause (ii) with respect to any program or facility upon a determination that such waiver is necessary to protect the interests of the Federal Government. If the Secretary exercises a waiver under this clause, the Secretary shall make himself available to testify before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives regarding the reasons for the waiver.
  • 15 U.S.C. § 9042(c)(3)(C)
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    (C) A program or facility in which the Secretary makes a loan, loan guarantee, or other investment under subsection (b)(4) shall only purchase obligations or other interests (other than securities that are based on an index or that are based on a diversified pool of securities) from, or make loans or other advances to, businesses that are created or organized in the United States or under the laws of the United States and that have significant operations in and a majority of its employees based in the United States.
  • 15 U.S.C. § 9042(c)(3)(D)(i)
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    (i) Without limiting the terms and conditions of the programs and facilities that the Secretary may otherwise provide financial assistance to under subsection (b)(4), the Secretary shall endeavor to seek the implementation of a program or facility described in subsection (b)(4) that provides financing to banks and other lenders that make direct loans to eligible businesses including, to the extent practicable, nonprofit organizations, with between 500 and 10,000 employees, with such direct loans being subject to an annualized interest rate that is not higher than 2 percent per annum. For the first 6 months after any such direct loan is made, or for such longer period as the Secretary may determine in his discretion, no principal or interest shall be due and payable. Any eligible borrower applying for a direct loan under this program shall make a good-faith certification that—
    (I) the uncertainty of economic conditions as of the date of the application makes necessary the loan request to support the ongoing operations of the recipient;
    (II) the funds it receives will be used to retain at least 90 percent of the recipient’s workforce, at full compensation and benefits, until September 30, 2020;
    (III) the recipient intends to restore not less than 90 percent of the workforce of the recipient that existed as of February 1, 2020, and to restore all compensation and benefits to the workers of the recipient no later than 4 months after the termination date of the public health emergency declared by the Secretary of Health and Human Services on January 31, 2020, under section 247d of title 42 in response to COVID–19;
    (IV) the recipient is an entity or business that is domiciled in the United States with significant operations and employees located in the United States;
    (V) the recipient is not a debtor in a bankruptcy proceeding;
    (VI) the recipient is created or organized in the United States or under the laws of the United States and has significant operations in and a majority of its employees based in the United States;
    (VII) the recipient will not pay dividends with respect to the common stock of the eligible business, or repurchase an equity security that is listed on a national securities exchange of the recipient or any parent company of the recipient while the direct loan is outstanding, except to the extent required under a contractual obligation that is in effect as of March 27, 2020;
    (VIII) the recipient will not outsource or offshore jobs for the term of the loan and 2 years after completing repayment of the loan;
    (IX) the recipient will not abrogate existing collective bargaining agreements for the term of the loan and 2 years after completing repayment of the loan; and
    (X) that the recipient will remain neutral in any union organizing effort for the term of the loan.
  • 15 U.S.C. § 9042(c)(3)(D)(i)(III)
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    (III) the recipient intends to restore not less than 90 percent of the workforce of the recipient that existed as of February 1, 2020, and to restore all compensation and benefits to the workers of the recipient no later than 4 months after the termination date of the public health emergency declared by the Secretary of Health and Human Services on January 31, 2020, under section 247d of title 42 in response to COVID–19;
  • 15 U.S.C. § 9042(c)(3)(D)(ii)
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    (ii) Nothing in this subparagraph shall limit the discretion of the Board of Governors of the Federal Reserve System to establish a Main Street Lending Program or other similar program or facility that supports lending to small and mid-sized businesses on such terms and conditions as the Board may set consistent with section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)), including any such program in which the Secretary makes a loan, loan guarantee, or other investment under subsection (b)(4).
  • 15 U.S.C. § 9042(c)(3)(E)
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    (E) The Secretary shall endeavor to seek the implementation of a program or facility in accordance with subsection (b)(4) that provides liquidity to the financial system that supports lending to States and municipalities.
  • 15 U.S.C. § 9042(d)(1)
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    (1) The Secretary may not issue a loan to, or a loan guarantee for, an eligible business under paragraph (1), (2), or (3) of subsection (b) unless—
    (i) the eligible business has issued securities that are traded on a national securities exchange; and
    (ii) the Secretary receives a warrant or equity interest in the eligible business; or
    (B) in the case of any eligible business other than an eligible business described in subparagraph (A), the Secretary receives, in the discretion of the Secretary—
    (i) a warrant or equity interest in the eligible business; or
    (ii) a senior debt instrument issued by the eligible business.
  • 15 U.S.C. § 9042(d)(1)(A)(ii)
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    (ii) the Secretary receives a warrant or equity interest in the eligible business; or
  • 15 U.S.C. § 9042(d)(1)(B)
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    (B) in the case of any eligible business other than an eligible business described in subparagraph (A), the Secretary receives, in the discretion of the Secretary—
    (i) a warrant or equity interest in the eligible business; or
    (ii) a senior debt instrument issued by the eligible business.
  • 15 U.S.C. § 9042(d)(2)
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    (2) The terms and conditions of any warrant, equity interest, or senior debt instrument received under paragraph (1) shall be set by the Secretary and shall meet the following requirements:
    (A) Such terms and conditions shall be designed to provide for a reasonable participation by the Secretary, for the benefit of taxpayers, in equity appreciation in the case of a warrant or other equity interest, or a reasonable interest rate premium, in the case of a debt instrument.
    (B) For the primary benefit of taxpayers, the Secretary may sell, exercise, or surrender a warrant or any senior debt instrument received under this subsection. The Secretary shall not exercise voting power with respect to any shares of common stock acquired under this section.
    (C) If the Secretary determines that the eligible business cannot feasibly issue warrants or other equity interests as required by this subsection, the Secretary may accept a senior debt instrument in an amount and on such terms as the Secretary deems appropriate.
  • 15 U.S.C. § 9042(d)(2)(A)
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    (A) Such terms and conditions shall be designed to provide for a reasonable participation by the Secretary, for the benefit of taxpayers, in equity appreciation in the case of a warrant or other equity interest, or a reasonable interest rate premium, in the case of a debt instrument.
  • 15 U.S.C. § 9042(d)(2)(B)
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    (B) For the primary benefit of taxpayers, the Secretary may sell, exercise, or surrender a warrant or any senior debt instrument received under this subsection. The Secretary shall not exercise voting power with respect to any shares of common stock acquired under this section.
  • 15 U.S.C. § 9042(d)(2)(C)
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    (C) If the Secretary determines that the eligible business cannot feasibly issue warrants or other equity interests as required by this subsection, the Secretary may accept a senior debt instrument in an amount and on such terms as the Secretary deems appropriate.
  • 15 U.S.C. § 9042(f)
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    (f) Notwithstanding any other provision of law, the Secretary may use not greater than 61,000,0001 of the funds made available under section 9061 of this title to pay costs and administrative expenses associated with the loans, loan guarantees, and other investments authorized under this section. The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this part, including, without limitation—
    (1) using direct hiring authority to hire employees to administer this part;
    (2) entering into contracts, including contracts for services authorized by this part;
    (3) establishing vehicles that are authorized, subject to supervision by the Secretary, to purchase, hold, and sell assets and issue obligations; and
    (4) issuing such regulations and other guidance as may be necessary or appropriate to carry out the authorities or purposes of this part.
  • 15 U.S.C. § 9042(f)(3)
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    (3) establishing vehicles that are authorized, subject to supervision by the Secretary, to purchase, hold, and sell assets and issue obligations; and
  • 15 U.S.C. § 9042(g)
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    (g) The Secretary is authorized to designate financial institutions, including but not limited to, depositories, brokers, dealers, and other institutions, as financial agents of the United States. Such institutions shall—
    (1) perform all reasonable duties the Secretary determines necessary to respond to the coronavirus; and
    (2) be paid for such duties using appropriations available to the Secretary to reimburse financial institutions in their capacity as financial agents of the United States.
  • 15 U.S.C. § 9042(g)(1)
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    (1) perform all reasonable duties the Secretary determines necessary to respond to the coronavirus; and
  • 15 U.S.C. § 9042(g)(2)
    Go to provision →
    (2) be paid for such duties using appropriations available to the Secretary to reimburse financial institutions in their capacity as financial agents of the United States.
  • 15 U.S.C. § 9042(h)(2)
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    (2) The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or guidance as may be necessary or appropriate to carry out the purposes of this section, including guidance providing that the acquisition of warrants, stock options, common or preferred stock or other equity under this section does not result in an ownership change for purposes of section 382 of the Internal Revenue Code of 1986 [26 U.S.C. 382].
  • 15 U.S.C. § 9043(a)
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    (a) The Secretary may only enter into an agreement with an eligible business to make a loan or loan guarantee under paragraph (1), (2) or (3) of section 9042(b) of this title if such agreement provides that, during the period beginning on the date on which the agreement is executed and ending on the date that is 1 year after the date on which the loan or loan guarantee is no longer outstanding—
    (1) no officer or employee of the eligible business whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to March 1, 2020)—
    (A) will receive from the eligible business total compensation which exceeds, during any 12 consecutive months of such period, the total compensation received by the officer or employee from the eligible business in calendar year 2019; or
    (B) will receive from the eligible business severance pay or other benefits upon termination of employment with the eligible business which exceeds twice the maximum total compensation received by the officer or employee from the eligible business in calendar year 2019; and
    (2) no officer or employee of the eligible business whose total compensation exceeded $3,000,000 in calendar year 2019 may receive during any 12 consecutive months of such period total compensation in excess of the sum of—
    (A) $3,000,000; and
    (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.
  • 15 U.S.C. § 9044
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    The Secretary of Transportation is authorized to require, to the extent reasonable and practicable, an air carrier receiving loans and loan guarantees under section 9042 of this title to maintain scheduled air transportation service as the Secretary of Transportation deems necessary to ensure services to any point served by that carrier before March 1, 2020. When considering whether to exercise the authority granted by this section, 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 and pharmaceutical supply chains, including for medical devices and supplies. The authority under this section, including any requirement issued by the Secretary under this section, shall terminate on March 1, 2022.
  • 15 U.S.C. § 9045
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    In implementing this part with respect to air carriers, the Secretary shall coordinate with the Secretary of Transportation.
  • 15 U.S.C. § 9049(b)
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    (b) During the covered period, the Secretary of Housing and Urban Development, the Securities and Exchange Commission, and the Commodity Futures Trading Commission may, without regard to sections 3309 through 3318 of title 5, recruit and appoint candidates to fill temporary and term appointments within their respective agencies upon a determination that those expedited procedures are necessary and appropriate to enable the respective agencies to prevent, prepare for, or respond to COVID–19.
  • 15 U.S.C. § 9053(c)(1)
    Go to provision →
    (1) It shall be the duty of the Special Inspector General to, in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.),1 conduct, supervise, and coordinate audits and investigations of the making, purchase, management, and sale of loans, loan guarantees, and other investments made by the Secretary of the Treasury under any program established by the Secretary under this Act, and the management by the Secretary of any program established under this Act, including by collecting and summarizing the following information:
    (A) A description of the categories of the loans, loan guarantees, and other investments made by the Secretary.
    (B) A listing of the eligible businesses receiving loan, loan guarantees, and other investments made under each category described in subparagraph (A).
    (C) An explanation of the reasons the Secretary determined it to be appropriate to make each loan or loan guarantee under this Act, including a justification of the price paid for, and other financial terms associated with, the applicable transaction.
    (D) A listing of, and detailed biographical information with respect to, each person hired to manage or service each loan, loan guarantee, or other investment made under section 9042 of this title.
    (E) A current, as of the date on which the information is collected, estimate of the total amount of each loan, loan guarantee, and other investment made under this Act that is outstanding, the amount of interest and fees accrued and received with respect to each loan or loan guarantee, the total amount of matured loans, the type and amount of collateral, if any, and any losses or gains, if any, recorded or accrued for each loan, loan guarantee, or other investment.
  • 15 U.S.C. § 9053(c)(1)(A)
    Go to provision →
    (A) A description of the categories of the loans, loan guarantees, and other investments made by the Secretary.
  • 15 U.S.C. § 9053(c)(1)(C)
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    (C) An explanation of the reasons the Secretary determined it to be appropriate to make each loan or loan guarantee under this Act, including a justification of the price paid for, and other financial terms associated with, the applicable transaction.
  • 15 U.S.C. § 9053(f)(1)(B)
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    (B) Each report submitted under subparagraph (A) shall include, for the period covered by the report, a detailed statement of all loans, loan guarantees, other transactions, obligations, expenditures, and revenues associated with any program established by the Secretary under section 9042 of this title, as well as the information collected under subsection (c)(1).
  • 15 U.S.C. § 9053(g)(1)
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    (1) Of the amounts made available to the Secretary under section 9061 of this title, $25,000,000 shall be made available to the Special Inspector General to carry out this section.
  • 15 U.S.C. § 9053(j)
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    (j) The Secretary shall—
    (1) take action to address deficiencies identified by a report or investigation of the Special Inspector General; or
    (2) with respect to a deficiency identified under paragraph (1), certify to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Finance of the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Ways and Means of the House of Representatives that no action is necessary or appropriate.
  • 15 U.S.C. § 9054(c)
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    (c) The principal executive officer and the principal financial officer, or individuals performing similar functions, of an entity seeking to enter a transaction under section 9042 of this title shall, before that transaction is approved, certify to the Secretary and the Board of Governors of the Federal Reserve System that the entity is eligible to engage in that transaction, including that the entity is not a covered entity.
  • 15 U.S.C. § 9055(b)(2)(A)(i)
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    (i) The use by the Secretary and the Board of Governors of the Federal Reserve System of authority under this part, including with respect to the use of contracting authority and administration of the provisions of this part.
  • 15 U.S.C. § 9055(b)(2)(B)
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    (B) The reports required under this paragraph shall be submitted not later than 30 days after the first exercise by the Secretary and the Board of Governors of the Federal Reserve System of the authority under this part and every 30 days thereafter.
  • 15 U.S.C. § 9055(g)(2)
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    (2) An amount equal to the expenses of the Oversight Commission shall be promptly transferred by the Secretary and the Board of Governors of the Federal Reserve System, from time to time upon the presentment of a statement of such expenses by the Chairperson of the Oversight Commission, from funds made available to the Secretary under this part to the applicable fund of the House of Representatives and the contingent fund of the Senate, as appropriate, as reimbursement for amounts expended from such account and fund under paragraph (1).
  • 15 U.S.C. § 9057(f)(2)(B)
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    (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
  • 15 U.S.C. § 9058(a)(4)(B)
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    (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
  • 15 U.S.C. § 9058(a)(5)(B)
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    (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
  • 15 U.S.C. § 9058a(a)(2)
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    (2) Of the amount appropriated under paragraph (1), the Secretary shall reserve—
    (A) $400,000,000 of such amount for making payments under this section to the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; and
    (B) $800,000,000 of such amount for making payments under this section to eligible grantees described in subparagraphs (C) and (D) of subsection (k)(2); and
    (C) $15,000,000 for administrative expenses of the Secretary described in subsection (h).
  • 15 U.S.C. § 9058a(a)(2)(C)
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    (C) $15,000,000 for administrative expenses of the Secretary described in subsection (h).
  • 15 U.S.C. § 9058a(b)(1)(A)(v)(II)
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    (II) by substituting “local government elects to receive funds from the Secretary under section 9058a of title 15 and will use the funds in a manner consistent with such section” for “local government’s proposed uses of the funds are consistent with subsection (d)”.
  • 15 U.S.C. § 9058a(b)(2)(A)
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    (A) From the amount reserved under subsection (a)(2)(B), the Secretary shall—
    (i) pay the amount equal to 0.3 percent of such amount to the Department of Hawaiian Home Lands; and
    (ii) subject to subparagraph (B), from the remainder of such amount, allocate and pay to each Indian tribe (or, if applicable, the tribally designated housing entity of an Indian tribe) that was eligible for a grant under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.) for fiscal year 2020 an amount that bears the same proportion to the such remainder as the amount each such Indian tribe (or entity) was eligible to receive for such fiscal year from the amount appropriated under paragraph (1) under the heading “native american programs” under the heading “Public and Indian Housing” of title II of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry out the Native American Housing Block Grants program bears to the amount appropriated under such paragraph for such fiscal year, provided the Secretary shall be authorized to allocate, in an equitable manner as determined by the Secretary, and pay any Indian tribe that opted out of receiving a grant allocation under the Native American Housing Block Grants program formula in fiscal year 2020, including by establishing a minimum amount of payments to such Indian tribe, provided such Indian tribe notifies the Secretary not later than 30 days after December 27, 2020, that it intends to receive allocations and payments under this section.
  • 15 U.S.C. § 9058a(b)(2)(A)(ii)
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    (ii) subject to subparagraph (B), from the remainder of such amount, allocate and pay to each Indian tribe (or, if applicable, the tribally designated housing entity of an Indian tribe) that was eligible for a grant under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.) for fiscal year 2020 an amount that bears the same proportion to the such remainder as the amount each such Indian tribe (or entity) was eligible to receive for such fiscal year from the amount appropriated under paragraph (1) under the heading “native american programs” under the heading “Public and Indian Housing” of title II of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry out the Native American Housing Block Grants program bears to the amount appropriated under such paragraph for such fiscal year, provided the Secretary shall be authorized to allocate, in an equitable manner as determined by the Secretary, and pay any Indian tribe that opted out of receiving a grant allocation under the Native American Housing Block Grants program formula in fiscal year 2020, including by establishing a minimum amount of payments to such Indian tribe, provided such Indian tribe notifies the Secretary not later than 30 days after December 27, 2020, that it intends to receive allocations and payments under this section.
  • 15 U.S.C. § 9058a(b)(2)(B)(i)
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    (i) The Secretary shall make pro rata reductions in the amounts of the allocations determined under clause (ii) of subparagraph (A) for entities described in such clause as necessary to ensure that the total amount of payments made pursuant to such clause does not exceed the remainder amount described in such clause.
  • 15 U.S.C. § 9058a(b)(2)(B)(ii)
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    (ii) If the Secretary determines as of 30 days after December 27, 2020, that an entity described in clause (ii) of subparagraph (A) has declined to receive its full allocation under such clause then, not later than 15 days after such date, the Secretary shall redistribute, on a pro rata basis, such allocation among the other entities described in such clause that have not declined to receive their allocations.
  • 15 U.S.C. § 9058a(b)(3)(A)
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    (A) From the amount reserved under subsection (a)(2)(A), subject to subparagraph (B), the Secretary shall allocate and pay to each eligible grantee described in subparagraph (C) an amount equal to the product of—
    (i) the amount so reserved; and
    (ii) each such eligible grantee’s share of the combined total population of all such eligible grantees, as determined by the Secretary.
  • 15 U.S.C. § 9058a(b)(3)(A)(ii)
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    (ii) each such eligible grantee’s share of the combined total population of all such eligible grantees, as determined by the Secretary.
  • 15 U.S.C. § 9058a(b)(3)(B)(ii)
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    (ii) The Secretary shall reduce the amount of the allocation determined under subparagraph (A) for the eligible grantee described in clause (i) of subparagraph (C) as necessary to meet the requirement of clause (i).
  • 15 U.S.C. § 9058a(c)(2)(A)(v)
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    (v) other expenses related to housing incurred due, directly or indirectly, to the novel coronavirus disease (COVID–19) outbreak, as defined by the Secretary.
  • 15 U.S.C. § 9058a(c)(3)
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    (3) Not more than 10 percent of funds received by an eligible grantee from a payment made under this section may be used to provide eligible households with case management and other services related to the novel coronavirus disease (COVID–19) outbreak, as defined by the Secretary, intended to help keep households stably housed.
  • 15 U.S.C. § 9058a(d)
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    (d) Beginning on September 30, 2021, the Secretary shall recapture excess funds, as determined by the Secretary, not obligated by a grantee for the purposes described under subsection (c) and the Secretary shall reallocate and repay such amounts to eligible grantees who, at the time of such reallocation, have obligated at least 65 percent of the amount originally allocated and paid to such grantee under subsection (b)(1), only for the allowable uses described under subsection (c). The amount of any such reallocation shall be determined based on demonstrated need within a grantee’s jurisdiction, as determined by the Secretary.
  • 15 U.S.C. § 9058a(e)(2)
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    (2) For funds reallocated to an eligible grantee pursuant to subsection (d), an eligible grantee may request, subject to the approval of the Secretary, a 90-day extension of the deadline established in paragraph (1).
  • 15 U.S.C. § 9058a(g)(1)
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    (1) The Secretary, in consultation with the Secretary of Housing and Urban Development, shall provide public reports not less frequently than quarterly regarding the use of funds made available under this section, which shall include, with respect to each eligible grantee under this section, both for the past quarter and over the period for which such funds are available—
    (A) the number of eligible households that receive assistance from such payments;
    (B) the acceptance rate of applicants for assistance;
    (C) the type or types of assistance provided to each eligible household;
    (D) the average amount of funding provided per eligible household receiving assistance;
    (E) household income level, with such information disaggregated for households with income that—
    (i) does not exceed 30 percent of the area median income for the household;
    (ii) exceeds 30 percent but does not exceed 50 percent of the area median income for the household; and
    (iii) exceeds 50 percent but does not exceed 80 percent of area median income for the household; and
    (F) the average number of monthly rental or utility payments that were covered by the funding amount that a household received, as applicable.
  • 15 U.S.C. § 9058a(g)(3)
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    (3) The Secretary may establish alternative reporting requirements for grantees described in subsection (b)(2).
  • 15 U.S.C. § 9058a(g)(4)(B)(i)
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    (i) The Secretary—
    (I) may provide full and unredacted information provided under subparagraphs (A) through (F) of paragraph (1), including personally identifiable information, for statistical research purposes in accordance with existing law; and
    (II) may collect and make available for statistical research, at the census tract level, information collected under subparagraph (A).
  • 15 U.S.C. § 9058a(h)
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    (h) Of the funds appropriated pursuant to subsection (a), not more than $15,000,000 may be used for administrative expenses of the Secretary in administering this section, including technical assistance to grantees in order to facilitate effective use of funds provided under this section.
  • 15 U.S.C. § 9058a(k)(1)
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    (1) The term “area median income” means, with respect to a household, the median income for the area in which the household is located, as determined by the Secretary of Housing and Urban Development.
  • 15 U.S.C. § 9058a(k)(3)(C)(i)(II)
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    (II) subject to clause (ii), sufficient confirmation, as determined by the Secretary, of the household’s monthly income at the time of application for such assistance.
  • 15 U.S.C. § 9058a(k)(5)
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    (5) The term “Secretary” means the Secretary of the Treasury.
  • 15 U.S.C. § 9058b(a)
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    (a) In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services (in this section referred to as the “Secretary”) for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $500,000,000, to remain available until expended, for grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services, by providing funds to owners or operators of public water systems or treatment works to reduce arrearages of and rates charged to such households for such services.
  • 15 U.S.C. § 9058b(b)
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    (b) The Secretary shall—
    (1) allot amounts appropriated in this section to a State or Indian Tribe based on—
    (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, with income equal or less than 150 percent of the Federal poverty line; and
    (B) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of monthly income on housing; and
    (2) reserve up to 3 percent of the amount appropriated in this section for Indian Tribes and tribal organizations.
  • 15 U.S.C. § 9058c(a)(1)
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    (1) In addition to amounts otherwise available, there is appropriated to the Secretary of the Treasury for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $21,550,000,000, to remain available until September 30, 2027, for making payments to eligible grantees under this section—
  • 15 U.S.C. § 9058c(a)(2)
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    (2) Of the amount appropriated under paragraph (1), the Secretary shall reserve—
    (A) $305,000,000 for making payments under this section to the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa;
    (B) $30,000,000 for costs of the Secretary for the administration of emergency rental assistance programs and technical assistance to recipients of any grants made by the Secretary to provide financial and other assistance to renters;
    (C) $3,000,000 for administrative expenses of the Inspector General relating to oversight of funds provided in this section; and
    (D) $2,500,000,000 for payments to high-need grantees as provided in this section.
  • 15 U.S.C. § 9058c(a)(2)(B)
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    (B) $30,000,000 for costs of the Secretary for the administration of emergency rental assistance programs and technical assistance to recipients of any grants made by the Secretary to provide financial and other assistance to renters;
  • 15 U.S.C. § 9058c(b)(1)(A)(v)
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    (v) in subclause (II) of such section 9058a(b)(1)(A)(v) of this title, by substituting “local government elects to receive funds from the Secretary under section 9058c of title 15 and will use the funds in a manner consistent with such section” for “local government elects to receive funds from the Secretary under section 9058a of title 15 and will use the funds in a manner consistent with such section”.
  • 15 U.S.C. § 9058c(b)(1)(B)
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    (B) The Secretary shall make pro rata adjustments in the amounts of the allocations determined under subparagraph (A) of this paragraph for entities described in such subparagraph as necessary to ensure that the total amount of allocations made pursuant to such subparagraph does not exceed the remainder appropriated amount described in such subparagraph.
  • 15 U.S.C. § 9058c(b)(3)
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    (3) The Secretary shall allocate funds reserved under subsection (a)(2)(D) to eligible grantees with a high need for assistance under this section, with the number of very low-income renter households paying more than 50 percent of income on rent or living in substandard or overcrowded conditions, rental market costs, and change in employment since February 2020 used as the factors for allocating funds.
  • 15 U.S.C. § 9058c(c)(1)
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    (1) The Secretary shall pay all eligible grantees not less than 40 percent of each such eligible grantee’s total allocation provided under subsection (b) within 60 days of March 11, 2021.
  • 15 U.S.C. § 9058c(c)(2)
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    (2) The Secretary shall pay to eligible grantees additional amounts in tranches up to the full amount of each such eligible grantee’s total allocation in accordance with a procedure established by the Secretary, provided that any such procedure established by the Secretary shall require that an eligible grantee must have obligated not less than 75 percent of the funds already disbursed by the Secretary pursuant to this section prior to disbursement of additional amounts.
  • 15 U.S.C. § 9058c(d)(1)(A)(i)(V)
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    (V) other expenses related to housing, as defined by the Secretary.
  • 15 U.S.C. § 9058c(d)(1)(D)(i)
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    (i) such other purposes are affordable rental housing and eviction prevention purposes, as defined by the Secretary, serving very low-income families (as such term is defined in section 1437a(b) of title 42); and
  • 15 U.S.C. § 9058c(e)(1)
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    (1) Beginning March 31, 2022, the Secretary shall reallocate funds allocated to eligible grantees in accordance with subsection (b) but not yet paid in accordance with subsection (c)(2) according to a procedure established by the Secretary.
  • 15 U.S.C. § 9058c(e)(2)
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    (2) The Secretary shall require an eligible grantee to have obligated 50 percent of the total amount of funds allocated to such eligible grantee under subsection (b) to be eligible to receive funds reallocated under paragraph (1) of this subsection.
  • 15 U.S.C. § 9058c(e)(3)
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    (3) The Secretary shall pay to each eligible grantee eligible for a payment of reallocated funds described in paragraph (2) of this subsection the amount allocated to such eligible grantee in accordance with the procedure established by the Secretary in accordance with paragraph (1) of this subsection.
  • 15 U.S.C. § 9058c(f)(4)
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    (4) The term “Secretary” means the Secretary of the Treasury.
  • 15 U.S.C. § 9058d(a)
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    (a) In addition to amounts otherwise available, there is appropriated to the Secretary of the Treasury for the Homeowner Assistance Fund established under subsection (c) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $9,961,000,000, to remain available until September 30, 2025, for qualified expenses that meet the purposes specified under subsection (c) and expenses described in subsection (d)(1).
  • 15 U.S.C. § 9058d(b)(6)
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    (6) The term “Secretary” means the Secretary of the Treasury.
  • 15 U.S.C. § 9058d(c)(1)(G)
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    (G) any other assistance to promote housing stability for homeowners, including preventing mortgage delinquency, default, foreclosure, post-foreclosure eviction of a homeowner, or the loss of utility or home energy services, as determined by the Secretary.
  • 15 U.S.C. § 9058d(c)(2)
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    (2) Not less than 60 percent of amounts made to each eligible entity allocated amounts under subsection (d) or (f) shall be used for qualified expenses that assist homeowners having incomes equal to or less than 100 percent of the area median income for their household size or equal to or less than 100 percent of the median income for the United States, as determined by the Secretary of Housing and Urban Development, whichever is greater. The eligible entity shall prioritize remaining funds to socially disadvantaged individuals.
  • 15 U.S.C. § 9058d(d)(1)
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    (1) Of any amounts made available under this section, the Secretary shall reserve—
    (A) to the Department of the Treasury, an amount not to exceed $40,000,000 to administer and oversee the Fund, and to provide technical assistance to eligible entities for the creation and implementation of State and tribal programs to administer assistance from the Fund; and
    (B) to the Inspector General of the Department of the Treasury, an amount to not exceed $2,600,000 for oversight of the program under this section.
  • 15 U.S.C. § 9058d(d)(2)
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    (2) After the application of paragraphs (1), (4), and (5) of this subsection and subject to paragraph (3) of this subsection, the Secretary shall allocate the remaining funds available within the Homeowner Assistance Fund to each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico based on homeowner need, for such State relative to all States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, as of March 11, 2021, which is determined by reference to—
    (A) the average number of unemployed individuals measured over a period of time not fewer than 3 months and not more than 12 months; and
    (B) the total number of mortgagors with—
    (i) mortgage payments that are more than 30 days past due; or
    (ii) mortgages in foreclosure.
  • 15 U.S.C. § 9058d(d)(3)(B)
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    (B) The Secretary shall adjust on a pro rata basis the amount of the payments for each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico determined under this subsection without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A).
  • 15 U.S.C. § 9058d(d)(4)
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    (4) Notwithstanding any other provision of this section, of the amounts appropriated under subsection (a), the Secretary shall reserve $30,000,000 to be disbursed to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands based on each such territory’s share of the combined total population of all such territories, as determined by the Secretary. For the purposes of this paragraph, population shall be determined based on the most recent year for which data are available from the United States Census Bureau.
  • 15 U.S.C. § 9058d(d)(5)
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    (5) The Secretary shall allocate funds to any eligible entity designated under subsection (f) pursuant to the requirements of that subsection.
  • 15 U.S.C. § 9058d(e)(1)
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    (1) The Secretary shall make payments, beginning not later than 45 days after March 11, 2021, from amounts allocated under subsection (d) to eligible entities that have notified the Secretary that they request to receive payment from the Fund and that the eligible entity will use such payments in compliance with this section.
  • 15 U.S.C. § 9058d(e)(2)
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    (2) If a State does not request allocated funds by the 45th day after March 11, 2021, such State shall not be eligible for a payment from the Secretary pursuant to this section, and the Secretary shall, by the 180th day after March 11, 2021, reallocate any funds that were not requested by such State among the States that have requested funds by the 45th day after March 11, 2021. For any such reallocation of funds, the Secretary shall adhere to the requirements of subsection (d), except for paragraph (1), to the greatest extent possible, provided that the Secretary shall also take into consideration in determining such reallocation a State’s remaining need and a State’s record of using payments from the Fund to serve homeowners at disproportionate risk of mortgage default, foreclosure, or displacement, including homeowners having incomes equal to or less than 100 percent of the area median income for their household size or 100 percent of the median income for the United States, as determined by the Secretary of Housing and Urban Development, whichever is greater, and minority homeowners.
  • 15 U.S.C. § 9058d(f)(1)
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    (1) Notwithstanding any other provision of this section, of the amounts appropriated under subsection (a), the Secretary shall use 5 percent to make payments to entities that are eligible for payments under clauses (i) and (ii) of section 9058a(b)(2)(A) of this title for the purposes described in subsection (c).
  • 15 U.S.C. § 9058d(f)(2)
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    (2) The Secretary shall allocate the funds set aside under paragraph (1) using the allocation formulas described in clauses (i) and (ii) of section 9058a(b)(2)(A) of this title, and shall make payments of such amounts beginning no later than 45 days after March 11, 2021, to entities eligible for payment under clauses (i) and (ii) of section 9058a(b)(2)(A) of this title that notify the Secretary that they request to receive payments allocated from the Fund by the Secretary for purposes described under subsection (c) and will use such payments in compliance with this section.
  • 15 U.S.C. § 9059(a)
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    (a) Neither the Secretary, nor any other actor, department, or agency of the Federal Government, shall condition the issuance of a loan or loan guarantee under paragraph (1), (2), or (3) of section 9042(b) of this title on an air carrier’s or eligible business’s implementation of measures to enter into negotiations with the certified bargaining representative of a craft or class of employees of the air carrier or eligible business under the Railway 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.
  • 15 U.S.C. § 9060(a)
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    (a) Not later than 72 hours after any transaction by the Secretary under paragraph (1), (2), or (3) of section 9042(b) of this title, the Secretary shall publish on the website of the Department of the Treasury—
    (1) a plain-language description of the transaction, including the date of application, date of application approval, and identity of the counterparty;
    (2) the amount of the loan or loan guarantee;
    (3) the interest rate, conditions, and any other material or financial terms associated with the transaction, if applicable; and
    (4) a copy of the relevant and final term sheet, if applicable, and contract or other relevant documentation regarding the transaction.
  • 15 U.S.C. § 9060(b)(1)(A)
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    (A) In addition to such reports as are required under section 5302(c) of title 31, not later than 7 days after the Secretary makes any loan or loan guarantee under paragraph (1), (2), or (3) of section 9042(b) of this title, the Secretary shall submit to the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate and the Chairmen and Ranking Members of the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives a report summarizing—
    (i) an overview of actions taken by the Secretary under paragraph (1), (2) or (3) of section 9042(b) of this title during such period;
    (ii) the actual obligation, expenditure, and disbursements of the funds during such period; and
    (iii) a detailed financial statement with respect to the exercise of authority under paragraph (1), (2) or (3) of section 9042(b) of this title showing—
    (I) all loans and loan guarantees made, renewed, or restructured;
    (II) all transactions during such period, including the types of parties involved;
    (III) the nature of the assets purchased;
    (IV) a description of the vehicles established to exercise such authority; and
    (V) any or all repayment activity, delinquencies or defaults on loans and loan guarantees issued under paragraph (1), (2) or (3) of section 9042(b) of this title.
  • 15 U.S.C. § 9060(b)(1)(A)(i)
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    (i) an overview of actions taken by the Secretary under paragraph (1), (2) or (3) of section 9042(b) of this title during such period;
  • 15 U.S.C. § 9060(b)(1)(B)
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    (B) Not later than 7 days after the date on which the Secretary submits a report under subparagraph (A) to the committees of Congress described in such subparagraph, the Secretary shall publish such report on the website of the Department of the Treasury.
  • 15 U.S.C. § 9060(b)(1)(C)
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    (C) Every 30 days during such time as a loan or loan guarantee under paragraph (1), (2), or (3) of section 9042(b) of this title is outstanding, the Secretary shall publish on the website of the Department of the Treasury a report summarizing the information set forth in subparagraph (A).
  • 15 U.S.C. § 9060(c)
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    (c) The Secretary and the Chairman of the Board of Governors of the Federal Reserve System shall testify, on a semiannual basis, before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives regarding the obligations of the Department of the Treasury and the Federal Reserve System, and transactions entered into, under this Act. This subsection shall have no force or effect after December 31, 2027.
  • 15 U.S.C. § 9060(d)
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    (d) The Secretary shall post on the website of the Department of the Treasury all criteria, guidelines, eligibility requirements, and application materials for the making of any loan or loan guarantee under paragraph (1), (2), or (3) of section 9042(b) of this title.
  • 15 U.S.C. § 9060(e)
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    (e) Not later than 24 hours after the Secretary enters into a contract in connection with the administration of any loan or loan guarantee authorized to be made under paragraph (1), (2), or (3) of section 9042(b) of this title, the Secretary shall post on the website of the Department of the Treasury a copy of the contract.
  • 15 U.S.C. § 9062
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    Nothing in this part shall be construed to allow the Secretary to provide relief to eligible businesses, States, and municipalities except in the form of loans, loan guarantees, and other investments as provided in this part and under terms and conditions that are in the interest of the Federal Government.
  • 15 U.S.C. § 9063(c)(1)
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    (1) After December 31, 2020, the Board of Governors 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 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, 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, provided 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 Lending 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 participation interest in such loan.
  • 15 U.S.C. § 9063(c)(2)(A)
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    (A) shall not modify the terms and conditions 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 authorizing transfer of such funds to a new program or facility established under section 343(3) of title 12; and
  • 15 U.S.C. § 9063(c)(3)(A)
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    (A) 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.
  • 15 U.S.C. § 9063(c)(3)(B)
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    (B) The fund established under section 5302 of title 31 shall not be available for any program 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.
  • 15 U.S.C. § 9072(a)
    Go to provision →
    (a) Notwithstanding any other provision of law, to preserve aviation jobs and compensate air carrier industry workers, the Secretary shall provide financial assistance that shall exclusively 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.
  • 15 U.S.C. § 9072(b)
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    (b) 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 associated with providing financial assistance under this part.
  • 15 U.S.C. § 9073(a)
    Go to provision →
    (a) The Secretary shall provide financial assistance 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 financial 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 period from April 1, 2019, through September 30, 2019.
  • 15 U.S.C. § 9073(b)(1)(A)
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    (A) 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 provided 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 appropriate.
  • 15 U.S.C. § 9073(b)(1)(B)
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    (B) 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.
  • 15 U.S.C. § 9073(b)(2)
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    (2) Not later than 10 days after March 27, 2020, the Secretary shall make initial payments to air carriers and contractors that submit requests for financial assistance approved by to the Secretary.
  • 15 U.S.C. § 9073(b)(3)
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    (3) The Secretary shall determine an appropriate method for timely distribution of payments to air carriers and contractors with approved requests for financial assistance from any funds remaining available after providing initial financial assistance payments under paragraph (2).
  • 15 U.S.C. § 9073(c)
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    (c) The Secretary shall have the authority to reduce, on a pro rata basis, the amounts due to air carriers and contractors under the applicable paragraph of section 9072 of this title in order to address any shortfall in assistance that would otherwise be provided under such section.
  • 15 U.S.C. § 9074(a)
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    (a) To be eligible for financial assistance under this part, 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 furloughs or reducing pay rates and benefits until September 30, 2020;
    (2) through September 30, 2021, ensure that neither 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 contractor or the parent company of the air carrier or contractor that is listed on a national securities exchange;
    (3) through September 30, 2021, 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 carrier or contractor; and
    (4) meet the requirements of sections 9075 and 9076 of this title.
  • 15 U.S.C. § 9074(b)(1)
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    (1) The Secretary of Transportation is authorized to require, to the extent reasonable and practicable, an air carrier provided financial assistance under this part to maintain scheduled air transportation service, as the Secretary of Transportation deems necessary, to ensure services to any point served by that carrier before March 1, 2020.
  • 15 U.S.C. § 9074(b)(2)
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    (2) When considering whether to exercise the authority provided by this section, 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.
  • 15 U.S.C. § 9074(b)(3)
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    (3) The authority provided under this subsection shall terminate on March 1, 2022, and any requirements issued by the Secretary of Transportation under this subsection shall cease to apply after that date.
  • 15 U.S.C. § 9074(c)(2)
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    (2) Not later than April 5, 2021, each contractor described in section 9071(3)(A)(i) of this title that has received funds pursuant to such section 9072 of this title shall report to the Secretary on the amount of such funds that the contractor has expended through March 31, 2021. If the contractor has expended an amount that is less than 100 percent of the total amount of funds the contractor received under such section, the Secretary shall initiate an action to recover any funds that remain unexpended as of April 30, 2021.
  • 15 U.S.C. § 9074(d)(1)
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    (1) Subject to paragraph (2), any contractor that has unspent financial assistance provided under this part as of December 27, 2020, and conducted involuntary furloughs or reduced pay rates and benefits, between March 27, 2020, and the date on which the contractor entered into an agreement with the Secretary related to financial assistance under this part, shall recall (as defined in section 9071 of this title) employees who were involuntarily furloughed during such period by not later than January 4, 2021.
  • 15 U.S.C. § 9074(d)(2)
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    (2) The Secretary of the Treasury shall waive the requirement under paragraph (1) for a contractor to recall employees if the contractor certifies that the contractor has or will have insufficient remaining financial assistance provided under this part to keep recalled employees employed for more than two weeks upon returning to work.
  • 15 U.S.C. § 9075(a)
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    (a) Neither the Secretary, nor any other actor, department, or agency of the Federal Government, shall condition the issuance of financial assistance under this part on an air carrier’s or contractor’s implementation 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 Railway 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.
  • 15 U.S.C. § 9076(a)
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    (a) The Secretary may only provide financial assistance under this part to an air carrier or contractor 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 or contractor whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to March 27, 2020)—
    (1) will receive from the air carrier or contractor total compensation which exceeds, during any 12 consecutive months of such 2-year period, the total compensation received by the officer or employee from the air carrier or contractor in calendar year 2019;
    (2) will receive from the air carrier or contractor severance pay or other benefits upon termination of employment with the air carrier or contractor which exceeds twice the maximum total compensation 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 business whose total compensation exceeded $3,000,000 in calendar year 2019 may receive during any 12 consecutive months of such period total compensation in excess of the sum of—
    (A) $3,000,000; and
    (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.
  • 15 U.S.C. § 9077
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    The Secretary may receive warrants, options, preferred stock, debt securities, notes, or other financial instruments issued by recipients of financial assistance under this part which, in the sole determination of the Secretary, provide appropriate compensation to the Federal Government for the provision of the financial assistance.
  • 15 U.S.C. § 9078(a)
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    (a) Not later than November 1, 2020, the Secretary shall 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 Affairs of the Senate a report on the financial assistance provided to air carriers and contractors under this part, including a description of any financial assistance provided.
  • 15 U.S.C. § 9078(b)
    Go to provision →
    (b) Not later than the last day of the 1-year period following March 27, 2020, the Secretary shall update and submit to the Committee on Transportation and the Committee on Financial Services and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate the report described in subsection (a).
  • 15 U.S.C. § 9079
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    In implementing this part the Secretary shall coordinate with the Secretary of Transportation.
  • 15 U.S.C. § 9092(a)
    Go to provision →
    (a) Notwithstanding any other provision of law, to preserve aviation jobs and compensate air carrier industry workers, the Secretary shall provide financial assistance that shall exclusively 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.
  • 15 U.S.C. § 9092(b)
    Go to provision →
    (b) 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 providing financial assistance under this part.
  • 15 U.S.C. § 9093(a)
    Go to provision →
    (a) The Secretary shall provide financial assistance 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 approved to receive (without taking into account 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 assistance 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 required to transmit reports under such part 241, as of March 27, 2020, in an amount equal to—
    (A) the amount such air carrier was approved to receive (without taking into account any pro rata reduction) under section 9073 of this title, plus an additional 15 percent of such amount;
    (B) at the request of such air carrier, provided such air carrier received assistance under section 9073 of this title, 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 such air carrier was required to transmit 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 9073 of this title; or
    (C) in the event such air carrier did not receive assistance under section 9073 of this title, an amount that such an 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 such air carrier was required to transmit such information during the period from October 1, 2019, through March 31, 2020; and
    (3) to a contractor in an amount equal to—
    (A) the amount such contractor was approved to receive (without taking into account any pro rata reduction) under section 9073 of this title; or
    (B) in the event such contractor did not receive assistance under section 9073 of this title, 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 period from October 1, 2019, through March 31, 2020.
  • 15 U.S.C. § 9093(b)(1)(A)(i)
    Go to provision →
    (i) be, to the maximum extent practicable, in the same form and on the same terms and conditions (including requirements for audits and the clawback of any financial assistance provided upon failure by a passenger air carrier or contractor to honor the assurances specified in section 9094 of this title), as agreed to by the Secretary and the recipient for assistance received under section 9073 of this title, except if inconsistent with this part; or
  • 15 U.S.C. § 9093(b)(1)(A)(ii)
    Go to provision →
    (ii) in the event such a passenger air carrier or a contractor did not receive assistance under section 9073 of this title, be, to the maximum extent practicable, in the same form and on the same terms and conditions (including requirements for audits and the clawback of any financial assistance provided upon failure by a passenger air carrier or contractor to honor the assurances specified in section 9094 of this title), as agreed to by the Secretary and similarly situated recipients of assistance under section 9073 of this title.
  • 15 U.S.C. § 9093(b)(1)(B)
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    (B) The Secretary shall, to the maximum extent practicable, publish streamlined and expedited procedures not later than 5 days after December 27, 2020, for passenger air carriers and contractors to submit requests for financial assistance under this part.
  • 15 U.S.C. § 9093(b)(2)
    Go to provision →
    (2) Not later than 10 days after December 27, 2020, the Secretary shall make initial payments to passenger air carriers and contractors that submit requests for financial assistance approved by the Secretary.
  • 15 U.S.C. § 9093(b)(3)
    Go to provision →
    (3) The Secretary shall determine an appropriate method for the timely distribution of payments to passenger air carriers and contractors with approved requests for financial assistance from any funds remaining available after providing initial financial assistance payments under paragraph (2).
  • 15 U.S.C. § 9093(c)
    Go to provision →
    (c) The Secretary shall have the authority to reduce, on a pro rata basis, the amounts due to passenger air carriers and contractors under subsection (a) in order to address any shortfall in assistance that would otherwise be provided under such subsection.
  • 15 U.S.C. § 9094(a)
    Go to provision →
    (a) To be eligible for financial assistance under this part, a passenger air carrier or a contractor shall enter into an agreement with the Secretary, or otherwise certify in such form and manner as the Secretary shall prescribe, that the passenger air carrier or contractor shall—
    (1) refrain from conducting involuntary furloughs or reducing pay rates and benefits until—
    (A) with respect to passenger air carriers, March 31, 2021; or
    (B) with respect to contractors, March 31, 2021, or the date on which the contractor expends such financial assistance, whichever is later;
    (2) ensure that neither the passenger air carrier or contractor nor any affiliate of the passenger air carrier or contractor may, in any transaction, purchase an equity security of the passenger air carrier or contractor or the parent company of the passenger air carrier or contractor that is listed on a national securities exchange through—
    (A) with respect to passenger air carriers, March 31, 2022; or
    (B) with respect to contractors, March 31, 2022, or the date on which the contractor expends such financial assistance, whichever is later;
    (3) ensure that the passenger air carrier or contractor shall not pay dividends, or make other capital distributions, with respect to common stock (or equivalent interest) of the air carrier or contractor through—
    (A) with respect to passenger air carriers, March 31, 2022; or
    (B) with respect to contractors, March 31, 2022, or the date on which the contractor expends such financial assistance, whichever is later; and
    (4) meet the requirements of sections 9095 and 9096 of this title.
  • 15 U.S.C. § 9094(b)(1)(A)
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    (A) recall (as defined in section 9091 of this title), not later than 72 hours after executing such agreement or certification, any employees involuntarily furloughed by such passenger air carrier or contractor between October 1, 2020, and the date such passenger air carrier or contractor enters into an agreement with the Secretary with respect to financial assistance under this part;
  • 15 U.S.C. § 9094(b)(1)(B)(i)
    Go to provision →
    (i) in the case of a passenger air carrier, December 1, 2020, and the date on which such passenger air carrier enters into an agreement with the Secretary with respect to financial assistance under this part; or
  • 15 U.S.C. § 9094(b)(1)(B)(ii)
    Go to provision →
    (ii) in the case of a contractor, December 27, 2020, and the date on which such contractor enters into an agreement with the Secretary with respect to financial assistance under this part; and
  • 15 U.S.C. § 9094(b)(2)(A)
    Go to provision →
    (A) recall (as defined in section 9091 of this title), within 72 hours after executing such agreement or certification, any employees involuntarily furloughed by such passenger air carrier or contractor between March 27, 2020, and the date such passenger air carrier or contractor enters into an agreement with the Secretary for financial assistance under this part;
  • 15 U.S.C. § 9094(b)(2)(B)(i)
    Go to provision →
    (i) in the case of a passenger air carrier, December 1, 2020, and the date such passenger air carrier enters into an agreement with the Secretary for financial assistance under this part; or
  • 15 U.S.C. § 9094(b)(2)(B)(ii)
    Go to provision →
    (ii) in the case of a contractor, December 27, 2020, and the date on which such contractor enters into an agreement with the Secretary with respect to financial assistance under this part; and
  • 15 U.S.C. § 9095(a)
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    (a) Neither the Secretary, nor any other actor, department, or agency of the Federal Government, shall condition the issuance of financial assistance under this part on a passenger air carrier’s or contractor’s implementation of measures to enter into negotiations with the certified bargaining representative of a craft or class of employees of the passenger air carrier or contractor under the Railway 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.
  • 15 U.S.C. § 9096(a)
    Go to provision →
    (a) The Secretary may only provide financial assistance under this part to a passenger air carrier or contractor after such carrier or contractor enters into an agreement with the Secretary that provides that, during the 2-year period beginning October 1, 2020, and ending October 1, 2022—
    (1) no officer or employee of the passenger air carrier or contractor whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to December 27, 2020) will receive from the passenger air carrier or contractor—
    (A) total compensation that exceeds, during any 12 consecutive months of such 2-year period, the total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year 2019; or
    (B) severance pay or other benefits upon termination of employment with the passenger air carrier or contractor which exceeds twice the maximum total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year 2019; and
    (2) no officer or employee of the passenger air carrier or contractor whose total compensation exceeded $3,000,000 in calendar year 2019 may receive during any 12 consecutive months of such period total compensation in excess of the sum of—
    (A) $3,000,000; and
    (B) 50 percent of the excess over $3,000,000 of the total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year 2019.
  • 15 U.S.C. § 9097(a)
    Go to provision →
    (a) The Secretary of Transportation is authorized to require, to the extent reasonable and practicable, an air carrier provided financial assistance under this part to maintain scheduled air transportation, as the Secretary of Transportation determines necessary, to ensure services to any point served by that air carrier before March 1, 2020.
  • 15 U.S.C. § 9097(b)
    Go to provision →
    (b) When considering whether to exercise the authority provided by this section, the Secretary of Transportation shall take into consideration the air transportation needs of small and remote communities, the need to maintain well-functioning health care supply chains, including medical devices and supplies, and pharmaceutical supply chains.
  • 15 U.S.C. § 9097(c)
    Go to provision →
    (c) The authority provided under this section shall terminate on March 1, 2022, and any requirements issued by the Secretary of Transportation under this section shall cease to apply after that date.
  • 15 U.S.C. § 9097(d)
    Go to provision →
    (d) It is the sense of Congress that, when implementing this section, the Secretary of Transportation should take into consideration the following:
    (1) A number of airports and communities have lost air service as a result of consolidated operations by covered air carriers, as permitted by the Department of Transportation, including smaller airports that are located near larger airports.
    (2) Airports covering common points, as determined by the Department of Transportation, do not align with the grouping commonly used by many air carriers, other Federal agencies, and distribution channels used by consumers to purchase air travel.
    (3) The demographic, geographic, economic, and other characteristics of an area and affected communities when determining whether consolidated operations at a single airport effectively serve the needs of the point.
    (4) Maintaining a robust air transportation system, including maintaining air service to airports throughout the United States, plays an important role in the effective distribution of a coronavirus vaccine.
    (5) The objections from community respondents on whether a specific airport should or should not be included in a consolidated point, including those objections noting the importance of the required considerations set forth in subsection (b).
  • 15 U.S.C. § 9098(a)
    Go to provision →
    (a) With respect to a recipient of financial assistance under section 4113 of the CARES Act (15 U.S.C. 9073) that receives financial assistance under this part, the Secretary may receive warrants, options, preferred stock, debt securities, notes, or other financial instruments issued by such recipient that are, to the maximum extent practicable, in the same form and amount, and under the same terms and conditions, as agreed to by the Secretary and such recipient to provide appropriate compensation to the Federal Government for the provision of the financial assistance under this part.
  • 15 U.S.C. § 9098(b)
    Go to provision →
    (b) With respect to a recipient of financial assistance under this part that did not receive financial assistance under section 4113 of the CARES Act (15 U.S.C. 9073), the Secretary may receive warrants, options, preferred stock, debt securities, notes, or other financial instruments issued by such recipient in a form and amount that are, to the maximum extent practicable, under the same terms and conditions as agreed to by the Secretary and similarly situated recipients of financial assistance under such section to provide appropriate compensation to the Federal Government for the provision of the financial assistance under this part.
  • 15 U.S.C. § 9099(a)
    Go to provision →
    (a) Not later than May 1, 2021, the Secretary shall 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 Affairs of the Senate a report on the financial assistance provided to passenger air carriers and contractors under this part, that includes—
    (1) a description of any financial assistance provided to passenger air carriers under this part;
    (2) any audits of passenger air carriers or contractors receiving financial assistance under this part;
    (3) any reports filed by passenger air carriers or contractors receiving financial assistance under this part;
    (4) any instances of non-compliance by passenger air carriers or contractors receiving financial assistance under this part with the requirements of this part or agreements entered into with the Secretary to receive such financial assistance; and
    (5) information relating to any clawback of any financial assistance provided to passenger air carriers or contractors under this part.
  • 15 U.S.C. § 9099(a)(4)
    Go to provision →
    (4) any instances of non-compliance by passenger air carriers or contractors receiving financial assistance under this part with the requirements of this part or agreements entered into with the Secretary to receive such financial assistance; and
  • 15 U.S.C. § 9099(b)
    Go to provision →
    (b) The Secretary shall update the website of the Department of the Treasury, at minimum, on a weekly basis as necessary to reflect new or revised distributions of financial assistance under this part with respect to each passenger air carrier or contractor that receives such assistance, the identification of any applicant that applied for financial assistance under this part, and the date of application for such assistance.
  • 15 U.S.C. § 9099(c)
    Go to provision →
    (c) Not later than the last day of the 1-year period following December 27, 2020, 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 Affairs of the Senate, the report submitted under subsection (a).
  • 15 U.S.C. § 9099(d)
    Go to provision →
    (d) The Secretary may withhold information that would otherwise be required to be made available under this section only if the Secretary determines to withhold the information in accordance with section 552 of title 5.
  • 15 U.S.C. § 9100
    Go to provision →
    In implementing this part, the Secretary shall coordinate with the Secretary of Transportation.
  • 15 U.S.C. § 9111(a)(4)(D)(iv)
    Go to provision →
    (iv) any other passenger transportation service company subject to regulation by the Department of Transportation as the Secretary, in consultation with the Secretary of Transportation, determines to be appropriate.
  • 15 U.S.C. § 9111(a)(5)
    Go to provision →
    (5) The term “Secretary” means the Secretary of the Treasury.
  • 15 U.S.C. § 9111(c)(1)
    Go to provision →
    (1) The Secretary, in consultation with the Secretary of Transportation, shall use the amounts made available under subsection (b) to provide grants to eligible providers of transportation services described in paragraph (2) that certify to the Secretary that the providers of transportation services have experienced a revenue loss of 25 percent or more, on an annual basis, as a direct or indirect result of COVID–19.
  • 15 U.S.C. § 9111(c)(2)(B)(iii)
    Go to provision →
    (iii) The Secretary may reduce the amount of assistance available under this subsection to a provider of transportation services described in clause (i) based on the amount of funds provided under this section or the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 505) that have supported a contract or agreement described in clause (ii) to which the provider of transportation services is a party.
  • 15 U.S.C. § 9111(c)(2)(B)(iv)
    Go to provision →
    (iv) A provider of transportation services that has entered into or maintains a contract or agreement described in clause (ii), and that applies for assistance under this subsection, shall submit to the Secretary a notice describing the contract or agreement, including the amount of funds provided for the contract or agreement under this subsection or the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 505).
  • 15 U.S.C. § 9111(c)(3)(A)
    Go to provision →
    (A) In determining the amount of assistance to be provided to an eligible provider of transportation services under this subsection, the Secretary shall take into consideration information provided by the provider of transportation services, including—
    (i) the amount of debt owed by the provider of transportation services on major equipment, if any;
    (ii) other sources of Federal assistance provided to the provider of transportation services, if any; and
    (iii) such other information as the Secretary may require.
  • 15 U.S.C. § 9111(c)(3)(A)(iii)
    Go to provision →
    (iii) such other information as the Secretary may require.
  • 15 U.S.C. § 9111(c)(3)(B)(i)
    Go to provision →
    (i) The Secretary shall ensure that the amount of assistance provided to a provider of transportation services under this subsection, when combined with any other Federal assistance provided in response to COVID–19 under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136; 134 Stat. 281), the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139; 134 Stat. 620), or any other provision of law, does not exceed the total amount of revenue earned by the provider of transportation services during calendar year 2019.
  • 15 U.S.C. § 9111(c)(3)(B)(ii)
    Go to provision →
    (ii) A provider of transportation services seeking assistance under this subsection shall submit to the Secretary—
    (I) documentation describing the total amount of revenue earned by the provider of transportation services during calendar year 2019; and
    (II) a certification that the amount of assistance sought under this subsection, when combined with any other Federal assistance described in clause (i), does not exceed the total amount of revenue earned by the provider of transportation services during calendar year 2019.
  • 15 U.S.C. § 9111(c)(5)
    Go to provision →
    (5) The Secretary shall ensure equal access to the assistance provided under this section to eligible providers of transportation services that are small, minority-owned, and women-owned businesses.
  • 15 U.S.C. § 9111(c)(6)
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    (6) As a condition of receipt of assistance under this subsection, the Secretary shall require that a provider of transportation services shall agree—
    (A) subject to paragraph (7)—
    (i) to commence using the funds, on a priority basis and to the extent the funds are available, to maintain through the applicable covered period, expenditures on payroll costs for all employees as of December 27, 2020, after making any adjustments required for—
    (I) retirement; or
    (II) voluntary employee separation;
    (ii) not to impose, during the covered period—
    (I) any involuntary furlough; or
    (II) any reduction in pay rates or benefits for nonexecutive employees; and
    (iii) to recall or rehire any employees laid off, furloughed, or terminated after March 27, 2020, to the extent warranted by increased service levels;
    (B) to return to the Secretary any funds received under this subsection that are not used by the provider of transportation services by the date that is 1 year after the date of receipt of the funds; and
    (C) to examine the anticipated expenditure of the funds by the provider of transportation services for the purposes described in subparagraph (A) not less frequently than once every 90 days after the date of receipt of the funds.
  • 15 U.S.C. § 9111(c)(6)(B)
    Go to provision →
    (B) to return to the Secretary any funds received under this subsection that are not used by the provider of transportation services by the date that is 1 year after the date of receipt of the funds; and
  • 15 U.S.C. § 9111(c)(8)(A)
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    (A) As a condition of receipt of a grant under this subsection, the Secretary shall require that, except as provided in subparagraph (B), a provider of transportation services shall agree to use an amount equal to not less than 60 percent of the funds on payroll costs of the provider of transportation services.
  • 15 U.S.C. § 9111(c)(8)(B)
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    (B) Subparagraph (A) shall not apply to a provider of transportation services if the provider of transportation services certifies to the Secretary that, after making any adjustments required for retirement or voluntary employee separation—
    (i) each nonseasonal employee on the payroll of the provider of transportation services on January 1, 2020—
    (I) if laid off, furloughed, or terminated by the provider of transportation services as described in paragraph (6)(A)(iii), is rehired, or has been offered rehire, by the provider of transportation services; and
    (II) if rehired under clause (i) or subject to a reduction in salary before the date of receipt by the provider of transportation services of assistance under this subsection, receives not less than 100 percent of the previous salary of the employee;
    (ii) the provider of transportation services—
    (I) is staffed at a level of full-time equivalent, seasonal employees, on a monthly basis, that is greater than or equivalent to the level at which the provider of transportation services was staffed with full-time equivalent, seasonal employees on a monthly basis during calendar year 2019;
    (II) is offering priority in rehiring to seasonal employees that were laid off, furloughed, terminated, or not offered rehire in calendar year 2020, as the provider of transportation services achieves staffing at the level described in subclause (I); and
    (III) offers any seasonal employee rehired under subclause (II) or subject to a reduction in salary before the date of receipt by the provider of transportation services of assistance under this subsection not less than 100 percent of the previous salary of the employee; and
    (iii) the provider of transportation services will fully cover, through the applicable covered period, all payroll costs associated with the staffing requirements described in clauses (i) and (ii).
  • 15 U.S.C. § 9111(c)(9)
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    (9) A grant provided under this section shall be in such form, subject to such terms and conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate in accordance with this section.
  • 15 U.S.C. § 9111(f)(1)
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    (1) The Secretary may take such actions as the Secretary determines to be necessary to carry out this section, including—
    (A) using direct hiring authority to hire employees to administer this section;
    (B) entering into contracts, including contracts for services authorized by this section; and
    (C) issuing such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this section.
  • 15 U.S.C. § 9111(f)(2)
    Go to provision →
    (2) Of the funds made available under this section, not more than $50,000,000 may be used by the Secretary for administrative expenses to carry out this section.
  • 15 U.S.C. § 9121(c)(2)(B)
    Go to provision →
    (B) The Secretary shall waive the workforce retention requirement if the Secretary determines that—
    (i) the airport is experiencing economic hardship as a direct result of the requirement; or
    (ii) the requirement reduces aviation safety or security.
  • 15 U.S.C. § 9121(c)(2)(D)
    Go to provision →
    (D) Any financial assistance provided under this section to an airport that fails to comply with the workforce retention requirement described in subparagraph (A), and does not otherwise qualify for a waiver or exception under this paragraph, shall be subject to clawback by the Secretary.
  • 15 U.S.C. § 9131(2)(F)
    Go to provision →
    (F) that agrees to provide immediate notice and justification to the Secretary of involuntary furloughs or layoffs exceeding 10 percent of the workforce that is not included in an eligible employee group for the duration of an agreement and receipt of public contributions under this part;
  • 15 U.S.C. § 9131(2)(G)
    Go to provision →
    (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 terminate an employee in accordance with employer policy, between the date of application and the date on which such a corporation, firm, or other business entity enters into an agreement with the Secretary under this part; and
  • 15 U.S.C. § 9131(7)
    Go to provision →
    (7) The term “Secretary” means the Secretary of Transportation.
  • 15 U.S.C. § 9132(a)
    Go to provision →
    (a) The Secretary shall establish a payroll support 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 contributions 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 Secretary to carry out the payroll support program authorized under the preceding sentence for which 1 percent of the funds may be used for implementation costs and administrative expenses.
  • 15 U.S.C. § 9132(b)
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    (b) 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 maintain the total compensation level for the eligible employee group as of April 1, 2020 for the duration of the agreement, and to facilitate the retention, rehire, or recall of employees of the employer, except that such funds may not be used for back pay of returning rehired or recalled employees.
  • 15 U.S.C. § 9132(c)
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    (c) The Secretary may not enter into any agreement 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 immediately preceding calendar quarter ending before such agreement is entered into, who received financial assistance under section 9073 of this title, or who is currently expending financial assistance under the paycheck protection program established under section 636(a)(36) of this title, as of the date the employer submits an application under the payroll support program established under subsection (a).
  • 15 U.S.C. § 9132(d)
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    (d) 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.
  • 15 U.S.C. § 9132(e)
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    (e) No agreement may be entered into by the Secretary under the payroll support program established 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.
  • 15 U.S.C. § 9141(a)(4)(C)
    Go to provision →
    (C) has not conducted involuntary furloughs or reduced pay rates or benefits between March 31, 2021, and the date on which the air carrier makes a certification to the Secretary pursuant to subparagraph (D); and
  • 15 U.S.C. § 9141(a)(4)(D)
    Go to provision →
    (D) certifies to the Secretary that such air carrier will—
    (i) refrain from conducting involuntary furloughs or reducing pay rates or benefits until September 30, 2021, or the date on which assistance provided under this section is exhausted, whichever is later;
    (ii) refrain from purchasing an equity security of the air carrier or the parent company of the air carrier that is listed on a national securities exchange through September 30, 2022;
    (iii) refrain from paying dividends, or making other capital distributions, with respect to common stock (or equivalent interest) of such air carrier through September 30, 2022;
    (iv) during the 2-year period beginning April 1, 2021, and ending April 1, 2023, refrain from paying—
    (I) any officer or employee of the air carrier whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to March 11, 2021)—
    (aa) total compensation that exceeds, during any 12 consecutive months of such 2-year period, the total compensation received by the officer or employee from the air carrier in calendar year 2019; or
    (bb) severance pay or other benefits upon termination of employment with the air carrier which exceeds twice the maximum total compensation received by the officer or employee from the air carrier in calendar year 2019; and
    (II) any officer or employee of the air carrier whose total compensation exceeded $3,000,000 in calendar year 2019 during any 12 consecutive months of such period total compensation in excess of the sum of—
    (aa) $3,000,000; and
    (bb) 50 percent of the excess over $3,000,000 of the total compensation received by the officer or employee from the air carrier in calendar year 2019.2
  • 15 U.S.C. § 9141(a)(5)(C)
    Go to provision →
    (C) has not conducted involuntary furloughs or reduced pay rates or benefits between March 31, 2021, and the date on which the contractor makes a certification to the Secretary pursuant to subparagraph (D); and
  • 15 U.S.C. § 9141(a)(5)(D)
    Go to provision →
    (D) certifies to the Secretary that such contractor will—
    (i) refrain from conducting involuntary furloughs or reducing pay rates or benefits until September 30, 2021, or the date on which assistance provided under this section is exhausted, whichever is later;
    (ii) refrain from purchasing an equity security of the contractor or the parent company of the contractor that is listed on a national securities exchange through September 30, 2022;
    (iii) refrain from paying dividends, or making other capital distributions, with respect to common stock (or equivalent interest) of the contractor through September 30, 2022;
    (iv) during the 2-year period beginning April 1, 2021, and ending April 1, 2023, refrain from paying—
    (I) any officer or employee of the contractor whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to March 11, 2021)—
    (aa) total compensation that exceeds, during any 12 consecutive months of such 2-year period, the total compensation received by the officer or employee from the contractor in calendar year 2019; or
    (bb) severance pay or other benefits upon termination of employment with the contractor which exceeds twice the maximum total compensation received by the officer or employee from the contractor in calendar year 2019; and
    (II) any officer or employee of the contractor whose total compensation exceeded $3,000,000 in calendar year 2019 during any 12 consecutive months of such period total compensation in excess of the sum of—
    (aa) $3,000,000; and
    (bb) 50 percent of the excess over $3,000,000 of the total compensation received by the officer or employee from the contractor in calendar year 2019.3
  • 15 U.S.C. § 9141(a)(6)
    Go to provision →
    (6) the term “Secretary” means the Secretary of the Treasury.
  • 15 U.S.C. § 9141(b)(1)
    Go to provision →
    (1) The Secretary shall make available to eligible air carriers and eligible contractors, financial assistance exclusively for the continuation of payment of employee wages, salaries, and benefits to—
    (A) eligible air carriers, in an aggregate amount of $14,000,000,000; and
    (B) eligible contractors, in an aggregate amount of $1,000,000,000.
  • 15 U.S.C. § 9141(b)(2)(A)
    Go to provision →
    (A) The Secretary shall apportion funds to eligible air carriers and eligible contractors in accordance with the requirements of this section not later than April 15, 2021.
  • 15 U.S.C. § 9141(b)(2)(B)
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    (B) The Secretary shall apportion funds made available under paragraph (1)(A) to each eligible air carrier in the ratio that—
    (i) the amount received by the air carrier pursuant to section 9093(a) of this title bears to
    (ii) $15,000,000,000.
  • 15 U.S.C. § 9141(b)(2)(C)
    Go to provision →
    (C) The Secretary shall apportion, to each eligible contractor, an amount equal to the total amount such contractor received pursuant to section 9093(a) of this title.
  • 15 U.S.C. § 9141(b)(3)(A)
    Go to provision →
    (A) The Secretary shall provide financial assistance to an eligible air carrier or eligible contractor under this section in the same form and on the same terms and conditions as determined by pursuant to4 section 9093(b)(1)(A) of this title.
  • 15 U.S.C. § 9141(b)(3)(B)
    Go to provision →
    (B) The Secretary shall publish streamlined and expedited procedures not later than 5 days after March 11, 2021, for eligible air carriers and eligible contractors to submit requests for financial assistance under this section.
  • 15 U.S.C. § 9141(b)(3)(C)
    Go to provision →
    (C) Not later than 10 days after March 11, 2021, the Secretary shall make initial payments to air carriers and contractors that submit requests for financial assistance approved by the Secretary.
  • 15 U.S.C. § 9141(b)(4)
    Go to provision →
    (4) The Secretary shall receive financial instruments issued by recipients of financial assistance under this section in the same form and amount, and under the same terms and conditions, as determined by the Secretary under section 9098 of this title.
  • 15 U.S.C. § 9141(b)(5)
    Go to provision →
    (5) Of the amounts made available under paragraph (1)(A), $10,000,000 shall be made available to the Secretary for costs and administrative expenses associated with providing financial assistance under this section.

Citations to §9041(10)

  • 15 U.S.C. § 9003(a)
    Go to provision →
    (a) Notwithstanding paragraph (3)(C)(iii) of section 649(l) of this title, for grants under the State Trade Expansion Program under such section 649(l) of this title using amounts made available for fiscal year 2018 or fiscal year 2019, the period of the grant shall continue through the end of fiscal year 2021.
  • 15 U.S.C. § 9009a(a)(1)(A)(vi)(II)(bb)
    Go to provision →
    (bb) Owning or operating venues, relevant museums, motion picture theatres, or talent agencies or talent management companies in more than 10 States.
  • 15 U.S.C. § 9009a(a)(1)(A)(vi)(III)
    Go to provision →
    (III) For purposes of applying the characteristics described in subclauses (I) and (II) to an entity owned by a State or a political subdivision of a State, the relevant entity—
    (aa) shall be the live venue operator or promoter, theatrical producer, or live performing arts organization operator, the relevant museum operator, the motion picture theatre operator, or the talent representative; and
    (bb) shall not include entities of the State or political subdivision other than the live venue operator or promoter, theatrical producer, or live performing arts organization operator, the relevant museum operator, the motion picture theatre operator, or the talent representative.
  • 15 U.S.C. § 9009a(a)(1)(A)(vi)(III)(bb)
    Go to provision →
    (bb) shall not include entities of the State or political subdivision other than the live venue operator or promoter, theatrical producer, or live performing arts organization operator, the relevant museum operator, the motion picture theatre operator, or the talent representative.
  • 15 U.S.C. § 9009a(a)(9)
    Go to provision →
    (9) The term “State” means—
    (A) a State;
    (B) the District of Columbia;
    (C) the Commonwealth of Puerto Rico; and
    (D) any other territory or possession of the United States.
  • 15 U.S.C. § 9009a(a)(9)(A)
    Go to provision →
    (A) a State;
  • 15 U.S.C. § 9009a(c)(1)(C)(ii)
    Go to provision →
    (ii) For purposes of applying clause (i) to an eligible person or entity owned by a State or a political subdivision of a State, the relevant entity—
    (I) shall be the eligible person or entity; and
    (II) shall not include entities of the State or political subdivision other than the eligible person or entity.
  • 15 U.S.C. § 9009a(c)(1)(C)(ii)(II)
    Go to provision →
    (II) shall not include entities of the State or political subdivision other than the eligible person or entity.
  • 15 U.S.C. § 9009a(d)(2)(B)(viii)(III)
    Go to provision →
    (III) State and local taxes and fees;
  • 15 U.S.C. § 9009c(a)(4)(C)(i)(I)
    Go to provision →
    (I) is a State or local government-operated business;
  • 15 U.S.C. § 9011(d)(1)
    Go to provision →
    (1) communicate and coordinate with the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and State bank regulators to encourage those entities to not require lenders to increase their reserves on account of receiving payments made by the Administrator under subsection (c);
  • 15 U.S.C. § 9013(a)(9)
    Go to provision →
    (9) The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and Guam, or an agency, instrumentality, or fiscal agent thereof.
  • 15 U.S.C. § 9013(a)(10)
    Go to provision →
    (10) The term “unit of general local government” means a county, city, town, village, or other general purpose political subdivision of a State.
  • 15 U.S.C. § 9013(b)(1)
    Go to provision →
    (1) The Administrator of the Small Business Administration shall establish a Community Navigator pilot program to make grants to, or enter into contracts or cooperative agreements with, private nonprofit organizations, resource partners, States, Tribes, and units of local government to ensure the delivery of free community navigator services to current or prospective owners of eligible businesses in order to improve access to assistance programs and resources made available because of the COVID–19 pandemic by Federal, State, Tribal, and local entities.
  • 15 U.S.C. § 9021(a)(3)(A)(i)
    Go to provision →
    (i) is not eligible for regular compensation or extended benefits under State or Federal law or pandemic emergency unemployment compensation under section 9025 of this title, including an individual who has exhausted all rights to regular unemployment or extended benefits under State or Federal law or pandemic emergency unemployment compensation under section 9025 of this title;
  • 15 U.S.C. § 9021(a)(3)(A)(ii)(I)
    Go to provision →
    (I) is otherwise able to work and available for work within the meaning of applicable State law, except the individual is unemployed, partially unemployed, or unable or unavailable to work because—
    (aa) the individual has been diagnosed with COVID–19 or is experiencing symptoms of COVID–19 and seeking a medical diagnosis;
    (bb) a member of the individual’s household has been diagnosed with COVID–19;
    (cc) the individual is providing care for a family member or a member of the individual’s household who has been diagnosed with COVID–19;
    (dd) a child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID–19 public health emergency and such school or facility care is required for the individual to work;
    (ee) the individual is unable to reach the place of employment because of a quarantine imposed as a direct result of the COVID–19 public health emergency;
    (ff) the individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to COVID–19;
    (gg) the individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID–19 public health emergency;
    (hh) the individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of COVID–19;
    (ii) the individual has to quit his or her job as a direct result of COVID–19;
    (jj) the individual’s place of employment is closed as a direct result of the COVID–19 public health emergency; or
    (kk) the individual meets any additional criteria established by the Secretary for unemployment assistance under this section; or
  • 15 U.S.C. § 9021(a)(3)(A)(ii)(II)
    Go to provision →
    (II) is self-employed, is seeking part-time employment, does not have sufficient work history, or otherwise would not qualify for regular unemployment or extended benefits under State or Federal law or pandemic emergency unemployment compensation under section 9025 of this title, and meets the requirements of subclause (I); and
  • 15 U.S.C. § 9021(a)(3)(A)(iii)
    Go to provision →
    (iii) provides documentation to substantiate employment or self-employment or the planned commencement of employment or self-employment not later than 21 days after the later of the date on which the individual submits an application for pandemic unemployment assistance under this section or the date on which an individual is directed by the State Agency to submit such documentation in accordance with section 625.6(e) of title 20, Code of Federal Regulations, or any successor thereto, except that such deadline may be extended if the individual has shown good cause under applicable State law for failing to submit such documentation; and
  • 15 U.S.C. § 9021(a)(5)
    Go to provision →
    (5) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
  • 15 U.S.C. § 9021(c)(2)
    Go to provision →
    (2) The total number of weeks for which a covered individual may receive assistance under this section shall not exceed 79 weeks and such total shall include any week for which the covered individual received regular compensation or extended benefits under any Federal or State law, except that if after March 27, 2020, the duration of extended benefits is extended, the 79-week period described in this paragraph shall be extended by the number of weeks that is equal to the number of weeks by which the extended benefits were extended.
  • 15 U.S.C. § 9021(c)(5)(A)
    Go to provision →
    (A) An individual may appeal any determination or redetermination regarding the rights to pandemic unemployment assistance under this section made by the State agency of any of the States.
  • 15 U.S.C. § 9021(c)(5)(B)
    Go to provision →
    (B) All levels of appeal filed under this paragraph in the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands—
    (i) shall be carried out by the applicable State that made the determination or redetermination; and
    (ii) shall be conducted in the same manner and to the same extent as the applicable State would conduct appeals of determinations or redeterminations regarding rights to regular compensation under State law.
  • 15 U.S.C. § 9021(c)(5)(B)(i)
    Go to provision →
    (i) shall be carried out by the applicable State that made the determination or redetermination; and
  • 15 U.S.C. § 9021(c)(5)(B)(ii)
    Go to provision →
    (ii) shall be conducted in the same manner and to the same extent as the applicable State would conduct appeals of determinations or redeterminations regarding rights to regular compensation under State law.
  • 15 U.S.C. § 9021(c)(5)(C)
    Go to provision →
    (C) With respect to any appeal filed in Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Republic of the Marshall Islands, and the Republic of Palau—
    (i) lower level appeals shall be carried out by the applicable entity within the State;
    (ii) if a higher level appeal is allowed by the State, the higher level appeal shall be carried out by the applicability entity within the State; and
    (iii) appeals described in clauses (i) and (ii) shall be conducted in the same manner and to the same extent as appeals of regular unemployment compensation are conducted under the unemployment compensation law of Hawaii.
  • 15 U.S.C. § 9021(c)(5)(C)(i)
    Go to provision →
    (i) lower level appeals shall be carried out by the applicable entity within the State;
  • 15 U.S.C. § 9021(c)(5)(C)(ii)
    Go to provision →
    (ii) if a higher level appeal is allowed by the State, the higher level appeal shall be carried out by the applicability entity within the State; and
  • 15 U.S.C. § 9021(c)(6)
    Go to provision →
    (6) As a condition of continued eligibility for assistance under this section, a covered individual shall submit a recertification to the State for each week after the individual’s 1st week of eligibility that certifies that the individual remains an individual described in subsection (a)(3)(A)(ii) for such week.
  • 15 U.S.C. § 9021(d)(1)(A)(i)
    Go to provision →
    (i) the weekly benefit amount authorized under the unemployment compensation law of the State where the covered individual was employed, except that the amount may not be less than the minimum weekly benefit amount described in section 625.6 of title 20, Code of Federal Regulations, or any successor thereto; and
  • 15 U.S.C. § 9021(d)(2)
    Go to provision →
    (2) In the case of a covered individual who is self-employed, who lives in a territory described in subsection (c) or (d) of section 625.6 of title 20, Code of Federal Regulations, or who would not otherwise qualify for unemployment compensation under State law, the assistance authorized under subsection (b) for a week of unemployment shall be calculated in accordance with section 625.6 of title 20, Code of Federal Regulations, or any successor thereto, and shall be increased by the amount of Federal Pandemic Unemployment Compensation under section 9023 of this title.
  • 15 U.S.C. § 9021(d)(3)(B)
    Go to provision →
    (B) at the option of the State, by payments which are made separately from, but on the same weekly basis as, any assistance provided for in paragraph (1)(A)(i).
  • 15 U.S.C. § 9021(d)(4)
    Go to provision →
    (4) In the case of individuals who have received amounts of pandemic unemployment assistance to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that—
    (A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and
    (B) such repayment would be contrary to equity and good conscience.
  • 15 U.S.C. § 9021(e)
    Go to provision →
    (e) Notwithstanding State law, for purposes of assistance authorized under this section, compensation under this Act shall be made to an individual otherwise eligible for such compensation without any waiting period.
  • 15 U.S.C. § 9021(f)(1)
    Go to provision →
    (1) The Secretary shall provide the assistance authorized under subsection (b) through agreements with States which, in the judgment of the Secretary, have an adequate system for administering such assistance through existing State agencies, including procedures for identity verification or validation and for timely payment, to the extent reasonable and practicable.
  • 15 U.S.C. § 9021(f)(2)
    Go to provision →
    (2) There shall be paid to each State which has entered into an agreement under this subsection an amount equal to 100 percent of—
    (A) the total amount of assistance provided by the State pursuant to such agreement; and
    (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary), including any administrative expenses necessary to facilitate processing of applications for assistance under this section online or by telephone rather than in-person and expenses related to identity verification or validation and timely and accurate payment.
  • 15 U.S.C. § 9021(f)(2)(A)
    Go to provision →
    (A) the total amount of assistance provided by the State pursuant to such agreement; and
  • 15 U.S.C. § 9021(f)(2)(B)
    Go to provision →
    (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary), including any administrative expenses necessary to facilitate processing of applications for assistance under this section online or by telephone rather than in-person and expenses related to identity verification or validation and timely and accurate payment.
  • 15 U.S.C. § 9021(f)(3)
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    (3) Sums payable to any State by reason of such State’s having an agreement under this subsection shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this subsection for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9021(g)(1)(A)
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    (A) Funds in the extended unemployment compensation account (as established by section 1105(a) of title 42) of the Unemployment Trust Fund (as established by section 1104(a) of title 42) shall be used to make payments to States pursuant to subsection (f)(2)(A).
  • 15 U.S.C. § 9021(g)(2)(A)
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    (A) Funds in the employment security administration account (as established by section 1101(a) of title 42) of the Unemployment Trust Fund (as established by section 1104(a) of title 42) shall be used to make payments to States pursuant to subsection (f)(2)(B).
  • 15 U.S.C. § 9021(g)(3)
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    (3) The Secretary of Labor shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under paragraphs (1) and (2).
  • 15 U.S.C. § 9022
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    The Secretary of Labor may issue clarifying guidance to allow States to interpret their State unemployment compensation laws in a manner that would provide maximum flexibility to reimbursing employers as it relates to timely payment and assessment of penalties and interest pursuant to such State laws.
  • 15 U.S.C. § 9023(a)
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    (a) Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (in this section referred to as the “Secretary”). Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
  • 15 U.S.C. § 9023(b)(1)
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    (1) Any agreement under this section shall provide that the State agency of the State will make payments of regular compensation to individuals in amounts and to the extent that they would be determined if the State law of the State were applied, with respect to any week for which the individual is (disregarding this section) otherwise entitled under the State law to receive regular compensation, as if such State law had been modified in a manner such that the amount of regular compensation (including dependents’ allowances) payable for any week shall be equal to—
    (A) the amount determined under the State law (before the application of this paragraph), plus
    (B) an additional amount equal to the amount specified in paragraph (3) (in this section referred to as “Federal Pandemic Unemployment Compensation”), plus
    (C) an additional amount of $100 (in this section referred to as “Mixed Earner Unemployment Compensation”) in any case in which the individual received at least $5,000 of self-employment income (as defined in section 1402(b) of title 26) in the most recent taxable year ending prior to the individual’s application for regular compensation.
  • 15 U.S.C. § 9023(b)(1)(A)
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    (A) the amount determined under the State law (before the application of this paragraph), plus
  • 15 U.S.C. § 9023(b)(2)(B)
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    (B) at the option of the State, by payments which are made separately from, but on the same weekly basis as, any regular compensation otherwise payable.
  • 15 U.S.C. § 9023(c)(1)
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    (1) An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the method governing the computation of regular compensation under the State law of that State has been modified in a manner such that the number of weeks (the maximum benefit entitlement), or the average weekly benefit amount, of regular compensation which will be payable during the period of the agreement (determined disregarding any Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation) will be less than the number of weeks, or the average weekly benefit amount, of the average weekly benefit amount of regular compensation which would otherwise have been payable during such period under the State law, as in effect on January 1, 2020.
  • 15 U.S.C. § 9023(d)(1)(A)
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    (A) There shall be paid to each State which has entered into an agreement under this section an amount equal to 100 percent of—
    (i) the total amount of Federal Pandemic Unemployment Compensation and Mixed Earner Unemployment Compensation paid to individuals by the State pursuant to such agreement; and
    (ii) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
  • 15 U.S.C. § 9023(d)(1)(A)(i)
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    (i) the total amount of Federal Pandemic Unemployment Compensation and Mixed Earner Unemployment Compensation paid to individuals by the State pursuant to such agreement; and
  • 15 U.S.C. § 9023(d)(1)(A)(ii)
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    (ii) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
  • 15 U.S.C. § 9023(d)(1)(B)
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    (B) Sums payable to any State by reason of such State’s having an agreement under this section shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9023(d)(2)
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    (2) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section.
  • 15 U.S.C. § 9023(f)(1)(A)
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    (A) shall be ineligible for further Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and
  • 15 U.S.C. § 9023(f)(2)
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    (2) In the case of individuals who have received amounts of Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation to which they were not entitled, the State shall require such individuals to repay the amounts of such Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation to the State agency, except that the State agency may waive such repayment if it determines that—
    (A) the payment of such Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation was without fault on the part of any such individual; and
    (B) such repayment would be contrary to equity and good conscience.
  • 15 U.S.C. § 9023(f)(3)(A)
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    (A) The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation payable to such individual or from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individuals received the payment of the Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State.
  • 15 U.S.C. § 9023(f)(4)
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    (4) Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent.
  • 15 U.S.C. § 9023(i)(1)
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    (1) the terms “compensation”, “regular compensation”, “benefit year”, “State”, “State agency”, “State law”, and “week” have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note); and
  • 15 U.S.C. § 9023(i)(2)(A)
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    (A) extended compensation (as defined by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970);
  • 15 U.S.C. § 9023(i)(2)(B)
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    (B) regular compensation (as defined by section 85(b) of title 26) provided under any program administered by a State under an agreement with the Secretary;
  • 15 U.S.C. § 9024(a)
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    (a) Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (in this section referred to as the “Secretary”). Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
  • 15 U.S.C. § 9024(b)
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    (b) A State is eligible to enter into an agreement under this section if the State law (including a waiver of State law) provides that compensation is paid to individuals for their first week of regular unemployment without a waiting week. An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the State law no longer meets the requirement under the preceding sentence.
  • 15 U.S.C. § 9024(c)(1)
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    (1) Except as provided in paragraph (3), there shall be paid to each State which has entered into an agreement under this section an amount equal to 100 percent of—
    (A) the total amount of regular compensation paid to individuals by the State for their first week of regular unemployment; and
    (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
  • 15 U.S.C. § 9024(c)(1)(A)
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    (A) the total amount of regular compensation paid to individuals by the State for their first week of regular unemployment; and
  • 15 U.S.C. § 9024(c)(1)(B)
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    (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
  • 15 U.S.C. § 9024(c)(2)
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    (2) Sums payable to any State by reason of such State’s having an agreement under this section shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9024(d)(2)(A)
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    (A) Funds in the employment security administration account (as established by section 1101(a) of title 42) of the Unemployment Trust Fund (as established by section 1104(a) of title 42) shall be used to make payments to States pursuant to subsection (c)(1)(B).
  • 15 U.S.C. § 9024(d)(3)
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    (3) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section.
  • 15 U.S.C. § 9024(g)
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    (g) For purposes of this section, the terms “regular compensation”, “State”, “State agency”, “State law”, and “week” have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
  • 15 U.S.C. § 9025(a)(1)
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    (1) Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (in this section referred to as the “Secretary”). Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
  • 15 U.S.C. § 9025(a)(2)
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    (2) Any agreement under paragraph (1) shall provide that the State agency of the State will make payments of pandemic emergency unemployment compensation to individuals who—
    (A) have exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year (excluding any benefit year that ended before July 1, 2019);
    (B) have no rights to regular compensation with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law;
    (C) are not receiving compensation with respect to such week under the unemployment compensation law of Canada; and
    (D) are able to work, available to work, and actively seeking work.
  • 15 U.S.C. § 9025(a)(2)(A)
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    (A) have exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year (excluding any benefit year that ended before July 1, 2019);
  • 15 U.S.C. § 9025(a)(2)(B)
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    (B) have no rights to regular compensation with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law;
  • 15 U.S.C. § 9025(a)(3)
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    (3) For purposes of paragraph (2)(A), an individual shall be deemed to have exhausted such individual’s rights to regular compensation under a State law when—
    (A) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual’s base period; or
    (B) such individual’s rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed.
  • 15 U.S.C. § 9025(a)(4)(A)(i)
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    (i) the amount of the regular compensation (including dependents’ allowances) payable to such individual during such individual’s benefit year under the State law for a week of total unemployment;
  • 15 U.S.C. § 9025(a)(4)(B)
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    (B) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof (including terms and conditions relating to availability for work, active search for work, and refusal to accept work) shall apply to claims for pandemic emergency unemployment compensation and the payment thereof, except where otherwise inconsistent with the provisions of this section or with the regulations or operating instructions of the Secretary promulgated to carry out this section;
  • 15 U.S.C. § 9025(a)(5)(A)
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    (A) Subject to subparagraph (B), an agreement under this section shall apply with respect to a State only upon a determination by the Secretary that, under the State law or other applicable rules of such State, the payment of extended compensation for which an individual is otherwise eligible must be deferred until after the payment of any pandemic emergency unemployment compensation under subsection (b) for which the individual is concurrently eligible.
  • 15 U.S.C. § 9025(a)(5)(B)
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    (B) In the case of an individual who is receiving extended compensation under the State law for the week that includes December 27, 2020 (without regard to the amendments made by subsections (a) and (b) of section 206 of the Continued Assistance for Unemployed Workers Act of 2020) or for the week that includes March 11, 2021 (without regard to the amendments made by subsections (a) and (b) of section 9016 of the American Rescue Plan Act of 2021), such individual shall not be eligible to receive pandemic emergency unemployment compensation by reason of such amendments until such individual has exhausted all rights to such extended benefits.
  • 15 U.S.C. § 9025(a)(6)(A)
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    (A) An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the method governing the computation of regular compensation under the State law of that State has been modified in a manner such that the number of weeks (the maximum benefit entitlement), or the average weekly benefit amount, of regular compensation which will be payable during the period of the agreement will be less than the number of weeks, or the average weekly benefit amount, of the average weekly benefit amount of regular compensation which would otherwise have been payable during such period under the State law, as in effect on January 1, 2020.
  • 15 U.S.C. § 9025(a)(7)(A)(i)
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    (i) is registered for employment services in such a manner and to such extent as prescribed by the State agency;
  • 15 U.S.C. § 9025(a)(7)(A)(ii)
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    (ii) has engaged in an active search for employment that is appropriate in light of the employment available in the labor market, the individual’s skills and capabilities, and includes a number of employer contacts that is consistent with the standards communicated to the individual by the State;
  • 15 U.S.C. § 9025(a)(7)(A)(iv)
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    (iv) when requested, has provided such work search record to the State agency.
  • 15 U.S.C. § 9025(a)(7)(B)
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    (B) Notwithstanding the requirements under subparagraph (A) and paragraph (2)(D), a State shall provide flexibility in meeting such requirements in case of individuals unable to search for work because of COVID–19, including because of illness, quarantine, or movement restriction.
  • 15 U.S.C. § 9025(a)(8)
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    (8) At the option of a State, for any weeks of unemployment beginning after December 27, 2020, and before September 6, 2021, an individual’s eligibility period (as described in section 203(c) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) shall, for purposes of any determination of eligibility for extended compensation under the State law of such State, be considered to include any week which begins—
    (A) after the date as of which such individual exhausts all rights to pandemic emergency unemployment compensation; and
    (B) during an extended benefit period that began on or before the date described in subparagraph (A).
  • 15 U.S.C. § 9025(b)(1)
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    (1) Any agreement under this section shall provide that the State will establish, for each eligible individual who files an application for pandemic emergency unemployment compensation, an1 pandemic emergency unemployment compensation account with respect to such individual’s benefit year.
  • 15 U.S.C. § 9025(b)(3)
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    (3) For purposes of this subsection, an individual’s weekly benefit amount for any week is the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for such week for total unemployment plus the amount of Federal Pandemic Unemployment Compensation under section 9023 of this title.
  • 15 U.S.C. § 9025(b)(4)(A)
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    (A) If—
    (i) an individual has been determined to be entitled to pandemic emergency unemployment compensation with respect to a benefit year;
    (ii) that benefit year has expired;
    (iii) that individual has remaining entitlement to pandemic emergency unemployment compensation with respect to that benefit year; and
    (iv) that individual would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least $25 less than the individual’s weekly benefit amount in the benefit year referred to in clause (i),
    then the State shall determine eligibility for compensation as provided in subparagraph (B).
  • 15 U.S.C. § 9025(b)(4)(B)
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    (B) For individuals described in subparagraph (A), the State shall determine whether the individual is to be paid pandemic emergency unemployment compensation or regular compensation for a week of unemployment using one of the following methods:
    (i) The State shall, if permitted by State law, establish a new benefit year, but defer the payment of regular compensation with respect to that new benefit year until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i).
    (ii) The State shall, if permitted by State law, defer the establishment of a new benefit year (which uses all the wages and employment which would have been used to establish a benefit year but for the application of this subparagraph), until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i).
    (iii) The State shall pay, if permitted by State law—
    (I) regular compensation equal to the weekly benefit amount established under the new benefit year; and
    (II) pandemic emergency unemployment compensation equal to the difference between that weekly benefit amount and the weekly benefit amount for the expired benefit year.
    (iv) The State shall determine rights to pandemic emergency unemployment compensation without regard to any rights to regular compensation if the individual elects to not file a claim for regular compensation under the new benefit year.
  • 15 U.S.C. § 9025(b)(4)(B)(i)
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    (i) The State shall, if permitted by State law, establish a new benefit year, but defer the payment of regular compensation with respect to that new benefit year until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i).
  • 15 U.S.C. § 9025(b)(4)(B)(ii)
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    (ii) The State shall, if permitted by State law, defer the establishment of a new benefit year (which uses all the wages and employment which would have been used to establish a benefit year but for the application of this subparagraph), until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i).
  • 15 U.S.C. § 9025(b)(4)(B)(iii)
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    (iii) The State shall pay, if permitted by State law—
    (I) regular compensation equal to the weekly benefit amount established under the new benefit year; and
    (II) pandemic emergency unemployment compensation equal to the difference between that weekly benefit amount and the weekly benefit amount for the expired benefit year.
  • 15 U.S.C. § 9025(b)(4)(B)(iv)
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    (iv) The State shall determine rights to pandemic emergency unemployment compensation without regard to any rights to regular compensation if the individual elects to not file a claim for regular compensation under the new benefit year.
  • 15 U.S.C. § 9025(c)(1)
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    (1) There shall be paid to each State that has entered into an agreement under this section an amount equal to 100 percent of the pandemic emergency unemployment compensation paid to individuals by the State pursuant to such agreement.
  • 15 U.S.C. § 9025(c)(2)
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    (2) No payment shall be made to any State under this section in respect of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this section or chapter 85 of title 5. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this section in respect of such compensation.
  • 15 U.S.C. § 9025(c)(3)
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    (3) Sums payable to any State by reason of such State having an agreement under this section shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9025(d)(1)(A)
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    (A) Funds in the extended unemployment compensation account (as established by section 905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the making of payments to States having agreements entered into under this section.
  • 15 U.S.C. § 9025(d)(2)(A)
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    (A) There are appropriated out of the employment security administration account (as established by section 901(a) of the Social Security Act (42 U.S.C. 1101(a))3 of the Unemployment Trust Fund, without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the costs of administration of agreements under this section.
  • 15 U.S.C. § 9025(d)(3)
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    (3) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this subsection. The Secretary of the Treasury, prior to audit or settlement by the Government Accountability Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as so established) to the account of such State in the Unemployment Trust Fund (as so established).
  • 15 U.S.C. § 9025(e)(1)(A)
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    (A) shall be ineligible for further pandemic emergency unemployment compensation under this section in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and
  • 15 U.S.C. § 9025(e)(2)
    Go to provision →
    (2) In the case of individuals who have received amounts of pandemic emergency unemployment compensation under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic emergency unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that—
    (A) the payment of such pandemic emergency unemployment compensation was without fault on the part of any such individual; and
    (B) such repayment would be contrary to equity and good conscience.
  • 15 U.S.C. § 9025(e)(3)(A)
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    (A) The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any pandemic emergency unemployment compensation payable to such individual under this section or from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individuals received the payment of the pandemic emergency unemployment compensation to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State.
  • 15 U.S.C. § 9025(e)(4)
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    (4) Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent.
  • 15 U.S.C. § 9025(f)
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    (f) In this section, the terms “compensation”, “regular compensation”, “extended compensation”, “benefit year”, “base period”, “State”, “State agency”, “State law”, and “week” have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
  • 15 U.S.C. § 9026(a)(1)
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    (1) Subject to paragraph (3), there shall be paid to a State an amount equal to 100 percent of the amount of short-time compensation paid under a short-time compensation program (as defined in section 3306(v) of title 26) under the provisions of the State law.
  • 15 U.S.C. § 9026(a)(2)
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    (2) Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9026(a)(3)(A)
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    (A) No payments shall be made to a State under this section for short-time compensation paid to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for a week of total unemployment.
  • 15 U.S.C. § 9026(a)(3)(B)
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    (B) No payments shall be made to a State under this section for benefits paid to an individual by the State under a short-time compensation program if such individual is employed by the participating employer on a seasonal, temporary, or intermittent basis.
  • 15 U.S.C. § 9026(b)
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    (b) Payments to a State under subsection (a) shall be available for weeks of unemployment—
    (1) beginning on or after March 27, 2020; and
    (2) ending on or before September 6, 2021.
  • 15 U.S.C. § 9026(c)
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    (c) Subject to subsection (b)(2), if at any point after March 27, 2020, the State enacts a State law providing for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of title 26, the State shall be eligible for payments under this section after the effective date of such enactment.
  • 15 U.S.C. § 9026(d)(2)
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    (2) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section.
  • 15 U.S.C. § 9026(e)(2)
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    (2) The terms “State”, “State agency”, and “State law” have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
  • 15 U.S.C. § 9027(a)(1)
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    (1) Any State which desires to do so may enter into, and participate in, an agreement under this section with the Secretary provided that such State’s law does not provide for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of title 26).
  • 15 U.S.C. § 9027(a)(2)
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    (2) Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
  • 15 U.S.C. § 9027(b)(1)
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    (1) Any agreement under this section shall provide that the State agency of the State will make payments of short-time compensation under a plan approved by the State. Such plan shall provide that payments are made in accordance with the requirements under section 3306(v) of title 26.
  • 15 U.S.C. § 9027(b)(2)(A)
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    (A) A short-time compensation plan approved by a State shall not permit the payment of short-time compensation to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for a week of total unemployment.
  • 15 U.S.C. § 9027(b)(2)(B)
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    (B) A short-time compensation plan approved by a State shall not provide payments to an individual if such individual is employed by the participating employer on a seasonal, temporary, or intermittent basis.
  • 15 U.S.C. § 9027(b)(3)
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    (3) Any short-time compensation plan entered into by an employer must provide that the employer will pay the State an amount equal to one-half of the amount of short-time compensation paid under such plan. Such amount shall be deposited in the State’s unemployment fund and shall not be used for purposes of calculating an employer’s contribution rate under section 3303(a)(1) of title 26.
  • 15 U.S.C. § 9027(c)(1)
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    (1) There shall be paid to each State with an agreement under this section an amount equal to—
    (A) one-half of the amount of short-time compensation paid to individuals by the State pursuant to such agreement; and
    (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
  • 15 U.S.C. § 9027(c)(1)(A)
    Go to provision →
    (A) one-half of the amount of short-time compensation paid to individuals by the State pursuant to such agreement; and
  • 15 U.S.C. § 9027(c)(1)(B)
    Go to provision →
    (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
  • 15 U.S.C. § 9027(c)(2)
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    (2) Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
  • 15 U.S.C. § 9027(c)(4)
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    (4) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section.
  • 15 U.S.C. § 9027(e)
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    (e) If a State has entered into an agreement under this section and subsequently enacts a State law providing for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of title 26, the State—
    (1) shall not be eligible for payments under this section for weeks of unemployment beginning after the effective date of such State law; and
    (2) subject to section 9026(b)(2) of this title, shall be eligible to receive payments under section 9026 of this title after the effective date of such State law.
  • 15 U.S.C. § 9027(e)(1)
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    (1) shall not be eligible for payments under this section for weeks of unemployment beginning after the effective date of such State law; and
  • 15 U.S.C. § 9027(e)(2)
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    (2) subject to section 9026(b)(2) of this title, shall be eligible to receive payments under section 9026 of this title after the effective date of such State law.
  • 15 U.S.C. § 9027(f)(2)
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    (2) The terms “State”, “State agency”, and “State law” have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
  • 15 U.S.C. § 9028(a)(1)
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    (1) The Secretary shall award grants to States that enact short-time compensation programs (as defined in subsection (i)(2)) for the purpose of implementation or improved administration of such programs.
  • 15 U.S.C. § 9028(a)(2)
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    (2) The Secretary shall award grants to States that are eligible and submit plans for a grant under paragraph (1) for such States to promote and enroll employers in short-time compensation programs (as so defined).
  • 15 U.S.C. § 9028(a)(3)(B)
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    (B) A State administering a short-time compensation program that does not meet the definition of a short-time compensation program under section 3306(v) of title 26, and a State with an agreement under section 9027 of this title, shall not be eligible to receive a grant under this section until such time as the State law of the State provides for payments under a short-time compensation program that meets such definition and such law.
  • 15 U.S.C. § 9028(b)(1)
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    (1) The maximum amount available for making grants to a State under paragraphs (1) and (2) shall be equal to the amount obtained by multiplying $100,000,000 (less the amount used by the Secretary under subsection (e)) by the same ratio as would apply under subsection (a)(2)(B) of section 1103 of title 42 for purposes of determining such State’s share of any excess amount (as described in subsection (a)(1) of such section) that would have been subject to transfer to State accounts, as of October 1, 2019, under the provisions of subsection (a) of such section.
  • 15 U.S.C. § 9028(b)(2)
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    (2) Of the maximum incentive payment determined under paragraph (1) with respect to a State—
    (A) one-third shall be available for a grant under subsection (a)(1); and
    (B) two-thirds shall be available for a grant under subsection (a)(2).
  • 15 U.S.C. § 9028(c)(1)
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    (1) Any State seeking a grant under paragraph (1) or (2) of subsection (a) shall submit an application to the Secretary at such time, in such manner, and complete with such information as the Secretary may require. In no case may the Secretary award a grant under this section with respect to an application that is submitted after December 31, 2023.
  • 15 U.S.C. § 9028(c)(2)
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    (2) The Secretary shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary’s findings with respect to the requirements for a grant under paragraph (1) or (2) (or both) of subsection (a).
  • 15 U.S.C. § 9028(c)(3)
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    (3) If the Secretary finds that the State law provisions meet the requirements for a grant under subsection (a), the Secretary shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the grant payment to be transferred to the State account in the Unemployment Trust Fund (as established in section 1104(a) of title 42) pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer to the State account within 7 days after receiving such certification.
  • 15 U.S.C. § 9028(c)(4)
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    (4) No certification of compliance with the requirements for a grant under paragraph (1) or (2) of subsection (a) may be made with respect to any State whose—
    (A) State law is not otherwise eligible for certification under section 503 of title 42 or approvable under section 3304 of title 26; or
    (B) short-time compensation program is subject to discontinuation or is not scheduled to take effect within 12 months of the certification.
  • 15 U.S.C. § 9028(c)(4)(A)
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    (A) State law is not otherwise eligible for certification under section 503 of title 42 or approvable under section 3304 of title 26; or
  • 15 U.S.C. § 9028(f)
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    (f) The Secretary shall establish a process under which the Secretary shall recoup the amount of any grant awarded under paragraph (1) or (2) of subsection (a) if the Secretary determines that, during the 5-year period beginning on the first date that any such grant is awarded to the State, the State—
    (1) terminated the State’s short-time compensation program; or
    (2) failed to meet appropriate requirements with respect to such program (as established by the Secretary).
  • 15 U.S.C. § 9028(f)(1)
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    (1) terminated the State’s short-time compensation program; or
  • 15 U.S.C. § 9028(h)
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    (h) The Secretary may establish reporting requirements for States receiving a grant under this section in order to provide oversight of grant funds.
  • 15 U.S.C. § 9028(i)(3)
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    (3) The terms “State”, “State agency”, and “State law” have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
  • 15 U.S.C. § 9029(a)
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    (a) In order to assist States in establishing, qualifying, and implementing short-time compensation programs (as defined in section 3306(v) of title 26), the Secretary of Labor (in this section referred to as the “Secretary”) shall—
    (1) develop model legislative language, or disseminate existing model legislative language, which may be used by States in developing and enacting such programs, and periodically review and revise such model legislative language;
    (2) provide technical assistance and guidance in developing, enacting, and implementing such programs; and
    (3) establish reporting requirements for States, including reporting on—
    (A) the number of estimated averted layoffs;
    (B) the number of participating employers and workers; and
    (C) such other items as the Secretary of Labor determines are appropriate.
  • 15 U.S.C. § 9029(a)(1)
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    (1) develop model legislative language, or disseminate existing model legislative language, which may be used by States in developing and enacting such programs, and periodically review and revise such model legislative language;
  • 15 U.S.C. § 9029(a)(3)
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    (3) establish reporting requirements for States, including reporting on—
    (A) the number of estimated averted layoffs;
    (B) the number of participating employers and workers; and
    (C) such other items as the Secretary of Labor determines are appropriate.
  • 15 U.S.C. § 9029(b)
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    (b) The model language and guidance developed under subsection (a) shall allow sufficient flexibility by States and participating employers while ensuring accountability and program integrity.
  • 15 U.S.C. § 9029(c)
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    (c) In developing the model legislative language and guidance under subsection (a), and in order to meet the requirements of subsection (b), the Secretary shall consult with employers, labor organizations, State workforce agencies, and other program experts. Existing model legislative language that has been developed through such a consultative process shall be deemed to meet the consultation requirement of this subsection.
  • 15 U.S.C. § 9033
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    Each State participating in an agreement under any of the preceding sections of this subtitle shall have in effect a method to address any circumstances in which, during any period during which such agreement is in effect, claimants of unemployment compensation refuse to return to work or to accept an offer of suitable work without good cause. Such method shall include the following:
  • 15 U.S.C. § 9033(1)
    Go to provision →
    (1) A reporting method for employers, such as through a phone line, email, or online portal, to notify the State agency when an individual refuses an offer of employment.
  • 15 U.S.C. § 9033(2)
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    (2) A plain-language notice provided to such claimants about State return to work laws, rights to refuse to return to work or to refuse suitable work, including what constitutes suitable work, and a claimant’s right to refuse work that poses a risk to the claimant’s health or safety, and information on contesting the denial of a claim that has been denied due to a report by an employer that the claimant refused to return to work or refused suitable work.
  • 15 U.S.C. § 9034(b)(3)
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    (3) to make grants to States or territories administering unemployment compensation programs described in subsection (a) (including territories administering the Pandemic Unemployment Assistance program under section 9021 of this title) for such purposes, including the establishment of procedures or the building of infrastructure to verify or validate identity, implement Federal guidance regarding fraud detection and prevention, and accelerate claims processing or process claims backlogs due to the pandemic.
  • 15 U.S.C. § 9034(c)
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    (c) As a condition of receiving a grant under subsection (b)(3), the Secretary may require that a State or territory receiving such a grant shall—
    (1) use such program integrity tools as the Secretary may specify; and
    (2) as directed by the Secretary, conduct user accessibility testing on any new system developed by the Secretary pursuant to subsection (b)(2).
  • 15 U.S.C. § 9042(a)
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    (a) Notwithstanding any other provision of law, to provide liquidity to eligible businesses, States, and municipalities related to losses incurred as a result of coronavirus, the Secretary is authorized to make loans, loan guarantees, and other investments in support of eligible businesses, States, and municipalities that do not, in the aggregate, exceed $0 and provide the subsidy amounts necessary for such loans, loan guarantees, and other investments in accordance with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
  • 15 U.S.C. § 9042(b)(4)
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    (4) Not more than the sum of $0 and any amounts available under paragraphs (1), (2), and (3) that are not used as provided under those paragraphs shall be available to make loans and loan guarantees to, and other investments in, programs or facilities established by the Board of Governors of the Federal Reserve System for the purpose of providing liquidity to the financial system that supports lending to eligible businesses, States, or municipalities by—
    (A) purchasing obligations or other interests directly from issuers of such obligations or other interests;
    (B) purchasing obligations or other interests in secondary markets or otherwise; or
    (C) making loans, including loans or other advances secured by collateral.
  • 15 U.S.C. § 9042(c)(3)(E)
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    (E) The Secretary shall endeavor to seek the implementation of a program or facility in accordance with subsection (b)(4) that provides liquidity to the financial system that supports lending to States and municipalities.
  • 15 U.S.C. § 9042(d)(3)
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    (3) The principal amount of any obligation issued by an eligible business, State, or municipality under a program described in subsection (b) shall not be reduced through loan forgiveness.
  • 15 U.S.C. § 9058(a)(1)(A)(ii)
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    (ii) without a lease or with a lease terminable under State law; and
  • 15 U.S.C. § 9058a(b)(1)(A)
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    (A) The amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of such subsection shall be allocated and paid to eligible grantees described in subparagraph (B) in the same manner as the amount appropriated under subsection (a)(1) of section 801 of title 42 is allocated and paid to States and units of local government under subsections (b) and (c) of such section, and shall be subject to the same requirements, except that—
    (i) the deadline for payments under section 801(b)(1) of such title shall, for purposes of payments under this section, be deemed to be not later than 30 days after December 27, 2020;
    (ii) the amount referred to in paragraph (3) of section 801(c) of such title shall be deemed to be the amount appropriated under paragraph (1) of subsection (a) of this Act1 that remains after the application of paragraph (2) of such subsection;
    (iii) section 801(c) of title 42 shall be applied—
    (I) by substituting “1 of the 50 States or the District of Columbia” for “1 of the 50 States” each place it appears;
    (II) in paragraph (2)(A), by substituting “$200,000,000” for “$1,250,000,000”;
    (III) in paragraph (2)(B), by substituting “each of the 50 States and District of Columbia” for “each of the 50 States”;
    (IV) in paragraph (4), by substituting “excluding the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa” for “excluding the District of Columbia and territories specified in subsection (a)(2)(A)”; and
    (V) without regard to paragraph (6);
    (iv) section 801(d) of such title shall not apply to such payments; and
    (v) section 801(e) of such title2 shall be applied—
    (I) by substituting “under section 9058a of title 15” for “under this section”; and
    (II) by substituting “local government elects to receive funds from the Secretary under section 9058a of title 15 and will use the funds in a manner consistent with such section” for “local government’s proposed uses of the funds are consistent with subsection (d)”.
  • 15 U.S.C. § 9058a(b)(1)(A)(iii)(I)
    Go to provision →
    (I) by substituting “1 of the 50 States or the District of Columbia” for “1 of the 50 States” each place it appears;
  • 15 U.S.C. § 9058a(b)(1)(A)(iii)(III)
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    (III) in paragraph (2)(B), by substituting “each of the 50 States and District of Columbia” for “each of the 50 States”;
  • 15 U.S.C. § 9058a(b)(1)(B)(i)
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    (i) A State that is 1 of the 50 States or the District of Columbia.
  • 15 U.S.C. § 9058a(b)(1)(B)(ii)
    Go to provision →
    (ii) A unit of local government located in a State described in clause (i).
  • 15 U.S.C. § 9058a(i)(2)
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    (2) If the Inspector General of the Department of the Treasury determines that a State, Tribal government, or unit of local government has failed to comply with subsection (c), the amount equal to the amount of funds used in violation of such subsection shall be booked as a debt of such entity owed to the Federal Government. Amounts recovered under this subsection shall be deposited into the general fund of the Treasury.
  • 15 U.S.C. § 9058a(j)
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    (j) Assistance provided to a household from a payment made under this section shall not be regarded as income and shall not be regarded as a resource for purposes of determining the eligibility of the household or any member of the household for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.
  • 15 U.S.C. § 9058a(k)(2)(A)
    Go to provision →
    (A) A State (as defined in section 801(g)(4) of title 42.
  • 15 U.S.C. § 9058b(a)
    Go to provision →
    (a) In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services (in this section referred to as the “Secretary”) for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $500,000,000, to remain available until expended, for grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services, by providing funds to owners or operators of public water systems or treatment works to reduce arrearages of and rates charged to such households for such services.
  • 15 U.S.C. § 9058b(b)(1)
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    (1) allot amounts appropriated in this section to a State or Indian Tribe based on—
    (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, with income equal or less than 150 percent of the Federal poverty line; and
    (B) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of monthly income on housing; and
  • 15 U.S.C. § 9058b(b)(1)(A)
    Go to provision →
    (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, with income equal or less than 150 percent of the Federal poverty line; and
  • 15 U.S.C. § 9058b(b)(1)(B)
    Go to provision →
    (B) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of monthly income on housing; and
  • 15 U.S.C. § 9058b(c)
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    (c) In this section, the term “State” means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
  • 15 U.S.C. § 9058c(b)(1)(A)
    Go to provision →
    (A) The amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of such subsection shall be allocated to eligible grantees described in subparagraphs (A) and (B) of subsection (f)(1) in the same manner as the amount appropriated under section 9058a of this title is allocated to States and units of local government under subsection (b)(1) of such section, except that section 9058a(b) of this title shall be applied—
    (i) without regard to clause (i) of paragraph (1)(A);
    (ii) by deeming the amount appropriated under paragraph (1) of subsection (a) of this Act1 that remains after the application of paragraph (2) of such subsection to be the amount deemed to apply for purposes of applying clause (ii) of section 9058a(b)(1)(A) of this title;
    (iii) by substituting “$152,000,000” for “$200,000,000” each place such term appears;
    (iv) in subclause (I) of such section 9058a(b)(1)(A)(v) of this title, by substituting “under section 9058c of title 15” for “under section 9058a of title 15”; and
    (v) in subclause (II) of such section 9058a(b)(1)(A)(v) of this title, by substituting “local government elects to receive funds from the Secretary under section 9058c of title 15 and will use the funds in a manner consistent with such section” for “local government elects to receive funds from the Secretary under section 9058a of title 15 and will use the funds in a manner consistent with such section”.
  • 15 U.S.C. § 9058c(f)(1)(A)
    Go to provision →
    (A) The 50 States of the United States and the District of Columbia.
  • 15 U.S.C. § 9058d(b)(3)(A)
    Go to provision →
    (A) a State; or
  • 15 U.S.C. § 9058d(b)(7)
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    (7) The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
  • 15 U.S.C. § 9058d(c)(1)(F)
    Go to provision →
    (F) reimbursement of funds expended by a State, local government, or designated entity under subsection (f) during the period beginning on January 21, 2020, and ending on the date that the first funds are disbursed by the eligible entity under the Homeowner Assistance Fund, for the purpose of providing housing or utility payment assistance to homeowners or otherwise providing funds to prevent foreclosure or post-foreclosure eviction of a homeowner or prevent mortgage delinquency or loss of housing or utilities as a response to the coronavirus disease (COVID) pandemic; and
  • 15 U.S.C. § 9058d(d)(1)(A)
    Go to provision →
    (A) to the Department of the Treasury, an amount not to exceed $40,000,000 to administer and oversee the Fund, and to provide technical assistance to eligible entities for the creation and implementation of State and tribal programs to administer assistance from the Fund; and
  • 15 U.S.C. § 9058d(d)(2)
    Go to provision →
    (2) After the application of paragraphs (1), (4), and (5) of this subsection and subject to paragraph (3) of this subsection, the Secretary shall allocate the remaining funds available within the Homeowner Assistance Fund to each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico based on homeowner need, for such State relative to all States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, as of March 11, 2021, which is determined by reference to—
    (A) the average number of unemployed individuals measured over a period of time not fewer than 3 months and not more than 12 months; and
    (B) the total number of mortgagors with—
    (i) mortgage payments that are more than 30 days past due; or
    (ii) mortgages in foreclosure.
  • 15 U.S.C. § 9058d(d)(3)(A)
    Go to provision →
    (A) Each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico shall receive no less than $50,000,000 for the purposes established in (c)1.
  • 15 U.S.C. § 9058d(d)(3)(B)
    Go to provision →
    (B) The Secretary shall adjust on a pro rata basis the amount of the payments for each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico determined under this subsection without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A).
  • 15 U.S.C. § 9058d(e)(2)
    Go to provision →
    (2) If a State does not request allocated funds by the 45th day after March 11, 2021, such State shall not be eligible for a payment from the Secretary pursuant to this section, and the Secretary shall, by the 180th day after March 11, 2021, reallocate any funds that were not requested by such State among the States that have requested funds by the 45th day after March 11, 2021. For any such reallocation of funds, the Secretary shall adhere to the requirements of subsection (d), except for paragraph (1), to the greatest extent possible, provided that the Secretary shall also take into consideration in determining such reallocation a State’s remaining need and a State’s record of using payments from the Fund to serve homeowners at disproportionate risk of mortgage default, foreclosure, or displacement, including homeowners having incomes equal to or less than 100 percent of the area median income for their household size or 100 percent of the median income for the United States, as determined by the Secretary of Housing and Urban Development, whichever is greater, and minority homeowners.
  • 15 U.S.C. § 9062
    Go to provision →
    Nothing in this part shall be construed to allow the Secretary to provide relief to eligible businesses, States, and municipalities except in the form of loans, loan guarantees, and other investments as provided in this part and under terms and conditions that are in the interest of the Federal Government.
  • 15 U.S.C. § 9111(a)(3)(A)(i)(VI)
    Go to provision →
    (VI) payment of a State or local tax assessed on employees with respect to compensation; or
  • 15 U.S.C. § 9111(a)(4)(D)(i)(III)
    Go to provision →
    (III) a vessel providing pilotage services and regulated by a State in accordance with chapter 85 of that title;
  • 15 U.S.C. § 9111(e)(2)(A)
    Go to provision →
    (A) be considered an overpayment for purposes of any State or Federal unemployment law; or
  • 15 U.S.C. § 9111(e)(2)(B)
    Go to provision →
    (B) be subject to any overpayment recovery efforts by a State agency (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (U.S.C. 3304 note2 )).
  • 15 U.S.C. § 9121(b)(4)(C)(i)
    Go to provision →
    (i) the sponsor shall provide such relief from March 21, 2021, until the sponsor has provided relief equaling the total grant amount, to the extent practicable and to the extent permissible under State laws, local laws, and applicable trust indentures; and
  • 15 U.S.C. § 9131(8)
    Go to provision →
    (8) The term “total compensation level” means the level of total base compensation and benefits being provided to an eligible employee group employee, excluding overtime and premium pay, and excluding any Federal, State, or local payroll taxes paid, as of April 1, 2020.

Citations to §9041(11)