Title 15, Commerce and TradeRelease 119-110

§9043 Limitation on Certain Employee Compensation

Title 15 › CHAPTER 116 — CORONAVIRUS ECONOMIC STABILIZATION (CARES ACT) › SUBCHAPTER III — ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED SECTORS OF THE UNITED STATES ECONOMY › Part A — Coronavirus Economic Stabilization › § 9043

Last updated Sep 22, 2026|Official source

Summary

The government may only make a loan or loan guarantee to a business if the loan agreement limits pay for certain top workers. Those limits start when the agreement is signed and last until one year after the loan or guarantee is no longer outstanding. If an officer or employee earned more than $425,000 in 2019 (except people whose pay is set by a union contract made before March 1, 2020), they cannot be paid more during any 12-month span than they were paid in 2019, and their severance cannot be more than twice their 2019 pay. If someone earned more than $3,000,000 in 2019, their pay for any 12-month span cannot exceed $3,000,000 plus 50% of the amount they earned over $3,000,000 in 2019. "Total compensation" means salary, bonuses, stock awards, and other financial benefits.

Full Legal Text

Title 15, §9043

Commerce and Trade, Source: USLM XML via OLRC

(a)In general

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.

(b)Total compensation defined

In this section, the term “total compensation” includes salary, bonuses, awards of stock, and other financial benefits provided by an eligible business to an officer or employee of the eligible business.

Reference

Citations & Metadata

Citation

15 U.S.C. § 9043

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110