15 U.S.C. § 9095 — Protection of collective bargaining agree-

Page 2552 TITLE 15—COMMERCE AND TRADE § 9095 shall enter into an agreement with the Sec- retary, 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 fur- loughs 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 ex- pends such financial assistance, whichever is later; (2) ensure that neither the passenger air car- rier or contractor nor any affiliate of the pas- senger 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 securi- ties 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 ex- pends 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 ex- pends such financial assistance, whichever is later; and (4) meet the requirements of sections 9095 and 9096 of this title. (b) Recalls of employees An agreement or certification under this sec- tion shall require a passenger air carrier or con- tractor to perform the following actions: (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 em- ployees 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 lim- ited to, furlough pay, severance pay, or sepa- ration 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 con- tractor enters into an agreement with the Secretary with respect to financial assist- ance under this part; and (C) restore the rights and protections for such returning employees as if such employ- ees had not been involuntarily furloughed. (2) In the case of a passenger air carrier or contractor that did not receive financial as- sistance 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 (off- set by any amounts received by the em- ployee from a passenger air carrier or con- tractor as a result of the employee’s fur- lough, including, but not limited to, fur- lough pay, severance pay, or separation pay) between— (i) in the case of a passenger air carrier, December 1, 2020, and the date such pas- senger air carrier enters into an agree- ment with the Secretary for financial as- sistance under this part; or (ii) in the case of a contractor, December 27, 2020, and the date on which such con- tractor enters into an agreement with the Secretary with respect to financial assist- ance under this part; and (C) restore the rights and protections for such returning employees as if such employ- ees had not been involuntarily furloughed. (Pub. L. 116–260, div. N, title IV, § 404, Dec. 27, 2020, 134 Stat. 2055.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 401–412) of title IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2052, which enacted this part and amended sections 9041, 9071, and 9074 of this title. For complete classifica- tion of subtitle A to the Code, see Tables. Title IV of the CARES Act, referred to in subsec. (b), is title IV of div. A of Pub. L. 116–136, Mar. 27, 2020, 134 Stat. 469, which is classified principally to parts A (§ 9041 et seq.) and B (§ 9071 et seq.) of this subchapter. For complete classification of title IV to the Code, see Tables. CODIFICATION Section was enacted as part of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and also as part of the Consolidated Appropria- tions Act, 2021, and not as part of the CARES Act which in part comprises this chapter. § 9095. Protection of collective bargaining agree- ments (a) In general Neither the Secretary, nor any other actor, de- partment, or agency of the Federal Government, Page 2553 TITLE 15—COMMERCE AND TRADE § 9097 shall condition the issuance of financial assist- ance under this part on a passenger air carrier’s or contractor’s implementation of measures to enter into negotiations with the certified bar- gaining representative of a craft or class of em- ployees of the passenger air carrier or con- tractor 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. (b) Passenger air carrier period of effect With respect to any passenger air carrier to which financial assistance is provided under this part, this section shall be in effect with respect to the passenger air carrier for the period begin- ning on the date on which the passenger air car- rier is first issued such financial assistance and ending on March 31, 2021. (c) Contractor period of effect With respect to any contractor to which finan- cial assistance is provided under this part, this section shall be in effect with respect to the con- tractor beginning on the date on which the con- tractor is first issued such financial assistance and ending on March 31, 2021, or until the date on which all funds are expended, whichever is later. (Pub. L. 116–260, div. N, title IV, § 405, Dec. 27, 2020, 134 Stat. 2057.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 401–412) of title IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2052, which enacted this part and amended sections 9041, 9071, and 9074 of this title. For complete classifica- tion of subtitle A to the Code, see Tables. The Railway Labor Act, referred to in subsec. (a), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Rail- roads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. The National Labor Relations Act, referred to in sub- sec. (a), is act July 5, 1935, ch. 372, 49 Stat. 449, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables. CODIFICATION Section was enacted as part of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and also as part of the Consolidated Appropria- tions Act, 2021, and not as part of the CARES Act which in part comprises this chapter. § 9096. Limitation on certain employee com- pensation (a) In general The Secretary may only provide financial as- sistance under this part to a passenger air car- rier or contractor after such carrier or con- tractor enters into an agreement with the Sec- retary that provides that, during the 2-year pe- riod beginning October 1, 2020, and ending Octo- ber 1, 2022— (1) no officer or employee of the passenger air carrier or contractor whose total com- pensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensa- tion is determined through an existing collec- tive bargaining agreement entered into prior to December 27, 2020) will receive from the pas- senger air carrier or contractor— (A) total compensation that exceeds, dur- ing 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 pas- senger air carrier or contractor which ex- ceeds twice the maximum total compensa- tion 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 com- pensation 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 of- ficer or employee from the passenger air car- rier or contractor 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 a passenger air carrier or contractor to an officer or em- ployee of the passenger air carrier or contractor. (Pub. L. 116–260, div. N, title IV, § 406, Dec. 27, 2020, 134 Stat. 2057.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsec. (a), was in the origi- nal ‘‘this subtitle’’, meaning subtitle A (§§ 401–412) of title IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2052, which enacted this part and amended sec- tions 9041, 9071, and 9074 of this title. For complete clas- sification of subtitle A to the Code, see Tables. CODIFICATION Section was enacted as part of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and also as part of the Consolidated Appropria- tions Act, 2021, and not as part of the CARES Act which in part comprises this chapter. § 9097. Minimum air service guarantees (a) In general The Secretary of Transportation is authorized to require, to the extent reasonable and prac- ticable, an air carrier provided financial assist- ance under this part to maintain scheduled air transportation, as the Secretary of Transpor- tation determines necessary, to ensure services to any point served by that air carrier before March 1, 2020. (b) Required considerations When considering whether to exercise the au- thority provided by this section, the Secretary of Transportation shall take into consideration