---
kind: "section"
citation: "15 U.S.C. § 9074"
title: "15"
title_heading: "Commerce and Trade"
number: "9074"
heading: "Required assurances"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/9074"
units:
  - "Chapter 116 — Coronavirus Economic Stabilization (cares Act)"
  - "Subchapter III — Economic Stabilization and Assistance to Severely Distressed Sectors of the United States Economy"
  - "Part B — Air Carrier Worker Support"
---

# §9074. Required assurances

- (a) **In general—** To be eligible for financial assistance under this part, an [air carrier](/usc/15/9041.md?p=1) or contractor shall enter into an [agreement](/usc/15/7a.md?p=2) with the [Secretary](/usc/15/9041.md?p=9), or otherwise certify in such form and manner as the [Secretary](/usc/15/9041.md?p=9) shall prescribe, that the [air carrier](/usc/15/9041.md?p=1) 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](/usc/15/9041.md?p=1) or contractor nor any affiliate of the [air carrier](/usc/15/9041.md?p=1) or contractor may, in any transaction, purchase an [equity security](/usc/15/9041.md?p=6) of the [air carrier](/usc/15/9041.md?p=1) or contractor or the parent company of the [air carrier](/usc/15/9041.md?p=1) or contractor that is listed on a [national securities exchange](/usc/15/9041.md?p=8);
  - (3) through September 30, 2021, ensure that the [air carrier](/usc/15/9041.md?p=1) or contractor shall not pay dividends, or make other capital distributions, with respect to the common stock (or equivalent interest) of the [air carrier](/usc/15/9041.md?p=1) or contractor; and
  - (4) meet the requirements of sections [9075](/usc/15/9075.md) and [9076](/usc/15/9076.md) of this title.
- (b) **Department of Transportation Authority to condition assistance on continuation of service—**
  - (1) **In general—** The [Secretary](/usc/15/9041.md?p=9) of Transportation is authorized to require, to the extent reasonable and practicable, an [air carrier](/usc/15/9041.md?p=1) provided financial assistance under this part to maintain scheduled air transportation service, as the [Secretary](/usc/15/9041.md?p=9) of Transportation deems necessary, to ensure services to any point served by that carrier before March 1, 2020.
  - (2) **Required considerations—** When considering whether to exercise the authority provided by this section, the [Secretary](/usc/15/9041.md?p=9) 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](/usc/15/55.md?p=d) and supplies, and pharmaceutical supply chains.
  - (3) **Sunset—** The authority provided under this subsection shall terminate on March 1, 2022, and any requirements issued by the [Secretary](/usc/15/9041.md?p=9) of Transportation under this subsection shall cease to apply after that date.
- (c) **Continued application—**
  - (1) **In general—** If, after December 27, 2020, a contractor expends any funds made available pursuant to [section 9072 of this title](/usc/15/9072.md) and distributed pursuant to [section 9073 of this title](/usc/15/9073.md), the assurances in paragraphs [(1)](#a-1) through [(3)](#a-3) of subsection (a) shall continue to apply until the dates included in such paragraphs, or the date on which the contractor fully expends such financial assistance, whichever is later.
  - (2) **Special rule—** Not later than April 5, 2021, each contractor described in [section 9071(3)(A)(i) of this title](/usc/15/9071.md?p=3-A-i) that has received funds pursuant to such [section 9072 of this title](/usc/15/9072.md) shall report to the [Secretary](/usc/15/9041.md?p=9) 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](/usc/15/9041.md?p=9) shall initiate an action to recover any funds that remain unexpended as of April 30, 2021.
- (d) **Recall of employees—**
  - (1) **In general—** Subject to [paragraph (2)](#d-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](/usc/15/7a.md?p=2) with the [Secretary](/usc/15/9041.md?p=9) related to financial assistance under this part, shall recall (as defined in [section 9071 of this title](/usc/15/9071.md)) [employees](/usc/15/9041.md?p=5) who were involuntarily furloughed during such period by not later than January 4, 2021.
  - (2) **Waiver—** The [Secretary](/usc/15/9041.md?p=9) of the Treasury shall waive the requirement under [paragraph (1)](#d-1) for a contractor to recall [employees](/usc/15/9041.md?p=5) if the contractor certifies that the contractor has or will have insufficient remaining financial assistance provided under this part to keep recalled [employees](/usc/15/9041.md?p=5) employed for more than two weeks upon returning to work.
  - (3) **Audits—** The Inspector General of the Department of the Treasury shall audit certifications made under [paragraph (2)](#d-2).

## Source credit

(Pub. L. 116–136, div. A, title IV, § 4114, Mar. 27, 2020, 134 Stat. 499; Pub. L. 116–260, div. N, title IV, § 412(a), Dec. 27, 2020, 134 Stat. 2060.)

## Notes

### Editorial Notes

### Amendments

2020—Subsecs. (c), (d). Pub. L. 116–260 added subsecs. (c) and (d).