Title 15Commerce and TradeRelease 119-73

§9074 Required assurances

Title 15 › Chapter CHAPTER 116— - CORONAVIRUS ECONOMIC STABILIZATION (CARES ACT) › Subchapter SUBCHAPTER III— - ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED SECTORS OF THE UNITED STATES ECONOMY › Part Part B— - Air Carrier Worker Support › § 9074

Last updated Apr 6, 2026|Official source

Summary

To get government financial help, an air carrier or contractor must agree with the Secretary (or certify as the Secretary requires) to four things: not force furloughs or cut pay or benefits until September 30, 2020; through September 30, 2021, make sure neither it nor its affiliates buy stock listed on a national exchange; through September 30, 2021, not pay dividends or other capital distributions on common stock; and follow the rules in sections 9075 and 9076. The Secretary of Transportation can require carriers getting aid to keep scheduled service to any place they served before March 1, 2020. The Secretary must consider small and remote communities and medical supply chains. That power ends on March 1, 2022. If a contractor spends funds after December 27, 2020, the no-furlough, no-stock-purchase, and no-dividend rules keep applying until those dates or until the aid is fully spent, whichever is later. Contractors named in section 9071(3)(A)(i) must report by April 5, 2021 how much they spent through March 31, 2021. If they spent less than the full amount, the Secretary will seek recovery of unspent funds by April 30, 2021. If a contractor had unspent aid on December 27, 2020 and had involuntary furloughs or pay cuts from March 27, 2020 until it agreed to the aid, it must recall those workers by January 4, 2021. The Treasury Secretary can waive that recall if the contractor certifies it lacks funds to keep recalled workers for more than two weeks, and the Treasury Inspector General will audit such certifications.

Full Legal Text

Title 15, §9074

Commerce and Trade — Source: USLM XML via OLRC

(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 section 9075 and 9076 of this title.
(b)(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.
(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.
(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.
(c)(1)If, after December 27, 2020, a contractor expends any funds made available pursuant to section 9072 of this title and distributed pursuant to section 9073 of this title, the assurances in paragraphs (1) through (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)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.
(d)(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.
(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.
(3)The Inspector General of the Department of the Treasury shall audit certifications made under paragraph (2).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Reference

Citations & Metadata

Citation

15 U.S.C. § 9074

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73