Statement by the President: Coronavirus Aid, Relief, and Economic Security (CARES) Act Signed into Law

Statement by the President

Today, I have signed into law H.R. 748, the “Coronavirus Aid, Relief, and Economic Security Act” or the “CARES” Act (the “Act”).  The Act makes emergency supplemental appropriations and other changes to law to help the Nation respond to the coronavirus outbreak.  I note, however, that the Act includes several provisions that raise constitutional concerns.

Section 4018 of Division A of the Act establishes a new Special Inspector General for Pandemic Recovery (SIGPR) within the Department of the Treasury to manage audits and investigations of loans and investments made by the Secretary of the Treasury under the Act.  Section 4018(e)(4)(B) of the Act authorizes the SIGPR to request information from other government agencies and requires the SIGPR to report to the Congress “without delay” any refusal of such a request that “in the judgment of the Special Inspector General” is unreasonable.  I do not understand, and my Administration will not treat, this provision as permitting the SIGPR to issue reports to the Congress without the presidential supervision required by the Take Care Clause, Article II, section 3.

Finally, several provisions (such as sections 3511(d)(4) and 3862 (creating section 744N(d)(1) of the Federal Food, Drug, and Cosmetic Act) of Division A of the Act) purport to require recommendations regarding legislation to the Congress.  Because Article II, section 3 gives the President the authority to recommend only “such Measures as he shall judge necessary and expedient,” my Administration will continue the practice of treating provisions like these as advisory and non-binding.

THE WHITE HOUSE,
March 27, 2020.


 

US Chamber of Commerce CARES Act Resources:
 

• Coronavirus Small Business Guide
• Coronavirus Aid, Relief, and Economic Security Act: What Small Businesses Need to Know