Statement on Signing the CARES Act — March 27, 2020 (Constitutional Statement)

Summary

In this statement dated March 27, 2020, Donald J. Trump announces that he signed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act, and notes that several provisions raise constitutional concerns. The statement says the Administration will treat as hortatory but not mandatory a requirement that the Chairperson of the Council of the Inspectors General on Integrity and Efficiency consult with Congress on staffing the Pandemic Response Accountability Committee. It says the Administration will not treat section 4018(e)(4)(B) as permitting the Special Inspector General for Pandemic Recovery (SIGPR) to issue reports to Congress without presidential supervision. It also says spending decisions will not be treated as dependent on the approval of congressional committees.

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1 
Administration of Donald J. Trump, 2020 
Statement on Signing the Coronavirus Aid, Relief, and Economic Security Act 
March 27, 2020 
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 15010(c)(3)(B) of Division B of the Act purports to require the Chairperson of the 
Council of the Inspectors General on Integrity and Efficiency to consult with members of the 
Congress regarding the selection of the Executive Director and Deputy Executive Director for the 
newly formed Pandemic Response Accountability Committee. The Committee is an executive 
branch entity charged with conducting and coordinating oversight of the Federal Government's 
response to the coronavirus outbreak. I anticipate that the Chairperson will be able to consult with 
members of the Congress with respect to these hiring decisions and will welcome their input. But 
a requirement to consult with the Congress regarding executive decision-making, including with 
respect to the President's Article II authority to oversee executive branch operations, violates the 
separation of powers by intruding upon the President's power and duty to supervise the staffing of 
the executive branch under Article II, section 1 (vesting the President with the "executive 
Power") and Article II, section 3 (instructing the President to "take Care" that the laws are 
faithfully executed). Accordingly, my Administration will treat this provision as hortatory but not 
mandatory. 
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. 
Certain other provisions (such as sections 20001, 21007, and 21010 of Division B of the 
Act) purport to condition the authority of officers to spend or reallocate funds upon consultation 
with, or the approval of, one or more congressional committees. These provisions are 
impermissible forms of congressional aggrandizement with respect to the execution of the laws. 
The Congress may affect the execution of the laws only by enacting a new statute in accordance 
with the requirements of bicameralism and presentment prescribed in Article I, section 7. My 
Administration will make appropriate efforts to notify the relevant committees before taking the 
specified actions and will accord the recommendations of such committees all appropriate and 
serious consideration, but it will not treat spending decisions as dependent on prior consultation 
with or the approval of congressional committees. 
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. 

2 
DONALD J. TRUMP 
The White House, 
March 27, 2020. 
NOTE: H.R. 748, approved March 27, was assigned Public Law No. 116–136. An original was 
not available for verification of the content of this statement. 
Categories: Bill Signings and Vetoes : Coronavirus Aid, Relief, and Economic Security Act :: 
Signing statement. 
Subjects: Diseases : Coronavirus, domestic prevention efforts; Economy, national : Strengthening 
efforts; Legislation, enacted : Coronavirus Aid, Relief, and Economic Security Act; Presidency, 
U.S. : Constitutional role and powers; Treasury, Department of the : Pandemic Recovery, Special 
Inspector General for. 
DCPD Number: DCPD202000194.

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