Congressional Oversight Provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) (R46315, Version 1)
Summary
This Congressional Research Service report (R46315), by Ben Wilhelm and William T. Egar and dated April 17, 2020, is a reference guide to the oversight provisions of the CARES Act (P.L. 116-136). It says the Act creates three new oversight entities: a Congressional Oversight Commission, a Special Inspector General for Pandemic Recovery within the Treasury, and the Pandemic Response Accountability Committee, a group of inspectors general. The commission has five members chosen by House and Senate leadership and terminates on September 30, 2025, and the Special Inspector General is nominated by the President with the advice and consent of the Senate. The Act also gives additional resources to certain Offices of Inspectors General and the Government Accountability Office, and sets new reporting requirements for a range of agencies.
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Full text
Congressional Oversight Provisions in the
Coronavirus Aid, Relief, and Economic
Security (CARES) Act (P.L. 116-136)
Ben Wilhelm
Analyst in Government Organization and Management
William T. Egar
Analyst in American National Government
April 17, 2020
Congressional Research Service
7-....
www.crs.gov
R46315
SUMMARY
R46315
Congressional Oversight Provisions in the
April 17, 2020
Coronavirus Aid, Relief, and Economic Security Ben Wilhelm
(CARES) Act (P.L. 116-136) Analyst in Government
Organization and
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) includes a Management
variety of oversight provisions designed to increase the information available to Congress -redacted-@crs.loc.gov
regarding the federal government’s implementation of the CARES Act and response to the William T. Egar
COVID-19 pandemic more generally. Specifically, the CARES Act: Analyst in American
National Government
establishes a Congressional Oversight Commission, -redacted-@crs.loc.gov
establishes a Special Inspector General for Pandemic Recovery,
For a copy of the full report,
establishes a Pandemic Response Accountability Committee made up of certain please call 7-.... or visit
agencies’ inspectors general, www.crs.gov.
provides additional financial resources for certain Offices of Inspectors General,
creates additional reporting and oversight duties for the Government Accountability Office, and
institutes new reporting requirements on a variety of agencies based on provisions in the CARES Act.
As agencies begin to implement the CARES Act and as the COVID-19 pandemic continues to develop, understanding the
federal resources and information available can help Congress support both its own oversight activity and the consideration
of potential future legislation to respond to COVID-19.
This report is a reference guide to the oversight mechanisms in the CARES Act and a launching pad for deeper consideration
of oversight-related issues. This report complements other CRS products, such as a list of CRS experts covering issue areas
related to other provisions of the CARES Act:
CRS products: Other CRS products on the COVID-19 response efforts can be found on the CRS
Coronavirus Disease 2019 resource page at https://www.crs.gov/resources/coronavirus-disease-2019.
CRS subject matter experts: For a list of points of contact for CRS’s congressional clients with specific
questions regarding the particular authorities and appropriations in the CARES Act, see CRS Report
R46299, Coronavirus Aid, Relief, and Economic Security (CARES) Act: CRS Experts, by William L.
Painter and Diane P. Horn.
Congressional Research Service
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
Contents
Introduction ..................................................................................................................................... 1
Scope of the Report ................................................................................................................... 1
Oversight Provisions ....................................................................................................................... 2
Congressional Oversight Commission ...................................................................................... 3
Provisions Pertaining to Inspectors General ............................................................................. 3
Special Inspector General for Pandemic Recovery............................................................. 3
Pandemic Response Accountability Committee ................................................................. 4
Supplemental Appropriations and Additional Duties for Inspector General Offices .......... 5
Provisions Pertaining to the Government Accountability Office .............................................. 7
GAO Reporting Requirements and Additional Responsibilities ......................................... 8
Agency Reporting, Notice, and Consultation Requirements for Federal Entities and
Sub-Entities ............................................................................................................................ 9
Architect of the Capitol ....................................................................................................... 9
Armed Forces Retirement Home Trust Fund ...................................................................... 9
Board of Governors of the Federal Reserve System ........................................................... 9
Centers for Disease Control and Prevention ..................................................................... 10
Department of Commerce ................................................................................................. 10
Department of Defense ..................................................................................................... 10
Department of Education .................................................................................................. 10
Department of Health and Human Services ....................................................................... 11
Department of Homeland Security ................................................................................... 14
Department of the Interior ................................................................................................ 14
Department of Labor ......................................................................................................... 14
Department of State .......................................................................................................... 15
Department of Transportation ........................................................................................... 15
Department of the Treasury .............................................................................................. 16
Department of Veterans Affairs ......................................................................................... 16
Election Assistance Commission ...................................................................................... 17
Federal Emergency Management Agency ........................................................................ 17
General Services Administration ...................................................................................... 17
House of Representatives .................................................................................................. 18
Internal Revenue Service .................................................................................................. 18
Kennedy Center ................................................................................................................ 18
Register of Copyrights ...................................................................................................... 18
Small Business Administration ......................................................................................... 18
U.S. Patent and Trademark Office .................................................................................... 19
General Provisions for Title VII of Division B ................................................................. 19
Requirements for Testimony ................................................................................................... 19
Chairman of the Board of Governors of the Federal Reserve System .............................. 19
Secretary of the Treasury .................................................................................................. 19
Contacts
Author Contact Information .......................................................................................................... 20
Congressional Research Service
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
Introduction
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) was passed by
Congress and signed into law by President Donald Trump on March 27, 2020. The CARES Act
provides over $2 trillion in relief to individuals; businesses; state, local, and federal agencies; and
industry sectors impacted by the COVID-19 pandemic and the government-led effort to limit its
public health impact.1 Given the scope of the relief provided, the variety of new and existing
programs that are to provide this aid, and the number of individuals and entities receiving aid, the
administration of the CARES Act is likely to be a complicated and significant undertaking by
executive branch agencies and non-federal partners. These complexities may be made even
greater by both pressure to provide relief as swiftly as possible and unique logistical challenges
posed by the ongoing public health emergency.
All of those factors make Congress’s oversight role during the COVID-19 pandemic especially
important and may make it more difficult for Congress to conduct timely oversight. Congress
included a variety of oversight mechanisms in the CARES Act. In addition to requiring executive
branch officers to submit reports on a variety of topics, provide notice before taking specified
actions, and testify before certain committees, the CARES Act provides additional resources to
the Government Accountability Office (GAO) and to Offices of Inspectors General (OIGs) that
may have additional audit and investigative activity due to the CARES Act. In addition, the
CARES Act creates three new oversight entities: a Congressional Oversight Commission, a
Special Inspector General for Pandemic Recovery (SIGPR), and the Pandemic Recovery
Accountability Committee (PRAC, a group of inspectors general). Each of those entities is
empowered to provide oversight of significant aspects of the CARES Act.2
This report is a reference guide for congressional clients interested in understanding the
congressional oversight tools built into the CARES Act. Oversight provisions are broadly
organized into sections related to the nature of the oversight mechanism. Within each of these
sections, agencies and entities are listed in alphabetical order. To the extent practicable, sections
include citations to the CARES Act and to any other relevant laws and regulations.3
Scope of the Report
This report identifies selected provisions4 in the CARES Act that may facilitate Congress’s ability
to provide oversight of its implementation. Congress’s authority to oversee the executive branch
1 See CRS Report R46279, The Coronavirus Aid, Relief, and Economic Security (CARES) Act—Tax Relief for
Individuals and Businesses, coordinated by Molly F. Sherlock; CRS Report R46298, The Coronavirus Relief Fund
(CARES Act, Title V): Background and State and Local Allocations, by Grant A. Driessen; CRS Insight IN11282,
COVID-19 and Direct Payments to Individuals: Summary of the 2020 Recovery Rebates/Economic Impact Payments in
the CARES Act (P.L. 116-136), by Margot L. Crandall-Hollick; and CRS Report R46301, Title IV Provisions of the
CARES Act (P.L. 116-136), coordinated by Andrew P. Scott. For questions about specific aspects of the CARES Act,
see CRS Report R46299, Coronavirus Aid, Relief, and Economic Security (CARES) Act: CRS Experts, by William L.
Painter and Diane P. Horn.
2 For oversight provisions in other coronavirus response legislation, see CRS Insight IN11271, Congressional
Oversight Provisions in P.L. 116-127, the Families First Coronavirus Response Act, by Ben Wilhelm; and CRS Insight
IN11236, Oversight Provisions in H.R. 6074, the Coronavirus Preparedness and Response Supplemental
Appropriations Act, by Ben Wilhelm.
3 Unless otherwise indicated, citations are to the CARES Act.
4 In addition to a manual review of the act, CRS also conducted keyword searches to identify requirements for agencies
and other federal entities to notify, consult with, testify before, or otherwise report to Congress. Specifically, CRS
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Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
extends beyond these explicit requirements and includes many additional tools and requirements.5
The fact that many provisions of the CARES Act do not have explicit reporting requirements or
other more formal oversight mechanisms does not prevent Congress from engaging in oversight
activities related to those programs by seeking information from the executive branch, engaging
with stakeholders, holding hearings, and using legislation to direct activities with specificity.
Requirements on agencies and entities are usually described in this report generally, with minimal
discussion of detailed content requirements. The same is true for descriptions of new and altered
programs. To the extent practicable, the text and footnotes of the report provide citations to the
appropriate provisions of both the CARES Act and existing law to facilitate a more detailed
review.
The report captures those oversight tools that pertain to inspectors general (who already have
obligations to report to Congress in the Inspector General Act of 19786) and provisions that
explicitly provide for congressional involvement. For instance, the CARES Act requires certain
agencies to make information publicly available but does not explicitly direct that this
information be submitted to Congress or its committees. Such provisions are not identified in this
report but may nevertheless be referred to in practice as congressional reporting requirements.7
Provisions included in the CARES Act may trigger reporting of information under other statutes.
Interactions between the CARES Act and current law are not covered in this report.
Oversight Provisions
The CARES Act contains a number of oversight provisions. These include:
the creation of a congressionally appointed oversight commission established in
the legislative branch;
provisions related to inspectors general, including the establishment of SIGPR,
the PRAC within the Council of the Inspectors General on Integrity and
Efficiency (CIGIE), and supplemental appropriations and additional duties
provided for inspectors general across multiple agencies;
additional funding and responsibilities provided to GAO; and
requirements for agencies and entities and their leadership to provide reports to,
consult with, provide notice to, and testify before Congress and its committees
regarding a range of subjects.
Each aforementioned category is discussed in greater detail below.
searched for subsections of the CARES Act for (1) some variation on terms related to reporting requirements (including
report, study, assess, audit, evaluate, communicate, strategy, plan, update, consult, brief, submit, transmit, notify,
certify, update, and provide); and (2) references to Congress or its committees (including the terms Congress, House,
Senate, and committee).
5 See generally CRS Report RL30240, Congressional Oversight Manual, coordinated by Christopher M. Davis, Walter
J. Oleszek, and Ben Wilhelm.
6 5 U.S.C. Appendix.
7 CRS Report R42490, Reexamination of Agency Reporting Requirements: Annual Process Under the GPRA
Modernization Act of 2010 (GPRAMA), by Clinton T. Brass.
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Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
Congressional Oversight Commission
Section 4020 establishes a legislative branch entity called the Congressional Oversight
Commission to conduct oversight of the Department of the Treasury and Federal Reserve Board’s
economic relief activities under Title IV, Subtitle A (Coronavirus Economic Stabilization Act of
2020) of the CARES Act. The commission is similar in structure to the Congressional Oversight
Panel created to participate in the oversight of the Troubled Asset Relief Program in 2008.8
The commission is composed of five members selected by the majority and minority leadership
of the House and the Senate.9 The commission is empowered to request staff to be detailed from
agencies and departments,10 hire experts and consultants,11 conduct hearings,12 and obtain
information from agencies to support its oversight activities.13
The commission is required to report to Congress on the relevant activities of Treasury and the
Federal Reserve Board,14 the impact of the programs on the financial well-being of the nation,15
whether required disclosures in the CARES Act provides market transparency,16 and the
effectiveness of the Coronavirus Economic Stabilization Act of 2020 in minimizing costs and
maximizing benefits for taxpayers.17
The first report of the commission is due within 30 days of Treasury and the Federal Reserve
Board’s first exercise of authority under the act. Additional reports are then due every 30 days
thereafter.18 The commission terminates on September 30, 2025.19
Provisions Pertaining to Inspectors General20
Special Inspector General for Pandemic Recovery
Section 4018 establishes a Special Inspector General for Pandemic Recovery within the Treasury.
The SIGPR is nominated by the President with the advice and consent of the Senate21 and may be
removed from office according to Section 3(b) of the Inspector General Act of 1978.22 The
SIGPR is tasked with conducting audits and investigations of the activities of the Treasury
8 See CRS Insight IN11304, COVID-19 Congressional Oversight Commission (COC), by Jacob R. Straus and William
T. Egar.
9 §4020(c).
10 §4020(d)(3).
11 §4020(d)(2).
12 §4020(e)(1).
13 §4020(e)(4).
14 §4020(b)(2)(A)(i).
15 §4020(b)(2)(A)(ii).
16 §4020(b)(2)(A)(iii).
17 §4020(b)(2)(A)(iv).
18 §4020(b)(2)(B).
19 §4020(f).
20 For information about inspector general authorities and practices, see CRS Report R45450, Statutory Inspectors
General in the Federal Government: A Primer, by Kathryn A. Francis.
21 §4018(b).
22 §4018(b)(3). See also 5 U.S.C. Appendix.
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pursuant to the CARES Act, including the collection of detailed information regarding loans
provided by Treasury.23
The SIGPR is empowered to hire staff24 and enter into contracts25 and has broadly the same
authority and status as inspectors general under the Inspector General Act of 1978.26 The SIGPR
is required to report to the “appropriate committees of Congress” within 60 days of Senate
confirmation, and quarterly thereafter, on the activities of the office over the preceding three
months, including detailed information on Treasury loan programs.27 The SIGPR terminates five
years after the enactment of the CARES Act (i.e., March 27, 2025).28
Section 4027 appropriates a total of $500 billion to Treasury. Of that amount, Section 4018
directs that $25 million shall be made available to the SIGPR as no-year funds (i.e., funds that are
available until expended).29
Pandemic Response Accountability Committee
Section 15010 establishes the PRAC within the CIGIE.30 The PRAC is directed to “promote
transparency and conduct and support oversight” of the government’s coronavirus response in
order to “prevent and detect fraud, waste, abuse, and mismanagement” and “mitigate major risks
that cut across program and agency boundaries.”31 In addition, the PRAC is tasked with
conducting oversight and audits of the coronavirus response as well as coordinating and
supporting related oversight by inspectors general across the federal government.32
The PRAC is composed of the inspectors general of identified agencies as well as any other
inspectors general for agencies involved at the coronavirus response as designated by the
chairperson of the council.33 The CIGIE chairperson designates the PRAC chairperson.34 In
addition, the PRAC is required to appoint an executive director selected in consultation with the
majority and minority leadership of the House and the Senate.35 The PRAC has the same
authority to conduct audits and investigations as inspectors general under the Inspector General
Act of 1978.36
The PRAC is required to provide management alerts to the President and Congress on
“management, risk, and funding” issues that may require immediate attention.37 The PRAC is
also required to report to the President and Congress biannually with a summary of PRAC
23 §4018(c)(1).
24 §4018(e)(1).
25 §4018(e)(2).
26 §4018(d)(1).
27 §4018(f)(1).
28 §4018(h).
29 §4018(g).
30
Title V of Division B, under the Heading “Pandemic Response Accountability Committee.”
31 §15010(b).
32 §15010(d)(1)(A).
33 §15010(c)(2).
34 §15010(c)(1).
35 §15010(c)(3)(B).
36 §15010(e)(3)(A)(i).
37 §15010(d)(2)(A)(i).
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Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
activity and, to the extent practicable, a quantification of the impact of tax expenditures in the
CARES Act.38 Finally the PRAC is required to provide other reports and periodic updates to
Congress as it considers appropriate.39
In addition, the PRAC is directed to establish and maintain a “user-friendly, public-facing website
to foster greater accountability and transparency in the use of covered funds.”40 The PRAC is
required to post specified information, including agencies’ use of funds provided in the act.41
The PRAC terminates on September 30, 2025.42 Section 15003 appropriates $80 million in no-
year funds to support the activities of the PRAC.
The PRAC’s organization and duties have similarities to those of the Recovery Accountability
and Transparency Board that was established as part of the American Recovery and Reinvestment
Act to conduct oversight of the use of funds in that act.43
Supplemental Appropriations and Additional Duties for Inspector General
Offices
The CARES Act appropriates $148 million for established inspector general offices in addition to
the $25 million for the SIGPR and $80 million for the PRAC discussed above. In total, therefore,
the CARES Act provides $253 million to the inspector general community to oversee the federal
government’s coronavirus response.
Department of Agriculture
Title I of Division B, under the heading “Office of the Inspector General,”
provides $750,000 to the Department of Agriculture OIG. The appropriation
expires September 30, 2021, and may be used only to oversee funds appropriated
to the department under the CARES Act.
Department of Commerce
Title II of Division B, under the heading “Department of Commerce—Economic
Development Administration,” provides that of the $1.5 billion appropriated to
the Department of Commerce, $3 million is to be transferred to the department’s
OIG to oversee the use of funds appropriated to the department under the
CARES Act. The appropriation expires September 30, 2022.
Department of Defense
Title III of Division B, under the heading “Office of the Inspector General,”
provides $20 million for the Department of Defense OIG. This appropriation may
be used only to oversee the use of funds appropriated to the department under the
CARES Act.
38 §15010(d)(2)(B).
39 §15010(d)(2)(A)(ii).
40 §15010(g).
41 §15011(b)(3). Section 15011(b)(1)(a) requires each agency to report “any obligation or expenditure of large covered
funds” to the director of the Office of Budget and Management, the Bureau of the Fiscal Service, the PRAC, and the
appropriate congressional committees.
42 §15010(k).
43 P.L. 111-5, §§1521 et seq.
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Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
Department of Education
Title VII of Division B, under the heading “Office of the Inspector General,”
provides $7 million to Department of Education OIG. These funds expire on
September 30, 2022. This appropriation may be used only to respond to COVID-
19 generally and to oversee the use of funds appropriated to the department under
the CARES Act.
Department of Health and Human Services
Title VII of Division B, under the heading “Office of the Secretary,” requires the
Department of Health and Human Services (HHS) OIG to provide a final audit
report to the House and Senate Appropriations Committees on payments from
$100 billion appropriated to the Public Health and Social Services Emergency
Fund to support eligible health care providers with their expenses related to the
COVID-19 pandemic. The audit report is due three years after the final payment
is made under the program.
Section 18113 provides that, of the $27 billion appropriated to the Public Health
and Social Services Emergency Fund, up to $4 million shall be transferred to the
HHS OIG. Appropriated funds are available until expended and may be used
only to oversee the use of funds appropriated to HHS under the CARES Act. In
addition, the HHS inspector general is required to consult with the House and
Senate Appropriations Committees prior to obligating these funds.
Department of Homeland Security
Title VI of Division B, under the heading “Disaster Relief Fund,” provides a total
of $45 billion in no-year funds for the Disaster Relief Fund with the Federal
Emergency Management Agency (FEMA). Of the total appropriation, $3 million
is to be transferred to the Department of Homeland Security (DHS) OIG to
oversee the funds appropriated for the Disaster Relief Fund in the CARES Act.
Department of Housing and Urban Development
Title XII of Division B, under the heading “Office of the Inspector General,”
provides $5 million in no-year funds to the Department of Housing and Urban
Development OIG. This appropriation may be used only to oversee the use of
funds appropriated to the department under the CARES Act.
Department of the Interior
Title VII of Division B, under the heading “Departmental Offices,” provides
$158.4 million for the Office of the Secretary, Department of the Interior. This
appropriation expires September 30, 2021. Of that appropriation, $1 million is to
be transferred to the department’s OIG to oversee the use of funds appropriated
to the department under the CARES Act.
Department of Justice
Title II of Division B, under the heading “Office of the Inspector General,”
provides $2 million in no-year funds for the Department of Justice OIG. The
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Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
appropriation is to be used to oversee funds provided to the department in the
CARES Act and the general impact of COVID-19 on the department’s activities.
Department of Labor
Section 2115 provides $25 million for the Department of Labor (DOL) OIG. The
appropriation does not expire and may be used only to conduct oversight activity
related to provisions in the CARES Act.
Title XIII of Division B, under the heading “Departmental Management,”
appropriates $15 million to respond to COVID-19 generally and to support
enforcement of the Families First Coronavirus Response Act (P.L. 116-127). Of
that appropriation, $1 million in no-year funds are to be transferred to the DOL
OIG.
Department of Transportation
Title XII of Division B, under the heading “Office of Inspector General,”
provides $5 million in no-year funds to the Department of Transportation OIG.
This appropriation may be used only to oversee the use of funds appropriated to
the department under the CARES Act.
Department of the Treasury
Section 5001 provides $35 million in no-year funds for the Treasury OIG. The
appropriation may be used only to conduct oversight and recoupment activities
related to the Coronavirus Relief Fund established by Title V of the CARES Act.
Section 5001 also requires the Treasury OIG to oversee the Coronavirus Relief
Fund established by the section, which provides funding to state, local, and tribal
governments. If the Treasury OIG determines that a state, tribal government, or
unit of local government fails to comply with the requirements for the program,
the section provides for the recoupment of the funds.
Section 4113(d) requires the Treasury OIG to conduct audits of certifications
related to employee compensation provided by air carriers in order to receive
financial assistance under Section 4113(a).
Department of Veterans Affairs
Title X of Division B, under the heading “Office of Inspector General,” provides
$12.5 million for the Department of Veterans Affairs (VA) OIG. These funds
expire on September 30, 2022. This appropriation may be used only to oversee
the use of funds appropriated to the VA under the CARES Act.
Small Business Administration
Section 1107(a)(3) provides $25 million for the Small Business Administration
(SBA) OIG. These funds expire September 30, 2024.
Provisions Pertaining to the Government Accountability Office
Title IX of Division B of the CARES Act, under the heading “Government Accountability
Office,” appropriates $20 million to GAO to conduct additional oversight and provide Congress
with several reports. GAO is required to report to House and Senate Appropriations Committees
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Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
within 90 days of enactment of the CARES Act with a spending plan for the funds and a timeline
for audits and investigations.
GAO Reporting Requirements and Additional Responsibilities
Healthy Start Program: Section 3225 reauthorizes the Healthy Start Program.44
The section includes a requirement that GAO “review, access, and provide
recommendations” on the program within four years of enactment of the CARES
Act (i.e., March 27, 2024) and report its findings to the appropriate committees.
Nurse Loan Repayment Programs: Section 3404 requires the comptroller
general to study “nurse loan repayment programs” administered by the Health
Resources and Services Administration and report to the House Committee on
Energy and Commerce and the Senate Committee on Health, Education, Labor,
and Pensions, within 18 months of enactment of the CARES Act (i.e., September
27, 2021).
Community and Mental Health Services Demonstration Program: Section 3814
extends the end date for the Community Mental Health Services Demonstration
Program P.L. 93-28845 and directs GAO to provide a report on the program to the
House Committee on Energy and Commerce and Senate Committee on Finance.
This report is due 18 months after enactment of the CARES Act (i.e., September
27, 2021).
Regulation of Over the Counter Drugs: Section 3851 requires GAO to conduct a
study on the effectiveness and impact of exclusivity under Sections 505G46 and
586C47 of the Federal Food, Drug, and Cosmetic Act. The study is to be
submitted to the House Committee on Energy and Commerce and the Senate
Committee on Health, Education, Labor, and Pensions within four years of
enactment of the CARES Act (i.e., March 27, 2024).
Coronavirus Economic Stabilization Act of 2020:48 Section 4026(f) directs the
comptroller general to conduct a study on “loans, loan guarantees, and other
investments” made under Section 4003 of the CARES Act and report to the
House Committee on Financial Services; the House Committee on Transportation
and Infrastructure; the House Committee on Appropriations; the House
Committee on the Budget; the Senate Committee on Banking, Housing, and
Urban Affairs; the Senate Committee on Commerce, Science, and Transportation;
the Senate Committee on Appropriations; and the Senate Committee on the
Budget. The initial report under this provision is due nine months after enactment
of the CARES Act (i.e., December 27, 2020), and additional reports are required
annually thereafter through the “year succeeding the last year for which loans,
loan guarantees, and other investments made under Section 4003 are
outstanding.”
44 42 U.S.C. §254c-8 (Public Health Service Act, P.L. 78-410, as amended, §330H).
45 42 U.S.C. §1396a note (Protecting Access to Medicare Act of 2014, P.L. 113-93, §223).
46 This new provision is added to the Federal Food, Drug, and Cosmetic Act following Section 505F (21 U.S.C. §355g)
by the CARES Act.
47 42 U.S.C. §360fff-3.
48 CARES Act, Title IV, Subtitle A (§§4001 et seq.).
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Monitoring and Audits by Comptroller General: Section 19010 requires the
comptroller general to conduct monitoring and oversight of federal spending in
response to the COVID-19 pandemic. The section empowers the comptroller
general to access relevant records, make copies of those records, and conduct
pertinent interviews.49 The comptroller general is to offer briefings at least once
per month to the House Committee on Appropriations; the House Committee on
Homeland Security; the House Committee on Oversight and Reform; the House
Committee on Energy and Commerce; the Senate Committee on Appropriations;
the Senate Committee on Homeland Security and Governmental Affairs; and the
Senate Committee on Health, Education, Labor, and Pensions.50 The comptroller
general is also required to report on GAO’s relevant activities to the same
committees within 90 days of enactment of the CARES Act (i.e., June 25, 2020),
then monthly until one year after enactment (i.e., March 27, 2021), and
periodically thereafter.51
Agency Reporting, Notice, and Consultation Requirements for
Federal Entities and Sub-Entities
Architect of the Capitol
Title IX of Division B, under the heading “Architect of the Capitol,” appropriates
$25 million to the Architect of the Capitol for expenses related to the COVID-19
pandemic. The Architect of the Capitol is required to provide an expenditure
report within 30 days of enactment of the CARES Act (i.e., April 26, 2020) and
every 30 days thereafter to the House and Senate Appropriations Committees, the
House Committee on House Administration, and the Senate Committee on Rules
and Administration.
Armed Forces Retirement Home Trust Fund
Title X of Division B, under the heading “Armed Forces Retirement Home Trust
Fund,” appropriates $2.8 million from the available funds of the trust fund for
expenses related to the COVID-19 pandemic. The chief executive officer of the
Armed Forces Retirement Home is required to submit monthly spending reports
to the House and Senate Appropriations Committees.
Board of Governors of the Federal Reserve System
Section 4026(b)(2)(A) requires the Board of Governors of the Federal Reserve
System to report to the House Committee on Financial Services and the Senate
Committee on Banking, Housing, and Urban Affairs whenever it exercises its
purchase and loan-making authority under Section 4003(b)(4). Reports are to be
submitted within seven days and are required to contain the same information as
reports required under Title 12, Section 343(3)(C)(i), of the United States Code.
In addition, reports are to be submitted every 30 days regarding outstanding loans
49 §19010(d).
50 §19010(a)(1).
51 §19010(c).
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Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
and financial assistance under Section 4003(b)(4) in accordance with Title 12,
Section 343(3)(C)(ii), of the U.S. Code.52
Centers for Disease Control and Prevention
Title VII of Division B, under the heading “Centers for Disease Control and
Prevention,” appropriates a total of $4.3 billion to the Centers for Disease
Control and Prevention (CDC). Of that total, $500 million is directed to “public
health data surveillance and analytics infrastructure modernization.” Within 30
days of enactment of the CARES Act (i.e., April 26, 2020), CDC is required to
report to the House and Senate Appropriations Committees on the development
of a “public health surveillance and data collection system for coronavirus.”
Department of Commerce
Section 1108(d) requires the Minority Small Business Development Agency of
the Department of Commerce to submit reports to the House Committee on
Small Business; the House Committee on Energy and Commerce; the Senate
Committee on Commerce, Science, and Technology; and the Senate Committee
on Small Business and Entrepreneurship regarding the programs developed
pursuant to Section 1108(b). Reports are due six months after enactment of the
CARES Act (i.e., September 27, 2020) and annually thereafter.
Department of Defense
Section 13006(a) authorizes the delegation of select procurement authorities
within the Department of Defense for transactions related to the COVID-19
pandemic. In the event that a transaction of this type does occur, either the Under
Secretary of Defense for Research and Engineering or the Under Secretary of
Defense for Acquisition and Sustainment, as applicable, is required to notify the
House and Senate Appropriations and Armed Services Committees “as soon as is
practicable.”
Department of Education
Section 3510(a) allows foreign institutions to use distance education during the
declared COVID-19 emergency under certain circumstances. Section 3510(c)
requires that the Secretary of Education submit a report to the House Committee
on Education and Labor and the Senate Committee on Health, Education, Labor,
and Pensions identifying foreign institutions that use distance education under
Section 3510(a). The report is due not later than 180 days after enactment of the
CARES Act (i.e., September 23, 2020). Additional reports are due every 180
days for the duration of the declared emergency.
Section 3510(d) allows foreign institutions to enter written agreements with
certain institutions of higher education in the United States to allow students to
take courses at the American institutions. Section 3510(d)(4) requires that the
Secretary of Education submit a report identifying the foreign institutions using
such arrangements to the House Committee on Education and Labor and the
Senate Committee on Health, Education, Labor, and Pensions. The report is due
52 Section 4026(b)(2)(B) requires that the Board of Governors of the Federal Reserve System publish these reports on
its website within seven days of providing them to Congress.
Congressional Research Service 10
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
not later than 180 days after enactment of the CARES Act (i.e., September 23,
2020). Additional reports are due every 180 days for the duration of the declared
emergency.
Section 3511(b) authorizes the Secretary of Education to waive certain statutory
requirements identified in the section upon the request of a state or Indian tribe.
Section 3511(d)(2) requires the Secretary of Education to notify the House
Committee on Education and Labor; the Senate Committee on Health, Education,
Labor, and Pensions; and the House and Senate Appropriations Committee within
seven days of granting any waiver. In addition, Section 3511(d)(4) requires the
Secretary of Education to submit a report to the same committees within 30 days
of enactment of the CARES Act (i.e., April 26, 2020) with recommendations for
additional necessary waivers of statutory requirements.
Section 3512(a) authorizes the Secretary of Education to defer payments on loans
made to historically black colleges and universities under Title 20, Section 1066,
of the U.S. Code. Section 3512(c) requires the Secretary of Education to report to
the House Committee on Education and Labor and the Senate Committee on
Health, Education, Labor, and Pensions within 180 days of enactment of the
CARES Act (i.e., September 23, 2020) and every 180 days thereafter on any
institutions receiving this relief.
Section 3517(c) requires the Secretary of Education to submit a report to the
House Committee on Education and Labor and the Senate Committee on Health,
Education, Labor, and Pensions identifying all institutions of higher education
receiving waivers of statutory requirements identified in Section 3517(a). Reports
are due within 180 days of enactment of the CARES Act (i.e., September 23,
2020) and every 180 days thereafter until the end of the fiscal year following the
end of the declared emergency.
Section 3518(c) requires the Secretary of Education to submit a report to the
House Committee on Education and Labor and the Senate Committee on Health,
Education, Labor, and Pensions identifying all institutions of higher education
and other recipients who receive grant modifications as authorized in Section
3518(a). Reports are due within 180 days of enactment of the CARES Act (i.e.,
September 23, 2020) and every 180 days thereafter until the end of the fiscal year
following the end of the declared emergency.
Department of Health and Human Services
Section 3212 amends the Public Health Service Act53 to require that the Secretary
of HHS submit a report to the House Committee on Energy and Commerce and
the Senate Committee on Health, Education, Labor, and Pensions within four
years of enactment of the CARES Act (i.e., March 27, 2024) and every five years
thereafter on the “activities and outcomes” of the Telehealth Network Grant
Program and the Telehealth Resource Centers Grant Program.
Section 3213 amends the Public Health Service Act54 to require the Secretary of
HHS to submit a report to the House Committee on Energy and Commerce and
the Senate Committee on Health, Education, Labor, and Pensions within four
years of enactment of the CARES Act (i.e., March 27, 2024), and every five
53 Specifically, 42 U.S.C. §254c-14.
54 Specifically, 42 U.S.C. §254c.
Congressional Research Service 11
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
years thereafter, on the “activities and outcomes” of the Rural Health Care
Services Outreach Grant Program, the Rural Health Network Development Grant
Program, and the Small Health Care Provider Quality Improvement Grant
Program.
Section 3226(d) requires the Secretary of HHS to submit a report to the House
Committee on Energy and Commerce and the Senate Committee on Health,
Education, Labor, and Pensions within two years of enactment of the CARES Act
(i.e., March 27, 2022) on HHS’s efforts to support the blood donation system.
Section 3301 amends the Public Health Service Act55 to, during a public health
emergency, eliminate a cap on the value of certain transactions related to the
Biomedical Advanced Research and Development Authority that may be entered
into by the Secretary of HHS. After the termination of the public health
emergency, the Secretary of HHS is required to submit a report to the House
Committee on Energy and Commerce and the Senate Committee on Health,
Education, Labor, and Pensions that details the use of funds, including a
discussion of outcome measures for such transactions.
Section 3401 amends the Public Health Service Act56 and renews a previously
enacted requirement that the Secretary of HHS submit reports to the House
Committee on Energy and Commerce and the Senate Committee on Health,
Education, Labor, and Pensions concerning the need for underrepresented
minorities on medical peer review councils. The first report is due September 30,
2025, and subsequent reports are due every five years thereafter.
Section 3401 further amends the Public Health Service Act57 to require the
Advisory Council on Graduate Medical Education to submit a report to the
House Committee on Energy and Commerce and the Senate Committee on
Health, Education, Labor, and Pensions (as well as the Secretary of HHS) no
later than September 30, 2023, and every five years thereafter. In these reports,
the Advisory Council is directed to discuss its recommendations on the issues
outlined in Title 42, Section 294o(a)(1), of the U.S. Code.
Section 3402(a) requires the Secretary of HHS to develop a comprehensive and
coordinated plan for the health care workforce development programs within one
year of enactment of the CARES Act (i.e., March 27, 2021). Section 3402(c)
requires the Secretary of HHS to submit a report to the House Committee on
Energy and Commerce and the Senate Committee on Health, Education, Labor,
and Pensions describing the plan and how it is being implemented within two
years of passage of the CARES Act (i.e., March 27, 2022).
Section 3403(c) amends the Public Health Service Act58 to require the Secretary
of HHS to submit a report to the House Committee on Energy and Commerce
and the Senate Committee on Health, Education, Labor, and Pensions on
outcomes associated with the Geriatrics Workforce Enhancement Program. The
55 Specifically, 42 U.S.C. §247d-7e(c)(5)(A).
56 Specifically, 42 U.S.C. §293d(d).
57 Specifically, 42 U.S.C. §294o.
58 Specifically, 42 U.S.C. §294c
Congressional Research Service 12
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
report is due within four years of the enactment of the Title VII Health Care
Workforce Reauthorization Act of 201959 and then every five years thereafter.
Section 3404(a)(4)(D) amends the Public Health Service Act60 to require the
Secretary of HHS to submit reports to the House Committee on Energy and
Commerce and the Senate Committee on Health, Education, Labor, and Pensions
assessing HHS programs to enhance the nursing workforce. Reports are due by
September 30, 2020, and biennially thereafter. Further, Section 3404(a)(6)(F)
incorporates additional requirements for these reports that are codified in Title
42, Section 296p, of the U.S. Code.
Section 3854(c)(2) requires the Secretary of HHS to submit a report to the House
Committee on Energy and Commerce and the Senate Committee on Health,
Education, Labor, and Pensions when a revised sunscreen order under the Section
3854(c)(1) does not include certain efficacy information.
Section 3855(a) requires the Secretary of HHS to submit a letter to the House
Committee on Energy and Commerce and the Senate Committee on Health,
Education, Labor, and Pensions describing the Food and Drug Administration’s
(FDA’s) evaluations and revisions to the cough and cold monograph for children
under the age of six. The letter is due one year after enactment of the CARES Act
(i.e., March 27, 2021) and annually thereafter.
Section 3862 adds a new part to the Federal Food, Drug, and Cosmetic Act61 to
alter the FDA’s management of monographs for over-the-counter drugs. This
new part includes two additional reporting requirements on the implementation
and impact of the new provisions.62 The Secretary of HHS is required to report
on each of those issues to the House Committee on Energy and Commerce and
the Senate Committee on Health, Education, Labor, and Pensions within 120
calendar days after the end of FY2021 and within 120 days after the end of each
fiscal year thereafter. In addition, the Secretary of HHS is required, by January
15, 2025, to transmit to Congress recommendations to revise the goals of the
program.63 While developing those recommendations, the Secretary of HHS is
required to consult with the House Committee on Energy and Commerce and the
Senate Committee on Health, Education, Labor, and Pensions, among others.64
Title VIII of Division B, under the heading “Centers for Disease Control and
Prevention,” requires the Secretary of HHS, in consultation with the director of
the CDC, to report to the House and Senate Appropriations Committees every 14
days for one year if the HHS Secretary declares an infectious disease emergency
and seeks to use the Infections Diseases Rapid Response Fund (as authorized by
the third proviso of Section 231 of Division B of P.L. 115-245) “as long as such
report[s] would detail obligations in excess of $5,000,000” or upon request.
59 CRS was unable to find a statute of this name in enacted law. This may be a reference to pending legislation. See S.
2997 (116th Cong).
60 Specifically, 42 U.S.C. §296e.
61 New sections are added to Subchapter C of Chapter VII, which is codified as Title 21, Sections 379f et seq., of the
U.S. Code.
62 Under new sections, 744N(a) and 744N(b), of the Federal Food, Drug, and Cosmetics Act, respectively.
63 Under a new section, 744N(d), of the Federal Food, Drug, and Cosmetics Act.
64 Under a new section, 744N(c), of the Federal Food, Drug, and Cosmetics Act
Congressional Research Service 13
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
Title VIII of Division B, under the heading “Office of the Secretary,”
appropriates $27 billion to the Public Health and Social Services Emergency
Fund. Among other things, the provision allows for funds to be used to reimburse
the VA for expenses related to the COVID-19 pandemic and for care for certain
patients. To provide this reimbursement, the Secretary of HHS must certify to the
House and Senate Appropriations Committees that funds available under the
Stafford Act65 are insufficient to cover expenses incurred by the VA. In addition,
the Secretary of HHS must notify the House and Senate Appropriations
Committees three days prior to making such a certification.
Title VIII of Division B, also under the heading “Office of the Secretary,”
appropriates $100 billion to the Public Health and Social Services Emergency
Fund to support eligible health care providers with their expenses related to the
COVID-19 pandemic. The Secretary of HHS is required to submit a report to the
House and Senate Appropriations Committees within 60 days of enactment of the
CARES Act (i.e., May 26, 2020), and every 60 days thereafter, on the obligation
of these funds, including state-level data.
Section 18111 provides that funds appropriated under the heading “Department
of Health and Human Services” in Title VII of Division B may be transferred or
merged with appropriations to other specified HHS budget accounts so long as
the House and Senate Appropriations Committees are notified 10 days in advance
of any transfer.
Section 18112 requires the Secretary of HHS to provide a spend plan for funds
appropriated to HHS to the House and Senate Appropriations Committees within
60 days of enactment of the CARES Act (i.e., May 26, 2020) and then every 60
days until September 30, 2024.
Department of Homeland Security
Title VI of Division B, under the heading “Department of Homeland Security,”
appropriates $178 million for DHS’s response to the COVID-19 pandemic. The
provision grants additional authority to transfer these funds between DHS
accounts for the purchase of personal protective equipment and sanitization
materials. Within five days after making such a transfer, DHS is required to
notify the House and Senate Appropriations Committees.
Department of the Interior
Title VII of Division B, under the heading “Departmental Offices,” provides
$158 million to support for the Department of the Interior’s COVID-19 pandemic
response. Beginning 90 days after enactment of the CARES Act (i.e., June 25,
2020), and monthly thereafter, the Secretary of the Interior is required to provide
a report detailing the use of these funds to the House and Senate Appropriations
Committees.
Department of Labor
Title VIII of Division B, under the heading “Departmental Management,”
appropriates $15 million for DOL’s response to the COVID-19 pandemic and
65, as amended.
Congressional Research Service 14
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
provides that the Secretary of Labor may transfer these funds to other specified
DOL budget accounts for this purpose. Fifteen days prior to transferring any
funds, the Secretary of Labor is required to submit an operating plan to the House
and Senate Appropriations Committees describing how funds will be used.
Department of State
Section 21007 authorizes the Secretary of State and the administrator of the U.S.
Agency for International Development (USAID) to provide additional paid leave
to employees for the period from January 29, 2020, to September 30, 2022, in
order to address hardships created by the COVID-19 pandemic. Prior to using
this authority, the Secretary of State and the administrator must consult with
House and Senate Appropriations Committees, the House Committee on Foreign
Affairs, and the Senate Committee on Foreign Relations.
Section 21009 authorizes the Secretary of State to use passport and immigrant
visa surcharges to pay costs for consular services during FY2020.The Secretary
of State is required to report to the House and Senate Appropriations
Committees, the House Committee on Foreign Affairs, and the Senate Committee
on Foreign Relations within 90 days of the expiration of this authority (i.e.,
December 29, 2020) on specific expenditures made pursuant to this authority.
Section 21010 authorizes the Department of State and USAID to enter into
personal services contracts to support their response to the COVID-19 pandemic
subject to prior consultation with and notification of the House and Senate
Appropriations Committees, the House Committee on Foreign Affairs, and the
Senate Committee on Foreign Relations. Within 15 days of using this authority,
the Secretary of State is required to report to the same committees on the staffing
needs of the Office of Medical Services.
Section 21011 authorizes the Secretary of State and the administrator of USAID
to administer any legally required oath of office remotely through September 30,
2021. Prior to using this authority, the Secretary of State and the administrator
must each submit a report to the House and Senate Appropriations Committees,
the House Committee on Foreign Affairs, and the Senate Committee on Foreign
Relations describing the process they will use to administer an oath of office in
this manner.
Department of Transportation
Section 22002 requires the Secretary of Transportation to notify the House and
Senate Appropriations Committees; the House Committee on Transportation and
Infrastructure; and the Senate Committee on Commerce, Science, and
Transportation within seven days of enactment of the CARES Act (i.e., April 3,
2020), and every seven days thereafter, of the furlough of any National Railroad
Passenger Corporation employee due to the COVID-19 pandemic.
Section 22005 allows the Secretary of Transportation to waive specified
requirements for highway safety grants if the COVID-19 pandemic will
substantially impact the ability of the states and the Department of Transportation
to meet those grant requirements. The Secretary is required to “periodically”
report to the relevant committees on any waivers made under this provision.
Congressional Research Service 15
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
Department of the Treasury
Section 2201(f)(2) establishes reporting requirements associated with the 2020
Recovery Rebates provided in Section 2201.66 The Secretary of the Treasury is
required to submit a report to the House and Senate Appropriations Committees
within 15 days of enactment of the CARES Act (i.e., April 11, 2020) providing a
spending plan for the funds provided for this program. In addition, 90 days after
enactment (i.e., June 25, 2020), and quarterly thereafter, the Secretary is required
to provide reports to the House and Senate Appropriations Committees on actual
and projected expenditures under this program.
Section 4026(b)(1)(A) requires the Secretary of the Treasury, within seven days
after making a loan or loan guarantee under Sections 4003(b)(1), 4003(b)(2), or
4003(b)(3), to report to the chairmen and ranking members of the House
Committee on Financial Services; the House Committee on Ways and Means; the
Senate Committee on Banking, Housing, and Urban Affairs; and the Senate
Committee on Finance. These reports are to include an overview of the actions
and financial information about those transactions.67
Section 4118(a) requires the Secretary of the Treasury to submit a report no later
than November 1, 2020, to the House Committee on Transportation and
Infrastructure; the House Committee on Financial Services; the Senate
Committee on Commerce, Science, and Transportation; and the Senate
Committee on Banking, Housing, and Urban Affairs on the financial assistance
provided to air carriers and contractors under Subtitle B of Title IV of the
CARES Act. Section 4118(b) requires that the Secretary of the Treasury provide
an updated report to the same committees no later than November 1, 2021.
Section 21012 amends the Bretton Woods Agreements Act68 to authorize
additional lending by the Department of the Treasury pursuant to a decision of
the executive directors of the International Monetary Fund. Prior to taking such
action, the Secretary of the Treasury is required to report to Congress on the need
for such loans to support the international monetary system and the availability of
alternative actions.
Department of Veterans Affairs
Title X of Division B, under the heading “Information Technology Systems,”
appropriates $2.15 billion for information technology expenses related to the
COVID-19 pandemic. The VA Secretary is required to submit a spending plan for
these funds to the House and Senate Appropriations Committees and must also
notify the same committees before any of these funds are reprogrammed among
VA’s budget subaccounts for information technology.
66 The 2020 Recovery Rebates are refundable tax credit payments of up to $1,200 per adult and $500 per child provided
in the CARES Act. See CRS Insight IN11282, COVID-19 and Direct Payments to Individuals: Summary of the 2020
Recovery Rebates/Economic Impact Payments in the CARES Act (P.L. 116-136), by Margot L. Crandall-Hollick.
Section 2201(f)(1) provides additional transfer authority to move funds between the appropriations provided in Section
2201 for this purpose. Exercise of this authority requires notification to the House and Senate Appropriations
Committees.
67 Under Section 4026(b)(1)(B), the Secretary of the Treasury is required to publish these reports on the Treasury
website within seven days of reporting to Congress. In addition, Section 4026(b)(1)(C) requires that Treasury publish a
summary report including the same information online every 30 days.
68 22 U.S.C. §286e-2.
Congressional Research Service 16
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
Section 20001 provides additional transfer authority for the Secretary to transfer
funds between identified accounts. For transfers that account for less than 2% of
the amount appropriated to a particular account, the Secretary is required to
notify the House and Senate Appropriations Committees. For all other transfers,
the VA Secretary may transfer funds only after requesting and receiving approval
from the House and Senate Appropriations Committees.
Section 20002 requires the Secretary to submit monthly expenditure reports to
the House and Senate Appropriations Committees for all funds appropriated by
Title X of Division B.
Section 20008 authorizes the Secretary to waive any limitations on pay for VA
employees during the COVID-19 public health emergency69 for work done in
support of the response to the emergency. The Secretary is required to submit a
report to the House and Senate Veterans’ Affairs Committees in each month that
such a waiver is in place.
Election Assistance Commission
Title V of Division B, under the heading “Election Assistance Commission,”
provides a total of $400 million for election security grants to be distributed to
the states by the Election Assistance Commission. This provision requires states
to submit reports on how these funds were used within 20 days of each election
in the 2020 federal election cycle. Within three days of receipt, the commission is
required to transmit these reports to the House Committee on House
Administration, the Senate Committee on Rules and Administration, and the
House and Senate Appropriations Committees.
Federal Emergency Management Agency
Title VI of Division B, under the heading “Federal Emergency Management
Agency,” appropriates $45 billion to FEMA’s Disaster Relief Fund. The FEMA
administrator is required to report to the House and Senate Appropriations
Committees every 30 days on the actual and projected use of these funds.
General Services Administration
Title V of Division B, under the heading “General Services Administration,”
appropriates $275 million to the Federal Buildings Fund of the General Services
Administration (GSA) for expenses related to the COVID-19 pandemic. The
provision requires the administrator of GSA to notify the House and Senate
Appropriations Committees quarterly on obligations and expenditures of these
funds.
Section 15003 requires the GSA administrator to notify Congress in writing if the
administrator determines that it is in the public interest to use non-competitive
procurement procedures as authorized by the Federal Procurement Policy70
during a declared public health emergency.
69 See §20003.
70 41 U.S.C. §3304(a)(7)(A).
Congressional Research Service 17
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
House of Representatives
Title IX of Division B, under the heading “House of Representatives,”
appropriates a total of $25 million for expenses related to the COVID-19
pandemic. The chief administrative officer of the House of Representatives is
required to submit a spending plan to the House Committee on Appropriations.
Internal Revenue Service
Section 15001 appropriates $250 million to the Internal Revenue Service (IRS).
The provision requires that the IRS commissioner submit a spending plan to the
House and Senate Appropriations Committees no later than 30 days of enactment
of the CARES Act (i.e., April 26, 2020). The provision also provides that, with
advance notice to the House and Senate Appropriations Committees, these funds
may be transferred between IRS budget accounts as necessary to respond to the
COVID-19 pandemic.
Kennedy Center
Title VII of Division B, under the heading “John F. Kennedy Center for the
Performing Arts,” provides $25 million to support the Kennedy Center’s
response to the COVID-19 pandemic. The provision requires the Board of
Trustees of the Kennedy Center to report to the House and Senate Appropriations
Committees by October 21, 2020, with a detailed explanation of the use of the
funds.
Register of Copyrights
Section 19011 amends Chapter 7 of Title 17 of the U.S. Code to provide that,
through December 31, 2021, if an emergency declared by the President under the
National Emergencies Act71 disrupts the ordinary functioning of the copyright
system, the Register of Copyrights may waive or modify specified timing
requirements. If the Register of Copyrights takes such action he or she must
notify Congress within 20 days.
Small Business Administration
Section 1103(d) requires SBA to report to the House Committee on Small
Business and the Senate Committee on Small Business and Entrepreneurship on
its activities related to education, training and advising grants under Section
1103(b) of the CARES Act. The initial report under this section is due six months
after enactment of the CARES Act (i.e., September 27, 2020), with additional
reports annually thereafter.
Section 1107(c) requires SBA to provide a spending plan for funds appropriated
in Section 1107(a) to the House and Senate Appropriations Committees within
180 days of enactment of the CARES Act (i.e., September 23, 2020).
71 50 U.S.C. §§1601 et seq.
Congressional Research Service 18
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
U.S. Patent and Trademark Office
Section 12004(a) provides the director of the U.S. Patent and Trademark Office
with authority to toll, waive, adjust, or modify specified deadlines in Title 35 of
the U.S. Code during the COVID-19 emergency if certain conditions are met. To
use this authority, the director is required, under Section 12004(c), to submit a
statement to Congress within 20 days explaining his or her action and the
rationale underlying it.
General Provisions for Title VII of Division B
In addition to the requirements listed above for specific federal entities and sub-entities, Section
18109 authorizes that funds provided under Title VII of Division B may be used for personal
services contracts72 with prior notification to the House and Senate Appropriations Committees.
Title VII of Division B makes appropriations to the Department of the Interior, the Environmental
Protection Agency, the Forest Service (Department of Agriculture), the Indian Health Service
(HHS), the Agency for Toxic Substances and Disease Registry (HHS), the Institute of American
Indian and Alaska Native Culture and Arts Development, the Smithsonian Institution, the
Kennedy Center, and the National Foundation on the Arts and Humanities.
Requirements for Testimony
Chairman of the Board of Governors of the Federal Reserve System
Section 4026 requires the chairman of Federal Reserve to testify, on a quarterly
basis, before the House Committee on Financial Services and the Senate
Committee on Banking, Housing, and Urban Affairs regarding the Federal
Reserve’s activities under the CARES Act.
Secretary of the Treasury
Section 4003(c)(3)(A)(iii) allows the Secretary of the Treasury to waive
compensation limits established by Section 4004 as well as restrictions on “stock
buybacks,” the payment of dividends, and other capital distributions established
by Section 4003(c)(3)(A)(ii) for businesses receiving a loan, loan guarantee, or
other investment under the CARES Act. In order to waive those requirements, the
Secretary must determine that such action is necessary to “protect the interests of
the Federal Government” and must also “make himself available to testify before
the Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives regarding the
reasons for the waiver.”
Section 4026 requires the Secretary of the Treasury to testify, on a quarterly
basis, before the House Committee on Financial Services and the Senate
Committee on Banking, Housing, and Urban Affairs regarding the Treasury’s
activities under the CARES Act.
72 See 48 C.F.R. §37.104.
Congressional Research Service 19
Congressional Oversight Provisions in the CARES Act (P.L. 116-136)
Author Contact Information
Ben Wilhelm William T. Egar
Analyst in Government Organization and Analyst in American National Government
Management [redacted]@crs.loc.gov
, 7-....
[redacted]@crs.loc.gov , 7-....
Congressional Research Service R46315 · VERSION 1 · NEW 20
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