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                  Resarh Service






Presidential Objections to Special Inspector

General for Pandemic Recovery Reporting

Requirements



May 12, 2020
President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or Act) on
March 27, 2020. But when doing so, he issued a signing statement identifying his constitutional
concerns with provisions that he viewed as either infringing on executive power or exceeding the powers
of Congress. Notwithstanding the President's statement, the identified provisions have the force and
effect of law as the CARES Act was approved by the House and Senate and signed by the President in
accord with the Constitution's finely wrought process of lawmaking. A signing statement does not, and
constitutionally cannot, amount to a veto of specific provisions in an enrolled bill. Despite their lack of
direct legal force, signing statements are frequently employed to announce a President's interpretation of
statutory language or to object to specific provisions that the President feels conflict with the executive
branch's conception of the Constitution. Signing statements can, therefore, signal how a law may be
administered in the future, so long as the President directs executive branch officials to implement the
contested provisions in accordance with the President's, rather than Congress's wishes.
President Trump's signing statement made a number of constitutional objections, all of which related to
congressional involvement in or oversight of new CARES Act authorities. One that may be of particular
interest to Congress relates to a requirement that the newly-established Special Inspector General for
Pandemic Recovery (SIGPR)-tasked with overseeing the distribution of funds provided under the law-
notify Congress of agency refusals to comply with SIGPR requests for information. This is not the first
presidential objection to a provision that requires inspectors general to report directly to Congress, but the
statement is nonetheless likely to impact not only the practical relationship between Congress and the new
SIGPR, but also the larger constitutional struggle over the various tools Congress may use to supplement
its oversight of executive branch activities.

SIGPR Reporting Requirements
The CARES Act established the SIGPR within the Treasury Department and directs the office to
oversee-through audits and investigations-loans, investments, and other programs undertaken by the
Secretary of the Treasury under the Act. SIGPR is then to issue various reports, including quarterly

                                                               Congressional Research Service
                                                                 https://crsreports.congress.gov
                                                                                   LSB10463

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