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CARES Act

The Coronavirus Aid, Relief, and Economic Security Act,[b][1] also known as the CARES Act,[2] is a $2.2 trillion economic stimulus bill passed by the 116th U.S. Congress and signed into law by President Donald Trump on March 27, 2020, in response to the economic fallout of the COVID-19 pandemic in the United States.[3][4] The spending primarily includes $300 billion in one-time cash payments to individual people who submit a tax return in America (with most single adults receiving $1,200 and families with children receiving more[5]), $260 billion in increased unemployment benefits, the creation of the Paycheck Protection Program that provides forgivable loans to small businesses with an initial $350 billion in funding (later increased to $669 billion by subsequent legislation), $500 billion in loans for corporations, and $339.8 billion to state and local governments.[6]

Not to be confused with various laws called CARE Act.

Long title

To provide emergency assistance and health care response for individuals, families, and businesses affected by the COVID disease.

CARES Act

March 27, 2020

Pub. L.Tooltip Public Law (United States) 116–136 (text) (PDF)

The original CARES Act proposal included $500 billion in direct payments to Americans, $208 billion in loans to major industry, and $300 billion in Small Business Administration loans.[7][8] As a result of bipartisan negotiations, the bill grew to $2 trillion in the version unanimously passed by the Senate on March 25, 2020.[9][10] It was passed by the House via voice vote the next day, and was signed into law by President Donald Trump on March 27. It was originally introduced in the U.S. Congress on January 24, 2019, as H.R. 748 (Middle Class Health Benefits Tax Repeal Act of 2019).[a] To comply with the Origination Clause of the Constitution,[11] the Senate then used H.R. 748 as a shell bill for the CARES Act,[12] changing the content of the bill and renaming it before passing it.[13]


Unprecedented in size and scope,[9] the legislation was the largest economic stimulus package in U.S. history,[14] amounting to 10% of total U.S. gross domestic product.[15] The bill is much larger than the $831 billion stimulus act passed in 2009 as part of the response to the Great Recession.[15] The Congressional Budget Office estimates that it will add $1.7 trillion to the deficits over the 2020–2030 period, with nearly all the impact in 2020 and 2021.[16]


Lawmakers refer to the bill as "Phase 3" of Congress's coronavirus response.[17][18] The first phase was the Coronavirus Preparedness and Response Supplemental Appropriations Act that provided for vaccine research and development. The Families First Coronavirus Response Act, which focused on unemployment and sick leave compensation, was phase 2. All three phases were enacted the same month.[17]


An additional $900 billion in relief was attached to the Consolidated Appropriations Act, 2021, which was passed by Congress on December 21, 2020, and signed by President Trump on December 27, after some CARES Act programs being renewed had already expired.

Allocates $130 billion to the medical and hospital industries. Also including medical equipment manufacturers.

[50]

Reauthorizes and allocates funding to public health programs.

[50]

Authorizes the to approve rule changes for over-the-counter drugs without full advanced public notice and public comments.[50]

Food and Drug Administration

Requires an examination, report, and recommendations regarding the security of the United States' supply chain of medical products.

[50]

Adds , medical devices, diagnostic tests, and medical supplies that administer drugs, vaccines, and other biological products to the Strategic National Stockpile.[50]

personal protective equipment

Gives to manufacturers, distributors, and administrators of respiratory protective devices under federal and state law with respect to all claims for loss caused by the devices.[50]

legal immunity

Requires the to prioritize the review of drug applications when there is an emergency drug shortage.[50]

Department of Health and Human Services

Requires , health insurance carriers, and Medicare to cover COVID-19 testing and vaccination.[50]

group health plans

Authorizes and appropriates $1.32 billion of grants to community health care centers for the prevention, diagnosis, and treatment of COVID-19.

[50]

Provides $145 million in grants over a five-year period for promoting .[50]

telehealth

Establishes a Ready Reserve Corps of medical professionals in event of a public health emergency or national emergency.

[50]

Limits federal and state for unpaid health care volunteers for harm caused to patients relating to the diagnosis, prevention, or treatment of COVID-19.[50]

liability

Allows the disclosure of patient medical records related to substance use disorder.[50]

de-identified

Allows funding for elder nutrition support to be used for an individual who is unable to obtain food due to . Waives the usual dietary guidelines requirements during the COVID-19 health emergency.[50]

social distancing

Requires the Department of Health and Human Services to carry out a national public awareness campaign about the importance, safety, and need for .[50]

blood donation

Expedites the development and approval process of new veterinary drugs for diseases that have the potential for serious health consequences for humans.

[50]

Increases payments to medical providers between May 1, 2020, and December 31, 2020.[50]

Medicare

Relief to businesses and organizations[edit]

Loans[edit]

The Act:

[71]

Allows individuals who take the to take a tax deduction for up to $300 of cash charitable contributions per year, effective January 1, 2020.[54]

standard deduction

Increases the limit for most of cash from 60% to 100% of adjusted gross income for individuals.[54]

tax-deductible charitable contributions

Temporarily suspends the limit that from pass-through entities can reduce taxes on the owner's non-business income.[74][75][d]

losses

contractors may use their federal contracts to pay their employees and subcontractors up to 40 hours per week per worker while the worker can neither work on-site nor work remotely on a contract beginning January 31, 2020, through September 30, 2020.[101]

Department of Defense

The will receive a $10 billion line of credit. On April 24, 2020 Trump attempted to use this loan as leverage for a new demand, as he threatened to block the emergency funding if the post office did not quadruple its prices for online retailers.[102] As of May 2020, the details of the loan were still being negotiated.[103]

U.S. Postal Service

$400 million will be allocated to help states prepare for an expected increase in in November 2020.[104]

mailed ballots

Legislative history[edit]

Initial criticism and negotiations[edit]

The House initially passed a tax cut bill in mid-2019 and sent it to the Senate, which then used it as a shell bill and added an amendment in the nature of a substitute, fulfilling the constitutional requirement that all bills for raising revenue must originate in the House. After the new bill was released by the Senate, Speaker of the House Nancy Pelosi (D-CA) issued a statement that read in part: "We are beginning to review Senator McConnell's proposal and on first reading, it is not at all pro-worker and instead puts corporations way ahead of workers."[105] Senate Minority Leader Chuck Schumer (D-NY) criticized the fact that Democrats were not involved by Republicans in drafting the bill.[106]


Among Senate Republicans there was "significant debate and disagreement" regarding "Donald Trump's proposal to provide most Americans with $1,000-plus checks to boost spending and stimulate the economy".[105] Senator Richard Shelby (R-AL), the Republican chair of the Senate Appropriations Committee, stated "I personally think that if we're going to help people we should direct the cash payments maybe as a supplement to unemployment, not to the people who are working every day, just a blank check to everybody in America making up to $75,000."[105]

Early procedural votes[edit]

On the evening of Sunday, March 22, 2020, Senate Democrats blocked the bill in a key procedural vote; the vote was 47–47, while 60 votes were needed to proceed.[107] Immediately thereafter, "Dow futures hit their 5% 'limit down' overnight, and were off 600 points at one stage Monday morning."[107][108]


In response, Mitch McConnell announced the second key procedural vote on the CARES Act, a cloture vote to end debate, on Monday, March 23; 60 votes were needed, but it failed 49–46.[109][108] Both procedural votes were on a "shell" bill framed to repeal an Obamacare tax which passed the House on July 17, 2019.[110] For procedural reasons, the text was replaced by the new language passed by the Senate.[111][112]


Procedural votes for the bill were made more difficult by the fact that five Republican Senators were in self-quarantine: Senator Rand Paul, who had tested positive for COVID-19, as well as Senators Mike Lee, Mitt Romney, Cory Gardner, and Rick Scott.[113]


Nancy Pelosi indicated that the House would prepare its own bill, expected to exceed $2.5 trillion, as a counter-offer,[114] which was criticized by Republicans as "a progressive wishlist seemingly unrelated to the crisis".[115]

Senate agreement[edit]

Early in the morning of Wednesday March 25, Senate leaders announced they had come to an agreement on a modified version of the CARES Act,[116] the full text of which exceeds 300 pages.[117] Mitch McConnell "announced news of a breakthrough on the Senate floor shortly after 1:30 a.m. Wednesday".[116]


Senator McConnell said on the floor, "[we have] reached a bipartisan agreement on a historic relief package for this pandemic ... this is a wartime level of investment for our nation."[118] McConnell continued the analogy to war by saying the CARES Act would provide "ammunition" to health care workers who are the "frontline heroes who put themselves at risk to care for patients" by providing them "the ammunition they need".[119] Chuck Schumer stated on the Senate floor, "Like all compromises, this bill is far from perfect, but we believe the legislation has been improved significantly to warrant its quick consideration and passage, and because many Democrats and Republicans were willing to do the serious and hard work, the bill is much better off than where it started."[118]

A $988 billion increase in mandatory outlays;

A $446 billion decrease in revenues; and

A $326 billion increase in discretionary outlays, stemming from emergency supplemental appropriations.

Commentary[edit]

Bipartisan passage[edit]

Congress passed the CARES Act relatively quickly and with unanimity from both parties despite its $2.2 trillion price tag, indicating the severity of the global pandemic and the need for emergency spending, as viewed by lawmakers.[149] Writing in The New Republic, journalist Alex Shephard nevertheless questioned how the Republican Party "... had come to embrace big spending" when, during the Great Recession, no Republicans in the House and only three in the Senate supported President Barack Obama's $800 billion stimulus, known as the American Recovery and Reinvestment Act of 2009 (ARRA), often citing the deficit and national debt.[150] Shephard opined that, unlike CARES, much of the media attention to ARRA focused on its impact on the deficit, and he questioned whether Republicans would again support a major spending request under a hypothetical future Democratic president.[151]


Donald Trump remarked upon passage of CARES in the Senate that "The Democrats have treated us fairly ... I really believe we've had a very good back-and-forth. And I say that with respect to [Senate Minority Leader] Chuck Schumer".[149][152][153]

Economic impact[edit]

In mid-April, a survey released by the James Beard Foundation and the Independent Restaurant Coalition indicated that 80 percent of restaurant owners (representing roughly half a million businesses which employ eleven million people) did not believe that their businesses were likely to survive, despite the CARES Act and the PPP.[154] Advisors nominated by the White House to their Great American Economic Revival Industry Group for the food industry included 23 celebrities and executives of large chains, but no small business owners.[155]


In a release dated April 16, 2020, the Congressional Budget Office estimated that the CARES Act "will increase federal deficits by about $1.7 trillion over the 2020–2030 period."[156] Part of the reason this is less than the $2.2 trillion included in the CARES Act is that income and costs as part of the Treasury's emergency lending program are expected to offset each other.[157]


Following the passage of the CARES act, real disposable personal income jumped to over 17,200 billion of chained 2012 dollars from a previous 15,200 billion of chained 2012 dollars in January.[158]

Political impacts[edit]

The passage of the CARES act occurred during the 2020 election year, giving President Trump political capital for his reelection campaign. President Trump lost the 2020 election to former Vice President Joe Biden.[159] Trump's gain from his 2016 election performance has been partially credited to the economic impact of the CARES Act. For example, a voter in Rio Grande Valley "appreciated getting a pandemic stimulus check bearing Mr. Trump’s signature, which showed he cared."[160]

Operation Warp Speed

Financial impact of the COVID-19 pandemic

Coronavirus Preparedness and Response Supplemental Appropriations Act

Families First Coronavirus Response Act

HEALS Act

Paycheck Protection Program

Paycheck Protection Program and Health Care Enhancement Act

Great American Economic Revival Industry Groups

List of acts of the 116th United States Congress

2020 in United States politics and government

2020s in United States political history

Health and Economic Recovery Omnibus Emergency Solutions Act

Consolidated Appropriations Act, 2021

American Rescue Plan

COVID-19 and homelessness

. The Wall Street Journal. March 26, 2020.

"What's in the $2 Trillion Senate Coronavirus Bill"

as amended (PDF/details) in the GPO Statute Compilations collection

CARES Act

as enacted (PDF/details) in the US Statutes at Large

CARES Act

on Congress.gov

H.R. 748