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  • Jan 18, 2019

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A demonstration of the ventilator for future patients with coronavirus in Samson Assuta Hospital University in Ashdod Ashdod, Israel.

Jack Guez / AFP via Getty Images

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A demonstration ventilator for future patients to the coronavirus in Samson Assuta Hospital University in Ashdod Ashdod, Israel.

Bending increasing pressure to do so, President Trump announced Wednesday that it will use the dating of law back to the early years of the Cold War to overcome the shortage of supplies needed to respond to an outbreak of coronavirus in the US

I just signed the Defense Production Act to combat viruses Chinese should we need to invoke it in the worst case scenario in the future. Hopefully there will be no need, but we are all in this TOGETHER!

“We’re going to call, just in case we need it,” Trump told a news conference at the White House. “It can do good things if we needed it.”

A few hours later Trump signed formalizing the decision.

“To ensure that our health system is able to jump the capacity and capability to respond to the spread of COVID-19,” the order reads, “it is vital that all the resources of health and medical necessary to respond to the spread of COVID-19 distributed by right to health system Nations and others who need them the most this time. “

move was welcomed by one legal expert.

“They have to do this last day,” said Jeffrey Bialos, responsible use of the Pentagon’s Defense Production Act during the Clinton administration. “Is this Nirvana? No. But I think given where we are, I think this is a set of useful tools that if used in the right hands can be effective.”

The following is a Q & A about the law that Trump has been called:

What exactly is the Law of Defense Production, or DPA DPA is a law that has its origins in the power of the World War second, given the executive branch broad powers to direct the industry? production for the war effort. Those authorities allowed to expire when the war ended, but in 1950, after the Soviet-backed North Korea invaded South Korea, President Harry Truman revived the forces of apostasy by persuading Congress to enact the DPA.

But this is not a war – it is a health crisis. How DPA coronavirus associated with a pandemic? The law that authorized the president to control the production and distribution of scarce materials that are considered “essential to national defense.” In his executive order, specifically cited Trump protective equipment (probably face mask) and the ventilator as meeting the criteria in this rule.

How broad authority in the work of DPA to increase industrial production? The US government is able to make a contract with the industry under the law prioritize scarce supply of goods production. It can also provide loan guarantees or lend money directly to the targeted industries, and it can be from the anti-trust action resulting from the companies working together and planning with each other. And if they prove insufficient incentives, government officials can also be what is called “the allocation of authority” -. That, said the company that the government has the right to buy their product over others

“You can use the prospect of this case to make them agree with what you want to do – it is the sword of authority of Damocles, if you want , “said Bialos. “Basically, this is a set of administrative tools can be used to negotiate with companies in the industry so if you’re short while some products -. Ventilators, face masks, anything – you call on the company, a survey of their ability to quickly understand what they can and can not do, and then you start dealing. “

who will be responsible for implementing the DPA to increase the output masks and ventilators? in order executive, Trump delegate authority to implement the law “to the Secretary of Health and Human Services to all health and medical resources necessary to respond to the spread of COVID-19 in the United States.” HHS Secretary Alex Azar directed to consult with the Minister of Trade Wilbur Ross and heads of other agencies to determine “the right priorities and the allocation of all national health and medical resources, including controlling the distribution of these materials” for responding for coronavirus crisis.

What prompted Trump to invoke the DPA? Trump did not explain why he waited until now to implement this authority to invoke the DPA. He has come under increasing fire from congressional Democrats in recent days not to do so. One critic, Sen. Jack Reed, D-R.I., Changes in liver Trump. “Instead of saying we should ‘tremendous inventory,’ Trump Administration should begin to coordinate with the private sector to ensure that the actual Americans have life-saving supplies that we need,” Reed said in a statement. “Borrowing DPA is a needed step in the right direction.”

How quickly as possible strength DPA spur increased output from scarce supply? Strength They only apply to US companies, wherever they operate, according to Bialos. He said this could prove problematic if the firms have foreign companies in their supply chain. And not all companies are able to quickly shift production to what the government requires. “For companies that are already making a widget, it is easier to say, ‘OK, let’s put your line to its full capacity, let repurpose your line,'” said Bialos. “It gets much harder less substitutable production mix.”

However, Bialos expect the law will make a difference.

“I think in the short term, it is a tool to effectively suppress and mobilize the industrial base,” he said, “to get the most out of it. ‘

He also thinks the DPA could prove useful in preparing for the next crisis. “We clearly need a certain type of inventory regard to this pandemic that we have to place and not have sufficiently regulated,” notes Bialos. “And you could use this authority to buy things for supplies so that five, six months from now we are not in the same situation again.”

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