Written by: Sarah Johnson | March 20, 2020

By: Sarah Johnson

A COVID-19 update – taking a quick look at the Defense Product Act. Trump announced today (Friday, March 20) that he will be “putting into gear” the DPA, which he invoked via executive order earlier this week. Let us take a look at what this act is, why Trump has invoked it, and why we do not know what it will look like once it is put it into practice (at least not yet).

What is the Defense Production Act?

The Defense Production Act is a Korean War-era law that allows an administration to direct businesses’ operations to implement broad civil defense and mobilization in war times. Essentially, it allows Trump (or whoever is the president) to instruct civilian businesses to manufacture certain items to meet orders for products needed for national defense. According to FEMA

The Defense Production Act (DPA) is the primary source of Presidential authorities to expedite and expand the supply of resources from the U.S. industrial base to support military, energy, space, and homeland security programs.  Homeland security programs eligible for DPA support include:

    • Efforts to counter terrorism within the United States;
    • Emergency preparedness activities conducted pursuant to title VI of the Stafford Act;
    • Protection and restoration of critical infrastructure; and
    • Continuity of Government.

The DPA was first passed in 1950, during the Korean War. Since it was passed, it was used sporadically during the Cold War, in the 1980s by the DOD to provide seed money to develop new technologies, and by Obama in 2011 to source information on the use of foreign-manufactured hardware and software in companies’ networks in an attempt to combat Chinese cyber espionage. The DPA was reauthorized in 2014. The Act was last invoked in 2017, when the Federal Emergency Management Agency used Title I to get food and water to communities impacted by intense hurricanes. In 2018, Trump discussed invoking the DPA to boost our coal industry, but it was never invoked. In relation to COVID-19, this act allows the Trump administration to require American manufacturers make and distribute items needed to fight against the pandemic. To see a post about legislation the country is currently proposing to also help fight this, read this blog.

What is currently happening surrounding this act?

On Wednesday, March 18, Trump signed an executive order invoking the Defense Production Act, and on Friday, March 20th, it was reported that Trump told Senate Minority Leader Chuck Schumer he plans to now use the act. It was a little confusing earlier this week, because Trump did sign the order to invoke the DPA, but then said he was not going to use it. He then tweeted he would only use it in a “worst case scenario”, while also calling COVID-19 the “Chinese Virus”.

On March 18th, the Senate proposed a resolution encouraging the President to use authorities provided by the Defense Production Act of 1950 to scale up the national response to the coronavirus crisis. When Trump invoked the DPA on Wednesday, he said

We’ll be invoking the Defense Production Act, just in case we need it. In other words — I think you will know what it is — and it can do a lot of good things if we need it, and we will have it all completed, signing it in just a little while, right after I’m finished with this conference. I’ll be signing it.

It has been widely reported that health workers (first responders, hospital employees, and others) having been running out of personal protective equipment (think masks, gloves, and gowns). These items play a critical role in keeping these irreplaceable professionals safe and able to continue fighting on the front lines of the pandemic. Trump triggering the DPA will hopefully help accelerate the production of these needed medical supplies, as well as other important items of high demand like ventilators and sanitization products.

During his news conference today, Trump said he has put the act “into high gear” – but it is anyone’s guess as of now what that will look like relating to how the White House will use the DPA to create, access, and distribute the needed supplies. As  COVID-19 and the response needed are rapidly evolving, the DPA could be the tool we need to start being on the offensive of this threat.

March 27th, 2020 Update

In the last week, there has been more and more coverage relating to the Defense Production Act. This week has been incredibly confusing to understand if the DPA is being used, and if it is, to what extent. On Sunday, Trump said his reluctance to use the law as it being similar in his eyes to a government takeover of companies. He said “We’re a country not based on nationalizing our business. Call a person over in Venezuela. Ask them, how did nationalization of their businesses work out? Not too well. The concept of nationalizing our business is not a good concept.”

On Monday, US S3568 was proposed as a bill to require the President to use authorities under the Defense Production Act of 1950 to require emergency production of medical equipment to address the COVID-19 outbreak. It has been in committee all week. 

 

On Tuesday, Trump tweeted

Then, just minutes later, Pete Gaynor, a FEMA administrator, said Trump’s administration will start using the powers in the DPA for 60,000 tests kits and “use the allocation portion of the DPA” starting on Tuesday. He said, “Just a little while ago my team came in and we’re actually going to use the DPA for first time today,” which apparently caught top White House officials off guard.

Throughout the week, many governors and health officials have been pleading with Trump to use the DPA to help them obtain the PPE equipment and other essentials, like respirators, they already need, and expect to need even more due to the rate of this virus. Currently, states are having to compete for these items. New York Governor, Andrew Cuomo, said states are outbidding each other and raising prices for critical coronavirus medical supplies. Massachusetts Governor, Charlie Baker, reported that he was denied three orders of needed equipment because FEMA outbid him.

At the end of the week, all of this is currently still up in the air, but states and their governors’ are getting more and more panicked and asking for the DPA to be used to help them more, and more.

 

More updates to come as we see how this, and the pandemic in general, develops nationwide.

Cover Photo by Dimitri Karastelev on Unsplash

 

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