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| How the Defense Production Act Could Yield More Masks, Ventilators and Tests | How the Defense Production Act Could Yield More Masks, Ventilators and Tests |
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| WASHINGTON — President Trump issued an executive order this week invoking the Defense Production Act to battle the coronavirus pandemic, but his advisers have resisted making aggressive use of the law to mobilize private industry. | WASHINGTON — President Trump issued an executive order this week invoking the Defense Production Act to battle the coronavirus pandemic, but his advisers have resisted making aggressive use of the law to mobilize private industry. |
| Mr. Trump has given mixed signals about whether his administration has actually used the law at all to spur the production of scarce and necessary items like ventilators; testing kits; and protective masks, gloves, and gowns. | Mr. Trump has given mixed signals about whether his administration has actually used the law at all to spur the production of scarce and necessary items like ventilators; testing kits; and protective masks, gloves, and gowns. |
| Here is an explanation of the law. | Here is an explanation of the law. |
| It is a law that permits the federal government to impose some control over private-sector industry to ensure the production of material that is deemed necessary for national defense. It traces back to the Korean War. | It is a law that permits the federal government to impose some control over private-sector industry to ensure the production of material that is deemed necessary for national defense. It traces back to the Korean War. |
| Congress enacted it with military necessities like steel and tanks in mind, but lawmakers expanded it after the Sept. 11, 2001, attacks to cover other areas, including public health and safety. It was reauthorized last year until 2025. | Congress enacted it with military necessities like steel and tanks in mind, but lawmakers expanded it after the Sept. 11, 2001, attacks to cover other areas, including public health and safety. It was reauthorized last year until 2025. |
| Notably, an existing government panel created under the law, the Defense Production Act Committee — made up of officials from various agencies — already has a process and a system in place to implement it. | Notably, an existing government panel created under the law, the Defense Production Act Committee — made up of officials from various agencies — already has a process and a system in place to implement it. |
| “If I were advising the president, I would say, ‘Mr. President you have a lot more tools available under the D.P.A. than are being used. Moreover, some of the tools have lead times,’” said Jamie E. Baker, a former legal adviser to the National Security Council and a professor of national security law at Syracuse University. | “If I were advising the president, I would say, ‘Mr. President you have a lot more tools available under the D.P.A. than are being used. Moreover, some of the tools have lead times,’” said Jamie E. Baker, a former legal adviser to the National Security Council and a professor of national security law at Syracuse University. |
| He added: “And, if these tools are being used, then the government should be more transparent in their use so that the public and our first responders are aware that help is on the way.” | He added: “And, if these tools are being used, then the government should be more transparent in their use so that the public and our first responders are aware that help is on the way.” |
| One part of the law permits the government to alter the order in which companies fulfill their contractual obligations by telling them to prioritize some existing contracts ahead of others. For example, if a company makes surgical masks and other paper products, the government could tell it to put the other items on hold to free up production for masks. The Pentagon routinely uses this authority with defense contractors. | One part of the law permits the government to alter the order in which companies fulfill their contractual obligations by telling them to prioritize some existing contracts ahead of others. For example, if a company makes surgical masks and other paper products, the government could tell it to put the other items on hold to free up production for masks. The Pentagon routinely uses this authority with defense contractors. |
| There is an open question about whether the government could use the law to force a company to accept a new contract for a product that it does not already make. | There is an open question about whether the government could use the law to force a company to accept a new contract for a product that it does not already make. |
| Convincing companies to set up new facilities from scratch may be particularly difficult. Industry executives said it could take months for factories to obtain the necessary equipment to begin production. Much of the equipment used in American factories is now made offshore, and the global shipping industry is in disarray. | Convincing companies to set up new facilities from scratch may be particularly difficult. Industry executives said it could take months for factories to obtain the necessary equipment to begin production. Much of the equipment used in American factories is now made offshore, and the global shipping industry is in disarray. |
| The law gives the federal government the power to decide how scarce material of national security importance is distributed. For example, during a war, it could use that power to steer steel to a tank factory over an automobile factory. | The law gives the federal government the power to decide how scarce material of national security importance is distributed. For example, during a war, it could use that power to steer steel to a tank factory over an automobile factory. |
| Mr. Baker said the federal government must consider making aggressive use of this power to allocate ventilators and masks rolling off production lines, so that they are distributed to where they are needed most rather than risk states fighting for them in bidding wars. | Mr. Baker said the federal government must consider making aggressive use of this power to allocate ventilators and masks rolling off production lines, so that they are distributed to where they are needed most rather than risk states fighting for them in bidding wars. |
| “We do not want states competing with each other for the same mask,” Mr. Baker said. “We want best public health practices to determine where resources should flow and in what order.” | “We do not want states competing with each other for the same mask,” Mr. Baker said. “We want best public health practices to determine where resources should flow and in what order.” |
| The government could already be incentivizing rapid changes to expand production capacity and supply of necessary products. | The government could already be incentivizing rapid changes to expand production capacity and supply of necessary products. |
| Title III of the Defense Production Act consists of a collection of powers the government could use for this purpose, including making guaranteed loans to help companies develop new production capabilities of goods relevant to the crisis. The government can also procure and install equipment in factories, including privately owned ones. | Title III of the Defense Production Act consists of a collection of powers the government could use for this purpose, including making guaranteed loans to help companies develop new production capabilities of goods relevant to the crisis. The government can also procure and install equipment in factories, including privately owned ones. |
| The law lets the government spend $50 million out of a special fund for this purpose before executive branch officials would need to ask Congress for additional authority. | The law lets the government spend $50 million out of a special fund for this purpose before executive branch officials would need to ask Congress for additional authority. |
| It could be collecting information about factory equipment to figure out which companies have the capacity to change their production lines and make more needed items. | It could be collecting information about factory equipment to figure out which companies have the capacity to change their production lines and make more needed items. |
| Updated June 16, 2020 | |
| The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | |
| So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
| Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
| A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
| The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
| Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. | Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. |
| States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
| Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
| If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
| Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. | Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. |
| The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. | The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. |
| If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
| If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
| Under Section 705 of the Defense Production Act, the government can gather information to make such assessments, wielding subpoena power and criminal penalties if a company owner balks and says the information is proprietary. The government could use this power to gather information now that would put it in a position to identify which firms would have the capacity to retool if necessary later. | Under Section 705 of the Defense Production Act, the government can gather information to make such assessments, wielding subpoena power and criminal penalties if a company owner balks and says the information is proprietary. The government could use this power to gather information now that would put it in a position to identify which firms would have the capacity to retool if necessary later. |
| He has issued an executive order delegating the ability to invoke powers under the Defense Production Act to Alex M. Azar II, the secretary of health and human services, to battle the coronavirus pandemic. | He has issued an executive order delegating the ability to invoke powers under the Defense Production Act to Alex M. Azar II, the secretary of health and human services, to battle the coronavirus pandemic. |
| No. It is a minor bureaucratic thing to do. In 2016, President Barack Obama had already delegated the ability to invoke the Defense Production Act to several Cabinet secretaries, for example. | No. It is a minor bureaucratic thing to do. In 2016, President Barack Obama had already delegated the ability to invoke the Defense Production Act to several Cabinet secretaries, for example. |
| This is unclear. | This is unclear. |
| The administration has not announced that Mr. Azar has ordered any particular company to do any particular thing under the Defense Production Act. And Mr. Trump said on Twitter that, “I only signed the Defense Production Act to combat the Chinese Virus should we need to invoke it in a worst case scenario in the future. Hopefully there will be no need, but we are all in this TOGETHER!” | The administration has not announced that Mr. Azar has ordered any particular company to do any particular thing under the Defense Production Act. And Mr. Trump said on Twitter that, “I only signed the Defense Production Act to combat the Chinese Virus should we need to invoke it in a worst case scenario in the future. Hopefully there will be no need, but we are all in this TOGETHER!” |
| On Friday, Senator Chuck Schumer, Democrat of New York and the minority leader, said he had urged Mr. Trump in a phone call to actually use the Defense Production Act to get going on producing more ventilators and other equipment needed to combat the virus, and that Mr. Trump had yelled to someone in his office to do it now. | On Friday, Senator Chuck Schumer, Democrat of New York and the minority leader, said he had urged Mr. Trump in a phone call to actually use the Defense Production Act to get going on producing more ventilators and other equipment needed to combat the virus, and that Mr. Trump had yelled to someone in his office to do it now. |
| Later that day, in a testy news conference, Mr. Trump claimed that he had already used the law to spur production of “millions of masks.” But Mr. Trump has a long history of saying things that have no basis in fact, and no company has disclosed receiving any such order. | Later that day, in a testy news conference, Mr. Trump claimed that he had already used the law to spur production of “millions of masks.” But Mr. Trump has a long history of saying things that have no basis in fact, and no company has disclosed receiving any such order. |
| Ana Swanson contributed reporting. | Ana Swanson contributed reporting. |