The Law That Biden Says He’d Use More to Fight Virus

When it comes to asserting the powers of his office, President Donald Trump is no shrinking violet. In the response to the coronavirus, however, Trump’s critics say he could do more with a law at his disposal that can speed up production of items needed by hospitals and health care professionals. Trump has used the Defense Production Act, but not aggressively enough in the eyes of his Democratic opponents. And one deployment of the law has led to inquiries by Congress and securities regulators.

It’s a U.S. law enacted under President Harry Truman in 1950 to help with the Korean War. It granted broad authority to the executive branch to intervene in private industry by demanding that manufacturers give priority to military-related orders, a power still used “routinely” by the Department of Defense, according to the Congressional Research Service. Congress over the years expanded the law’s scope so that it can be used in support of critical infrastructure, homeland security, national emergencies and space programs. Under the law, the government can provide loans or waive antitrust restrictions to encourage industry cooperation, control the use of scarce resources and bar hoarding and price gouging.