Posted on 03/27/2020 9:00:37 PM PDT by ransomnote
MEMORANDUM FOR THE SECRETARY OF HEALTH AND HUMAN SERVICES
SUBJECT: Order Under the Defense Production Act Regarding
General Motors Company
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S.C. 4501 et seq.) (the “Act”), it is hereby ordered as follows:
Section 1. Policy. On March 13, 2020, I declared a national emergency recognizing the threat that the novel (new) coronavirus known as SARS-CoV-2 poses to our national security. In recognizing the public health risk, I noted that on March 11, 2020, the World Health Organization announced that the outbreak of COVID-19 (the disease caused by SARS-CoV-2) can be characterized as a pandemic. I also noted that while the Federal Government, along with State and local governments, have taken preventive and proactive measures to slow the spread of the virus and to treat those affected, the spread of COVID-19 within our Nation’s communities threatens to strain our Nation’s healthcare system. I further noted that, to ensure that our healthcare system is able to surge capacity and capability to respond to the spread of COVID-19, it is critical that all health and medical resources needed to respond to the spread of COVID-19 are properly distributed to the Nation’s healthcare system and others that need them most at this time. Accordingly, I found that that health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators, meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)).
Sec. 2. Presidential Direction to the Secretary of Health and Human Services (Secretary). The Secretary shall use any and all authority available under the Act to require General Motors Company to accept, perform, and prioritize contracts or orders for the number of ventilators that the Secretary determines to be appropriate.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
Turbos, smog air pumps.
Oh sure.
Constitutionally. That’s what I’m asking. Where is the constitutional authority for the war powers acts.
I’m not saying it’s not there. I just want the justification.
The Constitution..any Constitution...allows the political process to take action in extreme emergencies. It is well understood that it cannot cover any exigency that may come up through time. It is written by men, it is not the Word of God. It is an agreement between the people as to how we will organize our society, it is not meant to provide guidance on any and every situation that can face mankind.
Thus things like the War Powers Act. It’s Constitutionality can be reviewed and determined by the courts...if anyone cares to take the action through judicial review, and in time the action can be upheld or rejected based on the arguments.
“Likely this just gets the accountants and lawyers out of the way of the engineers and production folks.”
mrs. catnipman was just saying pretty much the same thing this morning ...
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