However, after President Trump declared the novel coronavirus pandemic a national emergency earlier this month, he instructed state governors to order their own ventilators, respirators and supplies, saying the federal government is “not a shipping clerk.” “aintain a stockpile or stockpiles of drugs, vaccines and other biological products, medical devices, and other supplies in such numbers, types, and amounts as are determined … to be appropriate and practicable, taking into account other available sources, to provide for and optimize the emergency health security of the United States, including the emergency health security of children and other vulnerable populations, in the event of a bioterrorist attack or other public health emergency.” The law requires the Secretary of Health and Human Services to: The following often-quoted section of the United States Code explains precisely, in legal terms, what the strategic stockpile is intended to do. That’s where local, state, and federal governments work together to ensure supplies are available for all Americans. The original language more accuately reflects the system of federalism contemplated in the law itself. The new phrases “short-term,” “stopgap,” and “buffer” appear nowhere in the relevant section of the United States Code. The old language said the stockpile “ensures … medicines and supplies get to those who need them” if “local supplies … run out.” The new langauge says the stockpile is meant merely “to supplement” local supplies and echoes language by Kushner and the Trump Administration that states should take the lead. The differences in the language are stark and important. The supplies, medicines, and devices for life-saving care contained in the stockpile can be used as a short-term stopgap buffer when the immediate supply of adequate amounts of these materials may not be immediately available. Many states have products stockpiled, as well. The Strategic National Stockpile’s role is to supplement state and local supplies during public health emergencies. Shortly before 11:40 a.m., however, the site changed to read as follows: Organized for scalable response to a variety of public health threats, this repository contains enough supplies to respond to multiple large-scale emergencies simultaneously. When state, local, tribal, and territorial responders request federal assistance to support their response efforts, the stockpile ensures that the right medicines and supplies get to those who need them most during an emergency. Strategic National Stockpile is the nation’s largest supply of life-saving pharmaceuticals and medical supplies for use in a public health emergency severe enough to cause local supplies to run out. While researching Kushner’s statements, Law&Crime examined this HHS website which explains, in simple terms, what the stockpile is for. We have analyzed the relevant law several times since the pandemic began. ![]() Kushner’s comments echo those of President Donald Trump himself, who, contrary to law, has said states should take the lead in procuring medical supplies for their people. Kushner on Thursday night suggested that the stash of gear is the federal government’s and insinuated that states shouldn’t be attempting to dictate where the supplies are sent. Law&Crime debunked that line of reasoning by examining the law itself. The United States Department of Health and Human Services (HHS) on Friday changed its website in a way that reflects the views of the Trump Administration and son-in-law Jared Kushner when it comes to the legally-mandatory “Strategic National Stockpile” of emergency medical supplies.
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