On Thursday, April 2, 2020, President Trump issued two memoranda directing use of the Defense Production Act (“DPA”) to (i) facilitate the supply of materials for production of ventilators and (ii) acquire N-95 respirators. Making the determination necessary to trigger the president’s powers under DPA section 101, 50 U.S.C. § 4511, the presidential memoranda determined that the scarcity of critical health and medical resources essential to national defense requires intervention in the commercial market.
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