§4511) to “allocate to domestic use certain scarce or threatened materials” designated by the Secretary of HHS, “including N95 masks, other respirators, surgical masks, and gloves.” The DPA doesn't mention export restrictions, but the Administration is employing the President's priority and allocation authority under section 101 of the Act to achieve an indirect limit on exports. On Friday, 3 April, the President issued a Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use directing the Department of Homeland Security (DHS) (through FEMA) and HHS to use any and all authority available under section 101 of the DPA (50 U.S.C.territory, the reference to any “subsidiary or affiliate” in the President’s memorandum appears to be an attempt to ensure that supplies produced in 3M’s overseas facilities in China would be shipped to the United States. On 2 April 2020, the President directed the Secretary of Health and Human Services (HHS) to use “any and all authority available under the Act to acquire, from any appropriate subsidiary or affiliate of 3M Company, the number of N-95 respirators that the Administrator determines to be appropriate.” While section 4562 of the DPA expressly limits its application to U.S.The Trump Administration has taken an expansive approach to interpreting the President's powers under the DPA. Investigations, White Collar, and Fraud.Litigation, Arbitration, and Employment.Trade Secrets and Confidential Know-how.Strategic Operations, Agreements and Regulation.Pharmaceuticals and Biotechnology Regulatory.Medical Device and Technology Regulatory.Government Relations and Public Affairs.Government Contracts and Public Procurement.Private Equity, Venture Capital and Investment Funds.Infrastructure, Energy, Resources, and Projects.Corporate Governance and Public Company Representation.
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