MemorandumThe White HouseJuly 30, 2026
President directs Commerce to secure recoverable critical minerals under DPA
Secretary of Commerce can use Section 101 of the Defense Production Act to shore up U.S. supplies of recoverable critical minerals (recycled magnets, black mass, swarf); copper scrap excluded.
Summary
What happened
- The President issued a determination under Section 101 of the Defense Production Act that "recoverable critical minerals and materials" (CMMs) are scarce, essential to national defense, and pose a supply‑chain risk.
What "recoverable CMMs" covers
- Examples named in the memorandum: black mass, end‑of‑life rare‑earth permanent magnets and goods that have completed manufacturing, swarf, and other waste and scrap containing critical minerals and materials.
- Copper scrap is excluded (covered separately by Proclamation 10962 of July 30, 2025).
Authority and next steps
- The Secretary of Commerce is authorized and directed to implement the determination using Section 101 DPA authorities, under the delegation in Executive Order 13603.
- Implementation tools listed include issuing regulations, rules, guidance, and procedures. The determination will be published in the Federal Register.
Legal references cited in the memorandum
- Section 101 of the Defense Production Act (50 U.S.C. 4511)
- Executive Order 13603 (delegation to Commerce)
- Executive Order 14241 and statutory definitions for "critical minerals and materials" (including 50 U.S.C. 98h‑3 and the Energy Act of 2020 definitions).
Signed by: Donald J. Trump
Related links
- Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Domestic Petroleum Production, Refining, and Logistics Capacity
- Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Grid Infrastructure, Equipment, and Supply Chain Capacity
- Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Coal Supply Chains and Baseload Power Generation Capacity
- Fact Sheet: President Donald J. Trump Delegates Defense Production Act Authority with Respect to Recoverable Critical Minerals and Materials That Are Essential to Our National Defense
- Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Development, Manufacturing, and Deployment of Large-Scale Energy and Energy‑Related Infrastructure
Source: The White House