MEMORANDUM FOR THE SECRETARY OF COMMERCE
SUBJECT: Presidential Determination Under Section 101 of the Defense Production Act of 1950, as Amended, Regarding Recoverable Critical Minerals and Materials
Section 1. Policy and General Findings. (a) Recoverable critical minerals and materials (CMMs) are vital industrial resources for national defense.
(b) The current shortfall in America’s supply of CMMs poses an increasing risk to national defense and security. The United States is heavily reliant on imports of specific CMMs from foreign sources, which could lead to severe and ongoing supply chain disruptions.
(c) It is crucial for the United States to take immediate measures to secure the supply chain for recoverable CMMs.
Sec. 2. Definitions. For the purpose of this determination:
(a) The term “recoverable critical minerals and materials” encompasses black mass, end-of-life, rare-earth permanent magnets, or other goods that have completed the manufacturing process; swarf; and other waste and scrap containing critical minerals and materials. Notably, it excludes copper scrap, which is covered under Proclamation 10962 of July 30, 2025 (Adjusting Imports of Copper Into the United States).
(b) The term “critical minerals and materials” refers to minerals as outlined in Executive Order 14241 of March 20, 2025 (Immediate Measures to Increase American Mineral Production); strategic and critical materials as per 50 U.S.C. 98h-3; critical materials as detailed in section 7002(a)(2) of the Energy Act of 2020, Public Law 116-260, 134 Stat. 1182, 2562; and any other mineral or material designated by the Secretary of Commerce, notwithstanding Executive Order 13603 of March 16, 2012 (National Defense Resources Preparedness).
Sec. 3. Ensuring an Adequate Supply of Recoverable CMMs. (a) By the authority granted to me as President under the Constitution and U.S. laws, including section 101 of the Defense Production Act of 1950, as amended (the “Act”) (50 U.S.C. 4511), I determine, pursuant to section 101 of the Act, that:
(i) Recoverable CMMs are scarce and essential materials crucial for national defense; and
(ii) The national defense requirements for recoverable CMMs cannot be met without causing significant disruptions to the normal distribution of these materials in the civilian market, resulting in considerable hardship.
(b) You are authorized and directed to carry out this determination by taking all necessary actions under section 101 of the Act as delegated to the Secretary of Commerce in Executive Order 13603, including issuing regulations, rules, guidance, and procedures, and to ensure this determination is published in the Federal Register.
DONALD J. TRUMP
