Presidential Determination Pursuant to Section 101 of the Defense Production Act of 1950, as Amended, on Recoverable Critical Minerals and Materials

Key Points

• The order uses the Defense Production Act to declare that recycled critical minerals, like old magnets, battery waste, and scrap, are scarce materials essential to national defense.
• It defines these recoverable materials broadly to include black mass, spent rare-earth magnets, industrial swarf, and other scrap, but specifically leaves out copper scrap, which is handled under a separate 2025 proclamation.
• The administration finds that military needs for these materials cannot be met without stepping into the normal civilian market, even if that causes hardship for regular buyers and sellers.
• The Commerce Secretary is directed to write new regulations, rules, and guidance to carry out this determination and manage how these materials are distributed.