DPA Section 101 Determination — Recoverable Critical Minerals and Materials

Current understanding

A Presidential Determination under Section 101 of the Defense Production Act of 1950 formally designates recoverable critical minerals and materials as essential to the national defense, unlocking DPA Title I authorities (including priority-rated contracts and allocations) to support domestic recovery and production. The determination is a demand-side / supply-chain policy instrument rather than a tariff or export-control measure: it primarily affects domestic producers and processors of recoverable critical minerals and downstream defense-industrial buyers, with limited direct effect on importers or near-term consumer prices, though it may over time shift sourcing away from foreign suppliers.

Evidence log

• 2026-08-06 — DPAS Directive Allocation Order and Additional Requirements for Recoverable Critical Minerals and Materials: cross-connection with dpas-recoverable-critical-minerals-export-allocation: The §101 determination designating recoverable critical minerals and materials provides the statutory predicate for the DPAS 100% domestic-allocation rule on black mass and tungsten waste/scrap. (novelty: 3)
• 2026-08-04 — Presidential Determination Pursuant to Section 101 of the Defense Production Act of 1950, as Amended, on Recoverable Critical Minerals and Materials: cross-connection with defense-supply-chain-critical-materials-eo: Both are executive actions using DPA/procurement authorities to build a domestic critical-materials base for defense; the Section 101 determination provides the legal predicate for DPA Title I tools that the broader defense supply-chain EO directs agencies to deploy. (novelty: 3)

Open questions

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