Commerce Department Seeks Public Comment on Critical Mineral Data Collection Under Defense Production Act

The Department of Commerce's Bureau of Industry and Security (BIS) has opened a crucial public comment period regarding new information collection requirements stemming from a presidential directive. This move, detailed in a recent Federal Register notice, operationalizes President Trump's July 30, 2026, Presidential Determination No. 2026-19. The determination identified recoverable Critical Minerals and Materials (CMMs) as scarce and vital for national defense, thereby invoking the broad powers of the Defense Production Act (DPA) of 1950 to ensure their supply. The notice specifically invites feedback on the data collection burden imposed by Directive Allocation Orders, which are designed to secure these essential resources.

Background and Authority

The foundation for this action lies in Title I of the Defense Production Act, a Korean War-era statute granting the President extensive powers to shape domestic industry for national defense. Executive Order 13603 delegates much of this authority to various Secretaries, with the Secretary of Commerce specifically overseeing "industrial resources" not delegated elsewhere. President Trump's determination explicitly found CMMs to be scarce and critical, empowering the Commerce Secretary to use DPA authority to establish nationwide priorities and allocations for materials, services, and facilities necessary for their continued supply. This determination underscores a growing federal concern over the resilience and security of critical supply chains, particularly those involving minerals essential for advanced technologies and defense applications.

The Temporary Final Rule and Data Collection

In response to President Trump's determination, BIS issued a Temporary Final Rule on August 6, 2026, titled "DPAS Directive Allocation Order and Additional Requirements for Recoverable Critical Minerals and Materials." This rule established the mechanism through which the DPA's allocation authority would be exercised. Central to this mechanism are "Directive Allocation Orders," which mandate the collection of specific critical information from companies involved in the CMM supply chain. The Federal Register notice clarifies that the purpose of this data collection is two-fold: to effectively implement Presidential Determination No. 2026-19 and to ensure compliance with the broader DPAS regulation and the issued Directive Allocation Orders. The notice anticipates approximately 600 respondents, primarily businesses, facing an estimated annual burden of over 3,126 hours.

Implications for Industry and National Security

The implementation of these Directive Allocation Orders carries significant implications. For affected industries, ranging from mining and processing to manufacturing, it introduces new reporting obligations and potential shifts in resource allocation. Companies may find themselves compelled to prioritize certain orders or share proprietary information, albeit under the protections afforded by the DPA. From a national security perspective, this initiative reflects a strategic effort to reduce reliance on foreign sources for critical materials and bolster domestic supply chain resilience. The designation of "recoverable" CMMs also suggests an emphasis on domestic extraction, recycling, or novel recovery methods, signaling a potential shift in industrial policy. This federal intervention aims to pre-empt supply disruptions that could cripple defense capabilities or key technological sectors.

The Comment Period and Future Outlook

The current 60-day public comment period, closing on October 26, 2026, offers a crucial opportunity for stakeholders to voice concerns or suggest improvements regarding the proposed information collection. BIS is specifically seeking feedback on the necessity and practical utility of the collection, the accuracy of its burden estimates, methods to enhance data quality and clarity, and ways to minimize reporting burdens, including through automated techniques. The input received will help refine the implementation of these significant DPA powers. The ongoing dialogue between government and industry will be vital in navigating the complexities of balancing national security imperatives with commercial realities, ensuring that the federal government's efforts to secure critical minerals are both effective and efficient.