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EO 13953Executive OrderTrump 45 · R Quiet signal

Executive Order 13953

Addressing the Threat to the Domestic Supply Chain From Reliance on Critical Minerals From Foreign Adversaries and Supporting the Domestic Mining and Processing Industries

This executive order declares a national emergency over U.S. dependence on critical minerals from foreign adversaries, particularly China. It mandates multiple agency reports on supply chain vulnerabilities, directs faster permitting for domestic mining and processing, and tasks the Energy Secretary with revising loan guarantee rules to support domestic mineral supply chains.

Federal Register Open PDF 85 FR 62539

Impact dates

  1. Subsequent bi-annual reports to President every 180 days thereafter

  2. First bi-annual report to President on state of threat from foreign adversary mineral reliance

  3. Secretary of Energy proposes rules for notice and comment to revise/reconsider regulations

  4. Secretary of Interior submits investigation report on foreign adversary mineral reliance with executive action recommendations

  5. Relevant agency heads submit strategy reports for using legal authorities to meet domestic supply chain goals

  6. OSTP Director submits report on federal R&D for mineral supply chains

  7. Secretary of State submits report on allied supply chain cooperation and responsible sourcing

  8. Relevant agency heads submit report identifying legal authorities and appropriations for domestic mineral supply chain goals

  9. Secretary of Energy develops and publishes guidance on Title XVII and ATVM loan eligibility for mineral supply chain projects

  10. Secretary of Energy reviews DOE regulations interpreting Title XVII and ATVM statute

Key directives

  • Secretary of Interior to investigate reliance on foreign adversary critical minerals and report within 60 days with recommendations including potential tariffs/quotas/import restrictions
  • Bi-annual reports to President on threat status beginning January 1, 2021, every 180 days thereafter
  • All relevant agency heads to identify legal authorities/appropriations for domestic supply chain goals within 30 days
  • All relevant agency heads to submit strategy reports using those authorities within 60 days
  • OSTP Director to report on federal R&D for mineral mapping/extraction/processing within 60 days
  • Secretary of State to report on allied supply chain cooperation within 45 days
  • Secretary of Energy to develop and publish guidance on Title XVII and ATVM loan eligibility for mineral supply chain projects within 30 days
  • Secretary of Energy to review DOE regulations and propose revisions within 90 days
  • Multiple agencies to accelerate permitting for domestic mineral supply chain projects
  • Interior, Energy, EPA to identify authorities to develop historic/abandoned mining sites for critical mineral recovery
  • Interior and Defense to consider using Defense Production Act authorities (EO 13603) for grants to procure mineral processing equipment

Who is ordered

Timeline

Immediate

  • National emergency declared
  • Policy established prioritizing domestic critical minerals supply chains

Near term (90d)

  • Multiple agency reports due (30-60 days)
  • Energy Secretary guidance on loan eligibility (30 days)
  • Energy Secretary regulatory review (30 days) and proposed rules (90 days)
  • State Department report on allied supply chain cooperation (45 days)

Long term

  • Bi-annual threat assessments to President beginning January 1, 2021
  • Potential tariff/quota recommendations
  • Regulatory revisions to Title XVII and ATVM programs
  • Permitting acceleration for mining projects
  • Development of historic mining site reuse for critical minerals recovery

Risks & tensions

  • Environmental regulations may conflict with accelerated permitting mandate in Section 5; text does not specify how to resolve
  • 'Relevant agencies' undefined in scope, creating implementation uncertainty
  • Tariff/quota recommendations in Section 1(a) could trigger trade retaliation but are advisory, not mandatory
  • Loan guarantee guidance in Section 4 requires interpretation of statutory terms ('avoid, reduce, or sequester') that may constrain eligibility expansion
  • EO 13603 grant program consideration (Section 3) is exploratory, not directive
  • Appropriations limitation in Section 9(b) may blunt impact without congressional funding
  • Amended EO 13817 requires periodic critical minerals list updates but sets no schedule
Executive Order 13953: Addressing the Threat to the Domestic Supply Chain From Reliance on Critical Minerals From Foreign Adversaries and Supporting the Domestic Mining and Processing Industries · Executive Orders