Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate- Based Herbicides
- Executive Order Number
- 14387
- President
- Donald Trump
- Signed
- February 18, 2026
- Published
- February 23, 2026
- Source
- Federal Register
- Original Document
- https://www.govinfo.gov/content/pkg/FR-2026-02-23/pdf/2026-03628.pdf
AI-Generated Summary
Executive Order Summary: Ensuring Supply of Elemental Phosphorus and Glyphosate-Based Herbicides (February 18, 2026)
Purpose
The order declares elemental phosphorus and glyphosate-based herbicides as critical to national defense and security, including military readiness (e.g., semiconductors, batteries, munitions) and agricultural productivity (e.g., crop protection for food and feed). It cites limited domestic production (one producer insufficient for needs), reliance on imports (>6M kg elemental phosphorus annually), and risks from scarcity, invoking the Defense Production Act (DPA) to address vulnerabilities to foreign actors.
Key Actions and Directives
- Delegates DPA Section 101 authority (50 U.S.C. 4511) to the Secretary of Agriculture (overriding aspects of EO 13603), including:
- Prioritizing contracts/orders for national defense.
- Allocating materials, services, and facilities.
- Implementing DPA provisions in 50 U.S.C. §§ 4554–4560.
- Requires consultation with the Secretary of War (likely referring to Secretary of Defense) for nationwide priorities and allocations.
- Directs the Secretary to issue orders, rules, and regulations, while ensuring they do not jeopardize corporate viability of domestic producers.
- Mandates compliance by producers per 7 C.F.R. Part 789 and confers DPA immunity (50 U.S.C. 4557).
Significant Changes to Policy or Law
- Specific DPA delegation to Agriculture Secretary for these materials, superseding general delegations in EO 13603.
- Formalizes elemental phosphorus (per Interior's critical mineral designation) and glyphosate herbicides as DPA priorities, emphasizing no direct chemical alternatives and linking agriculture to defense.
- Introduces protections for domestic producers' viability in DPA implementation.
Potential Impacts
- Government agencies: Shifts oversight to USDA, potentially increasing coordination with DOD/Interior; requires rules and allocations.
- Citizens/economy: Bolsters food security and affordability by sustaining agricultural yields; reduces import reliance.
- Defense/industry: Secures supply chains for weapons, tech, and batteries; prevents production disruptions.
- International relations: Mitigates risks from foreign supply dependence, possibly affecting trade.
Main Stakeholders
- Department of Agriculture (lead implementer).
- Domestic producers of elemental phosphorus and glyphosate herbicides (one primary U.S. producer).
- Farmers/ranchers (reliant on glyphosate for productivity).
- Department of Defense ("Secretary of War"; consultation role).
- Department of Interior (critical mineral context).
- Defense manufacturers and agricultural sector broadly.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on presidential DPA authority (50 U.S.C. 4501 et seq.) and Constitution; standard non-impairment clause preserves other agency authorities; no new private rights created.
- Constitutional: Exercises Article II executive powers for national defense, including food security as defense priority.
- Political: Frames agriculture as integral to defense; could preempt restrictions on glyphosate; subject to appropriations and law; publication costs on USDA.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.