Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate- Based Herbicides

[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]

[Presidential Documents]

[Pages 8703-8705]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2026-03628]

[[Page 8701]]

Vol. 91

Monday,

No. 35

February 23, 2026

Part IV

The President

-----------------------------------------------------------------------

Executive Order 14387--Promoting the National Defense by Ensuring an

Adequate Supply of Elemental Phosphorus and Glyphosate-Based Herbicides

Presidential Documents

Federal Register / Vol. 91 , No. 35 / Monday, February 23, 2026 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 8703]]

Executive Order 14387 of February 18, 2026

Promoting the National Defense by Ensuring an

Adequate Supply of Elemental Phosphorus and Glyphosate-

Based Herbicides

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, including the Defense Production Act of 1950,

as amended (50 U.S.C. 4501 et seq.) (the ``Act''), and

section 301 of title 3, United States Code, it is

hereby ordered:

herefore

crucial to military readiness and national defense. It

is a key input in smoke, illumination, and incendiary

devices and is a critical component for manufacturing

the semiconductors that are central to numerous defense

technologies, such as radar, solar cells, sensors, and

optoelectronics. It is also increasingly important in

modern lithium-ion battery chemistries used in a

multitude of weapon-system supply chains. For these and

other reasons, on November 7, 2025, the Department of

the Interior, acting pursuant to the Energy Act of

2020, designated phosphate as a critical mineral.

Elemental phosphorus is also a critical precursor

element for the production of glyphosate-based

herbicides, which play a critical role in maintaining

America's agricultural advantage by enabling farmers to

efficiently and cost-effectively produce food and

livestock feed. As the most widely used crop protection

tools in United States agriculture, glyphosate-based

herbicides are a cornerstone of this Nation's

agricultural productivity and rural economy, allowing

United States farmers and ranchers to maintain high

yields and low production costs while ensuring that

healthy, affordable food options remain within reach

for all American families.

ate as a critical mineral.

Elemental phosphorus is also a critical precursor

element for the production of glyphosate-based

herbicides, which play a critical role in maintaining

America's agricultural advantage by enabling farmers to

efficiently and cost-effectively produce food and

livestock feed. As the most widely used crop protection

tools in United States agriculture, glyphosate-based

herbicides are a cornerstone of this Nation's

agricultural productivity and rural economy, allowing

United States farmers and ranchers to maintain high

yields and low production costs while ensuring that

healthy, affordable food options remain within reach

for all American families.

There is no direct one-for-one chemical alternative to

glyphosate-based herbicides. Lack of access to

glyphosate-based herbicides would critically jeopardize

agricultural productivity, adding pressure to the

domestic food system, and may result in a transition of

cropland to other uses due to low productivity. Given

the profit margins growers currently face, any major

restrictions in access to glyphosate-based herbicides

would result in economic losses for growers and make it

untenable for them to meet growing food and feed

demands.

inputs is extremely limited. Indeed, there is only a

single domestic producer of elemental phosphorus and

glyphosate-based herbicides, and this producer does not

meet our annual needs for those inputs. For that

reason, more than 6,000,000 kilograms of elemental

phosphorus are imported from other countries annually.

Future reduction or the cessation of domestic

production of elemental phosphorus and glyphosate-based

herbicides would gravely threaten American national

security by disrupting, and requiring the further

offshoring of, this Nation's defense supply chain

including by having a debilitating impact on domestic

agricultural capabilities.

I accordingly find that, consistent with the Department

of the Interior's designation, elemental phosphorus is

a scarce material that is critical to

[[Page 8704]]

national defense and security. Our Nation's inadequate

elemental phosphorus production, which must sustain

both defense manufacturing and our significant

agricultural needs, and the threat of increased

domestic scarcity leave us vulnerable to hostile

foreign actors and pose an imminent threat to military

readiness.

her

offshoring of, this Nation's defense supply chain

including by having a debilitating impact on domestic

agricultural capabilities.

I accordingly find that, consistent with the Department

of the Interior's designation, elemental phosphorus is

a scarce material that is critical to

[[Page 8704]]

national defense and security. Our Nation's inadequate

elemental phosphorus production, which must sustain

both defense manufacturing and our significant

agricultural needs, and the threat of increased

domestic scarcity leave us vulnerable to hostile

foreign actors and pose an imminent threat to military

readiness.

Consistent with these findings, I find that ensuring

robust domestic elemental phosphorus mining and United

States-based production of glyphosate-based herbicides

is central to American economic and national security.

Without immediate Federal action, the United States

remains inadequately equipped and vulnerable.

Accordingly, I hereby find, pursuant to section 101 of

the Act, that domestic elemental phosphorus and

glyphosate-based herbicides meet the criteria specified

in section 101(b) of the Act (50 U.S.C. 4511(b)).

Without immediate Federal action, the United States

remains inadequately equipped and vulnerable.

Accordingly, I hereby find, pursuant to section 101 of

the Act, that domestic elemental phosphorus and

glyphosate-based herbicides meet the criteria specified

in section 101(b) of the Act (50 U.S.C. 4511(b)).

Sec. 2. Ensuring an Adequate Supply of Elemental

Phosphorus and Glyphosate-Based Herbicides. (a)

Notwithstanding Executive Order 13603 of March 16, 2012

(National Defense Resources Preparedness), the

authority of the President conferred by section 101 of

the Act to require performance of contracts or orders

(other than contracts of employment) to promote the

national defense over performance of any other

contracts or orders, to allocate materials, services,

and facilities as deemed necessary or appropriate to

promote the national defense, and to implement the Act

in subchapter III of chapter 55 of title 50, United

States Code (50 U.S.C. 4554, 4555, 4556, 4559, 4560),

is delegated to the Secretary of Agriculture

(Secretary) with respect to ensuring a continued and

adequate supply of elemental phosphorus and glyphosate-

based herbicides.

(b) The Secretary shall use the authority under

section 101 of the Act (50 U.S.C. 4511), in

consultation with the Secretary of War, to determine

the proper nationwide priorities and allocation of all

the materials, services, and facilities necessary to

ensure a continued and adequate supply of elemental

phosphorus and glyphosate-based herbicides.

and glyphosate-based herbicides is

critical to the national defense. Accordingly, the

Secretary shall ensure that any order, rule, or

regulation issued under this section does not place the

corporate viability of any domestic producer of

elemental phosphorus or glyphosate-based herbicides at

risk.

Sec. 3. Immunity. This order confers all immunity

provided for in section 707 of the Act (50 U.S.C.

4557). Additionally, domestic producers of elemental

phosphorus and glyphosate-based herbicides are required

to comply with this order, in accordance with the

provisions of 7 CFR part 789.

Sec. 4. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

[[Page 8705]]

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

ions.

[[Page 8705]]

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(d) The costs for publication of this order shall

be borne by the Department of Agriculture.

(Presidential Sig.)

THE WHITE HOUSE,

February 18, 2026.

[FR Doc. 2026-03628

Filed 2-20-26; 11:15 am]

Billing code 3410-18-P