[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
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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
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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:
Section 1. Policy and Findings. Elemental phosphorus is
pervasive in defense supply chains and is therefore
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.
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.
Ensuring an adequate supply of elemental phosphorus and
glyphosate-based herbicides is thus crucial to the
national security and defense, including food-supply
security, which is essential to protecting the health
and safety of Americans. Nonetheless, the United
States' ability to domestically produce those critical
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
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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)).
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.
(c) The Secretary shall issue such orders and adopt
and revise appropriate rules and regulations as may be
necessary to implement this order.
(d) In exercising the authority delegated in this
section, the Secretary shall take into account the
President's judgment that domestic production of
elemental phosphorus 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.
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(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