EO-14387
Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate- Based Herbicides
- Signed
- Feb 18, 2026
- Published
- Feb 23, 2026
Federal Register: 2026-03628
Source: Federal Register.
Securing Domestic Supply of Phosphorus and Glyphosate Herbicides
What it does
This order invokes the Defense Production Act of 1950 to designate elemental phosphorus and glyphosate-based herbicides as materials critical to national defense. It delegates authority to the Secretary of Agriculture to set nationwide priorities and allocate materials, services, and facilities to ensure an adequate domestic supply of both. The order also grants legal immunity to domestic producers who comply with its directives and requires that no rule issued under it may threaten the financial viability of any domestic producer.
Who benefits
Domestic producers of elemental phosphorus and glyphosate-based herbicides (currently a single U.S. company). Farmers and ranchers who rely on glyphosate-based herbicides for crop production. Defense contractors and manufacturers who use phosphorus in semiconductors, radar, sensors, batteries, and munitions. Rural agricultural communities dependent on affordable herbicide access. Food processors and distributors who benefit from stable agricultural output.
Who is affected
Foreign suppliers of elemental phosphorus who may face reduced U.S. market access or prioritization disadvantages. Alternative herbicide manufacturers who compete with glyphosate-based products and do not receive the same protections. Environmental and public health advocacy groups concerned about glyphosate's health and ecological effects. Organic farmers and consumers who prefer non-glyphosate agricultural systems. Businesses or contractors whose supply contracts could be deprioritized in favor of defense-designated allocations. Future administrations whose regulatory flexibility over these materials would be constrained unless the order is revoked.
Supporters argue
Supporters argue that the United States' near-total dependence on a single domestic producer and heavy reliance on foreign imports of elemental phosphorus — over 6 million kilograms annually — creates a genuine vulnerability that hostile foreign actors could exploit to disrupt both defense manufacturing and food production. They contend the Defense Production Act was designed precisely for this scenario, and that linking agricultural supply security to national defense is consistent with the Act's broad mandate to protect the industrial base underpinning military readiness.
Opponents argue
Opponents argue that using the Defense Production Act to shield a specific private company's commercial viability — particularly one producing a widely used agricultural chemical — stretches the statute beyond its intended defense-industrial purpose and amounts to targeted corporate protection through executive action. They contend that glyphosate's classification as a defense-critical material conflates agricultural policy with national security, a determination that arguably requires congressional authorization under the major-questions doctrine, and that the immunity provisions could insulate producers from legitimate regulatory oversight.
Constitutional basis
Executive orders rest on constitutional authority or statutory delegation. This summary describes the legal grounding cited or implied by the order.
The order's primary authority is the Defense Production Act of 1950, as amended (50 U.S.C. §4501 et seq.), a statutory delegation that allows the president to prioritize contracts and allocate materials deemed critical to national defense. It also cites 3 U.S.C. §301, which authorizes the president to delegate functions to executive officers. The Commander-in-Chief Clause (Article II, §2, cl. 1) provides background constitutional support for actions tied to military readiness, though the operative authority here is statutory. This order could be reversed by a future president and supplements rather than conflicts with existing legislation, as the DPA explicitly authorizes such presidential findings and delegations.