Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate-Based Herbicides
This Presidential Action invokes the Defense Production Act to declare elemental phosphorus and glyphosate-based herbicides critical materials for national defense and food supply security, citing limited domestic production capacity and vulnerability to foreign reliance.
The action delegates authority to the Secretary of Agriculture, in consultation with the Secretary of War, to set nationwide priorities and allocate necessary materials, services, and facilities to ensure a continued and adequate domestic supply, specifically directing the Secretary to safeguard the corporate viability of domestic producers.
Arguments For
National Security and Defense Readiness: The action claims elemental phosphorus is crucial for defense supply chains, including smoke/illumination devices and semiconductor manufacturing for military technology, necessitating federal intervention to prevent vulnerability to foreign actors.
Food Supply Security: By identifying glyphosate-based herbicides as essential for US agricultural productivity and the rural economy, the action argues that ensuring their precursor (elemental phosphorus) supply is vital for maintaining affordable food and preventing economic losses for growers.
Domestic Production Support: The order explicitly directs the Secretary of Agriculture to prioritize and allocate resources to prevent the corporate viability of the single domestic producer of these critical inputs from being jeopardized, thereby strengthening domestic capacity.
Legal Basis: The President leverages the Defense Production Act of 1950 (DPA) to declare elemental phosphorus and glyphosate-based herbicides as scarce materials critical to national defense, invoking the authority to prioritize defense-related contracts and allocate materials.
Arguments Against
Overreach of Defense Production Act: Critics may argue that extending the DPA's authority (typically reserved for direct military needs) to cover agricultural inputs like herbicides stretches the definition of "national defense" beyond its traditional scope.
Market Distortion and Subsidization: Granting the Secretary of Agriculture extensive allocation authority and explicitly demanding protection for the corporate viability of a single producer could artificially prop up one company, potentially stifling competition or creating economic inefficiencies.
Delegation Authority Concerns: Transferring significant DPA authority, usually associated with defense agencies, to the Department of Agriculture raises questions about the appropriate execution agency for defense-critical chemical supply chains.
Unintended Economic Consequences: Prioritizing these materials for defense and agriculture under the DPA could inadvertently restrict supply or raise prices for other commercial or technological users of elemental phosphorus, creating unintended shortages elsewhere.
Presidential Actions
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 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 C.F.R. 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.
(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.
DONALD J. TRUMP</p>
THE WHITE HOUSE,
<p> February 18, 2026.</p>
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The document begins on the Presidential Actions page, which includes navigation for searching and filtering different types of presidential documents like Executive Orders and Proclamations.
The header confirms the document's context within Presidential Actions.
Authority for this order comes from the Constitution, the Defense Production Act of 1950 (the Act), and Title 3 of the U.S. Code regarding presidential functions.
This immediately signals an action intended to address national defense and production needs.
Section 1 establishes the Policy and Findings, declaring elemental phosphorus crucial for military readiness because it is used in smoke/illumination devices and semiconductors for defense technology.
It references a prior designation of phosphate as a critical mineral by the Department of the Interior in November 2025.
This section details the importance of elemental phosphorus as a precursor for glyphosate-based herbicides, highlighting their role in maintaining agricultural productivity, ensuring affordable food, and supporting the rural economy.
It states there is no direct replacement and that restricted access would jeopardize productivity and cause economic harm to growers.
The findings assert that the current domestic production of elemental phosphorus and glyphosate is extremely limited, relying on imports for over 6,000,000 kilograms annually, which threatens national security and defense supply chains.
Because of these vulnerabilities, the President formally finds that domestic elemental phosphorus and glyphosate-based herbicides meet the criteria under section 101(b) of the Defense Production Act.
Section 2 delegates the authority granted to the President under section 101 of the Act to the Secretary of Agriculture (Secretary).
This delegation covers the power to prioritize defense contracts, allocate materials, and implement the Act concerning elemental phosphorus and glyphosate-based herbicides, effectively overriding Executive Order 13603 regarding resource preparedness for these specific materials.
The Secretary must use this new authority, in consultation with the Secretary of War, to determine nationwide priorities and allocation schedules for all necessary materials, services, and facilities.
The Secretary is also required to issue implementing regulations and orders.
Crucially, subsection (d) mandates that the Secretary must consider the President’s judgment on the critical nature of these domestic resources and ensure that any regulation issued does not risk the corporate viability of any domestic producer.
Section 3 addresses Immunity, noting that the order confers all immunities provided under section 707 of the Act, and requires compliance from domestic producers according to specific Code of Federal Regulations (7 C.F.R. part 789).
Section 4 outlines General Provisions.
It confirms that the order does not negatively affect the authority of other agencies or the functions of the Director of the Office of Management and Budget regarding budget proposals.
It also states the order must be implemented under applicable law and available appropriations.
Finally, it includes a standard legal disclaimer that the order does not create any enforceable substantive or procedural rights for private parties against the United States.
The document concludes with the date, February 18, 2026, and the signature of Donald J. Trump.
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:
The opening paragraph identifies the legal basis allowing the President to issue this directive. The President cites the authority granted by the Constitution, the Defense Production Act of 1950 (referred to as the "Act"), and the section of U.S. Code concerning presidential authority, indicating the action targets defense production and preparedness.
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.
Section 1 begins by establishing the policy rationale, asserting that elemental phosphorus is vital for military readiness and national defense due to its role in defense supply chains.
The text lists specific defense applications, including smoke/illumination devices and semiconductor manufacturing for technologies like radar and sensors.
It also mentions its use in advanced battery chemistries and notes that the Department of the Interior previously designated phosphate as a critical mineral in late 2025.
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.
This paragraph extends the finding to cover agricultural needs.
Elemental phosphorus is identified as necessary for producing glyphosate-based herbicides, which are described as essential tools for US farmers.
These herbicides support high yields and low costs, thereby maintaining agricultural productivity and providing affordable food for 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.
The text asserts that no substitute exists for glyphosate-based herbicides.
If access becomes restricted, agricultural productivity faces severe jeopardy, which strains the domestic food supply and could lead farmers to shift crops due to inefficiency.
The document states that current grower profit margins are tight, meaning supply restrictions would cause economic losses and undermine the ability to meet 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.
This paragraph concludes the necessity argument by linking the supply of these chemicals directly to national security, defense, and food security.
It highlights that domestic production capability is severely limited, relying on a single domestic producer who cannot meet total annual needs.
Because the U.S. imports over 6 million kilograms of elemental phosphorus annually, any disruption or cessation of domestic production would severely threaten national security by impacting defense supply chains and crippling domestic agriculture.
I accordingly find that, consistent with the Department of the Interior’s designation, elemental phosphorus is a scarce material that is critical to 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.
Based on the preceding findings, the President formally declares elemental phosphorus a scarce material critical to national defense and security.
The declaration emphasizes that insufficient domestic production capacity leaves the nation vulnerable to hostile foreign actors and presents an immediate danger to military readiness by failing to adequately supply both defense manufacturing and agriculture.
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)).
The President finds that maintaining strong domestic mining of elemental phosphorus and production of glyphosate-based herbicides is fundamental to US economic and national security.
Due to current vulnerability, the President exercises authority under section 101 of the Defense Production Act.
This officially designates elemental phosphorus and glyphosate-based herbicides as materials meeting the criteria specified in subsection 101(b) of the Act.
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.
Section 2 assigns responsibility for securing the supply of elemental phosphorus and herbicides.
Subsection (a) delegates presidential DPA authority—including prioritizing defense contracts and allocating materials—to the Secretary of Agriculture.
This delegation specifically supersedes previous resource preparedness orders (Executive Order 13603) and focuses the new authority on the supply of these two chemical inputs.
(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.
Subsection (b) instructs the Secretary of Agriculture to use the delegated DPA authority (Section 101) to establish nationwide priorities for resource allocation.
This determination must be made after consulting with the Secretary of War (the head of the Department of Defense) to ensure the resulting allocation plan guarantees a sufficient supply of elemental phosphorus and herbicides.
(c) The Secretary shall issue such orders and adopt and revise appropriate rules and regulations as may be necessary to implement this order.
Subsection (c) grants the Secretary the administrative power to create any necessary implementing orders, rules, and regulations required to put the directives of this action into effect.
(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.
Subsection (d) imposes a key constraint on the Secretary's execution of authority.
The Secretary must specifically factor in the President's assessment that domestic production is critical to national defense.
Furthermore, all resulting orders and regulations must be structured to actively protect the ongoing corporate viability of any domestic producer involved in elemental phosphorus or glyphosate-based herbicide production.
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 C.F.R. part 789.
Section 3 addresses legal protections and compliance obligations.
The order provides the full scope of immunity specified in Section 707 of the Defense Production Act to those acting under this order.
It simultaneously clarifies that domestic producers of the specified chemicals must adhere to the order, following relevant federal regulations codified in 7 C.F.R. 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.
(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.
Section 4 contains standard clarifying clauses.
Subsection (a) stipulates that the order does not remove or limit the legal authority of any other executive department or agency, nor does it affect the budgetary oversight functions of the Office of Management and Budget (OMB).
Subsection (b) requires that the execution of this order must align with existing law and depend on funds being appropriated.
Subsection (c) is a non-entitlement clause, stating that the order does not grant any new legal or equitable rights or benefits to any private party enforceable against the government.
Subsection (d) assigns the cost of publishing the order to the Department of Agriculture.