This Executive Order aims to secure the domestic supply of elemental phosphorus and glyphosate-based herbicides, declaring them crucial for the United States' national defense and food security. The President states that current limited domestic production creates a vulnerability, impacting military readiness and agricultural output, and therefore requires immediate federal action.
Here are the key actions and directives of the order:
The President formally uses the Defense Production Act of 1950 to designate elemental phosphorus and glyphosate-based herbicides as critical for national defense and security. The authority to ensure a steady and adequate supply of these materials is delegated to the Secretary of Agriculture. The Secretary of Agriculture, in consultation with the Secretary of War, must determine and implement nationwide priorities and allocation of materials, services, and facilities needed for their production. The Secretary is directed to issue necessary orders, rules, and regulations, while also ensuring that these actions do not threaten the corporate viability of domestic producers.Who is affected and how:
The U.S. military: Benefits from a more secure supply of elemental phosphorus, essential for various defense technologies, equipment, and military readiness. American farmers and the agricultural industry: Benefit from a stable supply of glyphosate-based herbicides, which the order deems critical for maintaining crop yields, low production costs, and affordable food. Domestic producers of elemental phosphorus and glyphosate-based herbicides: They are required to comply with federal directives on production and allocation, but they also receive immunity from certain liabilities under the Defense Production Act and protections for their corporate viability. The Department of Agriculture: Gains new authority and responsibilities under the Defense Production Act to direct the production and resource allocation for these materials.Legal authority cited:
The order primarily cites the Defense Production Act of 1950, a law that grants the President powers to direct industrial production for national defense purposes. It also cites section 301 of title 3, United States Code, which authorizes the President to delegate functions and responsibilities within the executive branch.
