The bill limits federal implementation of an Executive Order and expands private legal remedies for harms from elemental phosphorus and glyphosate, trading reduced federal costs and preserved agricultural practices for greater litigation exposure, legal uncertainty, and potential supply-chain and national-security vulnerabilities.
People injured by elemental phosphorus or glyphosate-based herbicides (including patients with chronic conditions and people with disabilities) can bring federal claims for compensatory and punitive damages, injunctive relief, and attorney’s fees without amount-in-controversy or citizenship limits; immunity defenses are removed and state remedies are preserved, increasing access to courts and the能
Federal agencies and employees are not required to implement or enforce the Executive Order, avoiding new administrative burdens and potential new federal spending tied to implementing the EO, which reduces costs to taxpayers and regulatory workload for agencies.
Farmers and pesticide distributors avoid new federal mandates to alter supply chains for glyphosate-based herbicides, reducing immediate compliance costs and disruptions for agricultural producers and small pesticide businesses.
Manufacturers and sellers of elemental phosphorus or glyphosate-based products face substantially increased litigation risk—including retroactive claims, potential large punitive damages, and fee-shifting—which could raise prices, reduce product availability, and increase uncertainty for businesses and insurers (costs that can pass to consumers and taxpayers).
The bill constrains federal ability to secure, prioritize, or procure domestic supplies of elemental phosphorus and glyphosate and—by removing some immunities—could deter contractors and suppliers from participating in government programs, weakening preparedness and complicating defense, emergency response, and agricultural supply-chain resilience.
By restricting regulatory action related to glyphosate, the bill could delay environmental and public-health responses to contamination or misuse, leaving agricultural workers and rural communities exposed longer to potential risks.
Based on analysis of 3 sections of legislative text.
Blocks federal funds for a named Executive Order and creates a nationwide private right to sue makers/sellers of elemental phosphorus or glyphosate-based herbicides while stripping federal immunity defenses.
Introduced February 20, 2026 by Thomas Massie · Last progress February 20, 2026
Prohibits federal funds from being used to implement or enforce a February 18, 2026 Executive Order on ensuring supply of elemental phosphorus and glyphosate-based herbicides, and creates a broad federal private right of action for anyone injured, made ill, or killed by exposure to elemental phosphorus or any glyphosate-based herbicide made, distributed, supplied, or sold in the United States. The bill removes federal immunity defenses (including under the Defense Production Act), authorizes compensatory and punitive damages, equitable relief, and attorneys’ fees, and applies to past, present, and future claims.