Sponsors (10)
The bill trades reduced federal spending and enforcement of an Executive Order and stronger private remedies and accountability for people harmed by elemental phosphorus/glyphosate, against increased litigation exposure, higher costs and potential supply or preparedness risks from diminished federal coordination and discouraged private-sector participation.
Taxpayers, small businesses, and other private parties are protected from federal spending and new enforcement tied to the referenced Executive Order because federal agencies are barred from using taxpayer dollars to implement it and from taking related enforcement actions.
People harmed by exposure to elemental phosphorus or glyphosate (including low-income patients and those with chronic conditions) can pursue federal claims nationwide for compensatory and punitive damages, plus attorney’s fees, improving access to compensation and reducing forum barriers.
Victims and public actors gain stronger legal tools — waiver of certain immunity (e.g., DPA) and availability of equitable remedies (injunctive and declaratory relief) — enabling courts to hold manufacturers/suppliers accountable and to order changes that can reduce future exposures.
Manufacturers, distributors, and sellers face materially increased litigation risk, retroactive exposures, and potential large awards (including punitive damages and fee-shifting), which could raise insurance and compliance costs that are passed on to farmers, consumers, and small businesses and could restrict product availability.
National security and emergency preparedness could be weakened because the bill blocks federal actions to secure elemental phosphorus and glyphosate supplies and by waiving certain immunities may discourage private-sector participation in future government emergency production or supply programs.
The bill shifts responsibility and oversight away from the federal government, and its retroactive liability provisions and nationwide federal-jurisdiction scheme could complicate existing settlements, increase federal court caseloads, and create administrative and legal burdens for state governments and companies.
Based on analysis of 3 sections of legislative text.
Blocks federal funding for an Executive Order on elemental phosphorus and glyphosate supply and creates a nationwide federal right to sue producers and sellers for harm from those substances.
Introduced February 20, 2026 by Thomas Massie · Last progress February 20, 2026
Prohibits any federal funds from being used to carry out or enforce an Executive Order that secures supplies of elemental phosphorus and glyphosate-based herbicides. It also creates a new federal cause of action allowing people harmed by exposure to those substances to sue manufacturers, distributors, suppliers, and sellers in federal court for damages and equitable relief. The bill broadly defines covered entities, waives Defense Production Act (DPA) immunity and other legal immunities, allows punitive damages and attorneys’ fees, provides nationwide federal jurisdiction without amount-in-controversy or diversity requirements, and applies to claims arising before, on, or after enactment while preserving existing state-law claims and remedies.