Sponsors (17)
The bill increases victims’ access to federal remedies and corporate accountability while blocking federal implementation of an executive order — improving compensation and deterrence but raising litigation costs, legal uncertainty, and risks to federal coordination and supply preparedness.
People harmed by exposure to elemental phosphorus or glyphosate (including low-income patients) can more easily sue in federal court for compensatory damages, improving access to medical cost and income-replacement compensation nationwide.
Victims may recover punitive damages and attorney’s fees and companies lose certain immunity defenses, increasing legal accountability and deterring unsafe manufacturing or distribution practices.
Courts can order injunctive and declaratory relief to change practices or product distribution, enabling remedies that reduce future exposures and improve public health protections.
Manufacturers, distributors, and sellers face increased litigation risk, potential large liability, and higher insurance costs that could be passed on to consumers and farmers as higher prices or reduced product availability.
Blocking federal actions and waiving immunity could weaken the government’s ability to secure elemental phosphorus and glyphosate supplies or to recruit private partners for emergency production, reducing preparedness and surge capacity for defense and agriculture.
Broad retroactive application and waiver of defenses expose companies to long-tail liability, complicating ongoing settlements, insurance arrangements, and financial planning for covered entities.
Based on analysis of 3 sections of legislative text.
Bars federal funds to implement a 2026 Executive Order on phosphorus/glyphosate and creates a nationwide private right to sue makers and sellers, waiving DPA immunity.
Prohibits any federal funds from being used to implement, administer, or enforce the February 18, 2026 Executive Order on ensuring supplies of elemental phosphorus and glyphosate-based herbicides. It also creates a new federal private right of action allowing any person harmed by exposure to elemental phosphorus or glyphosate-based herbicides made, sold, or supplied in the U.S. to sue manufacturers, distributors, sellers, and suppliers in federal court, and expressly waives any statutory immunity (including Defense Production Act protections) as a defense. The measure authorizes compensatory and punitive damages, equitable relief, and attorney fees, provides nationwide federal jurisdiction without amount-in-controversy or diversity requirements, preserves other pending and future state or federal claims, and applies retroactively to claims arising before, on, or after enactment.
Official title: To prohibit the use of Federal funds to implement the Executive order entitled "Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate-Based Herbicides", and for other purposes.
Introduced February 20, 2026 by Thomas Massie · Last progress February 20, 2026