Sponsors (11)
The bill expands federal legal remedies and corporate accountability for harms tied to elemental phosphorus and glyphosate while forbidding federal enforcement and spending under a related Executive Order—trading greater avenues for victim relief and potential public‑health protections against higher litigation-driven costs, insurer/liability impacts, and possible reductions in federal supply coordination and emergency preparedness.
People harmed by exposure to elemental phosphorus or glyphosate (including low-income patients and those with chronic conditions) can sue in federal court for compensatory and punitive damages and recover attorney’s fees, improving access to compensation for medical costs and lost income.
Victims and state regulators can obtain equitable relief (injunctive and declaratory orders) and companies lose certain immunity shields, enabling courts to force changes to practices or distribution that reduce future exposures and increase corporate accountability.
Businesses and individuals are protected from new federal enforcement actions tied to the referenced Executive Order, reducing the risk of new regulatory requirements for small businesses, farmers, and other affected parties.
Manufacturers, distributors, and sellers face greater litigation risk (including large compensatory and punitive awards and fee-shifting), likely raising insurance and compliance costs that could be passed on to consumers and farmers.
Waiving Defense Production Act and related immunities may discourage private-sector participation in future government emergency production or supply programs, weakening surge capacity and preparedness.
Blocking federal action to secure elemental phosphorus and glyphosate supplies could leave defense and agricultural supply chains more vulnerable to shortages or disruptions.
Based on analysis of 3 sections of legislative text.
Prohibits federal funds for a 2026 Executive Order on phosphorus/glyphosate and creates a federal private right to sue manufacturers and sellers for exposure harms, waiving DPA immunity.
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
Prohibits any federal funds from being used to implement, administer, or enforce the February 18, 2026 Executive Order on elemental phosphorus and glyphosate-based herbicides. Creates a national private right of action allowing any person harmed, ill, or killed by exposure to elemental phosphorus or glyphosate-based herbicides in the U.S. to sue manufacturers, distributors, suppliers, and sellers in federal court for compensatory and punitive damages, equitable relief, and attorney’s fees. The measure expressly waives and bars use of Defense Production Act immunity (and similar federal defenses) by covered entities, preserves state and federal claims already pending or existing, and applies to harms that occurred before, on, or after enactment. It also directs agencies not to spend funds to carry out the cited Executive Order.