Sponsors (9)
The bill prevents federal implementation of a supply-security Executive Order—saving government spending and administrative burden—but broadens private liability and federal-court access for harms tied to elemental phosphorus and glyphosate, trading reduced government action for greater litigation risk, business uncertainty, and possible supply or national-security impacts.
People harmed by exposure to elemental phosphorus or glyphosate (and state governments) can sue in federal court to recover medical costs, lost income, pain and suffering, and obtain injunctive or declaratory relief; successful plaintiffs may also recover attorney’s fees and costs, improving access to remedies and enabling actions that can prevent future exposures.
Federal agencies will not spend taxpayer dollars implementing or enforcing the specified Executive Order, and federal employees and agencies avoid the new administrative burdens tied to carrying out the Order's supply-security measures.
Manufacturers, distributors, suppliers, and related businesses face substantially increased litigation risk — including large compensatory and punitive awards and higher insurance costs — which could raise prices or reduce availability of products for consumers and businesses.
Limiting federal implementation of the Executive Order could worsen shortages of elemental phosphorus and glyphosate-based herbicides for farmers and agricultural producers and could constrain defense or critical-materials planning, posing risks to agricultural production and national security preparedness.
Retroactive liability for past conduct may expose companies and insurers to large, unexpected claims for long-ago actions, creating legal and insurance-market uncertainty that harms businesses and could raise costs for taxpayers and consumers.
Based on analysis of 3 sections of legislative text.
Introduced February 20, 2026 by Thomas Massie · Last progress February 20, 2026
Prohibits federal funds from being used to implement, administer, or enforce an Executive Order issued Feb 18, 2026, about ensuring supplies of elemental phosphorus and glyphosate-based herbicides. It also creates a federal private right of action that lets any person (or their estate/representative) who is injured, made ill, diseased, or killed by exposure to elemental phosphorus or a glyphosate-based herbicide sold or supplied in the U.S. sue manufacturers, distributors, sellers, and similar entities in federal court. The bill waives federal immunities that might otherwise shield covered entities from liability (including defenses based on Executive Orders, Defense Production Act authorizations, federal-contractor immunity, or preemption), allows compensatory and punitive damages, equitable relief, and attorneys’ fees and costs, and applies to claims that arose before, on, or after enactment.