Sponsors (6)
The bill prioritizes Congressional control and avoids new federal spending while expanding legal remedies and accountability for people harmed by elemental phosphorus and glyphosate exposure, but does so at the cost of weaker supply-chain resilience for defense and agriculture, greater litigation risk and potential retroactive liabilities for businesses, and administrative and judicial burdens.
Taxpayers and federal stakeholders: the bill prevents federal spending to implement Executive Order 14387 and preserves Congressional control over defense-related industrial policy, avoiding new budget outlays and executive action on elemental phosphorus and glyphosate supply measures.
People injured by exposure to elemental phosphorus or glyphosate: the bill creates a clear federal pathway to sue manufacturers and suppliers in U.S. district courts for compensatory, punitive, and equitable relief and allows recovery of attorneys' fees and costs, lowering financial barriers to bringing claims.
Plaintiffs seeking accountability: the bill removes Defense Production Act and contractor immunities and preserves state-law claims while allowing federal jurisdiction, ensuring companies cannot rely on certain government-authority defenses and allowing parallel state and federal remedies.
National defense and the general public: by blocking the executive order's supply measures and removing certain immunities, the bill could weaken resilience of elemental phosphorus and glyphosate supply chains and deter companies from cooperating with government emergency production or procurement, raising national-security risk.
Farmers, agricultural workers, and consumers: preventing regulatory or procurement actions intended to stabilize key agricultural inputs and imposing greater litigation-related costs on manufacturers/suppliers could raise input and food prices or reduce availability.
Manufacturers and small businesses: retroactive application of liability and broadened exposure to large punitive damages could create large, unforeseen financial liabilities for past conduct, threatening business viability and raising costs.
Based on analysis of 3 sections of legislative text.
Stops federal funding to implement a supply-focused Executive Order and creates a federal lawsuit right stripping certain DPA immunities for harms from elemental phosphorus or glyphosate.
Official title: 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 April 28, 2026 by Martin Heinrich · Last progress April 28, 2026
Prohibits any federal funds from being used to implement or enforce an existing Executive Order that prioritizes supplies of elemental phosphorus and glyphosate-based herbicides for national defense. It also creates a new federal private right of action allowing people harmed by exposure to elemental phosphorus or glyphosate-based herbicides to sue manufacturers, distributors, suppliers, and sellers in federal court, strips a specific Defense Production Act immunity, and makes those liability rules retroactive to prior claims.