February 20, 2026
Mr. Massie (for himself, Ms. Pingree, Ms. Boebert, Ms. Mace, and Mr. Khanna) introduced the following bill; which was referred to the Committee on the Judiciary
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.
Section 1. Short title
This Act may be cited as the No Immunity for Glyphosate Act
.
Sec. 2. No federal funds for executive order relating to phosphorus and glyphosate-based herbicides
No Federal funds may be used to implement, administer, or enforce the Executive order entitled Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate-Based Herbicides
, issued on February 18, 2026.
Sec. 3. No immunities for glyphosate manufacturers
(a) Cause of action
Any person, or the estate, survivors, or legal representative of such person, who suffers or has suffered physical injury, illness, disease, or death caused, in whole or in part, by exposure to elemental phosphorus or a glyphosate-based herbicide manufactured, distributed, sold, or supplied within the United States, may bring a civil action in an appropriate district court of the United States against any covered entity.
(b) Covered entities
For purposes of this section, the term covered entity
means any person, corporation, partnership, association, contractor, subcontractor, or other entity that manufactures, distributes, formulates, supplies, or sells elemental phosphorus or glyphosate-based herbicides.
(c) Jurisdiction
The district courts of the United States shall have jurisdiction over any civil action arising under this section without regard to the amount in controversy or the citizenship of the parties.
(d) Relief
In a civil action under this section, the court may award—
(1)
compensatory damages, including damages for medical expenses, lost income, pain and suffering, and wrongful death;
(2)
punitive damages;
(3)
equitable relief, including declaratory and injunctive relief; and
(4)
attorney’s fees and costs.
(e) Waiver and nullification of immunity
Notwithstanding section 707 of the Defense Production Act of 1950 (50 U.S.C. 4557), or any other provision of law, no covered entity shall be immune from civil liability under Federal or State law for injury, illness, disease, or death caused by exposure to elemental phosphorus or glyphosate-based herbicides.
(f) No federal contractor defense
Notwithstanding any other provision of Federal law, including any doctrine of Federal contractor immunity or preemption, no covered entity may assert as a defense to liability in any action brought under this section, or under any other Federal or State law, that the manufacture, formulation, distribution, sale, or supply of elemental phosphorus or a glyphosate-based herbicide was conducted in compliance with, or pursuant to, an Executive order, regulation, directive, contract, or other authorization issued under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), or any other Federal law, regulation, or authority.
(g) Preservation of existing and pending claims
Nothing in this Act shall be construed to—
(1)
preempt, displace, or otherwise limit any civil action authorized under Federal or State law; or
(2)
require dismissal of, or otherwise adversely affect, any civil action pending on or before the date of enactment of this Act.
(h) Applicability
This section shall apply to any claim arising before, on, or after the date of enactment of this Act.
(i) Non-Preemption of state law
Nothing in this section shall be construed to preempt, displace, or limit any right or remedy available under State law.