H.R. 7601

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7601 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7601

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

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

_______________________________________________________________________

A BILL

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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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.
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