[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4425 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4425

 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 SENATE OF THE UNITED STATES

                             April 28, 2026

Mr. Heinrich (for himself, Mr. Booker, Mr. Markey, Mr. Merkley, and Mr. 
Welch) introduced the following bill; which was read twice and referred 
        to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 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. PROHIBITION ON USE OF FUNDS FOR EXECUTIVE ORDER RELATING TO 
              PHOSPHORUS AND GLYPHOSATE-BASED HERBICIDES.

    No Federal funds may be obligated or expended to implement, 
administer, or enforce Executive Order 14387 (91 Fed. Reg. 8703; 
relating to promoting the national defense by ensuring an adequate 
supply of elemental phosphorus and glyphosate-based herbicides).

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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