No Immunity for Glyphosate Act
- Bill Number
- H.R. 7601
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-02-20: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-10T08:05:56Z
AI-Generated Summary
Purpose
The "No Immunity for Glyphosate Act" (H.R. 7601) aims to block federal funding for implementing an Executive Order issued on February 18, 2026, titled "Promoting the National Defense by Ensuring an Adequate Supply of Elemental Phosphorus and Glyphosate-Based Herbicides." It also seeks to eliminate legal protections (immunities) for manufacturers and distributors of these substances, enabling individuals harmed by exposure to sue them more easily.
Key Provisions
- Prohibition on Federal Funding (Section 2): No federal money can be used to carry out, manage, or enforce the specified Executive Order, which likely promotes domestic production of elemental phosphorus (a chemical used in munitions and fertilizers) and glyphosate-based herbicides (common weed killers like Roundup).
- Civil Actions for Harm (Section 3(a)-(d)):
- Allows any person (or their estate, survivors, or representatives) injured, ill, diseased, or killed due to exposure to elemental phosphorus or glyphosate-based herbicides to file a lawsuit in U.S. federal district courts.
- Defines "covered entities" broadly as any individual, company, partnership, or group that makes, distributes, formulates, supplies, or sells these substances in the U.S.
- Grants federal courts jurisdiction over these cases regardless of the claim's value or the parties' locations (citizenship).
- Permits courts to award compensatory damages (e.g., for medical costs, lost wages, pain, or wrongful death), punitive damages (to punish wrongdoing), equitable relief (like court orders to stop harmful practices), and attorney fees/costs.
- Waiver of Immunities and Defenses (Section 3(e)-(f)):
- Explicitly cancels any immunity from lawsuits provided under Section 707 of the Defense Production Act of 1950 (a law that can shield companies aiding national defense from liability) or other laws.
- Bars covered entities from using a "federal contractor defense" (claiming they followed government orders or contracts) to avoid liability, even if actions complied with the Defense Production Act or related federal rules.
- Preservation of Rights (Section 3(g)-(i)):
- Does not interfere with existing federal or state lawsuits; it protects ongoing cases and applies to claims before, during, or after the law's enactment.
- Does not override state laws, allowing state remedies to continue alongside federal ones.
Significant Changes to Existing Law
- Overrides protections in the Defense Production Act of 1950, which previously could grant immunity to companies producing critical defense materials like elemental phosphorus.
- Removes barriers to lawsuits by eliminating jurisdictional limits (e.g., no minimum damage amount required) and common defenses based on government compliance, making it easier to hold companies accountable for product-related harms.
- Introduces retroactive application, meaning past exposures can now lead to new claims without immunities.
Potential Impacts
- On Government Agencies: Limits the executive branch's ability to fund or enforce supply-chain initiatives for defense-related chemicals, potentially hindering national security efforts to secure domestic production of phosphorus (vital for weapons) and herbicides. Agencies like the Department of Defense may need alternative funding or strategies.
- On Citizens: Empowers individuals exposed to these chemicals (e.g., farmworkers, veterans, or communities near production sites) to seek justice and compensation more readily, potentially increasing accountability for health risks like cancer linked to glyphosate in studies.
- On International Relations: Could disrupt global supply chains for these chemicals, as U.S. manufacturers face higher liability risks, possibly affecting trade with countries like China (a major phosphorus exporter) or herbicide producers, and straining alliances if defense stockpiles are impacted.
Main Stakeholders Affected
- Individuals and Families: Those harmed by exposure to elemental phosphorus or glyphosate-based herbicides, gaining new avenues for legal recourse.
- Manufacturers and Distributors: Companies like pesticide firms (e.g., producers of glyphosate products) and chemical suppliers, facing increased lawsuit risks without traditional defenses.
- Federal Government: Executive agencies involved in defense production and environmental regulation, restricted in implementing policies.
- Courts and Legal System: Federal district courts, likely to see a rise in product liability cases.
- Environmental and Health Advocates: Groups concerned with chemical safety, who may benefit from stronger enforcement against harmful substances.
Notable Legal, Constitutional, or Political Implications
- Legal: Expands tort liability (civil wrongs like product defects) by piercing federal immunities, potentially leading to more class-action suits; reinforces federal jurisdiction while preserving state rights, avoiding preemption conflicts.
- Constitutional: Raises separation-of-powers questions, as Congress uses funding restrictions to check executive actions under the Defense Production Act; could invite challenges on whether it unduly burdens national defense (a constitutional duty) or impairs contract rights (Fifth Amendment takings clause).
- Political: Bipartisan sponsorship (from lawmakers across ideologies) signals cross-aisle concerns over chemical safety versus defense needs; may fuel debates on balancing public health with industrial policy, especially amid ongoing litigation against glyphosate (e.g., Monsanto/Bayer cases).
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (10)
Rep. Pingree, Chellie [D-ME-1], Rep. Boebert, Lauren [R-CO-4], Rep. Mace, Nancy [R-SC-1], Rep. Khanna, Ro [D-CA-17], Rep. Courtney, Joe [D-CT-2], Rep. Luna, Anna Paulina [R-FL-13], Rep. Levin, Mike [D-CA-49], Rep. Cohen, Steve [D-TN-9], Rep. Crane, Elijah [R-AZ-2], Rep. Ocasio-Cortez, Alexandria [D-NY-14]
Recent Actions
- 2026-02-20: Referred to the House Committee on the Judiciary.
- 2026-02-20: Introduced in House
- 2026-02-20: Introduced in House
Bill Versions
- No Immunity for Glyphosate Act — issued 2026-02-20 — PDF (4 pages)