No Immunity for Glyphosate Act
- Bill Number
- S. 4425
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-04-28: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- Last Updated
- 2026-05-27T21:11:20Z
AI-Generated Summary
Summary of S. 4425: No Immunity for Glyphosate Act
Purpose
This bill aims to block federal funding for implementing Executive Order 14387, which promotes national defense by ensuring supplies of elemental phosphorus (a chemical used in various industries) and glyphosate-based herbicides (common weed killers like Roundup). It also removes legal protections (immunities) for companies involved in producing or selling these substances, allowing lawsuits for health harms from exposure.
Key Provisions
- Funding Prohibition (Sec. 2): Bans the use of any federal money to carry out, manage, or enforce Executive Order 14387.
- New Civil Lawsuits Allowed (Sec. 3):
- Anyone harmed (physically injured, ill, diseased, or killed) by exposure to elemental phosphorus or glyphosate-based herbicides can sue "covered entities" in federal court. Covered entities include manufacturers, distributors, sellers, or suppliers.
- Federal courts have jurisdiction regardless of case size or parties' locations.
- Courts can award:
- Compensatory damages (e.g., medical bills, lost wages, pain, wrongful death).
- Punitive damages (to punish wrongdoing).
- Equitable relief (e.g., court orders to stop harm).
- Attorney's fees and costs.
- Immunity Waivers:
- Overrides immunities under the Defense Production Act (a law allowing government to direct production for emergencies).
- Bars "federal contractor defense" (claim that following government orders protects from lawsuits).
- Preservation and Scope:
- Applies to claims before, on, or after enactment.
- Does not limit existing or pending lawsuits under federal or state law.
- Does not override state laws or remedies.
Significant Changes to Existing Law
- Eliminates Immunities: Nullifies protections from the Defense Production Act and other federal laws that might shield companies acting under government direction.
- Creates Federal Cause of Action: Establishes a new right to sue in federal court for exposure harms, bypassing limits like small claim amounts.
- Retroactive Effect: Allows lawsuits for past exposures, overriding prior legal barriers.
Potential Impacts
- Government Agencies: Prevents spending on the specified Executive Order; limits use of Defense Production Act for shielding companies.
- Citizens: Enables injured individuals (or their families) to pursue damages more easily, potentially increasing accountability for health risks from these chemicals.
- International Relations: Minimal direct impact, though it could affect U.S. chemical exports or defense supply chains if companies face more liability.
Main Stakeholders Affected
- Victims of Exposure: Individuals, estates, or representatives seeking compensation for health issues.
- Covered Entities: Companies manufacturing, selling, or distributing elemental phosphorus or glyphosate herbicides (e.g., chemical firms like Monsanto/Bayer).
- Federal Government: Agencies involved in defense production or chemical regulation.
- Courts: Increased caseload from new federal lawsuits.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens plaintiff rights by waiving defenses and ensuring federal jurisdiction; explicitly preserves state claims to avoid conflicts.
- Constitutional: Retroactive application and immunity waivers could raise due process or contracts clause questions (e.g., if companies relied on prior protections), though the bill frames it as clarifying liability.
- Political: Challenges executive authority on defense production; introduced by Democratic senators, signaling debate over chemical safety vs. national security needs.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Sen. Booker, Cory A. [D-NJ], Sen. Markey, Edward J. [D-MA], Sen. Merkley, Jeff [D-OR], Sen. Welch, Peter [D-VT], Sen. Van Hollen, Chris [D-MD]
Recent Actions
- 2026-04-28: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- 2026-04-28: Introduced in Senate
Bill Versions
- No Immunity for Glyphosate Act — issued 2026-04-28 — PDF (4 pages)