This bill prohibits the obligation or expenditure of Federal funds to implement, administer, or enforce Executive Order 14387, which promotes the national defense by ensuring an adequate supply of elemental phosphorus and glyphosate-based herbicides. Additionally, the legislation establishes a new civil cause of action in federal courts for individuals who suffer physical injury, illness, disease, or death caused by exposure to these substances. This action can be brought against any entity involved in their manufacture, distribution, formulation, supply, or sale within the United States. A critical provision is the explicit waiver and nullification of immunity for these covered entities, overriding protections under the Defense Production Act of 1950 or any other law. It also prohibits them from asserting a Federal contractor defense , meaning compliance with federal orders or contracts cannot be used to avoid liability, and allows for compensatory, punitive, and equitable damages. The bill ensures that it does not preempt or limit any existing civil actions under federal or state law, nor does it adversely affect pending claims, applying to claims arising before, on, or after its enactment.
This bill prohibits the obligation or expenditure of Federal funds to implement, administer, or enforce Executive Order 14387, which promotes the national defense by ensuring an adequate supply of elemental phosphorus and glyphosate-based herbicides. Additionally, the legislation establishes a new civil cause of action in federal courts for individuals who suffer physical injury, illness, disease, or death caused by exposure to these substances. This action can be brought against any entity involved in their manufacture, distribution, formulation, supply, or sale within the United States. A critical provision is the explicit waiver and nullification of immunity for these covered entities, overriding protections under the Defense Production Act of 1950 or any other law. It also prohibits them from asserting a Federal contractor defense , meaning compliance with federal orders or contracts cannot be used to avoid liability, and allows for compensatory, punitive, and equitable damages. The bill ensures that it does not preempt or limit any existing civil actions under federal or state law, nor does it adversely affect pending claims, applying to claims arising before, on, or after its enactment.