[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8440 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8440
To direct the Administrator of the Environmental Protection Agency to
seek congressional approval prior to dismissing lawsuits, or
withdrawing referrals to the Department of Justice of claims, relating
to the release of certain carcinogens, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2026
Mr. Carter of Louisiana (for himself and Mrs. Fletcher) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Transportation and
Infrastructure, Agriculture, Science, Space, and Technology, and Rules,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To direct the Administrator of the Environmental Protection Agency to
seek congressional approval prior to dismissing lawsuits, or
withdrawing referrals to the Department of Justice of claims, relating
to the release of certain carcinogens, 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 ``Zealously Eliminating Legal
Decisions of Ineptitude and Negligence Act'' or the ``ZELDIN Act''.
SEC. 2. CONGRESSIONAL APPROVAL PROCEDURE FOR DISMISSAL OF LAWSUITS OR
WITHDRAWAL OF REFERRAL OF CLAIMS RELATING TO RELEASE OF
CARCINOGENS.
(a) Conditions for Dismissal or Withdrawal.--The Administrator of
the Environmental Protection Agency may only dismiss a lawsuit filed by
the Environmental Protection Agency relating to a covered claim, or
withdraw a referral to the Department of Justice of a covered claim,
if--
(1) the Administrator provides notice of such dismissal or
withdrawal under subsection (b); and
(2) a joint resolution of approval with respect to such
dismissal or withdrawal is enacted pursuant to subsection (c).
(b) Notice.--The Administrator shall notify both Houses of Congress
if the Administrator seeks to--
(1) dismiss a lawsuit filed by the Environmental Protection
Agency relating to a covered claim; or
(2) withdraw a referral to the Department of Justice of a
covered claim.
(c) Congressional Approval.--
(1) Consideration in the house of representatives.--
(A) Reporting and discharge.--Any committee of the
House of Representatives to which a joint resolution of
approval is referred shall report it to the House
without amendment not later than 3 legislative days
after the date of introduction thereof. If a committee
fails to report the joint resolution of approval within
that period, the committee shall be discharged from
further consideration of the joint resolution of
approval.
(B) Proceeding to consideration.--It shall be in
order, at any time after the first legislative day
after each committee authorized to consider a joint
resolution of approval has reported or has been
discharged from consideration of a joint resolution of
approval, to move to proceed to consider the joint
resolution of approval in the House. All points of
order against the motion are waived. Such a motion
shall not be in order after the House has disposed of a
motion to proceed on a joint resolution of approval
addressing a particular submission. The previous
question shall be considered as ordered on the motion
to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote
by which the motion is disposed of shall not be in
order.
(C) Consideration.--The joint resolution of
approval shall be considered as read. All points of
order against the joint resolution of approval and
against its consideration are waived. The previous
question shall be considered as ordered on the joint
resolution of approval to its passage without
intervening motion except 2 hours of debate equally
divided and controlled by the proponent and an
opponent. A motion to reconsider the vote on passage of
the joint resolution of approval shall not be in order.
(2) Consideration in the senate.--
(A) Reporting and discharge.--Any committee of the
Senate to which a joint resolution of approval is
referred shall report it to the Senate without
amendment not later than 3 session days after the date
of introduction thereof. If a committee fails to report
the joint resolution of approval within that period,
the committee shall be discharged from further
consideration of the joint resolution of approval, and
the joint resolution of approval shall be placed on the
calendar.
(B) Floor consideration.--
(i) In general.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in
order, at any time after the third session day
on which a Committee has reported or has been
discharged from consideration of a joint
resolution of approval (even though a previous
motion to the same effect has been disagreed
to), to move to proceed to the consideration of
the joint resolution of approval, and all
points of order against the joint resolution of
approval (and against consideration of the
joint resolution of approval) are waived. The
motion to proceed is not debatable. The motion
is not subject to a motion to postpone. A
motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the
consideration of the joint resolution of
approval is agreed to, the joint resolution of
approval shall remain the unfinished business
until disposed of.
(ii) Consideration.--Consideration of the
joint resolution of approval, and on all
debatable motions and appeals in connection
therewith, shall be limited to not more than 2
hours, which shall be divided equally between
the majority and minority leaders or their
designees. A motion to further limit debate is
in order and not debatable. An amendment to, or
a motion to postpone, or a motion to proceed to
the consideration of other business, or a
motion to recommit the joint resolution of
approval is not in order.
(iii) Vote on passage.--If the Senate has
voted to proceed to a joint resolution of
approval, the vote on passage of the joint
resolution of approval shall occur immediately
following the conclusion of consideration of
the joint resolution of approval, and a single
quorum call at the conclusion of the debate if
requested in accordance with the rules of the
Senate.
(iv) Rulings of the chair on procedure.--
Appeals from the decisions of the Chair
relating to the application of the rules of the
Senate, as the case may be, to the procedure
relating to a joint resolution of approval
shall be decided without debate.
(3) Amendment not in order.--A joint resolution of approval
considered pursuant to this subsection shall not be subject to
amendment in either the House of Representatives or the Senate.
(4) Coordination with action by other house.--
(A) In general.--If, before the passage by one
House of the joint resolution of approval of that
House, that House receives the joint resolution of
approval from the other House, then the following
procedures shall apply:
(i) The joint resolution of approval of the
other House shall not be referred to a
committee.
(ii) With respect to the joint resolution
of approval of the House receiving the joint
resolution of approval--
(I) the procedure in that House
shall be the same as if no joint
resolution of approval had been
received from the other House; and
(II) the vote on passage shall be
on the joint resolution of approval of
the other House.
(B) Treatment of joint resolution of approval of
other house.--If the Senate fails to introduce or
consider a joint resolution of approval under this
subsection, the joint resolution of approval of the
House shall be entitled to expedited floor procedures
under this subsection.
(C) Treatment of companion measures.--If, following
passage of the joint resolution of approval in the
Senate, the Senate then receives the companion measure
from the House of Representatives, the companion
measure shall not be debatable.
(5) Rules of the house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
joint resolution, and it supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
(d) Definitions.--In this section:
(1) Covered claim.--The term ``covered claim'' means a
claim in which a person is accused of releasing into the
environment a chemical that the Environmental Protection Agency
has determined through an Integrated Risk Information System
assessment to be a likely or known human carcinogen.
(2) Joint resolution of approval.--The term ``joint
resolution of approval'' means only a joint resolution which is
introduced in the period beginning on the date on which notice
provided under subsection (b) is received by each House of
Congress and ending 30 days thereafter (excluding days either
House of Congress is adjourned for more than 3 days during a
session of Congress) and--
(A) which does not have a preamble;
(B) the matter after the resolving clause of which
is as follows: ``That Congress approves the dismissal
or withdrawal relating to the notice submitted by the
Administrator under section 2(b) of the ZELDIN Act on
___.'', the blank space being filled with the
appropriate date; and
(C) the title of which is as follows: ``Joint
resolution approving the dismissal or withdrawal
relating to the notice submitted by the Administrator
under section 2(b) of the ZELDIN Act on ___.'', the
blank space being filled with the appropriate date.
SEC. 3. CONSULTATION PRIOR TO TERMINATION OF GRANTS.
(a) Consultation.--The Administrator shall consult with the Office
of General Counsel of the Environmental Protection Agency to determine
whether a termination by the Administrator of any grant or cooperative
agreement issued or entered into by the Administrator is in compliance
with--
(1) the rules and regulations of the Office of Management
and Budget and the Environmental Protection Agency in effect on
the date on which the grant or cooperative agreement was issued
or entered into; and
(2) the terms and conditions that govern the grant or
cooperative agreement.
(b) Determination.--The Office of General Counsel of the
Environmental Protection Agency shall determine whether a termination
by the Administrator of any grant or cooperative agreement issued or
entered into by the Administrator is in compliance with--
(1) the rules and regulations of the Office of Management
and Budget and the Environmental Protection Agency in effect on
the date on which the grant or cooperative agreement was issued
or entered into; and
(2) the terms and conditions that govern the grant or
cooperative agreement.
(c) Prohibition on Certain Terminations.--The Administrator may
terminate a grant or cooperative agreement only if the Office of
General Counsel of the Environmental Protection Agency determines that
such termination is in compliance with--
(1) the rules and regulations of the Office of Management
and Budget and the Environmental Protection Agency in effect on
the date on which the grant or cooperative agreement was issued
or entered into; and
(2) the terms and conditions that govern the grant or
cooperative agreement.
SEC. 4. PRESERVATION OF OBLIGATIONS OF GRANTS AND COOPERATIVE
AGREEMENTS.
(a) Prohibition on Untimely Deobligation.--Any amounts awarded in
the form of a grant or cooperative agreement issued or entered into by
the Administrator--
(1) may not, other than by the expenditure of such amounts
or the termination of such grant or agreement, be deemed or
otherwise considered to be unobligated; and
(2) may not be deobligated or returned to the Treasury upon
such termination of the grant or agreement until any civil
action that is either pending on the date of enactment of this
Act or filed on or after the date of enactment of this Act, and
all administrative processes, have been completed with respect
to such amounts.
(b) Effect on Future Applications.--
(1) In general.--In determining whether to award a grant or
cooperative agreement to a recipient, a head of a Federal
agency may not consider any failure by such recipient to close
out a grant or cooperative agreement issued or entered into by
the Administrator during the pendency of any judicial
proceeding contesting the termination of such grant or
cooperative agreement.
(2) Failure to close out.--The head of a Federal agency may
not include in any Federal reporting system information
regarding the failure of a recipient of a grant or cooperative
agreement issued or entered into by the Administrator to close
out such grant or cooperative agreement during the pendency of
a judicial proceeding contesting the termination of such grant
or agreement.
SEC. 5. JUDICIAL RELIEF.
A person harmed by a violation of this Act may bring an action
against the Administrator in an appropriate district court of the
United States seeking any of the following:
(1) Injunctive relief.
(2) Damages in amount equal to--
(A) the greater of--
(i) the sum of compensatory and punitive
damages; and
(ii) $1,000 per violation; or
(B) in the case of a violation that occurred as a
result of bad faith, 3 times the amount described in
subparagraph (A).
(3) Costs, including reasonable attorney's fees.
SEC. 6. PENALTY.
If an appropriate district court of the United States finds that
the Administrator violated section 2 or 3, such court may reduce the
annual rate of basic pay for the Administrator to $1 beginning on the
first day of the first applicable pay period beginning after such a
finding.
SEC. 7. CODIFICATION OF EPA RULEMAKING PROCESSES.
(a) Significant Regulatory Actions.--In carrying out a significant
regulatory action (as such term is defined in Executive Order 12866 (58
Fed. Reg. 51735), including a significant regulatory action to quantify
and monetize public health benefits), the Administrator of the
Environmental Protection Agency shall implement the regulatory analysis
guidance in Circular No. A-4 issued by the Office of Management and
Budget in 2023.
(b) Economic Analyses.--The Administrator of the Environmental
Protection Agency shall prepare each economic analysis in accordance
with the Guidelines for Preparing Economic Analyses (3rd edition)
issued by the Environmental Protection Agency in 2024.
SEC. 8. SUNSET.
This Act shall sunset on January 20, 2029.
<all>