H.R. 8440

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8440 Introduced in House (IH)]

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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.
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