Section 1 Short title
This Act may be cited as the “Zealously Eliminating Legal Decisions of Ineptitude and Negligence Act” or the “ZELDIN Act”.
Zealously Eliminating Legal Decisions of Ineptitude and Negligence Act
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.
Sec. 2 Congressional approval procedure for dismissal of lawsuits or withdrawal of referral of claims relating to release of carcinogens
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—
the Administrator provides notice of such dismissal or withdrawal under subsection (b); and
a joint resolution of approval with respect to such dismissal or withdrawal is enacted pursuant to subsection (c).
Notice— The Administrator shall notify both Houses of Congress if the Administrator seeks to—
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.
Congressional approval—
Consideration in the House of Representatives—
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.
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.
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.
Consideration in the Senate—
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.
Floor consideration—
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.
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.
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.
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.
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.
Coordination with action by other House—
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:
The joint resolution of approval of the other House shall not be referred to a committee.
With respect to the joint resolution of approval of the House receiving the joint resolution of approval—
the procedure in that House shall be the same as if no joint resolution of approval had been received from the other House; and
the vote on passage shall be on the joint resolution of approval of the other House.
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.
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.
Rules of the House of Representatives and Senate— This subsection is enacted by Congress—
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
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.
Definitions— In this section:
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.
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—
which does not have a preamble;
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
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
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—
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
the terms and conditions that govern the grant or cooperative agreement.
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—
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
the terms and conditions that govern the grant or cooperative agreement.
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—
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
the terms and conditions that govern the grant or cooperative agreement.
Sec. 4 Preservation of obligations of grants and cooperative agreements
Prohibition on untimely deobligation— Any amounts awarded in the form of a grant or cooperative agreement issued or entered into by the Administrator—
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
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.
Effect on future applications—
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.
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:
Injunctive relief.
Damages in amount equal to—
the greater of—
the sum of compensatory and punitive damages; and
$1,000 per violation; or
in the case of a violation that occurred as a result of bad faith, 3 times the amount described in subparagraph (A).
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
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.
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.