ZELDIN Act

Bill Number

H.R. 8440

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2026-04-22: 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.

Last Updated

2026-05-28T14:02:53Z

AI-Generated Summary

Purpose The legislation directs the Environmental Protection Agency (EPA) Administrator to obtain congressional approval before dismissing lawsuits or withdrawing referrals to the Department of Justice involving claims about the release of certain carcinogens. It also establishes safeguards for EPA grants and cooperative agreements, codifies specific rulemaking standards, and creates enforcement mechanisms for violations.

Key Provisions

• Congressional Approval for Dismissals (Section 2): The Administrator may dismiss an EPA lawsuit or withdraw a DOJ referral for a "covered claim" (a claim involving release of a chemical classified by the EPA's Integrated Risk Information System as a likely or known human carcinogen) only after notifying Congress and obtaining passage of a joint resolution of approval.
• The bill outlines expedited legislative procedures in both the House and Senate, including automatic discharge from committee after 3 days, limited debate (2 hours), no amendments allowed, and coordination between chambers to ensure quick consideration.
• Grant Terminations (Section 3): The Administrator must consult with the EPA Office of General Counsel before terminating any grant or cooperative agreement. Termination is prohibited unless the Office of General Counsel confirms compliance with applicable Office of Management and Budget and EPA rules in effect at the time of award and the agreement's terms.
• Preservation of Grant Funds (Section 4): Awarded grant or agreement funds cannot be deobligated or returned to the Treasury upon termination until all related civil actions and administrative processes are complete. Agencies may not consider a recipient's failure to close out a grant during ongoing litigation when evaluating future applications.
• Judicial Relief and Penalties (Sections 5–6): Individuals harmed by violations may sue in federal district court for injunctive relief, damages (greater of actual/punitive damages or $1,000 per violation, or triple that amount for bad faith), and attorney fees. A court finding of violation of Sections 2 or 3 may reduce the Administrator's pay to $1 per year.
• Rulemaking Standards (Section 7): The Administrator must follow Office of Management and Budget Circular No. A-4 (2023) for significant regulatory actions and the EPA's 2024 Guidelines for Preparing Economic Analyses when conducting economic analyses.
• Sunset (Section 8): The Act expires on January 20, 2029.

Significant Changes to Existing Law

• Introduces a new requirement for congressional approval via joint resolution for EPA enforcement actions on carcinogen releases, bypassing standard executive discretion.
• Adds mandatory legal review and compliance certification for grant terminations, which were previously handled primarily within the agency.
• Creates a private right of action and personal financial penalty against the Administrator for violations, representing a direct check on agency leadership.
• Codifies specific 2023–2024 analytical standards into statute, limiting flexibility in future regulatory processes.

Potential Impacts

• Government Agencies: Limits EPA's ability to settle or dismiss enforcement cases quickly and restricts termination of grants, potentially increasing administrative burdens and litigation for the EPA and DOJ.
• Citizens: Provides new avenues for individuals to challenge agency actions and seek damages, particularly those affected by carcinogen releases or grant-related decisions.
• International Relations: No direct provisions affect international matters, though stricter domestic enforcement of carcinogen claims could indirectly influence trade or environmental agreements involving chemical releases.

Main Stakeholders Affected

• EPA Administrator and agency staff.
• Congress (through approval processes).
• Recipients of EPA grants and cooperative agreements.
• Parties accused of releasing carcinogens (industry, facilities).
• Individuals or communities harmed by such releases.
• Federal courts handling enforcement and relief actions.

Notable Legal, Constitutional, or Political Implications

• Raises separation-of-powers questions by requiring legislative approval for specific executive enforcement decisions.
• The expedited "fast-track" procedures for joint resolutions mirror mechanisms used in other oversight laws but limit debate and amendments.
• The personal pay-reduction penalty for the Administrator is an unusual direct sanction on an executive official.
• Codification of rulemaking guidance shifts what were previously executive-branch policies into binding statutory requirements.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Carter, Troy A. [D-LA-2]

Cosponsors (1)

Rep. Fletcher, Lizzie [D-TX-7]

Recent Actions

• 2026-04-22: 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.
• 2026-04-22: 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.
• 2026-04-22: 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.
• 2026-04-22: 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.
• 2026-04-22: 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.
• 2026-04-22: Introduced in House
• 2026-04-22: Introduced in House

Bill Versions

• Zealously Eliminating Legal Decisions of Ineptitude and Negligence Act — issued 2026-04-22 — PDF (15 pages)