,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hddj ,,in ,,the ,,house ,,of ,,representatives ,april #bb1 #bjbf,mr4 ,carter of ,louisiana 7for himself and ,mrs4 ,fletcher7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,transportation and ,infrastructure1 ,agriculture1 ,science1 ,space1 and ,technology1 and ,rules1 for a period to be subsequently determined by the ,speaker1 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 lawsuits1 or withdrawing referrals to the ,department of ,justice of claims1 relating to the release of certain carcinogens1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,zealously ,eliminating ,legal ,decisions of ,ineptitude and ,negligence ,act or the ,,zeldin ,act4 #b4 ,congressional approval procedure for dismissal of lawsuits or withdrawal of referral of claims relating to release of carcinogens 7a7 ,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 claim1 or withdraw a referral to the ,department of ,justice of a covered claim1 if-- 7#a7 the ,administrator provides notice of such dismissal or withdrawal under subsection 7b72 and 7#b7 a joint resolution of approval with respect to such dismissal or withdrawal is enacted pursuant to subsection 7c74 7b7 ,notice ,the ,administrator shall notify both ,houses of ,congress if the ,administrator seeks to-- 7#a7 dismiss a lawsuit filed by the ,environmental ,protection ,agency relating to a covered claim2 or 7#b7 withdraw a referral to the ,department of ,justice of a covered claim4 7c7 ,congressional approval 7#a7 ,consideration in the ,house of ,representatives 7,a7 ,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 #c legislative days after the date of introduction thereof4 ,if a committee fails to report the joint resolution of approval within that period1 the committee shall be discharged from further consideration of the joint resolution of approval4 7,b7 ,proceeding to consideration ,it shall be in order1 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 approval1 to move to proceed to consider the joint resolution of approval in the ,house4 ,all points of order against the motion are waived4 ,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 submission4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7,c7 ,consideration ,the joint resolution of approval shall be considered as read4 ,all points of order against the joint resolution of approval and against its consideration are waived4 ,the previous question shall be considered as ordered on the joint resolution of approval to its passage without intervening motion except #b hours of debate equally divided and controlled by the proponent and an opponent4 ,a motion to reconsider the vote on passage of the joint resolution of approval shall not be in order4 7#b7 ,consideration in the ,senate 7,a7 ,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 #c session days after the date of introduction thereof4 ,if a committee fails to report the joint resolution of approval within that period1 the committee shall be discharged from further consideration of the joint resolution of approval1 and the joint resolution of approval shall be placed on the calendar4 7,b7 ,floor consideration 7i7 ,in general ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order1 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 7even though a previous motion to the same effect has been disagreed to71 to move to proceed to the consideration of the joint resolution of approval1 and all points of order against the joint resolution of approval 7and against consideration of the joint resolution of approval7 are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution of approval is agreed to1 the joint resolution of approval shall remain the unfinished business until disposed of4 7ii7 ,consideration ,consideration of the joint resolution of approval1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #b hours1 which shall be divided equally between the majority and minority leaders or their designees4 ,a motion to further limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the joint resolution of approval is not in order4 7iii7 ,vote on passage ,if the ,senate has voted to proceed to a joint resolution of approval1 the vote on passage of the joint resolution of approval shall occur immediately following the conclusion of consideration of the joint resolution of approval1 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate4 7iv7 ,rulings of the ,chair on procedure ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate1 as the case may be1 to the procedure relating to a joint resolution of approval shall be decided without debate4 7#c7 ,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 ,senate4 7#d7 ,coordination with action by other ,house 7,a7 ,in general ,if1 before the passage by one ,house of the joint resolution of approval of that ,house1 that ,house receives the joint resolution of approval from the other ,house1 then the following procedures shall apply3 7i7 ,the joint resolution of approval of the other ,house shall not be referred to a committee4 7ii7 ,with respect to the joint resolution of approval of the ,house receiving the joint resolution of approval-- 7,i7 the procedure in that ,house shall be the same as if no joint resolution of approval had been received from the other ,house2 and 7,,ii7 the vote on passage shall be on the joint resolution of approval of the other ,house4 7,b7 ,treatment of joint resolution of approval of other ,house ,if the ,senate fails to introduce or consider a joint resolution of approval under this subsection1 the joint resolution of approval of the ,house shall be entitled to expedited floor procedures under this subsection4 7,c7 ,treatment of companion measures ,if1 following passage of the joint resolution of approval in the ,senate1 the ,senate then receives the companion measure from the ,house of ,representatives1 the companion measure shall not be debatable4 7#e7 ,rules of the ,house of ,representatives and ,senate ,this subsection is enacted by ,congress-- 7,a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7,b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 7d7 ,definitions ,in this section3 7#a7 ,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 carcinogen4 7#b7 ,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 7b7 is received by each ,house of ,congress and ending #cj days thereafter 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress7 and-- 7,a7 which does not have a preamble2 7,b7 the matter after the resolving clause of which is as follows3 ,that ,congress approves the dismissal or withdrawal relating to the notice submitted by the ,administrator under section #b7;b7 of the ,,zeldin ,act on 41 the blank space being filled with the appropriate date2 and 7,c7 the title of which is as follows3 ,joint resolution approving the dismissal or withdrawal relating to the notice submitted by the ,administrator under section #b7;b7 of the ,,zeldin ,act on 41 the blank space being filled with the appropriate date4 #c4 ,consultation prior to termination of grants 7a7 ,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-- 7#a7 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 into2 and 7#b7 the terms and conditions that govern the grant or cooperative agreement4 7b7 ,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-- 7#a7 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 into2 and 7#b7 the terms and conditions that govern the grant or cooperative agreement4 7c7 ,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-- 7#a7 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 into2 and 7#b7 the terms and conditions that govern the grant or cooperative agreement4 #d4 ,preservation of obligations of grants and cooperative agreements 7a7 ,prohibition on untimely deobligation ,any amounts awarded in the form of a grant or cooperative agreement issued or entered into by the ,administrator-- 7#a7 may not1 other than by the expenditure of such amounts or the termination of such grant or agreement1 be deemed or otherwise considered to be unobligated2 and 7#b7 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 ,act1 and all administrative processes1 have been completed with respect to such amounts4 7b7 ,effect on future applications 7#a7 ,in general ,in determining whether to award a grant or cooperative agreement to a recipient1 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 agreement4 7#b7 ,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 agreement4 #e4 ,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 following3 7#a7 ,injunctive relief4 7#b7 ,damages in amount equal to-- 7,a7 the greater of-- 7i7 the sum of compensatory and punitive damages2 and 7ii7 #a1jjj per violation2 or 7,b7 in the case of a violation that occurred as a result of bad faith1 #c times the amount described in subparagraph 7,a74 7#c7 ,costs1 including reasonable attorney's fees4 #f4 ,penalty ,if an appropriate district court of the ,united ,states finds that the ,administrator violated section #b or #c1 such court may reduce the annual rate of basic pay for the ,administrator to #a beginning on the first day of the first applicable pay period beginning after such a finding4 #g4 ,codification of ,,epa rulemaking processes 7a7 ,significant regulatory actions ,in carrying out a significant regulatory action 7as such term is defined in ,executive ,order #abhff 7#eh ,fed4 ,reg4 #eagce71 including a significant regulatory action to quantify and monetize public health benefits71 the ,administrator of the ,environmental ,protection ,agency shall implement the regulatory analysis guidance in ,circular ,no4 ,a-#d issued by the ,office of ,management and ,budget in #bjbc4 7b7 ,economic analyses ,the ,administrator of the ,environmental ,protection ,agency shall prepare each economic analysis in accordance with the ,guidelines for ,preparing ,economic ,analyses 7#crd edition7 issued by the ,environmental ,protection ,agency in #bjbd4 #h4 ,sunset ,this ,act shall sunset on ,january #bj1 #bjbi4