Foundation analysis · One World Development

RESPONSIBILITY Act of 2026

Foundation draft · Not enacted law

A federal criminal, civil, administrative, disclosure, and restoration framework for major environmental harm, ecological destruction, and climate-related damage.

Document & filing details

Environmental Accountability, Restoration, and Climate Harm Framework

Congressional submission packet · 14,134 words · 12 titles

Bill
Foundation model H.R. · TTF-2026-009 (unassigned)
Sponsor
Sergei Shik, True Tomorrow Foundation
Congress
119th Congress (2025–2026) · model submission
Committee referral
Proposed: Judiciary; Energy and Commerce; Natural Resources; Financial Services
Filing date
Not filed · Foundation draft, July 2026
Submission contents
12-title bill; environmental accountability and restoration framework; legal, scientific, fiscal, enforcement, and implementation analysis

Foundation model docket. Identifiers and proposed referrals are internal and are not official congressional or legislative assignments.

A guide to this proposal

Start with the idea.
Go as deep as you need.

The act turns planetary stewardship into enforceable duties: prevention, disclosure, executive accountability, environmental bonds, crimes against the Earth, civil remedies, restoration, financial accountability, and climate-harm attribution.

Environmental accountabilityClimate harmRestorationCorporate responsibility

Foundation Analysis

A unified environmental accountability code with restoration at its center.

The draft combines preventive duties, criminal offenses, civil and apportioned liability, financial-actor duties, whistleblower, citizen, and qui tam enforcement, scientific methods, and a restoration fund.

In plain language: The act turns planetary stewardship into enforceable duties: prevention, disclosure, executive accountability, environmental bonds, crimes against the Earth, civil remedies, restoration, financial accountability, and climate-harm attribution.

01

Core design

Its central strength is the separation of culpability-based criminal offenses from strict and apportioned civil liability. Bright-line thresholds, non-retroactivity, defenses, notice, and review attempt to pair accountability with due process and predictable administration.

02

Delivery challenge

EPA, DOJ, SEC, financial regulators, customs agencies, and a Special Climate Prosecutor would need shared registries, attribution and valuation methods, bond administration, import screening, and a plan for long litigation and collection timelines.

03

Legal posture

Cumulative causation, financial control liability, imports and extraterritorial reach, ultra-hazardous thresholds, agency authority, and citizen enforcement are substantial litigation areas. Explicit rules and safe harbors help, but constitutional, trade, and administrative-law review remains essential.

04

Fiscal posture

The model projects ten-year outlays of $29.73 billion and receipts of $26.35 billion, with a near-break-even thirty-year base case, while private compliance costs are estimated at $6–15 billion in the first three years. Collections are uncertain and the figures are not an official score.

Foundation assessment

the draft is strongest as an integrated accountability architecture. It still needs evidentiary validation for event attribution, threshold calibration, coordination with existing environmental statutes, official scoring, and current constitutional and trade review.

Model legislation for policy development; not enacted law or legal advice. Analysis reflects the supplied July 2026 packet and should be refreshed against current law before legislative use.

Read the complete legislation

Full Text

Read the legislation.

Front matter & document guide

LEGISLATIVE SUBMISSION PACKET

RESPONSIBILITY Act of 2026

Environmental Accountability, Restoration, and Climate Harm Framework

Legislative reference table
BillRESPONSIBILITY Act of 2026
Draft sponsor[Insert sponsor]
Congress[Insert Congress]
Committee referral[Insert committee or referrals]
Filing date[Insert filing date]
Submission contentsProposed legislation; discussion draft note; section-by-section commentary; fiscal note; implementation plan and KPIs; public summary and FAQs; quality check; short bibliography.

Legislative purpose

To establish a comprehensive Federal criminal, civil, administrative, disclosure, and restoration framework for major environmental harm, ecological destruction, and climate-related damage, and for other purposes.

Prepared as a congressional submission packet from the attached draft. Bracketed metadata fields remain for filing-specific completion.

Discussion Draft

A BILL

To establish a comprehensive Federal criminal, civil, administrative, disclosure, and restoration framework for major environmental harm, ecological destruction, and climate-related damage, 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 “RESPONSIBILITY Act of 2026”.

SEC. 2. ACRONYM.

In this Act, the term “RESPONSIBILITY” refers to the national policy of Remediation, Environmental Stewardship, Prevention, Oversight, National Sustainability, Integrity, Business and Individual accountability, Liability, Information disclosure, Transparency, and Youth-and-future-generation protection.

SEC. 3. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Acronym.

Sec. 3. Table of contents.

TITLE I—FINDINGS, PURPOSES, AND AUTHORITY

Sec. 101. Congressional findings.

Sec. 102. Purposes.

Sec. 103. Constitutional and statutory bases.

TITLE II—DEFINITIONS AND APPLICABILITY

Sec. 201. Definitions.

Sec. 202. Scope and applicability.

Sec. 203. Covered persons and threshold categories.

Sec. 204. Relationship to other laws and existing permits.

Sec. 205. Standards of proof, scienter, causation, and attribution.

Sec. 206. Defenses and equitable considerations.

TITLE III—DUTIES OF CARE, PREVENTION, AND DISCLOSURE

Sec. 301. General duty of environmental due care and climate-risk prevention.

Sec. 302. Environmental accountability programs.

Sec. 303. Board oversight and executive certification.

Sec. 304. Monitoring, recordkeeping, and prompt reporting.

Sec. 305. Environmental bonds and impairment insurance.

Sec. 306. Incident prevention and emergency response plans.

Sec. 307. Supply-chain and contractor due diligence.

Sec. 308. Climate transition and restoration plans.

Sec. 309. Self-disclosure, cooperation, and mitigation.

Sec. 310. Small business assistance and phased compliance.

TITLE IV—CRIMES AGAINST THE EARTH

Sec. 401. Crimes against the Earth generally.

Sec. 402. Ecological destruction in the first degree.

Sec. 403. Ecological destruction in the second degree.

Sec. 404. Aggravated climate endangerment and concealment.

Sec. 405. Grossly negligent release or operational failure.

Sec. 406. Environmental fraud, monitoring tampering, and false certification.

Sec. 407. Obstruction, retaliation, and witness tampering.

Sec. 408. Aiding and abetting; conspiracy; financing prohibited conduct.

Sec. 409. Responsible corporate officer and control person liability.

Sec. 410. Organizational sentencing, probation, monitors, restitution, forfeiture, and debarment.

Sec. 411. Criminal limitations period and venue.

TITLE V—CIVIL LIABILITY AND REMEDIES

Sec. 501. Federal cause of action and persons liable.

Sec. 502. Public actions by the United States, States, Tribal governments, and local governments.

Sec. 503. Private actions.

Sec. 504. Cumulative climate-harm attribution and apportionment.

Sec. 505. Joint and several liability; contribution; successor liability.

Sec. 506. Recoverable damages.

Sec. 507. Equitable and restorative remedies.

Sec. 508. Strict civil liability for ultra-hazardous activities.

Sec. 509. Fiduciary, executive, and beneficial-owner civil liability.

Sec. 510. Civil limitations period.

Sec. 511. Settlements, offsets, credits, and allocation of recoveries.

TITLE VI—FIDUCIARY, FINANCIAL, AND MARKET ACCOUNTABILITY

Sec. 601. Federal duty of prudent environmental oversight.

Sec. 602. Parent entities, sponsors, and beneficial owners.

Sec. 603. Financial institutions, insurers, underwriters, asset managers, and family offices.

Sec. 604. Public issuer disclosure and internal control requirements.

Sec. 605. Clawbacks, indemnification limits, and compensation restrictions.

Sec. 606. Environmental reserves and contingent liability disclosures.

TITLE VII—ADMINISTRATION AND ENFORCEMENT

Sec. 701. Lead agencies and coordinated jurisdiction.

Sec. 702. Office of Environmental Accountability and Restoration.

Sec. 703. Office of the Special Climate Prosecutor.

Sec. 704. Interagency Task Force on Environmental Harm and Climate Accountability.

Sec. 705. Administrative orders, subpoenas, and civil investigative demands.

Sec. 706. Emergency orders and imminent-hazard authority.

Sec. 707. Penalty assessment factors and schedules.

Sec. 708. Annual national enforcement strategy and report.

Sec. 709. Community complaint portal and ombuds.

TITLE VIII—WHISTLEBLOWERS, CITIZEN SUITS, AND QUI TAM

Sec. 801. Whistleblower protections.

Sec. 802. Awards.

Sec. 803. Confidential reporting and anti-retaliation procedures.

Sec. 804. Citizen suits.

Sec. 805. Environmental accountability qui tam actions.

Sec. 806. Attorney fees, interim relief, and anti-waiver rule.

TITLE IX—SCIENTIFIC MEASUREMENT, ASSESSMENT, AND DATA

Sec. 901. Interagency Scientific and Economic Assessment Board.

Sec. 902. Measurement and verification protocols.

Sec. 903. Social cost schedule and restoration valuation.

Sec. 904. Event attribution and admissibility.

Sec. 905. Environmental justice burden index.

Sec. 906. National Environmental Accountability Registry and data portal.

Sec. 907. Scientific integrity, peer review, and periodic revision.

TITLE X—FEDERALISM, TRIBAL, AND INTERNATIONAL MATTERS

Sec. 1001. State, Tribal, territorial, and local roles; non-preemption floor.

Sec. 1002. Tribal consultation, treaty rights, and Indigenous knowledge protections.

Sec. 1003. Extraterritorial application.

Sec. 1004. Imports, procurement, and Federal financial assistance restrictions.

Sec. 1005. International comity and foreign judgments.

TITLE XI—FUNDING, APPROPRIATIONS, AND TRANSITION ASSISTANCE

Sec. 1101. Earth Restoration Trust Fund.

Sec. 1102. Deposits, allocations, and uses of amounts.

Sec. 1103. Authorization of appropriations.

Sec. 1104. Transition assistance and just-transition grants.

Sec. 1105. Inspector General and GAO review.

TITLE XII—RULEMAKING, JUDICIAL REVIEW, SAVINGS, AND EFFECTIVE DATES

Sec. 1201. Rulemaking deadlines.

Sec. 1202. Judicial review.

Sec. 1203. Savings clause; no double recovery.

Sec. 1204. Severability.

Sec. 1205. Effective dates; phase-in; non-retroactivity.

Sec. 1206. Congressional review and sunset hearing.

TITLE I—FINDINGS, PURPOSES, AND AUTHORITY

SEC. 101. CONGRESSIONAL FINDINGS.

Congress finds the following:

SEC. 102. PURPOSES.

The purposes of this Act are—

SEC. 103. CONSTITUTIONAL AND STATUTORY BASES.

Congress enacts this Act pursuant to its powers under article I, section 8 of the Constitution of the United States, including the powers to regulate interstate and foreign commerce, spend for the general welfare, define and punish offenses on the high seas and against the law of nations, and make all laws necessary and proper for carrying into execution those powers; pursuant to article IV, section 3, clause 2 of such Constitution; and pursuant to all other powers vested in Congress.

TITLE II—DEFINITIONS AND APPLICABILITY

SEC. 201. DEFINITIONS.

In this Act:

SEC. 202. SCOPE AND APPLICABILITY.

SEC. 203. COVERED PERSONS AND THRESHOLD CATEGORIES.

SEC. 204. RELATIONSHIP TO OTHER LAWS AND EXISTING PERMITS.

SEC. 205. STANDARDS OF PROOF, SCIENTER, CAUSATION, AND ATTRIBUTION.

SEC. 206. DEFENSES AND EQUITABLE CONSIDERATIONS.

TITLE III—DUTIES OF CARE, PREVENTION, AND DISCLOSURE

SEC. 301. GENERAL DUTY OF ENVIRONMENTAL DUE CARE AND CLIMATE-RISK PREVENTION.

SEC. 302. ENVIRONMENTAL ACCOUNTABILITY PROGRAMS.

SEC. 303. BOARD OVERSIGHT AND EXECUTIVE CERTIFICATION.

SEC. 304. MONITORING, RECORDKEEPING, AND PROMPT REPORTING.

SEC. 305. ENVIRONMENTAL BONDS AND IMPAIRMENT INSURANCE.

SEC. 306. INCIDENT PREVENTION AND EMERGENCY RESPONSE PLANS.

SEC. 307. SUPPLY-CHAIN AND CONTRACTOR DUE DILIGENCE.

SEC. 308. CLIMATE TRANSITION AND RESTORATION PLANS.

SEC. 309. SELF-DISCLOSURE, COOPERATION, AND MITIGATION.

SEC. 310. SMALL BUSINESS ASSISTANCE AND PHASED COMPLIANCE.

TITLE IV—CRIMES AGAINST THE EARTH

SEC. 401. CRIMES AGAINST THE EARTH GENERALLY.

SEC. 402. ECOLOGICAL DESTRUCTION IN THE FIRST DEGREE.

SEC. 403. ECOLOGICAL DESTRUCTION IN THE SECOND DEGREE.

SEC. 404. AGGRAVATED CLIMATE ENDANGERMENT AND CONCEALMENT.

and thereby causes, conceals, or materially misattributes attributable emissions of not less than 1,000,000 metric tons of carbon dioxide equivalent during any 12-month period, or defeats a material safeguard intended to prevent a major environmental incident, shall be fined under this title, imprisoned for not more than 15 years, or both.

SEC. 405. GROSSLY NEGLIGENT RELEASE OR OPERATIONAL FAILURE.

SEC. 406. ENVIRONMENTAL FRAUD, MONITORING TAMPERING, AND FALSE CERTIFICATION.

shall be fined under this title, imprisoned for not more than 10 years, or both.

SEC. 407. OBSTRUCTION, RETALIATION, AND WITNESS TAMPERING.

SEC. 408. AIDING AND ABETTING; CONSPIRACY; FINANCING PROHIBITED CONDUCT.

SEC. 409. RESPONSIBLE CORPORATE OFFICER AND CONTROL PERSON LIABILITY.

SEC. 410. ORGANIZATIONAL SENTENCING, PROBATION, MONITORS, RESTITUTION, FORFEITURE, AND DEBARMENT.

SEC. 411. CRIMINAL LIMITATIONS PERIOD AND VENUE.

TITLE V—CIVIL LIABILITY AND REMEDIES

SEC. 501. FEDERAL CAUSE OF ACTION AND PERSONS LIABLE.

SEC. 502. PUBLIC ACTIONS BY THE UNITED STATES, STATES, TRIBAL GOVERNMENTS, AND LOCAL GOVERNMENTS.

SEC. 503. PRIVATE ACTIONS.

SEC. 504. CUMULATIVE CLIMATE-HARM ATTRIBUTION AND APPORTIONMENT.

SEC. 505. JOINT AND SEVERAL LIABILITY; CONTRIBUTION; SUCCESSOR LIABILITY.

SEC. 506. RECOVERABLE DAMAGES.

Damages recoverable under this title include—

SEC. 507. EQUITABLE AND RESTORATIVE REMEDIES.

In addition to damages, a court may order—

SEC. 508. STRICT CIVIL LIABILITY FOR ULTRA-HAZARDOUS ACTIVITIES.

SEC. 509. FIDUCIARY, EXECUTIVE, AND BENEFICIAL-OWNER CIVIL LIABILITY.

SEC. 510. CIVIL LIMITATIONS PERIOD.

SEC. 511. SETTLEMENTS, OFFSETS, CREDITS, AND ALLOCATION OF RECOVERIES.

TITLE VI—FIDUCIARY, FINANCIAL, AND MARKET ACCOUNTABILITY

SEC. 601. FEDERAL DUTY OF PRUDENT ENVIRONMENTAL OVERSIGHT.

SEC. 602. PARENT ENTITIES, SPONSORS, AND BENEFICIAL OWNERS.

SEC. 603. FINANCIAL INSTITUTIONS, INSURERS, UNDERWRITERS, ASSET MANAGERS, AND FAMILY OFFICES.

SEC. 604. PUBLIC ISSUER DISCLOSURE AND INTERNAL CONTROL REQUIREMENTS.

SEC. 605. CLAWBACKS, INDEMNIFICATION LIMITS, AND COMPENSATION RESTRICTIONS.

SEC. 606. ENVIRONMENTAL RESERVES AND CONTINGENT LIABILITY DISCLOSURES.

TITLE VII—ADMINISTRATION AND ENFORCEMENT

SEC. 701. LEAD AGENCIES AND COORDINATED JURISDICTION.

SEC. 702. OFFICE OF ENVIRONMENTAL ACCOUNTABILITY AND RESTORATION.

SEC. 703. OFFICE OF THE SPECIAL CLIMATE PROSECUTOR.

SEC. 704. INTERAGENCY TASK FORCE ON ENVIRONMENTAL HARM AND CLIMATE ACCOUNTABILITY.

SEC. 705. ADMINISTRATIVE ORDERS, SUBPOENAS, AND CIVIL INVESTIGATIVE DEMANDS.

SEC. 706. EMERGENCY ORDERS AND IMMINENT-HAZARD AUTHORITY.

SEC. 707. PENALTY ASSESSMENT FACTORS AND SCHEDULES.

SEC. 708. ANNUAL NATIONAL ENFORCEMENT STRATEGY AND REPORT.

The Administrator, in coordination with the Attorney General and the Special Climate Prosecutor, shall submit to Congress and publish an annual report describing—

SEC. 709. COMMUNITY COMPLAINT PORTAL AND OMBUDS.

TITLE VIII—WHISTLEBLOWERS, CITIZEN SUITS, AND QUI TAM

SEC. 801. WHISTLEBLOWER PROTECTIONS.

SEC. 802. AWARDS.

SEC. 803. CONFIDENTIAL REPORTING AND ANTI-RETALIATION PROCEDURES.

SEC. 804. CITIZEN SUITS.

SEC. 805. ENVIRONMENTAL ACCOUNTABILITY QUI TAM ACTIONS.

SEC. 806. ATTORNEY FEES, INTERIM RELIEF, AND ANTI-WAIVER RULE.

TITLE IX—SCIENTIFIC MEASUREMENT, ASSESSMENT, AND DATA

SEC. 901. INTERAGENCY SCIENTIFIC AND ECONOMIC ASSESSMENT BOARD.

SEC. 902. MEASUREMENT AND VERIFICATION PROTOCOLS.

SEC. 903. SOCIAL COST SCHEDULE AND RESTORATION VALUATION.

SEC. 904. EVENT ATTRIBUTION AND ADMISSIBILITY.

SEC. 905. ENVIRONMENTAL JUSTICE BURDEN INDEX.

SEC. 906. NATIONAL ENVIRONMENTAL ACCOUNTABILITY REGISTRY AND DATA PORTAL.

SEC. 907. SCIENTIFIC INTEGRITY, PEER REVIEW, AND PERIODIC REVISION.

TITLE X—FEDERALISM, TRIBAL, AND INTERNATIONAL MATTERS

SEC. 1001. STATE, TRIBAL, TERRITORIAL, AND LOCAL ROLES; NON-PREEMPTION FLOOR.

SEC. 1002. TRIBAL CONSULTATION, TREATY RIGHTS, AND INDIGENOUS KNOWLEDGE PROTECTIONS.

SEC. 1003. EXTRATERRITORIAL APPLICATION.

SEC. 1004. IMPORTS, PROCUREMENT, AND FEDERAL FINANCIAL ASSISTANCE RESTRICTIONS.

SEC. 1005. INTERNATIONAL COMITY AND FOREIGN JUDGMENTS.

TITLE XI—FUNDING, APPROPRIATIONS, AND TRANSITION ASSISTANCE

SEC. 1101. EARTH RESTORATION TRUST FUND.

There is established in the Treasury of the United States a trust fund to be known as the Earth Restoration Trust Fund.

SEC. 1102. DEPOSITS, ALLOCATIONS, AND USES OF AMOUNTS.

SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated, to remain available until expended, for fiscal years 2027 through 2031—

SEC. 1104. TRANSITION ASSISTANCE AND JUST-TRANSITION GRANTS.

SEC. 1105. INSPECTOR GENERAL AND GAO REVIEW.

TITLE XII—RULEMAKING, JUDICIAL REVIEW, SAVINGS, AND EFFECTIVE DATES

SEC. 1201. RULEMAKING DEADLINES.

SEC. 1202. JUDICIAL REVIEW.

SEC. 1203. SAVINGS CLAUSE; NO DOUBLE RECOVERY.

SEC. 1204. SEVERABILITY.

If any provision of this Act, or application thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of the remaining provisions to any other person or circumstance, shall not be affected.

SEC. 1205. EFFECTIVE DATES; PHASE-IN; NON-RETROACTIVITY.

SEC. 1206. CONGRESSIONAL REVIEW AND SUNSET HEARING.

Section-by-section commentary

The current federal baseline is fragmented but real: DOJ’s Environmental Crimes Section brings cases nationwide, EPA’s criminal program investigates the most significant environmental crimes, and EPA’s FY2025 enforcement reporting shows nearly 8,300 inspections, 2,127 civil enforcement cases, and more than $1.2 billion in civil penalties, criminal fines, restitution, and other court-ordered relief, alongside 156 defendants charged, more than $600 million in criminal relief, and forfeiture exceeding $1 billion. This draft builds on that machinery rather than inventing an entirely separate enforcement state.

Sections 1–3 and title I. These provisions supply the short title, acronym, findings, purposes, and constitutional predicates. The findings are deliberately written to support interstate-commerce, foreign-commerce, spending, procurement, and Federal-property rationales, while also making explicit that the statute distinguishes criminal punishment from civil and restorative liability.

Title III. This title creates the preventive compliance regime: internal controls, board oversight, monitoring, incident reporting, bonds, emergency planning, and transition plans. The design borrows from existing Federal compliance systems already in place, including EPA’s greenhouse gas reporting framework and EPA’s self-disclosure approach. EPA’s GHGRP already requires annual reporting from roughly 8,000 facilities, and EPA’s Audit Policy already offers penalty mitigation for voluntary discovery, disclosure, correction, and recurrence prevention.

Title V. This title creates a unified Federal cause of action for public and private plaintiffs. It distinguishes direct environmental harm from cumulative climate harm: direct harm can support joint-and-several liability when indivisible, while climate harm is ordinarily apportioned by attributable share unless defendants acted in concert or concealed data. The strict-liability section is modeled conceptually on the logic of CERCLA’s broad cost-recovery framework but extends it to specified ultra-hazardous modern activities and to restoration, relocation, and monitoring costs.

Title VII. This title creates an EPA Office of Environmental Accountability and Restoration and a Senate-confirmed Special Climate Prosecutor within DOJ. That design responds to the reality that current environmental enforcement sits across EPA and DOJ and that specialized capacity matters. It also gives the statute explicit agency roles, which matters more after Loper Bright and West Virginia v. EPA.

Title VIII. These provisions combine three existing Federal models: retaliation protection in the style of Federal whistleblower statutes, monetary awards modeled on SEC’s whistleblower framework, and sealed relator actions modeled on the False Claims Act. SEC’s current whistleblower program uses 10%–30% award ranges in successful actions over $1 million in sanctions, and the FCA remains the canonical Federal qui tam/treble-damages model.

Title X. This title preserves stronger State, Tribal, territorial, and local law; protects treaty rights; adds a targeted extraterritorial hook; and uses import, procurement, and Federal-finance leverage against final repeat violators. The extraterritorial language is drafted around substantial foreseeable domestic effects and due-process limits rather than a boundless universal-jurisdiction theory.

Titles XI and XII. These titles create a dedicated restoration fund, authorize appropriations, establish transition assistance, and add judicial-review, savings, severability, phase-in, and non-retroactivity provisions. The non-retroactivity language is especially important. It preserves a strong forward-looking regime without writing an obvious Ex Post Facto or unfair-retroactivity target into the criminal title.

A second legal design choice is the degree of statutory specificity. Massachusetts v. EPA confirmed that greenhouse gases fit within the Clean Air Act’s broad definition of air pollution, but West Virginia v. EPA and Loper Bright together make clear that Congress cannot count on expansive, ambiguity-driven agency power for major economic questions. This draft therefore speaks directly to thresholds, covered actors, scientific methodologies, judicial review, and penalty architecture.

A useful international benchmark exists as well. The EU’s 2024 environmental crime directive requires Member States to criminalize serious environmental harm, including some serious-negligence cases, and to impose corporate liability, restoration, data collection, training, and specialized enforcement; the EU climate law separately supplies a long-term statutory framework for climate planning. This draft borrows the enforcement logic, but with stronger Federal civil-damages and private-action machinery suited to U.S. law.

One more reason for statutory disclosure language is current regulatory instability. The SEC adopted climate-related disclosure rules in March 2024, but in March 2025 voted to stop defending those rules in court. This draft therefore hard-codes the baseline disclosure duty into statute instead of relying only on agency rule.

Fiscal note

This is an analytical estimate, not an official CBO score.

As a baseline, EPA’s FY2026 budget request is $4.16 billion with 12,856 FTE, while DOJ’s FY2026 direct request for the Environment and Natural Resources Division is about $111.2 million with 342 FTE after offsets. The Act therefore assumes a meaningful but still plausible scale-up rather than a wholly new bureaucracy from zero.

Method.

Base case, constant 2026 dollars.

Year 1 outlays: about $2.98 billion. Year 1 receipts: about $1.60 billion. Net federal effect: about -$1.38 billion.

5-year outlays: about $15.48 billion. 5-year receipts: about $11.50 billion. Net: about -$3.98 billion.

10-year outlays: about $29.73 billion. 10-year receipts: about $26.35 billion. Net: about -$3.38 billion.

30-year outlays: about $79.73 billion. 30-year receipts: about $80.85 billion. Net: about +$1.13 billion.

Base case, inflation-adjusted/nominal dollars at 2.2% annual inflation.

Year 1 outlays: about $3.04 billion. Year 1 receipts: about $1.64 billion.

5-year outlays: about $16.54 billion. 5-year receipts: about $12.34 billion.

10-year outlays: about $33.49 billion. 10-year receipts: about $30.05 billion.

30-year outlays: about $111.74 billion. 30-year receipts: about $115.08 billion. Net: about +$3.34 billion.

Scenario ranges, constant 2026 dollars.

Best case: 30-year outlays around $71.8 billion and receipts around $101.1 billion, driven by faster rule stabilization, stronger collections, and fewer catastrophic incidents requiring public spending.

Worst case: 30-year outlays around $91.7 billion and receipts around $52.6 billion, driven by slower rule implementation, heavier litigation drag, and lower collection rates.

Private-sector compliance costs.

Distributional effects.

Who pays: major emitters, ultra-hazardous operators, repeat violators, parent entities using subsidiaries to isolate risk, public issuers with weak controls, and financial actors that knowingly facilitate prohibited conduct.

Who benefits: affected communities, public infrastructure owners, Tribal governments, taxpayers who currently absorb cleanup and adaptation costs, law-abiding competitors, insurers, and workers at firms that currently face unfair pressure from externalized-cost business models.

Dynamic effects.

Implementation plan and KPIs

0–90 days.

Create the interagency task force, stand up interim implementation teams at EPA and DOJ, designate agency leads, issue a cross-agency implementation memo, and publish a public roadmap.

6 months.

Publish proposed rules, launch the complaint portal, stand up provisional Registry architecture, publish provisional social-cost values, and issue model compliance templates for covered entities and financial institutions.

1 year.

Finalize the criminal, reporting, monitoring, and bond rules; staff the Special Climate Prosecutor’s office; begin large-entity reporting; begin State, Tribal, and local grant awards; and publish the first national enforcement strategy.

5 years.

Complete the first full enforcement cycle, publish audited performance results, revise scientific protocols, recalibrate penalty schedules, and deliver the first GAO/IG review-driven legislative update package.

Primary agencies.

EPA leads civil administration and registry/data systems. DOJ leads criminal prosecution. SEC and financial regulators implement public-company and market-intermediary requirements. NOAA, USGS, DOI, USDA, DOE, HHS, and NIST support attribution and valuation. DHS/CBP implements import restrictions.

KPIs.

1. Reduction in major environmental incidents among covered entities.

2. Time from incident notice to protective order.

3. Share of covered entities with compliant accountability programs.

4. Dollar value of restoration and adaptation funded.

5. Share of Trust Fund benefits reaching high-burden communities.

6. Median time to resolve whistleblower claims.

7. Verified reduction in attributable emissions among entities under section 308 plans.

8. Rate of repeat violations after final enforcement action.

Plain-language summary

The RESPONSIBILITY Act creates a single Federal accountability system for major environmental harm and climate damage.

It does four main things. First, it creates new Federal offenses for severe ecological destruction, climate concealment, environmental fraud, and obstruction. Second, it creates a broad civil-liability regime so governments and injured people can recover cleanup, restoration, adaptation, health-monitoring, and economic-loss costs. Third, it forces large companies, executives, owners, and certain financial actors to build real environmental controls, disclose risks truthfully, and fund bonds or insurance for major hazards. Fourth, it protects whistleblowers, lets affected people sue, and channels recoveries into a national restoration fund.

The bill is tough, but it is not a blanket no-fault criminal code. Prison applies to knowing, reckless, grossly negligent, fraudulent, or obstructive conduct. Strict liability is used mainly for civil responsibility in ultra-hazardous activities.

FAQs

Does this criminalize all emissions?

No. The criminal title targets egregious conduct: knowing, reckless, grossly negligent, fraudulent, obstructive, or deliberately concealed behavior tied to major harm or major-scale concealment.

Can corporations still operate lawfully under the Act?

Yes. The bill assumes lawful operation remains possible, but only if firms adopt prevention systems, monitor and report honestly, and internalize major risks instead of shifting them to the public.

Does it reach wealthy individuals?

Yes, through beneficial-owner, control-person, sponsor, and family-office provisions. It does not punish wealth as such; it reaches actual control, decisive financing, and informed facilitation.

Can local governments and Tribes sue?

Yes. Public plaintiffs can recover adaptation, resilience, cleanup, restoration, and public-health costs.

Does the Act wipe out State law?

No. It is a Federal floor, not a ceiling.

Quality-Check

Consistency.

Definitions, threshold categories, penalty ladders, whistleblower remedies, and judicial-review pathways are internally aligned. Criminal liability is tied to explicit mental states; civil liability handles strict liability and cumulative harm.

Enforceability.

The bill assigns clear roles to EPA, DOJ, SEC, and other agencies; provides funding, records authority, subpoena tools, emergency powers, and a registry; and phases compliance in by entity size and risk.

Top litigation risks.

Top five assumptions driving costs and outcomes.

One, penalty collections will materially exceed current baseline enforcement. Two, agencies can stand up interoperable data systems within 18 months. Three, courts will accept event-attribution and apportioned-causation models under the evidentiary framework. Four, financial institutions will change behavior when due-diligence and facilitation rules bite. Five, transition assistance will blunt some worker and local-government disruption.

Short bibliography

Massachusetts v. EPA, 549 U.S. 497 (2007).

West Virginia v. EPA, 597 U.S. 697 (2022).

Loper Bright Enters. v. Raimondo, 603 U.S. 369 (2024).

42 U.S.C. § 9607 (CERCLA liability).

42 U.S.C. § 7413 (Clean Air Act Federal enforcement).

U.S. Department of Justice, Environment and Natural Resources Division, Environmental Crimes Section.

U.S. Environmental Protection Agency, FY2025 Enforcement and Compliance Assurance Annual Results.

U.S. Environmental Protection Agency, Greenhouse Gas Reporting Program.

U.S. Environmental Protection Agency, Audit Policy.

U.S. Environmental Protection Agency, EPA Report on the Social Cost of Greenhouse Gases: Estimates Incorporating Recent Scientific Advances (2023), and White House, Unleashing American Energy (Jan. 20, 2025).

SEC, Climate-Disclosure Rule Adoption (Mar. 6, 2024) and SEC Vote to End Defense of Those Rules (Mar. 27, 2025).

SEC, FY2025 Annual Report to Congress on the Dodd-Frank Whistleblower Program; DOJ, False Claims Act overview.

EU Directive 2024/1203 on the protection of the environment through criminal law; EU Climate Law, Regulation (EU) 2021/1119.

Optional Companion Materials

Optional companion materials: a shorter introduced-bill version, a committee-section redline, or a sponsor memorandum.

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