S. 4404

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4404 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4404

To amend the Clean Air Act to require Congress to approve of the 
application of certain executive exemptions under that Act, to strike 
an exemption under that Act, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 27, 2026

Mr. Whitehouse (for himself and Mr. Schiff) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
and Public Works

_______________________________________________________________________

A BILL

To amend the Clean Air Act to require Congress to approve of the 
application of certain executive exemptions under that Act, to strike 
an exemption under that Act, 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 ``No Passes for Polluters Act of 
2026''.

SEC. 2. CONGRESSIONAL APPROVAL OF USE OF EXEMPTIONS UNDER THE CLEAN AIR 
ACT.

(a) Approval Process.--
(1) In general.--Title III of the Clean Air Act (42 U.S.C. 
7601 et seq.) is amended by adding at the end the following:

``SEC. 330. CONGRESSIONAL APPROVAL OF USE OF EXEMPTIONS.

``(a) Definitions.--In this section:
``(1) Comptroller general.--The term `Comptroller General' 
means the Comptroller General of the United States.
``(2) Covered exemption.--
``(A) In general.--The term `covered exemption' 
means an exemption, including the adoption of 
regulations or issuance of orders, as applicable, 
under--
``(i) section 118(b);
``(ii) section 248(e); and
``(iii) section 604(f).
``(B) Inclusion.--The term `covered exemption' 
includes an extension of a covered exemption, if that 
extension is authorized under applicable law.
``(3) Joint resolution.--The term `joint resolution' means 
a joint resolution of the House of Representatives or the 
Senate that only expresses the approval of Congress of a 
proposed use of a covered exemption set forth in a special 
message.
``(4) Special message.--The term `special message' means a 
special message transmitted by the President to the Senate and 
the House of Representatives pursuant to subsection (c)(1).
``(b) Limitation on Use of Exemptions.--Notwithstanding any other 
provision of this Act--
``(1) neither the President, the Administrator, the head of 
any Federal department or agency, nor any office or employee of 
the United States may use a covered exemption or, as 
applicable, extend a covered exemption except after a joint 
resolution is enacted in accordance with this section; and
``(2) neither the use of a covered exemption nor, as 
applicable, the extension of a covered exemption shall have any 
force or effect except after a joint resolution is enacted in 
accordance with this section.
``(c) Proposed Use of Exemption.--
``(1) Transmittal of special message.--Whenever the 
President, the Administrator, the head of any Federal 
department or agency, or any officer or employee of the United 
States proposes to use a covered exemption, the President shall 
transmit to the Senate and the House of Representatives, 
electronically or through physical means, a special message 
describing--
``(A) the covered exemption proposed to be used;
``(B) the period of time during which the covered 
exemption is proposed to be used;
``(C) the reasons for the proposed use of a covered 
exemption, including any legal authority invoked to 
justify that proposed use; and
``(D) all facts, circumstances, and considerations 
relating to or bearing on the proposed use of the 
covered exemption, including--
``(i) an analysis of the application of 
those facts, circumstances and considerations 
to any legal authority invoked to justify the 
proposed use of the covered exemption; and
``(ii) to the maximum extent practicable, 
the estimated effect of the proposed use.
``(2) Inclusion of multiple uses.--A special message may 
include 1 or more proposed uses of covered exemptions.
``(3) Consistency with legislative policy.--
``(A) In general.--The use of a covered exemption 
shall only be permissible as specifically provided by 
law.
``(B) Limitation.--No officer or employee of the 
United States may use a covered exemption for any 
purpose other than a purpose described in subparagraph 
(A).
``(d) Transmission of Special Messages; Publication.--
``(1) Delivery to houses of congress.--
``(A) In general.--Each special message shall--
``(i) be transmitted to the Senate and the 
House of Representatives on the same day;
``(ii) if the Senate is not in session on 
the day the special message is transmitted, be 
delivered to the Secretary of the Senate; and
``(iii) if the House of Representatives is 
not in session on the day the special message 
is transmitted, be delivered to the Clerk of 
the House of Representatives.
``(B) Committee referral; printing.--Each special 
message transmitted to the Senate and the House of 
Representatives shall--
``(i) be referred to the appropriate 
committee of the Senate and the House of 
Representatives; and
``(ii) be printed as a document of each 
House.
``(2) Delivery to comptroller general.--
``(A) In general.--A copy of each special message 
shall be transmitted to the Comptroller General on the 
same day that the special message is transmitted to the 
Senate and the House of Representatives.
``(B) Notification.--In order to assist Congress in 
the exercise of the functions of Congress under this 
section, the Comptroller General shall review each 
special message and notify the Senate and the House of 
Representatives as soon as practicable as to--
``(i) the facts surrounding the proposed 
use of the applicable covered exemption; and
``(ii) whether or not (or to what extent), 
in the judgment of the Comptroller General, the 
proposed use of the applicable covered 
exemption is in accordance with existing 
statutory authority.
``(3) Transmission of supplementary messages.--
``(A) In general.--If any information contained in 
a special message is subsequently revised, the 
President shall transmit to both Houses of Congress and 
the Comptroller General a supplementary message stating 
and explaining the revision.
``(B) Applicability of provisions.--Any 
supplementary message under subparagraph (A) shall be 
delivered, referred, and printed as provided in 
paragraph (1).
``(C) Comptroller general notification.--The 
Comptroller General shall promptly notify the Senate 
and the House of Representatives of any change in the 
notification under paragraph (2)(B) that may 
necessitated by the supplementary message under 
subparagraph (A).
``(4) Printing in federal register.--Any special message 
transmitted to Congress, and any supplementary message 
transmitted to Congress under paragraph (3)(A), shall be 
printed in the first issue of the Federal Register published 
after the transmission.
``(5) Cumulative reports.--
``(A) In general.--Not later than the 10th day of 
each month during a fiscal year, the President shall 
submit to the Senate and the House of Representatives a 
report that describes--
``(i) as of the first day of that month, 
each special message transmitted to Congress 
during the previous month; and
``(ii) with respect to each special message 
transmitted to Congress during the previous 
month, the information required to be submitted 
in that special message.
``(B) Publication.--Each report submitted under 
subparagraph (A) shall be printed in the first issue of 
the Federal Register published after the submission of 
the report to the Senate and the House of 
Representatives.
``(e) Reports by Comptroller General.--
``(1) In general.--The Comptroller General shall submit to 
both Houses of Congress a report described in paragraph (2) if 
the Comptroller General finds that--
``(A) the President, the Administrator, the head of 
any department or agency of the United States, or any 
other officer or employee of the United States has 
ordered, permitted, or approved the use of an exemption 
under this Act that is a covered exemption; and
``(B) the President has failed to transmit a 
special message with respect to the use of the covered 
exemption.
``(2) Report.--A report under paragraph (1) shall include 
any available information concerning the use of a covered 
exemption described in that paragraph.
``(3) Applicability.--With respect to a report under 
paragraph (1)--
``(A) the provisions of this section shall apply to 
the proposed use of a covered exemption described in 
that report in the same manner and with the same effect 
as if the report were a special message transmitted by 
the President; and
``(B) for purposes of this section, the report 
shall be considered a special message.
``(f) Procedure in the Senate and House.--
``(1) Referral.--Any joint resolution introduced with 
respect to a special message shall be referred to the Committee 
on Environment and Public Works of the Senate or the Committee 
on Energy and Commerce of the House of Representatives, as 
applicable.
``(2) Discharge of committee.--
``(A) In general.--If the committee to which a 
joint resolution has been referred has not reported the 
joint resolution by the end of the 15-session day 
period that begins on the date of the introduction of 
the joint resolution, it shall be in order to move--
``(i) to discharge the committee from 
further consideration of the joint resolution; 
or
``(ii) to discharge the committee from 
further consideration of any other joint 
resolution with respect to the same special 
message with respect to the same proposed use 
of a covered exemption, as the case may be, 
that has been referred to the committee.
``(B) Procedure on floor.--
``(i) Motion to discharge.--A motion to 
discharge described in subparagraph (A)--
``(I) may be made only--
``(aa) by an individual 
favoring the joint resolution; 
and
``(bb) if supported by \1/
5\ of the Members of the 
applicable House (a quorum 
being present); and
``(II) may not be made after the 
committee has reported a joint 
resolution with respect to the same 
special message.
``(ii) Status.--A motion to discharge 
described in subparagraph (A) is--
``(I) privileged in the Senate; and
``(II) highly privileged in the 
House of Representatives.
``(iii) Debate.--Debate on a motion to 
discharge in described in subparagraph (A) 
shall be limited to not more than 1 hour in 
each House, the time for which--
``(I) in the Senate, shall be 
divided equally between, and controlled 
by, the majority leader and the 
minority leader (or their designees); 
and
``(II) in the House of 
Representatives, shall be divided 
equally between those favoring and 
those opposing the joint resolution.
``(iv) No amendment.--No amendment to a 
motion to discharge described in subparagraph 
(A) shall be in order.
``(v) No motion to reconsider.--It shall 
not be in order to move to reconsider the vote 
by which a motion to discharge described in 
subparagraph (A) is agreed to or disagreed to.
``(3) Floor consideration in the senate.--
``(A) Debate.--Debate in the Senate on any joint 
resolution and debatable motions and appeals in 
connection with that joint resolution shall be limited 
to not more than 10 hours, with the time to be equally 
divided between, and controlled by, the majority leader 
and the minority leader (or their designees).
``(B) Motion to further limit debate.--A motion to 
further limit debate on a joint resolution is not 
debatable in the Senate.
``(C) No amendments or motions to recommit.--No 
amendment to or motion to recommit a joint resolution 
is in order in the Senate.
``(D) Vote required.--The Senate may only agree to 
a joint resolution on the affirmative vote of \2/3\ of 
the Members of the Senate present and voting.
``(4) Procedure in the house.--
``(A) Motion to proceed.--
``(i) In general.--When the Committee on 
Energy and Commerce of the House of 
Representatives has reported, or has been 
discharged from further consideration, a joint 
resolution, it shall at any time thereafter be 
in order (even though a previous motion to the 
same effect has been disagreed to) to move to 
proceed to the consideration of the joint 
resolution.
``(ii) Status.--A motion under clause (i) 
shall be highly privileged and not debatable.
``(iii) No amendments or motions to 
reconsider.--No amendment to or motion to 
reconsider a motion under clause (i) shall be 
in order.
``(B) Debate.--
``(i) In general.--Debate on a joint 
resolution shall be limited to not more than 2 
hours, which shall be divided equally between 
those favoring and those opposing the joint 
resolution.
``(ii) Motion to further limit debate.--A 
motion to further limit debate on a joint 
resolution in the House of Representatives 
shall not be debatable.
``(iii) No amendments or motions to 
recommit.--No amendment to or motion to 
recommit a joint resolution in the House of 
Representatives is in order.
``(iv) No motion to reconsider.--It shall 
not be in order to move to reconsider the vote 
by which a joint resolution is agreed to or 
disagreed to in the House of Representatives.
``(v) Appeals.--All appeals from the 
decisions of the Chair relating to the 
application of the Rules of the House of 
Representatives to the procedure relating to a 
joint resolution shall be decided without 
debate.
``(vi) Applicability of rules.--Except to 
the extent specifically provided in this 
paragraph, consideration of a joint resolution 
shall be governed by the Rules of the House of 
Representatives applicable to other joint 
resolutions in similar circumstances.
``(C) Vote required.--The House of Representatives 
may only agree to a joint resolution on the affirmative 
vote of \2/3\ of the Members of the House of 
Representatives present and voting.
``(5) Continuity of congress.--For purposes of any time 
limit under this section--
``(A) the continuity of a session of Congress shall 
be considered broken only by an adjournment of Congress 
sine die; and
``(B) the days on which either House is not in 
session because of an adjournment of more than 3 days 
to a day certain shall be excluded in the computation 
of the 15-day period described in paragraph (2)(A).
``(6) Exercise of rulemaking powers.--This subsection is 
enacted--
``(A) as an exercise of the rulemaking power of the 
Senate and the House of Representatives, respectively, 
and as such is deemed a part of the rules of each 
House, respectively, but only with respect to the 
procedure to be followed in the House in the case of 
joint resolutions, and supersedes other rules only to 
the extent that it is inconsistent with such other 
rules; and
``(B) with full recognition of the constitutional 
right of either House to change the rules (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.
``(g) Enforcement.--A person may commence a civil action under 
section 304 on his or her own behalf against any person (including, 
notwithstanding any provision of that section, the United States, the 
President, the Administrator, the head of any Federal department or 
agency, and any officer or employee of the United States) who is 
alleged to use a covered exemption a joint resolution for which has not 
been enacted in accordance with this section.''.
(2) Conforming amendment.--Section 304(b) of the Clean Air 
Act (42 U.S.C. 7604(b)) is amended, in the undesignated matter 
following paragraph (2), by striking ``(f)(4)'' and inserting 
``(f)(4), a civil action described in section 330(g), or''.
(b) Other Amendments.--
(1) Exemption of executive branch emissions from 
requirements under the clean air act.--Section 118(b) of the 
Clean Air Act (42 U.S.C. 7418(b)) is amended--
(A) by striking the sixth sentence;
(B) by striking the fifth sentence and inserting 
the following:
``(B) Reconsideration.--The President shall 
reconsider the need for any regulations issued under 
subparagraph (A) at 3-year intervals.'';
(C) in the fourth sentence--
(i) by inserting ``and subject to the 
enactment of a joint resolution under section 
330 authorizing the regulations'' after ``to do 
so'';
(ii) by striking ``he determines'' and 
inserting ``the President determines''; and
(iii) by striking ``In addition to any such 
exemption of a particular emission source'' and 
inserting the following:
``(2) Exemption for military property.--
``(A) In general.--In addition to any exemption of 
a particular emission source under paragraph (1)'';
(D) in the third sentence--
(i) by inserting ``, subject to the 
enactment of a new joint resolution under 
section 330 authorizing the extension,'' after 
``exemptions may''; and
(ii) by striking ``Any exemption'' and 
inserting the following:
``(C) Term; extension.--Any exemption'';
(E) in the second sentence, by striking ``No such 
extension shall be granted due to'' and inserting the 
following:
``(B) Requirement.--The President may not propose 
under section 330 to use an exemption under 
subparagraph (A) as a result of a''; and
(F) in the first sentence, by striking ``(b) The 
President'' and all that follows through ``he 
determines'' and inserting the following:
``(b) Exemptions.--
``(1) Executive branch.--
``(A) In general.--The President may, subject to 
the enactment of a joint resolution under section 330 
authorizing the exemption, exempt any emission source 
of any department, agency, or instrumentality in the 
executive branch from compliance with such a 
requirement if the President determines''.
(2) Exemption from federal agency fleet requirements.--
Section 248(e) of the Clean Air Act (42 U.S.C. 7588(e)) is 
amended by inserting ``, subject to the enactment of a joint 
resolution under section 330 authorizing the exemption'' before 
the period at the end.
(3) Exemption from phase-out of production and consumption 
of certain substances.--Section 604(f) of the Clean Air Act (42 
U.S.C. 7671c(f)) is amended--
(A) in the eighth sentence, by striking ``No 
exemption shall be granted under this paragraph due 
to'' and inserting the following:
``(3) Requirement.--The President may not propose under 
section 330 to issue an order under this subsection as a result 
of a'';
(B) in the seventh sentence, by striking ``Each 
such additional exemption'' and inserting the 
following:
``(B) Period.--Each additional exemption under 
subparagraph (A)'';
(C) by striking the sixth sentence and inserting 
the following:
``(2) Extensions.--
``(A) In general.--The President may, subject to 
the enactment of a new joint resolution under section 
330 authorizing the additional exemption, grant 
additional exemptions under this subsection.'';
(D) by striking the third, fourth, and fifth 
sentences and inserting the following:
``(C) Period.--An exemption under subparagraph (A) 
shall be for a specified period, which may not exceed 1 
year.'';
(E) in the second sentence, by striking ``Such 
orders'' and inserting the following:
``(B) Scope.--An order under subparagraph (A)''; 
and
(F) in the first sentence--
(i) by inserting ``, before seeking that 
joint resolution,'' after ``if the President'';
(ii) by inserting ``and subject to the 
enactment of a joint resolution under section 
330 authorizing the order'' after ``Montreal 
Protocol''; and
(iii) by striking ``The President'' and 
inserting the following:
``(1) Orders.--
``(A) In general.--The President''.

SEC. 3. REPEAL OF EXEMPTION FROM SCHEDULE FOR COMPLIANCE FOR HAZARDOUS 
AIR POLLUTANTS.

(a) In General.--Section 112(i) of the Clean Air Act (42 U.S.C. 
7412(i)) is amended--
(1) in paragraph (3)(A), by striking ``paragraphs (4) 
through (8)'' and inserting ``paragraphs (4) through (7)'';
(2) by striking paragraph (4); and
(3) by redesignating paragraphs (5) through (8) as 
paragraphs (4) through (7), respectively.
(b) Conforming Amendments.--
(1) Section 112 of the Clean Air Act (42 U.S.C. 7412) is 
amended--
(A) in subsection (d)(8)(C), in the first sentence, 
by striking ``subsection (i)(8)'' and inserting 
``subsection (i)(7)''; and
(B) in subsection (j)(5)--
(i) in the second sentence, by striking 
``subsection (i)(5)'' and inserting 
``subsection (i)(4)''; and
(ii) in the third sentence, by striking 
``subsection (i)(5)(A)'' and inserting 
``subsection (i)(4)(A)''.
(2) Paragraph (1)(A) of section 118(b) of the Clean Air Act 
(42 U.S.C. 7418(b)) (as amended by section 2(b)(1)) is amended, 
in the first sentence, by striking ``, and an exemption from 
section 112 may be granted only in accordance with section 
112(i)(4)''.
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